Using emergency powers could become habit, analysts warn

KUALA LUMPUR – The Covid-19 pandemic and political tumult roiling the nation are not yet at a level requiring such drastic measures as the use of emergency powers and suspending Parliament, said analysts.

Singapore Institute of International Affairs senior fellow Oh Ei Sun told The Vibes that under the federal constitution, a state of emergency can be called only when the country is facing armed conflict, domestic instability or an economic calamity.

However, he noted, it is unfortunate that the three scenarios can be “widely defined”.

“There must be clear and practical terms of reference as to when and how parliamentary democracy is to resume.

“I hope that he realises how serious this momentous decision is, the National Operations Council (NOC, in 1969) experience notwithstanding, as the suspension of parliamentary democracy could become habitual, as with the examples in numerous other developing nations.”

He named three dictators who had utilised emergency powers to stay at the helm – the late Iraqi president Saddam Hussein, Zimbabwe’s Robert Mugabe and former Philippine president Ferdinand Marcos.

Oh said dictators’ move to prolong a state of emergency to hold on to power should never be emulated.

Asked who would lead the country during an emergency, he said it would be the executive, without the need to refer to Parliament.

“Likely, (it will be) the prime minister and his allies, but during NOC, it was deputy prime minister Tun Abdul Razak Hussein, who sidelined (prime minister) Tunku (Abdul Rahman Putra Al-Haj). Parliamentary democracy will be suspended.

“There will be no Parliament, and it will be a rule by decree. The Agong remains head of state as always, but any orders or decrees issued directly by the prime minister or in the name of the king are law.”

On how long a state of emergency can last, Oh said in theory, Prime Minister Tan Sri Muhyiddin Yassin can make it go on in perpetuity by saying there are still emergency situations that the government needs to contain.

There are two laws governing the proclamation of an emergency in Malaysia: Article 150 of the federal constitution and the Emergency (Essential Powers) Act 1964.

Universiti Sains Malaysia political scientist Azmil Tayeb said should there be an emergency declaration, it would be a historical move as the government had only done it for the racial riots of May 13, 1969.

“That was the last time an emergency was declared, because of the racial riots, on the pretext of national security.

“(There is) no such pretext for our current situation, even in the time of a pandemic.”

Rapera Movement founder Jahaberdeen Mohamed Yunoos, meanwhile, said if an emergency is declared, it should be “an economic, political and health emergency”, and not “a national security type with curfews”.

He called on the Agong to “take cognisance of the political instability”, saying it ought to be addressed lest a state of emergency be used as a political tool.

“We need to focus on restoring (the country’s) health, economy and political stability, and I believe the rakyat looks up to the Agong to save Malaysia (using) his constitutional powers.” – The Vibes, October 23, 2020