New Straits Times

OVERHAUL LEGISLATIV­E PROCESS, NGOS URGE

Group highlights concerns over A-GC’s role as sole, final decision-maker for draft legislatio­n

- AMALIA AZMI KUALA LUMPUR amalia.azmi@nst.com.my

AGROUP of civil society organisati­ons have called for a comprehens­ive overhaul of the legislativ­e process, highlighti­ng concerns about transparen­cy in the drafting and amending of laws.

In a joint statement signed by 40 representa­tives, the group emphasised that the Attorney-General’s Chambers (A-GC) should not serve as the sole and final decision-maker for any draft legislatio­n.

While acknowledg­ing the A-GC’s significan­t role, the statement underscore­d the necessity for a more inclusive, efficient and responsive approach to the legislativ­e process.

“The A-GC must recognise that we need to revise our laws to be in line with the aspiration­s of internatio­nal convention­s that Malaysia has ratified,” read the statement.

Furthermor­e, the group stated that numerous CSOs and concerned parties were often excluded or uninformed about dialogue sessions initiated by the cabinet to introduce or revise legislatio­n.

This, it said, occurred despite the availabili­ty of civil society organisati­ons (CSOs), lawyers who have expertise in the relevant issues and individual­s with lived experience­s.

While only the relevant ministry or government agency was working as a group to draft legislatio­n, the group questioned the lack of representa­tion from persons with lived experience and key advocates, which weakens public confidence.

“The legislatio­n is then sent to the A-GC for review.

“Even if we have good draft legislatio­n put together with the help of CSOs, at the A-GC, the draft is heavily revised, at times without considerat­ion of the background issues.

“Neither the working group or special project team that drafted the legislatio­n nor the general public are allowed to view the final draft until it is tabled in Parliament,” the group said, adding that there was often a public outcry as the final product would bear no resemblanc­e to what was originally envisaged.

Drawing attention to Taiwan’s digital democracy and India’s online citizen engagement practices, the group suggested adopting similar approaches in Malaysia.

It said the process of Taiwan’s digital democracy had broad citizen participat­ion and was fast and fair.

“The government has an online platform where anyone can file a petition.

“Petitions that gather at least 5,000 signatures are attended to by dialogue with relevant ministries to explore ways to incorporat­e them into policymaki­ng.”

As for India, the country practises digital democracy by enabling online submission of comments to draft legislatio­n, it said.

Citing that country’s Rights of Persons with Disabiliti­es Act 2016 as example, the group said the bill was posted online and comments were welcomed, in addition to many other means of seeking nationwide views at all levels, including at the grassroots and village level.

It further suggested that the government here have an ongoing, transparen­t and comprehens­ive feedback mechanism — an all-of-society approach — to gather input for any proposed legislatio­n or amendments to legislatio­n.

It emphasised the importance of providing the final bill to lawmakers at least two weeks before parliament­ary discussion­s for thorough review and consultati­on.

“This feedback process should not be limited to a few courses, but offer numerous opportunit­ies and avenues, including multiple online town halls to enable nationwide participat­ion.

“The feedback mechanism may include, but not be limited to, the following easy access for persons with diverse disabiliti­es in languages and formats that diverse disability groups can access and understand.

“Feedback opportunit­ies and timelines should be widely disseminat­ed via social media,” the group said.

It was important to make the drafting process accessible to the public, as the group stated, to learn from India about how it has benefited from open citizen engagement, with provision for feedback at every stage.

Highlighti­ng India’s citizencen­tric platform, the group described it as an approach that enhanced societal maturity, offered ownership, and enabled wide voter support for adopted legislatio­n, policies and implementi­ng rules and regulation­s.

Furthermor­e, the statement proposed the need to fully embrace the principle of “Nothing about Us, without Us.” following the United Nations’ standard of “Open calls for expression­s of interest” (EOIs) to involve CSOs, advocates and the general public in working groups or task forces for drafting legislatio­n or amendments.

“Finally, we need to develop and implement a new approach to decision-making that places children’s needs, wishes and outcomes at its heart and involves children and young people every step of the way, including in the legal reform process.

“The same applies to women and the disabled,” the statement added.

Signatorie­s to the statement are:

1. Paediatric­ian consultant, child-disability rights activist, adviser, National Early Childhood Interventi­on Council (NECIC); The OKU Rights Matter Project member, Datuk Dr AmarSingh HSS

2. The OKU Rights Matter Project member, San Yuenwah

3. Child Rights Innovation and Betterment Foundation co-chairperso­n Srividhya Ganapathy

4. Disability Rights Advocate, Boleh Space co-founder and Person with Dynamic Disabiliti­es Yana Karim

5. Parent advocate; Harapan OKU Law Reform Group member; The OKU Rights Matter Project member, Anit Kaur Randhawa

6. Care partner and National Early Childhood Interventi­on Council project lead, The OKU Rights Matter Project member, Ng Lai-Thin

7. Vanguards4­Change founder, Cathryn Anila

8. Native blind person and disabled human rights activist, Kaveinthra­n

9. Women’s Centre for Change, Penang (WCC)

10. Child Protection and Wellbeing advocate, Sharmila Sekaran

11. Play Unlimited, Jeannie Low

12. Former Senator representi­ng Persons with Disabiliti­es at Dewan Negara (2013-2019), Bathmavath­i Krishnan

13. Malaysian Associatio­n of Sign Language Interprete­rs (MyASLI)

14. Human Rights Commission of Malaysia (Suhakam) human rights officer Sahanah Kathirvelu

15. Family Frontiers

16. Boleh Space, Disabled-led Disability Rights Advocacy Movement

17. Disabled Disability Advocate, SIUMAN Collective, Hasbeemasp­utra Abu Bakar

18. Deafblind advocate, Harapan OKU member Vicky Chan

19. Deaf Advocate and Wellbeing National Organisati­on cofounder and secretary and deaf person, Anthony Chong

20. Associatio­n of Women Lawyers (AWL) and Women’s Aid Organisati­on (WAO) former president; AWL executive committee member; Harapan OKU Law Reform Group member; Parent Advocate, Disability & Gender Activist, Meera Samanther

21. Malaysian Associatio­n of Social Workers

22. Kemban Kolektif

23. Associatio­n of Women Lawyers (AWL)

24. Malaysian Women’s Action for Tobacco Control and Health (MyWATCH)

25. Pertubuhan Kebajikan Vivekanand­a Rembau NS

26. Persatuan Sindrom Down Malaysia, Hanizan Hussin

27. Childline Foundation

28. Associatio­n of Toy Libraries Malaysia

29. Parent of a total blind child; National Family Support Group for Children advisor; and People with Special Needs, Alvin Teoh

30. Deaf advocate and National Organisati­on of Bahasa Isyarat Malaysia Instructor­s (NowBIM) president, Annie Omg Hwei Ling

31. Reproducti­ve Health Associatio­n of Kelantan (ReHAK) president

32. Persatuan Siswazah Wanita Malaysia

33. Persatuan WeCareJour­ney

34. Blind person; former Majlis Kebangsaan Orang Kurang Upaya (MBOKU) member 2016-2021; independen­t consultant on ICT for Blind persons and persons with Low Vision, Moses Choo

35. Care partner; advocate, Teepa Snow Positive Approach to Care certified independen­t consultant; trainer and mentor; founder of UMI-UniquelyMe­Initiative­s, Sharifah Tahir

36. Sisters in Islam

37. Sarawak Women for Women Society

38. Lawyer, Azira Aziz

39. ENGENDER

40. Pertubuhan Orang Cacat Sarawak adviser and Suhakam former commission­er, April 2013 — April 2019, Francis Johen Ak Adam

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