Chapter 1 – Report of the Policy, Law and Complaints Group or critical of the Government. This goes against the spirit of Article 19(2) of the ICCPR. The Article indicates that not only does a person have a right to hold opinions,32 at the same time he has the right to freedom of expression as well as to seek, receive and impart information orally, in writing, or using any media of his choice.33 While the Commission comprehends the delicate balance between freedom and security, and recognises that the exercise of freedom of expression may be subject to strict restrictions prescribed by law, such restrictions must be balanced, proportionate, unambiguous and just; and more importantly it should comply with international norms on the right to freedom of expression and speech. In any event, the Commission maintains and reiterates its call on the Government to repeal the Sedition Act. (c) National Security Council Act 2015 The enactment of the National Security Council Act 2015 (NSCA) was done with the aim of establishing a National Security Council (Majlis Keselamatan Negara or MKN) with powers to control, coordinate, and issue directives to Government entities on matters concerning national security, with the objective of preserving the sovereignty of Malaysia and steering the nation away from complex threats of terrorism, violence, and cross border crimes that will see the fall of Malaysia’s democracy, economy, and unity. The Commission stresses its concern regarding the hasty tabling of the Bill in Dewan Rakyat on 3 December without proper consultations with the Parliamentary Joint and/or Select Committee in a non-partisan manner, or the Commission, before being passed.34 The Commission is also extremely concerned that various provisions of the Act are couched in general terms with hardly any clear definitions or safeguards to guide the declaration of a security area or the implementation of the Bill, when enforced. The Commission observes several salient features of the Act, which are as follows: (i) There are no provisions for a periodic review of the Act, nor a sunset clause mandating legislators or Parliament to debate on the need to modify or discontinue the Act; (ii) The term “security” is not defined and the declaration of a security area under Section 18 32 Article 19(1) Everyone shall have the right to hold opinions without interference. 33 Article 19(2) Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. 34 SUHAKAM Press Statement: The Effects of the National Security Council Bill 2015 On Malaysia’s Legal Landscape Will Be Radical. 9 December 2015. 67 BOOK-ANR2016-01-latest.indb 67 08/04/2016 3:32 PM

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