By Christine Khamis

Impunity Watch Reporter, Asia

 

KUALA LUMPUR –

Malaysia’s House of Representatives passed a bill on Thursday establishing a National Security Council, which will have the authority to make decisions on all matters pertaining to national security. The National Security Council will have few limitations when responding to known or potential security threats. Human rights organizations and other critics have condemned the passage of the bill, saying that it will be used as a tool to abuse human rights by the Malaysian government.

Malaysia’s House of Representatives tabled the bill on December 1, but then passed it on Thursday with a vote of 107 in favor and 77 against. Those in Malaysia’s ruling party, Barisan Nasional, were strongly in favor of the bill.

Malaysia’s Prime Minister, Najib Razak has stated that the law is necessary for responding to extremism and terrorist threats in Malaysia. Under the law, Mr. Najib has the power to declare any area of Malaysia as a “security area” for up to 6 months if the National Security Council finds that the area is under a serious threat that could be harmful to the public and any national interest.

A Director of Operations of the Council will be allowed to prevent anyone from entering such areas, remove anyone from those areas, and to establish curfews and take possession of any property necessary to further national security. The Director of Operations will have the right to conduct searches and arrest people without warrants.

The members of a security team, which the Director of Operations will oversee, will be allowed to use any force necessary and reasonable to protect national security. Additionally, members of the security team will be immune from liability for any actions taken in good faith.

The National Security Council will be headed by Mr. Najib. Additional members will include Malaysia’s Deputy Prime Minister, Minister of Defense, Minister of Home Affairs, Minister of Home Affairs, Minister of Communication and Multimedia, Chief Secretary, Commander of the Armed Forces, and Inspector-General of Police.

Human Rights Watch’s Deputy Director for Asia, Phil Robertson, has released a statement referring to the bill as a tool of repression, saying there is a “real risk of abuse” of the law. Human Rights Watch also has stated that there is already a wide range of abusive laws being implemented by Mr. Rajib’s government to arrest dissidents.

The International Commission of Jurists (ICJ) issued a press release on Thursday stating that the bill makes it clear that Malaysia’s government needs to establish reforms in their lawmaking process. ICJ’s Senior International Legal Adviser for Southeast Asia, Emerylynne Gil, stated that there seems to be “a disturbing pattern of avoiding deliberate care on legislation” on security concerns that also greatly implicate human rights.

The National Security Council bill comes amidst an increasing level of civil rights abuses and crackdowns on government critics.

 

For more information, please see:

BBC – Rights Group Condemns Proposed Malaysia Security Bill – 3 December 2015

International Commission of Jurists – Malaysia: the ICJ Condemns Passage of National Security Council Bill, Urges Reform in Lawmaking – 3 December 2015

The New York Times – Malaysian Security Bill Invites Government Abuses, Rights Groups Say – 3 December 2015

World Bulletin News – Human Rights Watch Claims Law Provides Expansive Powers That Could Fundamentally Threaten Human Rights and Democratic Rule – 3 December 2015