CIJ questions the need for an emergency proclamation

THE Centre for Independent Journalism (CIJ) has expressed concern over yesterday’s proclamation of the state of emergency which was swiftly followed by a public warning by the Malaysian Multimedia and Communication Commission (MCMC) against disseminating sensitive information that touches on 3Rs – royalty, religion and race.

Moreover, CIJ is baffled by the way Prime Minister (PM) Tan Sri Muhyiddin Yassin describing the emergency as not a “military coup” and “curfew will not be enforced” yet mentioning that an ordinance can be proclaimed to provide enforcement powers to the Malaysian Armed Forces.

Such warnings and increase in power signal the government’s intentions to curb the people’s ability to engage effectively in public life.

“Why such an immediate impulse to silence critics?” asked CIJ’s executive director Wathshlah G. Naidu. “This foretells a possibility that this emergency is likely to be used to justify arbitrary arrests and investigations that infringe on freedom of expression and other fundamental liberties.”

Action of such nature, according to CIJ, shows the possibilities of heightened military presence and attempts to further curtail citizen’s liberty which must not be undermined during a public health crisis – and especially not under the guise of an emergency.

“Besides that, the media must be guaranteed the space to do their jobs and hold the powers that be to account and to function with independence and with no fear of repercussion for carrying out their critical reporting functions,” argued Wathshlah.

“Access to information and necessary public data should also be promoted during this time, not restricted.”

Thus, CIJ urges the Government to:

  • Create a safe environment for discussion and criticism by refraining from using scare tactics and arbitrary applications of repressive laws to sanction and intimidate those who criticise them;
  • Pledge to promote media freedom and right to information, especially in dealing with the pandemic, and not use the emergency as a guise to arbitrarily curtail them or create an environment of fear by censoring or punishing journalists and netizens seeking information;
  • Base government responses and actions such as military intervention and legal action on the basis of necessity, proportionality and legitimacy, and in accordance with the rule of law and good governance;
  • Allow Parliament and state assembly sittings to convene – virtually if not physically – while abiding by the necessary COVID-19 SOPs;
  • Undertake extensive research to replicate good practices on how elections can take place during the pandemic while safeguarding democratic participation – and while noting the risks of holding an election now, do not suspend this constitutional right, and;
  • Mitigate COVID-19 responses and flatten the curve by providing imminent support critical to the overburdened healthcare system, increase mass testing, escalate the efficiency of contact tracing and roll out the vaccines without delay rather than focusing on the emergency.

“The failure of the ruling regime in implementing COVID-19 mitigative and preventative measures through existing laws and procedures demonstrates the lack of leadership, foresight and a coordinated effort in managing the pandemic,” opined Wathshlah.

“Furthermore, the move by the PM to call for an emergency reeks of political opportunism and a quest to retain power in the context of a volatile political landscape currently at an impasse.” – Jan 13, 2021

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