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Dr Mohd Azizuddin Mohd Sani: Deliberative democracy is alive in Malaysia

Deliberative democracy is alive in Malaysia, with many government and people engagements. Opportunities for public deliberations are plentiful. It’s crucial for government, civil society, or universities to seize these and apply them in the community,” asserts Dr Mohd Azizuddin Mohd Sani.

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MALAYSIA: Deliberative democracy, a form of government where decisions are reached through discussion and debate among citizens rather than solely through voting, appears to be thriving in Malaysia.

This concept, akin to a community-wide conversation where everyone’s opinion is valued and considered before making a decision, was the subject of a recent interview with Dr. Mohd Azizuddin Mohd Sani, an Associate Professor of Politics and International Relations at the School of International Studies (SOIS), Universiti Utara Malaysia (UUM).

In a conversation with Simone Galimberti, Dr. Sani reflected on the short-lived 2008 experiment of the Temerloh Parliamentary Consultative Council (TPCC), which was established by Saifuddin Abdulla, then a deputy minister for Higher Education.

The author of a chapter on Malaysian experiences with deliberative democracy in the book ‘Deliberative Democracy in Asia’ stated, “TPCC was special for the constituency called Temerloh. Saifuddin had moved to a neighbouring constituency called Indera Mahkota. He invited me in 2018 hoping to set up a similar model of TPCC.”

“Unfortunately, he decided to abandon the model for reasons I’m not sure of, even though the first town hall meeting organized by him in Indera Mahkota was very similar to the TPCC. Based on my observations, I couldn’t find any initiatives quite like the TPCC. Therefore, I would say that it is a standalone initiative,” Dr. Sani explained.

Despite the cessation of TPCC, Dr Sani remains positive about the government’s approach towards deliberative democracy.

He noted several recent examples, including a town hall session on healthcare organised by the Ministry of Health, and another on amending the Universities and University Colleges Act, held by the Ministry of Higher Education.

Dr Sani said, “In fact, there are many engagements between the government and people regarding many issues either offline or online in which let me to believe that deliberative democracy is alive in Malaysia.”

Dr Sani, who was involved with the Electoral Reform Committee (ERC), also addressed the possibility of deliberative democracy helping to reintroduce local elections, a policy abandoned in the 1960s.

He clarified that “the election reform was focused to improve the federal and state levels of election, not the local election.”

He acknowledged the role of each Ministry in the process of localizing Sustainable Development Goals (SDGs), with the Ministry of Higher Education prominently supporting all 17 UN SDGs.

These efforts, Dr Sani believes, could serve as a stepping stone for deliberation.

Dr Sani envisages a crucial role for universities and civil societies in promoting deliberative democracy.

Drawing from his own experience at UUM, where town hall meetings were held for various decision-making processes, he said, “I think that the idea of deliberative democracy should be promoted and applied in universities first.”

He also encouraged universities to promote public deliberation in out-of-campus activities, particularly in state, district and village levels through community engagement programs.

Concluding his thoughts, Dr Sani stated, “My point is that there are many opportunities to have public deliberations. It depends on anyone either government, civil society or university to take up the methods of public deliberation and apply them in the community.”

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APHR urges Myanmar’s SAC to halt imminent execution of five democracy activists

The ASEAN Parliamentarians for Human Rights (APHR) has called on Myanmar’s State Administration Council to halt the execution of five democracy activists scheduled for 24 September 2024. APHR cited grave concerns about the death sentences and called for the activists’ unconditional release.

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The ASEAN Parliamentarians for Human Rights (APHR) has called on Myanmar’s ruling State Administration Council (SAC) to immediately halt the scheduled execution of five democracy activists, set to take place on 24 September 2024.

The activists—Zaryaw Phyo (32), San Min Aung (24), Kyaw Win Soe (33), Kaung Pyae Sone Oo (27), and Myat Phyo Pwint—were sentenced to death in a closed-door hearing at Yangon’s Insein Prison on 18 May 2023.

They were convicted for their alleged involvement in a deadly shooting on a Yangon train in 2021, which resulted in the deaths of six police officers.

The attack occurred amid a national wave of armed resistance to the military coup that had taken place earlier in 2021.

The detainees were charged with murder and illegal weapons possession under several laws, including the 1949 Arms Act and the 2014 Counterterrorism Law.

According to Myanmar Now, the sentences were handed down by District Judge Khin Ni Ni Aye of Ahlone Township, where the attack took place nearly two years earlier.

The court sentenced Kaung Pyae Sone Oo to two death penalties under the Arms Act and terrorism charges, while the other defendants received one death sentence and one life sentence each.

APHR Chairperson Mercy Chriesty Barends, a member of Indonesia’s House of Representatives, condemned the verdicts, calling for the unconditional release of the detainees.

“We call upon the SAC to immediately release them and ensure that, pending their release, the detention conditions comply with international standards,” Barends said. She further stressed the importance of access to legal representation, medical care, and contact with family.

The activists’ death sentences were particularly concerning to APHR, as they were issued by the civilian judiciary, rather than a military court, marking the first such case since the military coup in 2021.

APHR Board Member Wong Chen, a Malaysian MP, called the use of the death penalty a means of stifling dissent. “The use of capital punishment as a tool to suppress dissent is unacceptable and must be condemned in the strongest terms,” he stated.

The group also drew attention to the fact that this sentencing comes at a time when more than 100 post-coup prisoners are currently on death row in Myanmar.

The Assistance Association for Political Prisoners (AAPP) reported that 117 individuals arrested following the 2021 coup await execution, and a further 42 have been sentenced to death in absentia. While the regime has commuted some sentences and pardoned political prisoners, the continued use of capital punishment signals a deepening crackdown on political opposition.

Kasit Piromya, APHR Board Member and former Thai MP, noted the broader implications of these sentences. “This marks the first instance of the civilian judiciary, rather than a military tribunal, issuing death sentences since the coup, signalling a disturbing shift in the judicial proceedings in Myanmar,” he said.

The upcoming execution has raised fears reminiscent of the August 2022 execution of four prominent anti-coup activists, including former National League for Democracy (NLD) MP Phyo Zeya Thaw, whose executions marked the first use of capital punishment in Myanmar in decades and sparked global outrage.

APHR Board Member Arlene D. Brosas, a Philippine MP, said that the SAC’s ongoing use of executions represents a “significant setback” in peace efforts.

“These executions show the absence of political will from the SAC to implement the ASEAN Five-Point Consensus meaningfully,” she added.

APHR continues to advocate for the unconditional release of all political prisoners in Myanmar and urges the international community to increase pressure on the SAC to cease its human rights violations.

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RSF condemns Malaysian court ruling against British journalist Clare Rewcastle Brown

Malaysia’s Federal Court rejected Clare Rewcastle Brown’s appeal against a defamation ruling, leaving her liable for damages over RM 435,000. RSF condemned the decision as an effort to silence the journalist, who is known for reporting on corruption scandals.

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Malaysia’s Federal Court has dismissed British journalist Clare Rewcastle Brown’s appeal against a defamation ruling, leaving her liable to pay damages exceeding RM 435,000 (US$103,325).

The defamation suit, which RSF (Reporters Without Borders) describes as part of a broader effort to silence journalists reporting on corruption, relates to a statement in Rewcastle Brown’s 2018 book, The Sarawak Report – The Inside Story of the 1MDB Expose.

The journalist has faced legal challenges ever since, including both civil and criminal cases.

Rewcastle Brown, known for exposing Malaysia’s 1MDB financial scandal, was accused of defaming the Sultanah of Terengganu, the wife of a senior political figure.

The defamation suit stems from a misidentification error in the book, which wrongly stated that the Sultanah, rather than the Sultan’s sister, was connected to a businessman involved in the scandal.

Rewcastle Brown quickly corrected the mistake and issued an apology in 2018. Her legal team has argued that the error does not constitute defamation or criminal libel.

The Sultanah had initially sought RM 100 million in general damages, but the court ultimately awarded a much smaller sum of RM 300,000 (US$71,230) in damages, along with RM 135,000 (US$32,095) in legal costs. Additional fees are expected.

The Federal Court’s decision on 10 September 2024 closes Rewcastle Brown’s legal avenues for appeal in the civil case.

Reporters Without Borders has condemned Malaysia’s handling of the case, asserting that it is intended to intimidate other journalists from reporting on corruption.

Fiona O’Brien, UK Bureau Director of RSF, commented: “This case should never have made it to court. The accusations of defamation are nonsensical. The underlying agenda appears to be to silence Rewcastle Brown and warn other Malaysian journalists away from reporting on corruption.”

In a separate criminal case, Rewcastle Brown was sentenced in absentia to two years in prison in February 2024. She continues to appeal the criminal charges but has faced significant challenges in defending herself. The British government has not commented publicly on her case.

RSF also noted that Malaysia, once ranked 73rd in the World Press Freedom Index, has dropped to 107th in 2024, amid rising political instability and a pattern of defamation suits against journalists.

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