“THE Constitution is a democratic achievement of the highest order… certain fundamental liberties are essential to the dignity and self-respect of man.”
These words declared in 1959 remain pertinent today as the euphoria of our nation’s fourteenth general election dissipates, and it becomes clear that the government needs to be kept to account. Civil society, as a now permanent feature of Malaysian public life, has an important role to play in working with, and helping to strengthen, our national institutions as they seek to conduct their constitutional role.
The Institute for Democracy and Economic Affairs (IDEAS) was established to promote and defend the values that informed Merdeka, were embedded in the Federal Constitution and were pursued by our founding fathers: the rule of law, individual liberty and responsibility, government that respects limits to its power, and free markets and an open economy.
A country guided by these values seeks to maximise the ability of citizens to live their lives without undue harassment from others, as compared to an authoritarian society in which all people are less free.
How is Malaysia performing in these aspects today?
In terms of rule of law, the government has promised to separate the roles of the attorney general as public prosecutor and legal advisor to the government, although understandably much attention is now on the charges against alleged kleptocrats. We have a new Chief Justice and new members of the Judicial Appointments Commission, but time will tell how this impacts the health of our country’s rule of law.
In terms of individual liberty, much remains to be done. The attempt to repeal the Anti-Fake News Act met with resistance in the Dewan Negara, while other oppressive legislation remains. And while there seems to be less fear in the publication of news unfavourable to the government, we are still are lamentable 145th out of 180 countries in the World Press Freedom Index.
There are continued civil liberties concerns surrounding the investigation of bloggers, the censorship of exhibitions, the arrest of student protestors, and the public caning of women. Long-standing issues such as the rights of Orang Asli, the practice of child marriages and the treatment of stateless and refugee children, have not yet received sufficient remedies.
In terms of ensuring a government that operates within limits, the strengthening of check and balance institutions is more promising. Parliament now has an independent and respected Speaker, and further reform such as increasing allowances for opposition members and the creation of select committees will strengthen its ability to check the government. Other possible reforms could include changes to how parties select candidates, and the electoral system more widely, beyond the laudable lowering of the voting age to 18.
Executive control over the police, and abuse by the police, will hopefully be curtailed by the recently-announced Independent Police Complaints and Misconduct Commission.
And although impressive advisors have been appointed, some appointments seem unwise, especially when ministers are seen to become officeholders of organisations that are subordinated to their ministries, which may create a dangerous precedent. The question of any continued roles, if any, of members of the Council of Eminent Persons also lingers.
While many ministries and agencies have been reorganised, a big indicator of efficiency will be the budget.
Another aspect is whether – amidst greater federalism – states will be given meaningful powers that can constrain the federal government.
In terms of free markets, the messages are mixed: take the ending of the rice monopoly on the one hand, and the proposal for a new national car company on the other.
Spending and planning in public policy areas such as housing, transport, education and health all provide opportunities for the government to show either more interventionist or more market-led approaches.
In terms of GLCs and GLICs, a major rethink does not seem to be on the cards, though responsibilities have been transferred. Many new board appointments have been made, but it is too early to assess their performance.
The role of regulators will be crucial in determining the climate in which they and the private sector operate, and so will the rate and applicability of taxes. On trade and foreign investment, while there seems to be a well regarded shift on China, the position on trade deals such as CPTPP seem less clear.
I began with a quote from our first Yang di-PertuanAgong stressing his profound belief in our democracy. It is when all of our institutions and citizens come together with a common confidence in our Constitution that our potential can be unlocked.
While the New Malaysia inspires new approaches, old – or rather, timeless – values should be central to their formulation.
Adapted from the writer’s speech at IDEAS’ Third Liberalism Conference on September 22.