Fadiah
They have used this archaic and draconian Sedition Act, even though the Prime Minister, the government has said before that they would repeal this act, because it's no longer relevant in the modern setting, but unfortunately, it's not repealed and they continue to use this draconian act to stifle dissent.
Sen Lam interviews Fadiah Nadwa at Radio Australia
Malaysian authorities have arrested a high-profile Opposition politician and three others under the country's controversial Sedition Act.
Malaysian prime minister Najib Razak pledged last year to strengthen civil liberties, including possibly repealing the Sedition Act.
The law has been described as oppressive by critics, who say it's been invoked often in the past to silence dissent.
Human rights lawyer Fadiah Nadwa is representing one of the four men detained. She spoke to me from Kuala Lumpur.
Presenter: Sen Lam
Speaker: Fadiah Nadwa, lawyer representing student activist Adam Adli, one of four Malaysians charged with sedition
FADIAH: The four people are Tian Chua, the vice president of (opposition) Parti Keadilan Rakyat. The second person is Thamrin Ghafar, he's a PAS member (Parti Islam SeMalaysia), the Islamic party, PAS, and the third person is Haris Ibrahim, he's the chief of this movement called 'Anything But UMNO'. And the fourth person is Adam Adli and Adam has been charged this morning, and he has been released on bail. These four people are now in the Jinjang remand centre.
LAM: You represent Adam Adli, who was detained five days ago, but he's out on bail, is that right?
FADIAH: Yes, correct. Basically, they're just punishing him for speaking his mind and they have used this archaic and draconian Sedition Act, even though the Prime Minister, the government has said before that they would repeal this act, because it's no longer relevant in the modern setting, but unfortunately, it's not repealed and they continue to use this draconian act to stifle dissent. So Adam Adli has been detained for five days, after being arrested last Saturday - they (police) applied for a remand order from the magistrate, and the magistrate granted five-day remand against Adam Adli, and he was subjected to continuous interrogation even though he kept telling the police that they could have just referred to the video that contains his speech. They (the police) are just trying to send a message to the Malaysian people, Do not say something that's not favourable to the government, or else you'll be arrested and detained under the Sedition Act.
LAM: And Fadiah, can you tell us what is it exactly that Adam Adli had allegedly said that was considered so seditious?
FADIAH: Adam Adli basically called for the Malaysian people to go to the streets to protest against the fraud committed during the (May 5th) elections.
LAM: Tian Chua is of course the high-profile spokesman and also VP of the opposition Parti Keadilan. The opposition of course has been holding meetings about alleged electoral fraud - do you think Tian Chua's arrest might fuel emotions that're already running in Opposition ranks?
FADIAH: Yes, I believe so, because I think right now, after the elections, the government is obviously very insecure with how the Malaysian public is reacting to the allegations of fraud in the elections and how the Malaysian people are assembling to protest against the recent arrest of Adam Adli. The government is using the power that they have to tell the Malaysian public that they will do anything they can to stop the Malaysian public from expressing themselves, from protesting, from participating in peaceful assemblies and so on.
LAM: Prime Minister Najib prior to this month's elections, had vowed to strengthen civil liberties, including the possibility of getting rid of the Sedition Act. Do you think he's having second thoughts now?
FADIAH: I believe so, I think for political survival, the government knows that by having this (Sedition) Act, they can try to instil fear, because it's been used for so long. The Sedition Act is the legacy of the British and it has been used to stifle dissent. It's very, very clear that people who get arrested under the Sedition Act are people who're very vocal and critical of the government. So, this is a very powerful tool that is being used by the government, to stifle dissent, because the Sedition Act is very broad and wide. It can cover everything, and that's why it's being abused by the government, to stop people from speaking out.
LAM: One of the reasons the government had given for the need for the Sedition Act, was that it was relevant to multi-racial Malaysia, and there is a great need to keep racial harmony. You don't think the Sedition Act has a role or a place in Malaysian society?
FADIAH: No, I don't think that the Sedition Act is relevant. We can clearly compare this to the seditious statements issued by some people who're calling for racial hatred, racial violence, for example, recently. But no one was subjected to this Act. But when it comes to the Opposition, when it comes to the activists, the authorities are very fast to take action under the Sedition Act. So you can selective prosecution, and also how the government is not really serious in trying to build harmony and trying to deter racial hatred and also racial violence. So if they're very, very serious, they should repeal this Act and they should come up with new legislation that can deal with hate speech, for example, that can deal with racial violence, racial discrimination, in line with the international standard, International Covenant on the Elimination of Racial Discrimination, in order to ensure that everyone has the civil and political rights.
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