August 22, 2015
Opinion: Malaysia’s Broken System
by John Berthelsen@www.asiasentinel.com
It is ironic that a chorus of leaders from the United Malays National Organization(UMNO) have accused critics of scandal-scarred Prime Minister Najib Razak of “seeking to destroy parliamentary democracy in Malaysia.” There is no parliamentary democracy in Malaysia.
Malaysia’s government is broken. Every institution that exists in a normal democracy to protect the people does not work. That includes the parliament, the courts, the police, the mainstream press and the religious establishment, which all act to perpetuate the ruling coalition – primarily UMNO – in power.
“Constitutional democracy has taken a new meaning in Malaysia and that is the status quo of the incumbent power,” one of the country’s most prominent constitutional lawyers said privately. “There are threats even against me for having acted in my professional capacity as a constitutional lawyer for those who desire to seek change.”
‘Our parliament is a rubber stamp; our judiciary is compromised; our civil service is mediocre and incompetent’
The situation is not new. Najib, who is accused of stealing hundreds of millions of dollars of taxpayer money by critics – but not by law enforcement agencies – is not the cause of the breakdown. He is only a symptom of it. While UMNO has dominated politics since independence in 1957 under the Barisan Nasional, the current system was largely built by Mahathir Mohamad during the 23 years he was in power.
It’s been a long time coming
The breakdown began decades ago, even before the subversion of the courts by Mahathir in the 1980s, although that was a major contributing factor. The Barisan Nasional inherited a series of repressive laws from the colonial British, including the Internal Security Act, which allows for indeterminate detention without trial. Although the ISA was supposedly suspended as a reform by Najib in 2012, it was replaced by an almost equally pernicious statute, Section 124 of the Penal Code, which allows for the arrest of individuals “for activities detrimental to parliamentary democracy.”
Another is the Printing Presses and Publications Act of 1984, which replaced similar colonial laws and requires all printing presses to secure an annual license from the Home Affairs Ministry.
The British also bequeathed the Sedition Act of 1948, which banned speech that would “bring into hatred or contempt or to excite disaffection against” the government or engender “feelings of ill-will and hostility between different races.”
The sedition act has been used repeatedly as the current scandal has grown in proportion, with its most notable potential victim Clare Rewcastle Brown, the UK-blogger whose Sarawak Report has played an instrumental role in exposing corruption connected to 1Malaysia Development Bhd, the state-backed investment fund that has amassed RM42 billion in debt. Scores of others including opposition politicians, activists, academics, journalists and cartoonists are being investigated or have been charged.
“Our parliament is a rubber stamp; our judiciary is compromised; our civil service is mediocre and incompetent led by a bunch of apple polishers; our police force, which is headed by an Inspector General of Police, treats us like enemies of the state, not as taxpayers and citizens who should be protected from criminals,” said Din Merican, a Malay university professor now teaching in Cambodia. “Our fiscal management is in a total mess because we have a Finance Minister who regards our national coffers as if they were his own and mismanages our economy. We have rampant corruption and abuses of power.”
Rigging the game
Things really began to go downhill in 1986 when the country’s highest court ruled that the government’s cancellation of the work permits of two Asian Wall Street Journal correspondents was unlawful. That was followed by the High Court’s decision to issue a habeas corpus writ for the release of opposition leader Karpal Singh from detention.
Then Justice Harun Hashim (above) declared UMNO illegal and dissolved the party. An outraged Prime Minister Mahathir fired the chief justice and subsequently moved parliament to amend the constitution to say that the courts would only have judicial powers “as may be conferred by or under Federal law,” making Malaysia the only Commonwealth country whose courts do not have judicial powers unless the legislative branch says so.
As a result, the courts are clearly in thrall to the governing party, as witnessed by the two farcical trials that put opposition leader Anwar Ibrahim in prison against all evidence, and a long string of decisions that have cleared government leaders despite strong evidence of their guilt.
Democracy itself is broken, with gerrymandering keeping the opposition in its place. Witness the 2013 parliamentary election, which the Barisan actually lost, 51.39 percent to 47.79 percent, although it retained 133 seats to the opposition’s 89. It was an election won on vast infusions of apparently illegal money, if the latest revelations are true that Najib’s US$681 million “donation” diverted into his account was to help him fight the election. Top leaders of the ruling party are ignoring the deepening scandal because the prime minister has paid them continuing rounds of ill-disguised bribes to keep their loyalty. In addition, the election commission comes under the purview of the prime minister’s office, rendering it toothless.
In addition to being muzzled by the printing act, the idea of a free press, which would keep a watchdog eye on the government, has been subverted by the fact that virtually all of the major media, both in English and Malay and including newspapers, television and radio, are owned by constituent parties of the Barisan. Najib used his powers recently to shut down the two most critical newspapers, both owned by The Edge Group, for three months after they reported on the 1MDB mess. Neutral or hostile online media, which is freer but subject to partisan pressure, are constantly threatened with lawsuits that can’t be won in the kept courts, or by sedition or other charges.
The ruling party also has become adept at using Islam as a cudgel to beat other races, particularly the Chinese, and to scare the kampungs, or rural villages, back in line while splintering the opposition.
Opposition leaders and others have accused Najib, with some justification, of being behind a “unity government” strategy to support the fundamentalist Parti Islam se-Malaysia in its effort to implement hudud, or harsh Islamic law, in the state of Kelantan, which it controls. The idea is to destroy a shaky opposition coalition cobbled together seven years ago out of disparate elements. That effort appears to have succeeded, with PAS splitting the opposition coalition earlier this year.
It is the use of religion for cynical political ends that may be the most dangerous part of the UMNO strategy. The so-called Group of 25, consisted of senior civil servants, former diplomats and others, issued an open letter in December calling for moderation; they have renewed their call, saying the imposition of hudud would tell the world that the country has abandoned its once-moderate path.