The National Security Council (NSC) Act of Malaysia comes into effect today, 1st August 2016. This act has been hotly debated among members of the public and very heavily criticised by human rights organisations like the UN Human Rights Office for South-East Asia (OHCHR) and Amnesty International for restricting civil liberties. The Malaysian Bar Council, in a statement on their website, has described the Act as being ‘draconian’ and have expressed that the bill ‘concentrates vast executive powers’.

Also not satisfied is the Yang di-Pertuan Agong (YDPA). Generally, when a bill is proposed and debated in parliament, it is then sent to the Agong for royal approval before being gazetted. The approval, however, is merely symbolic. As provided in the Federal Constitution, a bill becomes law by default after 30 days of being submitted for royal assent, even if it was not royally approved.

It’s worth noting that the NSC Act did not receive royal approval and is probably the only piece of legislation in Malaysian history not to, according to the Malaysian Bar Council. Earlier this year, the Conference of Rulers voiced their opinion that certain provisions needed to be refined before the bill comes into effect. However, no amendments were made and the bill was gazetted anyway.

The Human Rights Watch has described the Act as a ‘tool for repression’, quoted The Straits Times. The Act essentially prescribes a considerable amount of power and control to the National Security Council (NSC), which is chaired by the Prime Minister, granting them authority over national security matters without outlining what ‘national security’ entails.

Here’s a quick look at major points in the Act:

• The NSC has power to control and coordinate government entities, which include agencies like Bank Negara and the Malaysian Anti-Corruption Commission, as well as security forces. The Cabinet is also subordinate to the NSC.
• Upon the advice of the council, the Prime Minister can declare an area as a security area, which lasts for up to six months. The declaration can be renewed an indefinite number of times.
• The Director of Operations, appointed by the council, can evacuate or resettle any persons from the security area. He/she can also impose a curfew, control movement of any vehicles, and deploy security forces to a security area as deemed necessary.
• Security forces are allowed to make arrests, search and seize properties, search persons, take control of properties and/or buildings, or destroy unoccupied buildings – all without a need for a warrant.
• Security forces are allowed to use ‘reasonable and necessary’ force to carry out their duties and are not subject to inquiries if someone dies by their hands or in their care, whether accidental or not.
• Everyone involved in the NSC are also protected from legal proceedings as the Act provides that no offence committed under this can be prosecuted unless with express permission from the Attorney General.
• All NSC affairs are to be conducted in absolute secrecy.

The powers prescribed by the act are presented as emergency powers, but with no need for a proclamation of emergency for these powers to be exercised. The Prime Minister, through the NSC, now holds significantly more executive power than before.

The Malaysian Bar Council notes that ‘the Government’s refusal to engage meaningfully with critics of the NSC Act and its disregard for constitutional safeguards are ominous’. To the Malaysian Bar Council, this screams authoritarianism.

You can read a copy of the Act here.

In light of the current political climate in the country, many people fear that the NSC Act could be a powerful tool for the government to silence dissenting voices or those calling for the Prime Minister’s resignation. In fact, it’s entirely possible that these powers might be put to use during the next Bersih rally. Many resident expats have also expressed concern at what they see as a shift to a more authoritarian form of government in Malaysia.

The Prime Minister, however, insists that his critics have ‘deliberately misinterpreted’ the NSC Act just to create fear in the public. As reported by The Straits Times on Friday, the Prime Minister reiterated that the Act was enacted to protect Malaysians and that his ‘government will never apologise for placing the safety and security of the Malaysian people first’.

For now, several civil societies have banded together and launched a campaign encouraging citizens to urge the government to repeal the Act either by lobbying their local Member of Parliament or voicing out their opinions online. The campaign, #TakNakDiktator, which translates to ‘don’t want a dictator’, is a joint effort by Amnesty International, BERSIH, National Human Rights Society, Lawyers for Liberty, Suara Rakyat Malaysia and several others.