High hopes for national renewal

MY last article spoke of a Ramadan of inclusion – and I thank donors to the campaign run by the Ideas Autism Centre for teaching and therapies – but the holy month is also about self-improvement and renewal. For individuals, this is often achieved through performing terawih prayers and reading the Quran, which leads to greater spiritual awareness and understanding of the faith.

Of course, not all improvement is explicitly religious in nature, with friends using Ramadan to learn in other fields and maintain a healthier lifestyle.

Improvement and renewal have been topical for our nation as well, particularly during the most recent parliamentary session.

The most talked-about reform was the abolition of the mandatory death penalty. The long title of the Bill reads: “An Act to amend the Penal Code, the Firearms (Increased Penalties) Act 1971, the Arms Act 1960, the Kidnapping Act 1961, the Dangerous Drugs Act 1952, the Strategic Trade Act 2010 and the Criminal Procedure Code in order to abolish the mandatory death penalty, to vary the sentence relating to imprisonment for natural life and whipping, and to provide for matters connected therewith.”

Although there has been a moratorium on executions in place since 2018, opposition to this Bill was surprisingly muted, particularly given past commentary on this issue arguing that for reasons of religion and retributive justice, the death penalty would definitely be maintained.

Some did argue that serious crimes such as murder should continue to have a mandatory death penalty (to give comfort to the victims’ families), but no one could convincingly refute Deputy Law Minister Ramkarpal Singh’s argument that capital punishment is an ineffective deterrent.

Presuming the Bill is also passed by the Dewan Negara and assented to by the Yang di-Pertuan Agong, Malaysia may move from being one of 53 countries (out of 192 United Nations member states) which “maintain the death penalty in both law and practice” to one of 25 which “permit its use for ordinary crimes, but have abolished it de facto”. (Seven countries have abolished it except during exceptional circumstances such as war, and 111 countries have abolished it in all cases.)

The “de facto” part is important: in a recent conversation, a senior judge told me that although the death penalty will remain discretionary for a handful of offences, in practice most judges will increasingly not send anyone to the gallows even if it is an option.

Among other Bills of interest, the Penal Code was amended to make stalking an offence (and provide a maximum penalty of three years’ imprisonment with a fine). And seeing its first reading was the Mental Health (Amendment) Bill, aiming to enable crisis intervention officers to apprehend any person who attempts to commit suicide. This is part of the government’s wider efforts to decriminalise attempted suicide.

I am not sure how much these issues weighed on the minds of the electorate when they voted last year, but civil society seems pleased with these legislative efforts.

Outside of legislation though, it’s also encouraging to see Parliament as an institution become stronger. Ten Parliamentary Select Committees (PSCs) have been formed: on Finance and Economy; Health, Science and Innovation; Agriculture and Domestic Trade; Infrastructure Development; Education; Women and Children’s Affairs and Social Development; Science, Innovation and Environment; Security; International Relations and Trade; and Human Rights and Constitutional Affairs.

Additionally, All Party Parliamentary Groups (APPGs) are also being recreated following last year’s dissolution. In this session, two were established: one on Integrity, Governance and Anti-Corruption; and the other on the Sustainable Development Goals. Like the PSCs, these comprise MPs from not only the government and opposition sides but also involve civil society organisations.

For example, the Institute for Democracy and Economic Affairs (Ideas) is part of the APPG on Integrity, Governance and Anti-Corruption and was secretariat of the APPG on Political Financing (which hopefully will be re-established soon).

Speaking with backbench MPs, it is amazing what impact the PSCs and APPGs have had on how they see their roles. Instead of only contributing to legislation from the floor of the House, they now are able to seriously consider policy options, study evidence, hear from experts and take a position independent of their party.

Of course, not all MPs are equally dedicated to their duties (and some will still make ignorant, racist and misogynistic statements) –but civil society organisations have largely welcomed the new opportunities for interaction and input into policy making.

Another such platform is the Speaker’s Lecture Series, of which I gave the inaugural lecture in December 2018.

In general, I am thus encouraged by how Parliament as an institution has reformed itself to make itself more dynamic and reactive to the citizens it represents. If other institutions follow suit, then hopes for national renewal may indeed be great!

Tunku Zain Al-‘Abidin is founding president of Ideas. The views here are the writer’s own.