For the last 51 years, voices within Malaysia have expressed concern that a legislative and administrative structure was emerging posing a grave threat to rights and liberties safeguarded in Malaysian Constitution and under international human rights law.

There has been an incremental development of an array of preventive detention laws and other restrictive laws, inherited from the former British colonial government allowing authorities to deny and place unjustified restrictions upon fundamental human rights. These laws have affected many Malaysians and created an intimidating effect on political life and development of civil society in Malaysia.

Since Independence, 5 states of emergency have been declared under Article 150 of Federal Constitution including during Indonesia-Malaysia Konfrontasi in 1964 and after racial riots of 1969. As of 2007, 4 out of the 5 proclamations are still in force and yet to be annulled by Parliament. Despite attaining Independence, the fundamentals of this country were developed in a perpetual state of emergency that have today strengthened arbitrariness and impunity in law enforcement and governance, and undermine human rights, fundamental freedom and democracy.

In these 51 years we have witnessed various human rights violations. Detention without trial, arbitrary arrest, detention, torture, death in custody, violent dispersal of assemblies, arbitrary demolition of worship places and urban poor settlements are some serious concerns affecting government’s commitment to fundamental human heritage. And Malaysians still continue to be subjected to various forms of violations on their fundamental rights and freedom.

Malaysia, despite achieving its 51 years of Independence have yet to give new life to emergency legislations that were left behind by colonial powers. Preventive detention laws such as Internal Security Act, Emergency Public Order Preventive Ordinance, Dangerous Drugs (Special Preventive Measures) Act, Restricted Residence Act 1933 and other restrictive laws such as Essential (Clearance Of Squatters) Regulations, Sedition Act, Printing Presses and Publications Act, Official Secrets Act, Universities and University Colleges Act continues to undermine human rights in Malaysia.

Amnesty International is also concerned that constitutional safeguards enshrined in Federal Constitution have not been realized and system of checks and balances, human rights and fundamental liberties in Malaysia have been undermined. Part II of the Constitution, entitled 'Fundamental Liberties', granted Malaysians right to life and personal liberty (including habeas corpus); equality under the law and freedom from discrimination; freedom of movement; freedom of speech, assembly and association; and freedom of religion. These rights are however redundant due to existing restrictive and emergency laws by way of the qualifying clauses in Federal Constitution empowering Parliament to legislate any restriction to freedom of expression, association and assembly (Article 10 (2) ).
 
Amnesty International in conjunction with the 51st anniversary of Merdeka call on Malaysian government to:

1.  Revoke all existing Proclamations of Emergency in Malaysia and repeal all emergency laws, regulations and rules specifically the Emergency (Essential Powers) Act 1979;

2.  Respect and strengthen all the provisions relating to human rights in Federal Constitution, and all limitations on rights which do not conform to international standards be removed;

3. Repeal all preventive detention - Internal Security Act, Emergency Public Order Preventive Ordinance, Dangerous Drugs (Special Preventive Measures) Act 1985 and Restricted Residence Act 1933; and

4.  Conduct comprehensive review on all restrictive laws, including Sedition Act, Printing Presses and Publications Act, Societies Act, Universities and Universities Colleges Act, Police Act and Section 27 of the Penal Code with a view to reform or abolishment. 

We urge the Prime Minister to initiate reforms in the spirit of Merdeka and give its citizens the true meaning of Merdeka.