Key Issues open trial with legal representation. While a tough stand is justified against legitimate threats to public safety and national security, this should not undermine fundamental human rights principles. (b) Proposed Repeal of the Sedition Act 1948 and Enactment of the National Harmony Act The Commission welcomes the proposed repeal of the Sedition Act 1948 – one of the many laws it has long urged the Government to repeal – and hopes this will bring in greater enjoyment of the basic human right to freedom of speech as guaranteed by the Federal Constitution and as enshrined in Article 19 of the UDHR. The Commission further welcomes the proposed National Harmony Act and notes its intention to provide a balance between guaranteeing the freedom of speech and handling the complexity of plurality in Malaysian society. It suggests that the Act be drafted in a transparent manner, in consultation with all stakeholders including the Commission, to ensure compliance with human rights principles. (c) Annulment of Proclamations of Emergency The Commission lauds the annulment of the three remaining proclamations of Emergency issued in 1966, 1969 and 1977 respectively. This also had the effect of ending related laws, such as the Emergency (Essential Powers) Ordinance 1969 and Emergency (Public Order and Prevention of Crime) Ordinance 1969, all of which had violated basic human rights principles by allowing for detention without trial. Although several detainees were subsequently released, others will have to wait until the period stated in their detention order expires. The Commission calls for the detainees to be accorded their right to an open trial with legal representation. (d) Death Penalty The Commission reiterates its call for the abolition of the death penalty and reaffirms its stance that such punishment is considered to be cruel, inhuman and degrading. The Commission welcomes the proposal to review and ultimately abolish the mandatory death penalty for drug offences and to allow the court the discretion to determine punishment based on the gravity of the offence. The Commission has consistently called upon the Government to impose a moratorium on the death penalty or commute this form of punishment to life imprisonment especially for those who have been on death row for more than five years. In addition, the Commission calls upon the Government to consider adopting the International Standard Minimum Rules for Treatment of Prisoners, to ensure the well-being of prisoners, including those on death row. The Commission will continue to support the Government in efforts to realise full compliance with international human rights principles and norms, specifically the UDHR. The Commission expresses its readiness to be involved in consultations in relation to legislative reform pertaining to the abolition of the death penalty. 14