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Suhakam: NSC bill will have 'serious effects' on civil liberties
Published:  Dec 9, 2015 3:28 PM
Updated: Aug 23, 2016 5:23 AM

The Human Rights Commission of Malaysia (Suhakam) has expressed its 'extreme concern' over the hasty and unexpected tabling and passing of the National Security Council Bill 2015 by Parliament last week.

The commission in a statement today said while an important piece of legislation would have 'serious effects' on the civil liberties of citizens but was not subject to any form of public scrutiny or consultation before it was tabled.

"Even more regrettable, the effects of the bill were not properly considered by a parliamentary joint and/or select committee in a non-partisan manner.”

It added that many provisions of the NSC bill were couched in fairly general terms with hardly any clear definitions or safeguards to guide its implementation.

For instance, said Sukaham, the term 'security' was not defined but when security is 'seriously disturbed or threatened', the prime minister has the power to declare an area a security area.

"Such unfettered powers with no proper check and balance do not augur well for the state of human rights in the country.

"The vague concept of security may also be interpreted to criminalise the expression of thoughts, opinions or beliefs on public matters, including on government policies,” pointed out the commission.

Non-inclusive

While not doubting the global threat of terrorism, the commission opined that the NSC bill was a contentious piece of legislation because it overrode provisions of the federal constitution.

"Unfortunately, this controversial legislation was not preceded by extensive consultations and analysis, but was instead hurried through Parliament."

The commission said it regretted that the questionable content of the NSC bill was a reflection of a closed and non-inclusive drafting process.

“Sufficient time should be given to evaluate how the legislation can effectively deal with the threat of terrorism while also protecting civil liberties that are fundamental to democracy,” said Suhakam.

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