7 things to know about the National Security Council Bill

The National Security Council Bill 2015 had been hurriedly passed in Parliament last week, amidst the protest by human rights groups and civil society.  Does this law matter to you at all?  We had a look at what experts had to say to see how this new law will affect you.

 

Power to one man

The National Security Council (NSC) is made up of many individuals, but if you read the fineprint, the members of the council only report to one person.  Based on information from the Malaysian Bar, the council consists of the Prime Minister, Deputy Prime Minister, Defence Minister, Home Affairs Minister, the Communication and Multimedia Minister, the Chief Secretary to the Government, the Inspector General of Police and the Chief of Defence Forces. 

These members report to the Prime Minister who acts as the chairman.  The council falls under the jurisdiction of the Prime Minister’s office, and therefore abides by the direction of the executive leader.  As it is not an independent body, rights groups are worried about abuse of power if only one person was to make decisions.
 

Vague definition

Under the new bill, the council is given the power and central authority for considering matters linked to national security. The Malaysian Bar points out that the term national security is not defined in the bill, again leads to questions of abuse and purposes of this new legislation.  According to NSC’s history on its website, the council was adapted from earlier decision-making bodies set up to manage security issues during the tense times of racial riots in 1969.

It acknowledged a role change in these modern times, stating that among its newest instructions was that it is responsible for managing current and upcoming security threats and challenges, including “non-traditional” challenges such as threats to human rights, climate change, economic threats and cross-border crimes. 

 

More control

The Malaysian Bar also points out that with the new law, the council will have power to “control” and “issue directives” to “any ministry, department, office, agency, authority, commission, committee, board or council of the Federal Government, or of any of the State Governments, established under any written law or otherwise” on operations or matters concerning national security. 

This means that institutions like the Securities Commission, Bank Negara Malaysia or even state government agencies such as your local councils will defer to the NSC because of its overriding powers. 

Your Member of Parliament or wakil rakyat will have little clout to help you if he or she is dealing with decisions from the NSC.
 

Any area can be a threat to national security

Under this new law, your local hipster cafe, mamak or even private condominium can be declared a security area, if the NSC deems it a risk to national security. 

A definition that broadly covers areas where public rallies, such as the Bersih demonstration or the Red Shirt rally, are held, or areas of business (pasar malam, offices).  These area can be categorised as a security area once the council views security in that location to be threatened by one person, matter or ‘thing’.  (Yes, it is that vague). 

Once perceived as a risk the the council gives the power to the Prime Minister to issue executive orders.  
 

Your movements can be limited

Once an area is defined as a security area, police or military forces can be sent there to address security risks and, more importantly, authorities can impose a curfew.  It means that you lose your freedom to move around, because you will only be allowed to move around in that particular area during specific time periods. 

This decision lies wholely with the council, with the Prime Minister having the power maintain a location as a security area six months at any one time. 

The Malaysian Bar points out that the Prime Minister is allowed to do this, unlimitedly, which could mean that a place could be under watch by security forces for a long, long time.
 

Being frisked freely without warning

What you should know too is that now under the new law, it gives the right to the police to stop you and search you without warrant and arrest you under reasonable suspicion that you’ve committed an offence. They have the right to do this in your own home or office, or even in your car, all this within a defined security area. 

Not only can they search you without consent, they can take possession of any building, land or movable property if they deem these premise or areas as security risks.

 

Overruling the King

The elements under the new NSC bill looks similar to powers given to authorities should Malaysia declare a state of emergency, this provision provided for under Article 150 of the Federal Constitution, where only the Yang di-Pertuan Agong can declare a state of emergency. 

But the new NSC law overrides the powers of the King in matters of issuing curfews and security measures, leaving most if not all of the decision-making to just one person, the chairman of the council – the Prime Minister.

 



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