A plea to royalty
Thursday, November 22, 2007 at 11:52
Oon Yeoh
But Malaysians who hope for rulers to play an activist role will be disappointed
 
Malaysia's Coalition for Clean and Fair Elections (Bersih) organised a demonstration in Kuala Lumpur on Nov 10. It was the country's largest political rally in nearly a decade. Some 40,000 people from about 70 non-governmental organisations (NGOs) and opposition parties marched to the king's palace to submit a memorandum calling for electoral reforms.
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In a lesser-known development in late September, prominent lawyer Haris Ibrahim, who was frustrated with the state of the judiciary, started an online petition on his blog. Within one month, the petition had over 5,000 signatures.
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Mr Haris handed the petition to the king and asked for a royal commission to probe what he termed "the rot in the judiciary" — exemplified by the controversial video released by Mr Anwar Ibrahim that allegedly showed a high-powered lawyer fixing judicial appointments with a senior judge.
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Malaysia's royalty plays a mostly ceremonial role. Asking them to intervene in judicial and electoral reform is a new phenomenon, probably spurred by some recent semblance of activism from certain members of royalty. According to reports, Malaysia's Conference of Rulers rejected Prime Minister Abdullah Ahmad Badawi's candidate for a senior judicial post in July. The impasse was resolved when a more acceptable candidate was nominated.
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Malaysia's Constitution is clear that the king has to assent to legislative Bills, but if this is not obtained after 60 days, the Bills automatically become law.
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However, it is less clear if the king also has to assent to judicial appointments, although recently retired Chief Justice Ahmad Fairuz Sheikh Abdul Halim said the opinion of the Conference of Rulers is not binding on the Prime Minister.
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Perak's Raja Nazrin said in September: "A king is not a frozen decorative monument without life.
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"A king should never feel pressured and not necessarily give assent, if an advice presented contradicts the spirit of the Constitution, contravenes the rule of law and is in breach of the global principle of justice."
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This view is shared by Bar Council president Ambiga Sreenevasan, who has said that the Conference of Rulers should not be treated as mere rubber stamps in the appointment of top judges. She felt that the rulers serve as a check in the process of appointing key government posts.
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The success of the Bersih rally — it received global coverage, although it was largely ignored by mainstream local media — prompted its spokesman to say the movement could petition all nine state sultans to support their cause.
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Mr Abdullah said the rally dragged "the institution of the monarchy, and the king, into politics". He added: "I believe the king is wise and mature and would not fall into their political trap."
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Shortly after that, the king, Tuanku Mizan Zainal Abidin of Terengganu, in a rare press statement denied that he supported the Bersih rally.
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The protest was considered illegal because it was conducted without a police permit.
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Sultan Ahmad Shah of Pahang also chipped in, saying: "I am personally disappointed over claims that the king was involved in the gathering which was not true at all. It is also not our culture to go to the streets. It is not nice, improper and against the wishes of all Malaysians."
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Such comments mean that the "appeal to royalty" campaign will probably be short-lived. Bersih's calls for people to wear the royal yellow colour last weekend did not result in the hoped-for "yellow wave". Their campaign to distribute leaflets was also largely unnoticed.
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Those who had hoped for royalty to play a more activist role will also be disappointed. The last time royalty battled the government was in the early '80s when former Prime Minister Mahathir Mohamad sought to curb the powers of the king, and the Conference of Rulers resisted.
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A long tussle involving media reports critical of royalty and road shows where government leaders presented their case to the masses ensued. Dr Mahathir prevailed and the Constitution was amended.
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Although Mr Abdullah is a less belligerent character than his predecessor, it is unlikely that Malaysia's royalty would risk another battle with the government and see their powers eroded even further.
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Whether the king actually acts on the appeals is immaterial. For the NGOs and opposition parties, the appeals were clearly strategic.
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Malaysia's media is controlled by the government, which also controls 92 per cent of Parliament.
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Since the judiciary is currently facing a scandal, the rally's organisers turned to royalty, which is seen as being politically neutral.
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And the organisers' main aim — to generate publicity for their cause — was achieved, with much aplomb.
Article originally appeared on New Media Practitioner (http://oonyeoh.squarespace.com/).
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