Civil society groups: How laws are made should be reformed


PETALING JAYA: Using online platforms to engage Malaysians are among reforms suggested by civil society organisations (CSOs) and human rights advocates to improve how the country's laws are made.

In an open letter to Datuk Seri Anwar Ibrahim, the groups urged the Prime Minister to speed up the process of identifying legislation for amendments and creating a new one.

They pointed out using online platforms would allow nationwide engagements where stakeholders and the public can be included in the discussions.

“We could take a leaf from the process of Taiwan’s digital democracy which has broad citizen participation and is fast and fair.

“The government there 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 it into policymaking,” they noted in the letter dated Wednesday (Jan 3).

They said the government needs to have an ongoing, transparent and comprehensive feedback mechanism with an all-of-society approach to garner input for any proposed legislation or amendments to legislation.

At the same time, the groups urged Putrajaya to follow the United Nations standard of open calls for Expressions of Interest (EOIs) to CSOs, advocates and the general public to become members of any working groups or task forces to draft legislation or amendments.

“It is critical that any working group or special project team established by the government to amend existing legislation or draft new legislation include a broad base of persons that include persons with lived experience, key advocates, including those with critical views, relevant CSOs, and the legal fraternity.

“During the entire process of drafting legislation, it should be made accessible online to the public.

“Such an approach enhances societal maturity, offers ownership and enables wide voter support of any legislation, policies and implementing rules and regulations that are adopted.”

Additionally, the groups said the Attorney General’s Chamber (AGC) must not be the sole and final arbiter of any legislation drafted.

While they appreciate the AGC’s important role, the groups said the agency must also respect the work of those entrusted with drafting the legislation by recognising the need to revise the laws to be in line with the aspirations of international conventions which Malaysia has ratified.

“The final bill, when tabled in Parliament, should be made available to Members of Parliament at least two weeks prior to it being discussed to enable time for them to digest the contents and have consultation with others.

“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 involve children and young people every step of the way, including in the legal reform process. The same applies to women and the disabled.

“We appeal to you as our Prime Minister to actualise law reform in Malaysia. As we aspire to create a society of respect and trust, it must start with the government and the civil service respecting and trusting the people,” the statement added.

Among the signatories of the open letter are groups and representatives from the National Early Childhood Intervention Council, The OKU Rights Matter Project, Suhakam, Women’s Aid Organisation, Vanguards4Change, Sisters in Islam and Association of Women Lawyers.

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