The Silence Of Sarawak’s Shepherds - Malaysia Emergency 2021
As we are all aware of, a state of Emergency was declared on the 12th Jan 2021. The Emergency will last until the 1st August 2021 or to an earlier date if the Emergency is lifted before the date mentioned.
This is the 7th emergency that Malaysia had undergone since the nation was borned on the 16th Sept 1963. Prior to the emergence of the nation there were 2 other Emergencies in Malaya, in 1948 and in 1964.
The reasons given by the prime minister for the 2021 Emergency were the threats to Malaysia’s economy due to the Covid-19 pandemic and to the disastrous floods in Johor,Pahang and Kelantan. He said the government required “certain powers” to bring the situation under control so as not to paralyse health services.
At the time of writing the Association Of Private Hospitals Malaysia has agreed to treat COVID.19 patients at their facilities.
https://www.malaysiakini.com/news/559142
The announcement of the Emergency was welcomed by 2nd tier leaders of the Gabungan Parti Sarawak (GPS) government of Sarawak and GPS members of parliament. Former senator Doris Brodie who is the Ketua Wanita of PRS said the Emergency is a blessing in disguise. Strangely she also said that Sarawak should have been exempted from the Emergency. The contradiction was not missed by Sarawakians.
"Former senator Doris Brodie who is the Ketua Wanita of PRS said the Emergency is a blessing in disguise"
https://www.newsarawaktribune.com.my/sarawak-should-have-been-excluded-prs/
Conspicuously missing from the accolades givers were the presidents of the components parties of the GPS coalition. Why the elegant silence from Datuk Patinggi Abang Johari of PBB, Tan Sri Datuk Amar Dr. James Masing of PRS, Dato Sri Dr. Sim Khui Hian of SUPP and Dato Sri Tiong King Sing of PDP? Did they not agree with the Emergency 2021 but cannot bring themselves to oppose it or they did they agree with the Emergency despite Sarawak’s bad experiences with 2 Emergencies in the past?
Abang Johari had simply said if conditions improved, the Yang DiPertuan Agung can exempt Sarawak and Sarawak can go ahead and have its PRN. ‘Improved’ was not defined here.
https://www.bernama.com/en/news.php?id=1922006
There was an assurance given by PM Muhyiddin that the Emergency will not entail curfew. A curfew, in the ordinary sense of the word is an order specifying a time during which people must stay indoor. It is essentially a movement control order (MCO). Another aspect of this Emergency which has become a cause for worry is that recent statement made by Science, Technology and Innovation Minister Khairy Jamaluddin. He said most Malaysians will not get the Covid-19 vaccine until the third quarter of the year or even later.
https://www.thestar.com.my/news/nation/2021/01/15/kj-vaccinations-in-third-quarter
The implication here is that since this Emergency is intended to control and contain the COVID-19 in Malaysia this Emergency may extend up to the end of 2021.
On the 13th Jan 2021 a movement control order (MCO) went into effect in several states. Essentially the Emergency was an MCO within an MCO. But these are not the points which this article wants to speak about although what Doris Brodie said about this 2021 being a blessing in disguise did trigger it. At the heart of the article is possible negative ramifications that Emergency 2021 may have for Sarawak. This becomes an issue because of Sarawak’s experiences with two previous Emergency : The 1966 Sarawak Crisis Emergency and the 1969 racial riots Emergency. The later was only lifted in 2011.
It was during the 1966 Sarawak Crisis Emergency that Stephen Kalong Ningkan, the 1st Dayak Chief Minister was removed from office via a vote of no confidence. It was speculated that Stephen Kalong Ningkan had wanted all Dayak native customary land to be surveyed under Sect 18 of the Sarawak Land Code and be issued individual land titles. His proposal was opposed by non-dayak members of the Sarawak legislature who petitioned the then Prime Minister Tunku Abdul Rahman to sack Stephen Kalong Ningkan, which he did. Ningkan took the case to court and he was reinstated although very briefly. An Emergency was declared, the Sarawak DUN was suspended and its constitution was amended to allow a sitting Chief Minister to be removed vide a vote of no confidence in the DUN. Stephen Kalong Ningkan was unceremoniously removed from his post as CM of Sarawak.
https://en.wikipedia.org/wiki/Stephen_Kalong_Ningkan
In 1974, while the 1969 racial riots Emergency was in force and parliament was still suspended, the Petroleum Development Act was enacted. The PDA’74 gave the federal government full rights to the oil and gas resources of Sarawak. The lifting of that Emergency in 2011 and despite claims by the GPS government of Sarawak that the PDA’74 is now null and void, did not result in the restoration of Sarawak’s rights to her oil and gas resources. The adverse effect of PDA’74 is felt until today.
https://www.theedgemarkets.com/article/cover-story-why-sarawak-questions-petroleum-development-act
The lesson learned by Sarawakians from this 2 Emergency is this: During an Emergency, parliament and/or the state legislature (DUN) is suspended. There is no check and balance during an Emergency and draconian and extremely damaging laws that can adversely affect the rights of the citizens or the state can be enacted without going through parliament or the DUN.
It is not without reasons therefore that 10 former bar presidents expressed oppositions to this 2021 Emergency. The suspension of parliament together with the terms of the Emergency confers sweeping powers on the government. Without the necessary checks and balances from parliament this represent a dangerous precedent said the ten former presidents of the Malaysian Bar.
Prime Minister Muhyiddin Yassin had already warned of stern action should anyone attempt to "disrupt" the government's Covid-19 fight and economy. It would do us well to note that “disrupt” is not defined.
The GPS government of Sarawak must make a strong representation to the YDPA to exempt Sarawak from this Emergency. This will shield Sarawak from any potential dangers to her rights and to the rights of Sarawakians and allow Sarawak to proceed with the state election which is due in June 2021.
The movement control order which started on the 18th March 2020 and the other succeeding movement control orders had put a reasonably good control on the COVID.19 situation in Sarawak. The numbers of positive cases only spiked dangerously with the Pasai Siong cluster which so far has accounted for 664 positive cases, out of the 2211 reported as at 18th Jan 2021. There is therefore every reason to believe that a movement control order measures that is strictly applied throughout Sarawak will be sufficient to contain and reduce the incidences of positive cases, without the need for an Emergency. All it requires is a strong will from the GPS government of Sarawak.
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