Malaysia was hailed as the model of democracy for the whole world after the bloodless transition of the government on 9th of May 2018. We all genuinely felt the pride in our hearts that we could be an example to other nations.
Since then the rakyat had witnessed that mass defections of ex-UMNO reps into Bersatu. They now outnumber the original Bersatu MPs by 14 to 12 taking into account of Sabah reps. Few days ago Ambiga Sreenevasan stated that Bersatu is looking more and more UMNO 2.0.
Ambiga is widely respected as the previous president of Bar Council and as an activist for a better Malaysia and social justice. Above all, she was the leader of the Bersih movement that had put clean and fair elections above all else for our country’s democracy.
The aim of Bersih was to let people have their rightful says in choosing the country’s leaders and the path forward. Democracy will be upheld and people’s mandate will be respected and final. Even if the election was won by 50.1%.
Unfortunately, the abolishment of death sentence had shown that the most outspoken democracy fighters can be overtaken by emotional passionate issues. Ambiga also stated the same day that death sentence must go. Lawyers for Liberty N Surendan, Latheefa Koya and Eric Paulson had all spoken out to condemn those campaigned to keep the death sentence as “disgusting” and “heartless”.
From the government side, Minister in the Prime Minister’s Department Liew Vui Keong had said the PH lawmakers who voted against the bill to abolish death sentence will have to resign or be punished. He also decided against the call for a referendum on the bill by 85% of netizens of a Facebook poll.
According to the survey done by New Straits Times Online, Berita Harian Online and Harian Metro, 82% of the netizens are against the total abolishment of the death sentence. If the above social activists insist on pushing ahead to abolish death sentence altogether, can they continue to claim that they are fighting for democracy? Which democracy in the world enact laws based on the opinion of 18% of the population? Wouldn’t these countries be labelled as elitist and undemocratic?
Secondly, the members of Parliament were elected to represent the people of their constituencies, and to bring their voices to the noble House of Parliament. They were not elected as the representatives of the government to force the executive orders down the throats of the people. If their constituencies are against the bill, should they fulfill their given mandate to vote against the bill? Or should they dismiss the responsibilities entrusted on them and support the bill?
Of course the Members of Parliament are supposed to debate about the bill in the Parliament. Heated emotional exchanges will be expected. The whole country, and families of both those on the death rolls and the victims will be following every words spoken. Then the lawmakers from both sides of the divide will need to take into account the views of the people, the pros and cons of the bill, finally apply their individual wisdom to cast the votes. That will be a REAL democracy.
However, if it was already decided before the sitting of the Parliament that ALL PH lawmakers are to support the bill, or face punishments if do not resign, this is no new democracy for the new Malaysia. This is the same autocratic regime of a rubber stamp parliament.
The Law Minister V. K. Liew should not issue warnings against the lawmakers elected by the people, of the people, for the people. He should find out why not more than 18% of the people support the bill and work out the best way forwards. The activists should also understand every individuals are entitled to their opinions and cannot resort to name callings to shame the ordinary public. Democracy is only democracy when all opinions are respected and decision taken with majority support.
So in summary, there is no definite right or wrong in abolishing the death sentence. It is best that the government really listened to the people as a whole, not going through the motions of meeting a few families. If there is real democracy of the people, we know 82% are against abolishing the death sentence and their views should be respected and not brushed aside. Considerations should be taken to hold a referendum. The new Malaysia lawmakers should be required to really represent the voice of the people in debating and voting on the bill, and not to go against their wishes. We should amend the process by first abolishing mandatory death sentence and leave it to the discretion of the judges.