The Human Rights Commission of Malaysia (Suhakam) today expressed concerned that the recently passed anti-terrorism legislation could be used against political dissidents due to its 'vague' definitions.

Its secretary Kamaruddin Mohamed Baria said: "While the offence relating to a 'terrorist act' requires both intention or knowledge on the one hand and an act on the party of the alleged offender on the other, the definition of 'terrorist act' applied in some of the provisions are too wide.

"It is hoped that for example, legitimate expressions of political dissent such as picketing or peaceful assembly will not be prosecuted under such provisions giving a strained interpretation to the objective and language of the proposed legislation," he added in a press statement.

He said the commission was concerned over the amendment's "inconsistencies with the existing provisions of the Penal Code, unclear terminology, the wide ambit of the language relating to the offences and the severity of the punishment".

Citing an example, he said the 'serious bodily injury' in one of the provision was not defined. He proposed that the currently-defined term 'grievous hurt' under Section 320 of the Penal Code be used.

He also pointed out that the amendment did not clearly define one of the provisions pertaining to causing harm to the public by toxic chemicals or other biological agents.

Suhakam noted that the punishment under the amendments was 'excessive' as well.

Dialogue needed

The human rights watchdog also emphasised on the need for the government to consult it when formulating legislation as stipulated under section 4(1) of the Human Rights Commission of Malaysia Act 1999.

Kamaruddin said while there is a need to address the terrorism threat, there should also be an equal need to ensure that the Malaysian law is in conformity with international human rights standards.

"In this regard, Suhakam emphasises the need for the government to engage in dialogue with Suhakam - so that Suhakam may be able to properly discharge its duty - and other relevant sectors of society before any amendment to legislation is presented to Parliament," he added.

The secretary said if the new law was enacted with full consultation, it could be seen as positive since the commission is of the opinion that the Internal Security Act (ISA) - which allowed for detention without trial - should be replaced with a new comprehensive legislation dealing with terrorism.

Other human rights groups have also protested the new law.