THE honeymoon is over with civil society ticking off the Pakatan Harapan government for handling a temple issue by using the same repressive laws it fought against under the previous regime.

Their criticism came after the new Mahathir government reneged on another election manifesto by lifting the moratorium on laws, such as the Sedition Act and security rules, to quell violence in the Sri Maha Mariamman temple fracas.

Lawyers for Liberty (LFL) executive director Latheefa Koya said the use of repressive laws to address the Subang Jaya temple incident was “alarming” and an act of betrayal to the public.

“When the moratorium was imposed, it was with the intention to abolish. 

“By lifting the moratorium, the government has betrayed its vow to the public, leaving the future of the repeal of these laws uncertain,” she said in a statement today.

Latheefa said that the new administration “must realise that these laws allow for far-reaching and arbitrary powers”.

“On this basis alone, they ought to be abolished as future governments may use them not just against cases like the temple riot but also against political opponents and dissidents.”

Lim Wei Jiet, secretary-general of the National Human Rights Society (Hakam), said Putrajaya’s “continued use of these obnoxious laws violate the integrity and credibility of building a New Malaysia”.

The cabinet withdrew the moratorium on the Prevention of Crime Act (POCA), Prevention of Terrorism Act 2015 (POTA), Security Offences (Special Measures) Act 2012 (Sosma), Sedition Act 1948 and Section 233 of the Communications and Multimedia Act 1998 (CMA) for the police to probe into the riots at the temple in Subang Jaya, Selangor, last week.

Blogger Wan Muhammad Azri Wan Deris, better known as Papagomo, was also arrested on Thursday under the Sedition Act over an allegedly inflammatory video posted on his Facebook page on the temple issue.

Lim said there are sufficient provisions in the country’s laws to deal with the temple situation, without having to fall back on the security laws.

“Hakam fully supports the government’s intention to restore peace and public order and for those who incite racial hatred and rioting to be punished under the law.

“However, the current government must not emulate the previous administration and use repressive laws to deal with this situation,” he told The Malaysian Insight.

Among the detention laws, Hakam said POCA and Sosma give wide powers to the authorities to detain a person for prolonged periods without trial and provide no judicial oversight.

Lim said the existing provisions for remand of up to 14 days under the Criminal Procedure Code, as well as channelling more resources to the relevant agencies for speedier investigations, are adequate measures to tackle the problem at hand.

“Further, the Sedition Act 1948 and Section 233 of the CMA are phrased too arbitrarily and have been opened to abuse many times under the previous regime,” Lim said, adding that the use of POTA was “wholly unnecessary” considering that the temple fracas has no relation to terrorism.

“Public order and human rights can exist hand-in-hand, and this government must prove that this is the way for Malaysia to move forward.”

Meanwhile, the Centre for Independent Journalism (CIJ) director Sonia Randhawa said the cabinet’s suspension of the moratorium is a step backward, “giving the impression that there is a continuing need for this colonial piece of legislation”.

“The situation is tense in Malaysia right now and extra vigilance is needed to ensure peace is maintained,” she said.

“It is at times like these when it is more important than ever for police action to be disassociated from political action.

“Given that they committed to repeal the Sedition Act, this move now is particularly worrying.”

Latheefa said PH’s continued use of the laws their leaders had once fought against would simply “prolong a practice they vowed to end under Barisan Nasional”.

“Do not turn Pakatan Harapan into Barisan Nasional as these laws have facilitated some of the country’s worse human rights violations and their potential for abuse has long and repeatedly been proven,” she said. – December 4, 2018.