NSC – its scope of authority is too broad.

suppadmin | January 6, 2016

The National Security Council (NSC) was initially established in July 7 1971 for the purpose of preventing racial riots such as the May 13, 1969 . This Proclamation of Emergency was declared by the Yang di-Pertuan Agong on May 15, 1969 with the advice by the Prime Minister under the Article 150 of the Federal Constitution , said Secretary General of Sarawak United Peoples’ Party (SUPP) Dato’ Sebastian Ting.

Ting said now that the National Security Council (NSC) Bill 2015 was drafted to extend the power of NSC to deal with the national security issues without invoking the Article 150 – Emergency Power in the Federal Constitution. The extended power allows the NSC to declare an area as “Security Area” and within that area, people can be arrested without warrant, imposing curfew, control people’s movement, entering private property without warrant, which no action or lawsuit can be brought against the NSC and many other powers.

Despite the passing of the Bill by both Houses of Parliament, Sarawak United Peoples’ Party (SUPP) strongly advocates that substantial amendments are needed mainly because the NSC Bill’s scope of authority is too broad.

SUPP suggests that the amendments/recommendations to include:

a) Amend Clause 6 of the NSC Bill 2015 to include the Chief Minister of Sabah and of Sarawak (or State Representative) to be included among the 8 permanent members of the proposed National Security Council

b) Amend Part IV, Clause 18 of the NSC Bill 2015 so that the Prime Minister’s role will be replaced by the Yang di-Pertuan Agong in declaring “Security Area”, acting on the advice of the NSC

c) Amend Clauses 15 and 20 of the NSC Bill 2015 so in the event that a “Security Area” is identified in Sabah or Sarawak, the Director General of the National Security and the Director of Operations administering the “Security Area” has to be a Sabahan or Sarawakian from the respective States for the whole duration of the specific emergency

d) Amend the definition of “Government Entities” in Clause 2 “Interpretation” and Clause 5 of the NSC Bill 2015 so the powers of the NSC do not include any State Government’s Ministry, department, office, agency, authority, commission, committee, board or council because State matters must continue to remain under the control of the Sabah and Sarawak as was agreed during the Formation of Malaysia

e) Amend the NSC Bill 2015 so that it will not contravene the Article 9 “Prohibition of banishment and freedom of movement” and Article 13 “Rights to property” of the Federal Constitution that protects the fundamental liberties of any person, the freedom of movement and rights to property because this case is different from the State of Emergency (Article 150)

f) The Clause 4 of the NSC Bill 2015 on “National Security” need to be specifically defined because if otherwise, it has too broad in meaning

Nevertheless, with or without the amendments suggested above, SUPP is of the opinion that the National Security Council (NSC) Bill 2015 is NOT ENFORCEABLE in Sarawak because the Central Government (Federal Government) has not obtained prior consent or any consent from the Sarawak State Government. As reported in the Sarawak Tribune dated 16th December 2015, titled ”SUPP: Address discrepancies in Federal Constitution”, one must bear in mind that Malaysia is a Federation of Nations based on the Malaysia Agreement 1963 (MA63) and the Inter-Governmental Committee (IGC) Report in 1962. They are International Treaties between four signatory Governments and registered with the United Nations that cannot be amended by the Malaysian Parliament.

The Dewan Undangan Negeri Sarawak has on the 8th December 2015 unanimously resolved to revisit all the key Federal laws that contradicted the safeguards and covenants in the IGC and the MA63 provided for Sabah and Sarawak, and to find ways to reconcile these aberrations in our legislation and laws. In doing so, we hope the Malayans would have the correct understanding that the time has come for Sabah and Sarawak to claim what are rightfully theirs, nothing more, nothing less. Perhaps the details of the current NSC Bill can be a good test case for Sabah and Sarawak to review the documents in the light of our entrenched safeguards and State Rights. We urge for the Federal Government to hold back the Bill till the process of reconciliation with the MA63 and the IGC is done.

The Minister in the Prime Minister Department a few days ago commented that the NSC members were selected based on expertise on security and not in the spirit of including state representatives. SUPP suggests to include the Chief Minister of Sabah and of Sarawak to be among the permanent members of NSC. Who would know and understand Sarawak better than the Chief Minister himself. He should be there not for the sake of “spirit” as the Minister suggested but it is for the Malaya to start recognizing the status of Sabah and Sarawak as Equal Partners to Malaya in the Federation of Malaysia. As equal partners means that Sabah and Sarawak participations and inputs on national security issues are equally as important as Malaya. Not forgetting that this national security requires huge funds from the National Budget and every time when more funds are allocated to this Council, there will be fewer funds for education, transportation, etc or even for developments which Sabah and Sarawak badly needed now. It is now the right time that Sabah and Sarawak MUST be consulted and have a say on how the funds are to be used.

SUPP also hopes that this NSC Bill 2015 is not for the purpose of subduing movements such as “Sarawak for Sarawakians” and others which are mainly asking for the return of the State Rights as agreed during the Formation of Malaysia. It is utmost important for the Federal Government to find out the root causes of these challenging issues and unhappiness and take appropriate and urgent steps to resolve the issues and unhappiness.

In conclusion, we would like to suggest that in the long run and for the Nation Building, the Federal Government and all Federal Ministries should be prepared to change their mindset and start to recognise Sabah and Sarawak as equal Partners as agreed during the Formation of Malaysia and not one of the 12th and 13th States of Malaysia.