MALAYSIA declared an emergency and suspended its Parliament in January 2021, creating widespread concerns.

The Covid-19 outbreak has disrupted economies, both the supply and demand sides. Saving lives is the priority with concentrated attention to public health. Whilst acknowledging the government’s obligation to protect their citizens, the question arises whether the state has gone beyond the ‘extent strictly required by the exigencies of the crisis’? (Brannigan and McBride v United Kingdom 1993)

Both the Covid-19 pandemic and the suspension of Parliament are putting human rights to test. Every citizen has the right to take part in the conduct of public affairs in a democratic society, directly or through elected representatives under international human rights law.

The suspension of parliament encroaches upon this right because elected representatives are prevented from representing their constituents. Measures taken are limited to what is strictly necessary to manage the pandemic. The Covid-19 pandemic should not diminish the primordial importance of democracy.

Parliamentary oversight is the key to the accountability process of an emergency measure. The suspension of Malaysia’s parliament on emergency grounds resulted in a worrying shift in the practice of democratic debate and scrutiny.

It opens the way to abuse and the overreach of executive powers. Malaysia’s government controversially amended the Emergency Ordinance to allow spending without getting approval from lawmakers in parliament or the state assemblies in late March 2021, leading to a lack of legislative oversight.

Hence, the concentration of power in the executive has the potential to undermine democratic deliberation at a time where accountability is required not less, but more.

An accountability mechanism is needed to enhance broader democratic accountability.

Malaysia should learn from other countries to ensure greater democratic accountability whilst preparing for the prevention, containment and control of outbreaks of Covid-19.

In our neighbouring country, Singapore, the speaker made a strong statement justifying the continued sitting of parliament. “We also need to be socially closer to our citizens, to hear and speak their voices here, to provide them comfort, hope and confidence,” Tan Chuan-Jin said.

Singapore also had its first public live stream of parliamentary proceedings.

Moreover, the House of Commons in the UK continued to undertake its work in which they work on a hybrid basis.

Members of Parliament who could not be physically present could still carry out their work remotely.

Hence, Malaysia should strive to adopt a long-term strategy for the management of the pandemic that does not rely on continued restriction.

With the advancement of digital technology, especially during the Covid-19 pandemic when people could work from home, with various events being held virtually or even the opening of certain economic sectors, a virtual sitting of the parliament may be necessary to pass emergency legislation.

It is becoming clear that Covid-19 restrictions will be in place for a considerable period, it is therefore imperative that democratic scrutiny adapts to this new environment while staying robust.

We would not want to wake up in a new world where human rights, accountability and democracy have lost all significance.

Whilst Malaysia’s government is trying to minimise the human-to-human transmission of Covid-19, however, the pandemic should not diminish the importance of democracy.

It is vital to reconvene parliament, be it virtually or with appropriate distancing for Members of Parliament to exercise their legislative and oversight functions during the crisis. – April 7, 2021.

*Teoh King Men reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.