Press Statement
NSC Act a defiance of the Rulers, the people and the Federal Constitution
9 June 2016
The #TakNakDiktator Coalition is appalled that the government has bulldozed the National Security Council (NSC) Bill 2015 and gazetted it as law on 7 June 2016 despite the very serious concerns raised by many parties including the Conference of Rulers who had requested in February 2016 that the Bill be “refined”.
The fact that the Royal Assent to the NSC law was acquired via Article 66(4A) of the Federal Constitution should raise alarm bells that the usual process of the DYMM Yang di-Pertuan Agong expressly assenting to bills before becoming law, was not complied with. Under Article 66(4A), a Bill is considered to have been assented to by the Yang Di-Pertuan Agong if no assent is obtained within 30 days after the Bill was presented to the Yang Di-Pertuan Agong.
Whilst this is constitutionally permissible, serious questions arise as to why the government has acted so hastily and in defiance of the concerns raised by the Conference of Rulers particularly as the Bill directly impinges on the powers of the Yang Di-Pertuan Agong. More so, as they have acted in complete disregard of the very valid concerns raised by the public with regard to the ramifications of this Act.
It was reported in The Star today that the Attorney General had confirmed that there were no amendments to the Bill despite promising scrutiny of some provisions after his meeting with the Rulers in February. It is now incumbent on the Attorney General to disclose if any provisions were scrutinised at all and the reasons why no amendments were made nevertheless.
The NSC law represents an extremely dangerous step for Malaysia as it concentrates extraordinary powers in the PM and the NSC. No person or entity should have such absolute and unfettered powers. Concentration of power leads to abuse, particularly in times of political crisis. The NSC law represents a leap towards a dictatorship and a military-police state with little or no safeguards.
The NSC law is clearly unconstitutional and a grave abuse of power. Malaysia does not need such a law which goes against all principles of democracy and undermines the rule of law in the country.
In this exercise, this government has behaved as if they are accountable to no-one, neither the Rulers nor the people. The fact that there were no amendments to the Bill is proof of this. If this is not a dictatorship, then what is?
Issued by:
Ambiga Sreenevasan
On behalf of the #TakNakDiktator campaign coalition,
- Amnesty International Malaysia
- BERSIH
- Centre to Combat Corruption and Cronyism (C4)
- National Human Rights Society (HAKAM)
- Pertubuhan Ikram Malaysia (IKRAM)
- Institut Rakyat
- Lawyers for Liberty
- Persatuan Promosi Hak Asasi Malaysia (PROHAM)
- Suara Rakyat Malaysia (SUARAM)