Daily Archives: July 12, 2012

KUALA LUMPUR, Malaysia Malaysia's leader has announced plans to repeal a colonial-era law curbing free speech in the latest political reform ahead of general elections, but critics warned Thursday that his reform efforts so far have not improved the country's human rights record.

Prime Minister Najib Razak said late Wednesday that the Sedition Act represented a "bygone era" and will be replaced with a new law to prevent incitement of religious or racial hatred. It will be the latest repressive law to be annulled as part of his pledge to protect civil liberties. Opposition leaders claim the reforms are a ploy to gain public support ahead of polls that must be called next year at the latest.

"We mark another step forward in Malaysia's development. The new National Harmony Act will balance the right of freedom of expression as enshrined in the constitution, while at the same time ensuring that all races and religions are protected," Najib said.

The government earlier this year revoked a draconian security law allowing detention without trial and eased public assembly rules in a massive overhaul of strict security laws. Critics said the reforms were a sham as the laws were replaced with legislation that is just as repressive.

"The replacement legislation has been as bad or worse from a rights perspective," said Phil Robertson, Asia deputy director for Human Rights Watch. "The government should realize that change for change's sake is not enough."

Lim Guan Eng, Chief Minister of opposition-ruled Penang state, said the sedition law has long been used as a convenient political tool to silence opposition voices. Lim himself was jailed for 18 months under the law in 1998 for allegedly making seditious remarks in his defense of a rape victim.

Lim urged Najib to withdraw current sedition charges against opposition leaders to prove his move is genuine.

Najib's coalition has led Malaysia since independence in 1957 but suffered its worst electoral performance ever in 2008. It now has slightly less than a two-thirds majority in Parliament and is working hard to claw back support.

Opposition leader Anwar Ibrahim has said he is confident his three-party alliance can win a comfortable majority in upcoming polls amid widespread public unhappiness over the government's handling of corruption and racial discrimination.

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Malaysia to repeal sedition law curbing free speech in latest reform ahead of general election

The acting chairman of the Kenya National Commission on Human Rights said his agency is committed to protecting the rights of all Kenyans.

But, Samuel Tororei said, while every Kenyan has the right to free speech, the exercise of such a right cannot be at the expense of other Kenyans.

His comments came as three Kenyan musicians await trial after being charged with hate speech under new laws adopted following the countrys post-election violence in 2008.

The National Cohesion and Integration Commission said the musicians songs were intended to cause hatred and hostility between the countrys Kikuyu and Luo ethnic groups.

Acting chairman Tororei said his commission awaits the courts ruling on the issue.

For the Kenya National Commission for Human Rights, our brief is to ensure that whatever actions we take are within the purview that allows the maximum enjoyment of human rights. But remember, that enjoying human rights entails on a citizen, whether private or corporate, the duty, the responsibility to respect other peoples rights, too. So, provided that that generally agrees we will just keep watch and see how the court handles the issue, he said.

Kenyas National Cohesion and Integration Commission said songs by musician Kamande wa Kioi, Muigai Wa Njoroge and John DeMathew promoted hate speech by belittling rivals of deputy prime minister Uhuru Kenyatta, whose ethnicity is Luo.

Tororei said the music would qualify as political expression protected by free speech only if the court determines it to be.

In the meantime, what the National Cohesion and Integration Commission is doing is to test that paradigm. Does it meet the threshold of hate speech or can it be construed to be just a political expression paid for and supported for a favorite candidate? Where is the boundary? Tororei said.

Widespread violence after the 2008 disputed presidential election killed an estimated 1,300 Kenyans and displaced about 300,000.

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Hate Speech Case Stirs Free Speech Debate in Kenya

By Barry Porter - 2012-07-12T07:51:47Z

Malaysian leader Najib Razak plans to repeal legislation that curbs free speech and has been used against opposition politicians, the latest colonial-era law to be scrapped or replaced before elections due by early next year.

The Sedition Act, enacted under British rule in 1948, will be replaced with legislation aimed at preventing incitement of religious or ethnic hatred, Najib said late yesterday.

Its encouraging, Ong Kian Ming, a political analyst at Kuala Lumpurs UCSI University, said by phone. Primarily, it has been used against opposition politicians. This is part of Najibs larger political transformation agenda. Hes trying to regain momentum.

Lim Guan Eng, leader of the opposition Democratic Action Party, was jailed under the act in the 1990s after criticizing the governments handling of rape allegations against a former chief minister. Karpal Singh, chairman of Lims party, is currently being tried under the law after threatening to sue the sultan of Malaysias Perak state.

The Sedition Act represents a bygone era in our country, Najib said in an e-mailed statement. The new National Harmony Act will balance the right of freedom of expression as enshrined in the constitution, while at the same time ensuring that all races and religions are protected.

This is the latest in a series of decades-old laws Najib has said hell change as he seeks to boost his partys popularity in the face of a resurgent opposition led by Anwar Ibrahim. His National Front coalition is fighting to hold onto power after five decades of unbroken rule, having won re- election in 2008 by its narrowest margin since independence.

The government earlier this year repealed the Internal Security Act, first introduced in the 1960s to combat communist insurgents, with new legislation curbing how long police can hold suspects without trial. Najib has also revamped media laws after promising to boost personal freedoms.

His changes to public assembly rules have proved more controversial with the introduction of a ban on street protests. About 50,000 people challenged this by holding an illegal demonstration in Kuala Lumpur in April to campaign for cleaner and fairer elections. Three opposition leaders, including Anwar, have since been charged under the new law after allegedly participating in the march.

Reform will only be fulfilled if the Malaysian government ensures the proposed National Harmony Act is consistent with international human rights standards, Phil Robertson, deputy Asia director at New York-based Human Rights Watch, said in an e-mailed statement. To date, Najibs law reform efforts have been mixed.

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Malaysia Plans to Repeal Free-Speech Law Before Next Elections