COMMENT Our government has tabled a slew of amendments to the Sedition Act, denying bail in some cases, and increasing minimum and maximum jail time under the Act.

 

The amendment regarding bail reads: “The new Section 5A provides that where a person is charged with an offence under subsection 4(1A) and there is a certificate in writing by the public prosecutor stating that it is not in the public interest to grant bail to the person charged, the person shall not be released on bail.”

 

Denying bail and introducing higher minimum and maximum jail sentences heralds the return (in practice) of politically motivated detention without trial. The Internal Security Act (ISA) has all but been resurrected.

 

The Sedition Act is worded so vaguely that I would estimate upwards of 80 percent of what Malaysians say about their governments on Facebook could technically be considered seditious, according to the letter of the law.

 

With such a wide ambit, there is little difference to the old ISA, where a minister had the discretion to lock someone up indefinitely, if said minister was satisfied that the individual was a “threat to national security.” Practically no burden of proof is required.

 

Without bail for those charged under the Sedition Act, the end result is the same: an individual’s liberty can be taken away just like that, for years and years at a time.

 

As we witness the return of full forced political persecution, it may be worthwhile to examine these developments in the larger political context that informs them. Only then can we understand the narrow political interests for which our liberties are being sacrificed for.

 

The ISA began during colonial times as an instrument against communists. Long after communism left us, the draconian law remained, as our government remained drunk on the limitless power it afforded them in dealing with political undesirables.

 

As the years went by, the widespread attitude within Umno was that the ISA was the ultimate manifestation of political power - a mighty weapon with which to smite all those who would dare challenge Umno hegemony.

 

This is exactly the manner in which Dr Mahathir Mohamad used the law to suppress dissidents, not so unlike Lee Kuan Yew who did the same in Singapore.

 

Since that time, the image of the ISA as a symbol of political power has become more and more enshrined.

 

Najib caves to pressure

This is why Najib Abdul Razak faced considerable internal backlash within Umno when he first abolished the ISA.

 

Things only got worse for the prime minister within his own party when he announced that the Sedition Act was also to be abolished.

 

The talk within Umno was likely that Najib was showing more and more weakness by dismantling and throwing away Umno’s big ‘cannons’.

 

It is indicative of Umno’s deep insecurity and tendency towards the more cowardly variants of bullying that they would feel so dependent on such repressive and unjust laws to maintain their grip on power.

 

Facing enemies from so many quarters within Umno, Najib caved to pressure and did a complete U-turn, breaking his promise to abolish the Sedition Act.

 

Indeed, in this past year or two, as Najib fights off various internal challenges, the Sedition Act has not only not been abolished - it has in fact been strengthened and used with increasing frequency.

 

As Mahathir is now bringing out his own cannons against Najib, these latest amendments can only be seen as desperate moves and vain attempts by Najib to appear like Mr Tough Guy, and appeal to Umno’s more conservative quarters.

 

As the Malay saying goes, “Bila gajah bertempur, kancil yang mati di tengah.” It is an ongoing travesty that normal Malaysians are the ones who pay the price when the powers-that-be fight among themselves.

 

To make things worse, internal strife and weakness within Pakatan Rakyat is likely giving Umno the idea that they can act with increasing impunity.

 

Surrounded by a failure of politics, we need to take courage and support one another in continuing to speak out, even as more and more forces try to shut us up.

 

 

NATHANIEL TAN is now a proud member of the Malaysiakini (business) team.