ISIS Focus Special Edition - 2

10 Poor and left out in thiscrisis. Bridget Welsh andCalvin Cheng discover

f   cusP P 5 0 5 4 / 11 / 2 0 1 2 ( 0 3 1 0 9 8 )3 / 2 0 2 0 I S S U E N O . 1 2

05 Mental health lessonsduring the MCO. By TengkuPuteri Iman Afzan andPuteri Nor Ariane Yasmin

18 Even drastic measuresmust have legalfoundation, states ShadSaleem Faruqi

THE RACEAGAINST A

RAGING VIRUS

INSTITUTE OF STRATEGIC AND INTERNATIONAL STUDIES (ISIS) MALAYSIA

Institute of Strategic and International Studies (ISIS) Malaysia 

The Institute of Strategic and International Studies(ISIS) Malaysia was established on 8 April 1983 asan autonomous, not-for-profit researchorganisation. ISIS Malaysia has a diverse researchfocus, which includes economics, foreign policy,security studies, nation-building, social policy,technology, innovation and environmental studies.It also undertakes research collaboration withnational and international organisations inimportant areas, such as national developmentand international affairs.

ISIS Malaysia engages actively in Track Twodiplomacy, and promotes the exchange of viewsand opinions at both the national andinternational levels. The Institute has also playeda role in fostering closer regional integration andinternational cooperation through forums, such asthe Asia-Pacific Roundtable (APR), the ASEANInstitutes of Strategic and International Studies(ASEAN-ISIS), the Pacific Economic CooperationCouncil (PECC), the Network of East Asian Think-Tanks (NEAT), the Network of ASEAN-China ThinkTanks (NACT), the ASEAN-India Network of ThinkTanks (AINTT), and the Silk Road Think TankNetwork (SiLKS). ISIS Malaysia is a foundingmember of the Council for Security Cooperationin the Asia Pacific (CSCAP) and manages theCouncil’s Secretariat.

As the country’s premier think tank, ISIS Malaysiahas been at the forefront of some of the mostsignificant nation-building initiatives in Malaysia’shistory. It was a contributor to the Vision 2020concept and was consultant to the Knowledge-Based Economy Master Plan initiative. It alsoproduced the first-ever National Interest Analysisto be undertaken on Malaysia’s participation inthe Trans-Pacific Partnership (TPP).

Institute of Strategic and InternationalStudies (ISIS) Malaysia1, Persiaran Sultan SalahuddinPO Box 12424, 50778 Kuala Lumpur, Malaysia

www.isis.org.my

603 2691 5435

603 2693 9366

info@isis.org.my

Institute of Strategic and InternationalStudies (ISIS) Malaysia 

ISIS_MY

isis_malaysia

f   cus Editorial TeamJoann Saw, Publications Executive

Thomas Daniel, Senior AnalystPuteri Nor Ariane Yasmin, Analyst

Harris Zainul, AnalystMuhammad Sinatra, Analyst

Nursalina Salleh, AnalystZarina Zainuddin, Analyst

Design by Muhammad Sinatra, Analyst

Published by Institute of Strategic andInternational Studies (ISIS) Malaysia

1, Persiaran Sultan SalahuddinPO Box 12424, 50778 Kuala Lumpur, Malaysia

The views and opinions expressed in this publication are those of the author and may not necessarily reflect those of ISIS Malaysiaand the other individuals/organisations cited. Images obtained from Unsplash.

05 A Post-MCO Mental Health Landscapefor MalaysiaThe MCO gives us an opportunity toreflect on ways to improve the mentalhealth community, according to YAMTengku Puteri Raja Tengku Puteri ImanAfzan Al-Sultan Abdullah and Puteri NorAriane Yasmin

07 Locked Down and Locked Up: DomesticViolence During the PandemicDomestic violence cases are worryinglyrising where movement restrictionmeasures are implemented. Tengku NurQistina writes

03 A Healthy Frame of Mind forNational SecurityMalaysia's response to the pandemicshould not be constricted to a securityframework only, argues Izzah KhairinaIbrahim 

10 Making the Invisible Visible: Faces ofPoverty in MalaysiaMalaysia's government assistance tovulnerable groups potentially leaves out ahuge chunk of the community. By BridgetWelsh and Calvin Cheng 

18 The Pandemic, the Constitution andthe LawsWhat is the legal basis of the drasticmeasures undertaken by the MalaysianGovernment during this crisis? ShadSaleem Faruqi explains

23 Preparing for a New NormalThe pandemic necessitates the need torevisit our institutional capacity andreform, highlights Ryan Chua 

Contents

26 Expanding the Military's Role?Puteri Nor Ariane Yasmin, MuhammadSinatra and Thomas Daniel look at thepossibility of the MAF's expanded role in aprolonged MCO period

29 Digital Trade: A Boon During the MCOand BeyondJuita Mohamad and Farlina Said considerthe opportunities for MSMEs, informalworkers and digital trade during the MCO

15 Health Insecurity and Its Impact onRefugees in Malaysia Tengku Ilisha Ameera and Puteri NorAriane Yasmin on how the MCO highlightsthe plight of the refugees

32 Has the Pandemic Accelerated theGrowth of Technology?Technology could play a bigger role inassisting the fight against COVID-19.Moonyati Yatid illustrate 

36 Media Freedom and Fake News Duringthe Pandemic The fight against COVID-19 should notimpinge on media freedom and freespeech. Harris Zainul addresses

we may have been accustomedto. It will require the involvementof specialised powers,investigations and responses.

However, in order to do so, thereare key external and internalconsiderations that need to betaken into account to ensure ourfuture preparedness and avoidknee-jerk reactions forunforeseen developments.

On the one hand, there needs tobe internal considerations aboutthe way federal leaders andinstitutions havereconceptualised the nature ofpublic health emergencies.Labelling it as a national securityevent can alter how federal, stateand local governments respond,ultimately shifting points ofauthority and accountability. Itwill pose new practical and legalimplications, such as changes toincreases of federal influences,resources and powersto coordinate responses and the legal parameters to operate on.Another area in domestic

"This means that healthagencies are arguably

those best positioned andequipped to lead and

coordinate responses tothe disease threat."

Responses towards the COVID-19 outbreak has been telling ofthe way healthcare crises canpose a threat to national security.It has given the world anunfortunate peek into howborderless threats like diseasescan indiscriminately affectsocieties, political systems andeconomies around the world.

Despite health becoming agrowing priority in internationalinstitutions and foreign policyengagements, it tends to flyunder the radar as it does notusually interact with domesticpolitical interests. Yet when itdoes, achieving a holistichealthcare solution is oftensidelined in favour of thepolitical imperatives of the day.

So how should a country protectitself against such a threat?

It is important to recognise theunderlying difficulties inreconciling the traditionalpriorities of national securitywith emerging non-traditionalthreats. While not all diseasespose the same severe effects, theresponse should only bewarranted when its existence canpose a potential or additionalthreat to political, economic andsocial stability; political, civic and social participation;

economic stability internationallyand domestically; and exceedingunilateral control of a country.

Such a focus on a securityperspective has supportedassumptions that nationalsecurity measures will involvemilitary power or criminalinvestigations in attempts toprotect their country. It is moreevident in Southeast Asia asmuch of its security forces havepredominantly focused oninternal threats. Even Malaysia’smeans to enforce the MovementControl Order (MCO) hasinvolved the deployment ofmilitary and civilian securityforces to have the numbers ableto control the spread of COVID-19.

Regardless of our limitedexperiences in dealing with suchthreats, let alone novelpandemics, areas of publicpolicy – such as our economic,healthcare and socialcomponents – need to beincluded. It cannot be abandonedor forced into such a traditionalsecurity paradigm like a squarepeg into a round hole.

This also means that ourresponses should not be viewedin the same way we do withfloods or other natural disasters

A Healthy Frame of Mindfor National Security

Incorporating security elements in the fight against COVID-19 isessential, but Malaysia’s national response should not be constricted to

that paradigm alone. While its grand strategy should still be drivenchiefly by healthcare considerations, there are some internal and

external impediments – borne out of a security mindset – that couldcomplicate achieving this ideal.

BY IZZAH KHAIRINA IBRAHIM

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policymaking will be tacklingissues related to transparency intimes of crisis. Ideally, displaysof transparency are reflective ofthe responsiveness and aptitudeto communicate risks to thepublic and relevant institutions.Whether good or bad, theinformation is necessary in orderto respond accordingly to thecrisis, its effects and anyemotional fallout impacting thecountry.

Nonetheless, it is easier said thandone when securityconsiderations do not includesaving face from potentiallyunflattering information orineptness. This presents thedilemma of managing inaccurateinformation and the publicdemand for a solution. This wasevident in the United States andthe United Kingdom'smismanagement of the COVID-19 crisis. It exposed clashingvested interests of variousstakeholders and the lack ofpandemic preparedness as well asan overall social supportinfrastructure that places theircitizens at a greater risk.

On the other hand, the inherentlyborderless nature of risks, such asdiseases, will raise questions.Where do national interests endand global interests begin? Howcan we determine that the actionsbeing taken are done in theinterest of the collective good?

It is undeniable that tensionsbetween global institutions andnational interests exist, especiallywhen sensitive issues concerningsovereignty interfere withcooperation on global issues likediseases. Using healthinterventions by state or non-state actors to achieve furtherforeign policy objectives iscontroversial, but an inescapablecomponent, in health diplomacy.

From within the regionand beyond, there shouldbe greater resource sharing onmultilateral and bilateralengagements. While there havenot been much formalised

exchanges, aside from existingstandards by the InternationalHealth Regulations (IHR), suchlinkages and communicationsneed to be fostered.

Whether we like it or not, it is acollective action problem, onethat needs a solution in theinterest of safety for all withoutlimiting itself to securing“national interests”. This willmean ending territorialitybetween government institutionsand working towards adoptinguniform decisions.

There are pressures andtemptations to produce quick andcost-effective results that shouldnot be done at the expense ofcomprehensive, long-term goals.While much of these suggestionsare not necessarily reinventingthe wheel in terms of crisismanagement, sometimes seekingcooperative and preventivemeasures are better than asuperficial cure.

This article first appeared in New StraitsTimes on 5 March 2020. Izzah KhairinaIbrahim is Researcher in Foreign Policy andSecurity Studies (FPSS), ISIS Malaysia

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Malaysia is now in the thirdphase of the Movement ControlOrder (MCO) after a secondextension from 14 to 28 April. Ifthe first phase of the MCO can beconsidered relatively “easy” andthe second phase “moderate”,perhaps we should expect thethird phase to be somewhat“difficult”. As the range ofdifficulty progresses, so too willthe range of emotions andchallenges that we experience.

The information that we receiveon WhatsApp, the posts andcomments that we read on socialmedia, and the news that wewatch suggest that mental healthissues could (steadily) rise withevery extension of the MCO.Furthermore, Prime MinisterMuhyiddin Yassin has recentlystated that we must come toterms with a “new normal” oncethe MCO is eventually lifted. Weoffer some thoughts on how toadjust to this “new normal”.

First, we should differentiatethose who contracted COVID-19from the virus itself.

This virus knows no boundaries

BY TENGKU PUTERI IMAN AFZANAND PUTERI NOR ARIANE YASMIN

The MCO has brought lessons and silverlinings for the mental health community andbeyond. We can start preparing for the “newnormal” now, by reflecting on what wewould like our future to be.

A Post-MCO Mental HealthLandscape for Malaysia

and does not discriminate byrace, religion, gender or socialclass. Yet, there have beenreports of Asians being subjectedto racism and xenophobia in theWest. In Malaysia, the stigma ismostly upon those who attendedthe tabligh gathering in February,as not all have been identifiedand tested.

Those who have been diagnosedwith COVID-19 and recoveredhave also been ridiculed andrejected, and may even encountersocial avoidance once the MCOends. There have been reports ofpatients’ identities exposed,which in turn have led to themexperiencing cyberbullying aswell as threats.

The more we stigmatise the virusand ostracise patients, the morethose who do have symptoms orhave been in close contact will beless likely to come forward. Thisis a challenge that the mentalhealth community is all toofamiliar with. No one will be leftbehind and #kitajagakita shouldresonate with us all as we preparefor what lies ahead in the “newnormal”. Further stigmatisation

will only leave us polarised whenwe need to be united on our roadto recovery.

Second, we must be mindful thathome is not a safe space foreveryone.

During the MCO, we are beinginstructed to stay home to savelives and “flatten the curve”. Thisperiod of prolonged socialisolation will challenge us as weadapt to drastic changes to ourroutines. While some of us areprivileged to have a roof over ourheads and food on the table, thesame cannot be said foreveryone. There has been a lot ofeffort from the Government,non-governmental organisations(NGOs), the private sector andcitizens to help those in need,such as the urban poor, homeless,refugees and asylum seekersalike.

We urge that the same attentionshould be given to those whosuffer from mental health issues,those who live alone, or thosewho may live in an abusiveenvironment whether it be mentalor physical.

move forward better andstronger. And, despite itschallenges, the MCO has silverlinings for those in the mentalhealth community and beyond.

There has been a lot of coverageon the importance of mentalhealth throughout the MCO, fromnews and commentary pieces,social media postings and evenwebinars with political leaders.However unfortunate, the MCOhas broken barriers and createdmore awareness on mentalhealth.

The MCO has also been aplatform for those in the mentalhealth space to reach out to thosewho are unfamiliar with bouts ofanger, feelings of helplessness,loss of control, anxiety andmental pressure – all of whichare triggers to mental illness lateron if left untreated.

These are all key lessons for us to

For instance, Malaysia has seen aspike in domestic violence casesfollowing the MCO. Roughly aweek after it was enforced,Talian Kasih saw a 57 percentincrease in the number of calls,though the nature of these callswas varied. Abuse is often usedas a source of control in the midstof uncertainty, such as financialconstraints, health issues orfeelings of suffocation. If yoususpect anyone is in danger orsuffering from mental and/orphysical abuse, please reach outto the many organisations thatoffer support and advice, such asthe Ministry of Health (MoH)psychosocial hotline, Women’sAid Organisation (WAO) andSisters in Islam (SIS).

Indeed, the MCO has reiteratedthe importance of meaningfulengagement and stayingconnected with our loved onesand peers. After four weeks, wenow appreciate the simplegesture of saying “Hello! Howare you?” We understand that“social distancing” does notmean we stop staying in touch;we understand that we must beunited in a crisis; and mostimportantly, we understand thatwe must hold ourselves and oneanother accountable in order to

YAM Tengku Puteri Raja Tengku PuteriIman Afzan Al-Sultan Abdullah is Patron ofthe Mental Illness Awareness and SupportAssociation (MIASA) and Member of theMalaysian Health Coalition (MHC); andPuteri Nor Ariane Yasmin is Analyst inForeign Policy and Security Studies (FPSS),ISIS Malaysia

take into the “new normal” oncethe MCO is lifted. In some ways,the pandemic has shown us that awin for the mental healthcommunity is a win for us all. Wemust ensure that awareness andconversations on mental healthcontinue in the “new normal”.

COVID-19 is forcing theentire world to reset and rebuildfor a better tomorrow. We shoulduse the time we have left in theMCO to pause and reflect as anation on what we would like ourfuture to be.

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"...'social distancing'does not mean we stopstaying in touch... we

must hold ourselves andone another accountablein order to move forward

better and stronger."

Locked Down andLocked Up: Domestic

Violence duringthe Pandemic

As the implementation ofmovement restriction

measures disrupts ourdaily lives, governments

are compelled torespond to the high

demand for support asdomestic violence casessoar in a short period of

time. With suchmeasures predicted to

last for weeks and evenmonths to come, the

urgency to address thisissue is unprecedented.

BY TENGKU NUR QISTINA

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quarantine. The victims wouldnot have the option to seekintervention or help with anabuser being constantly present.Where they would ordinarilyseek an external interventionwhen the abuser is not present,such as in Bangladesh duringseasonal migration periods, it isnow less plausible as lockdownskeep everyone at home.Lockdowns also complicate theefforts of non-governmentalorganisations (NGOs) to providesupport and help to victims,especially in regards to seekingshelter.

In an effort to curb the rise ofwomen’s vulnerabilities duringthis pandemic, the leadership andmeaningful participation of agendered lens need to bestrengthened. The WHO haspublished an info sheet to helpgovernments guide and assistcommunities, including ways tomitigate the rise of domesticviolence during quarantine.

In Malaysia, the Ministry ofWomen and Family Developmenthas maintained its hotline, TalianKasih, which has seen anincreased traffic by 57 percentsince the beginning of theMovement Control Order(MCO). The calls are variedfrom individuals seekingfinancial assistance to reportinggender-based violence andelderly as well as child neglect.

To mitigate the rise of domesticviolence, the response must be amultilayered one. It involves notjust the government andministries, including lawenforcement agencies andmedical officers, butcommunities as well – civilsocieties, family, friends andcommunity efforts are equallyneeded. It is without a doubt thatgovernments worldwide arestretched thin in coping with theonset of repercussions that comefrom curbing COVID-19.However, some nations haveadapted to their surroundings andhave provided good examples forMalaysia to consider.

Firstly, communities andgovernments have becomeinnovative in reaching out tovictims. In France and Spain,victims are visiting pharmacies toseek help by using a codewordwhen reporting domestic abuse.This follows the Frenchgovernment’s recognition andresponse towards the risingnumbers of domestic violence inthe country, as France records astaggering 32 percent rise in oneweek of quarantine alone. On topof that, France has also recordedtwo deaths due to domesticviolence since the lockdownbegan on 17 March.Acknowledging the difficulty forwomen to reach out for helpduring quarantine, France’sGender Equality Minister hasmade support systems moreeasily accessible for women.

Another innovative incentiveFrance has done is to have pop-up counselling centres availablein grocery stores to advicevictims or those in contact with avictim. This would also make iteasier for victims to seek helpand support in their situationwithout the presence of theabuser, as it has been previouslymentioned that quarantine hasmade it harder for victims toreport cases.

Secondly, governments can workwith NGOs that already work ondomestic violence to help curbthe predicted rise of domesticabuse through financial support.The Canadian government hasallocated up to C$2.7 million tohelp support victims of domesticviolence and other violent crimesby pegging the organisations thatsupport them nationwide toremain in operation. This supportwould include aggressivelyraising awareness to women’svulnerabilities during quarantine.

Meanwhile, France has allocatedup to €1 million to fund anti-domestic abuse organisations tohelp them respond to theincreasing demand for services.This includes subsidising up to20,000 nights of hotel

We need to acknowledge that thisproblem is definitely not aconjuration of fantasy.UN Women, World HealthOrganization (WHO) and variousother international and localorganisations have repeatedlyraised concerns to highlight andstress the importance of theexacerbation of gender inequalityissues, such as gender-basedviolence, during this trying time.

The correlation between the risein domestic violence and times ofcrisis is not new. Evidence hasshown that gender-basedviolence escalate in the wake ofemergencies, crisis and conflict.Past health crises, such as theEbola outbreak in 2014, havehighlighted the unique challengesand vulnerabilities women andgirls face. During such difficulttimes, gender inequalitiesunfortunately compound andare amplified.

During China’s COVID-19lockdown, reports of domesticviolence (which includesphysical, psychological, sexualor economic mistreatment of afamily member) nearly doubledin the Hubei province, accordingto a Chinese non-profitorganisation based in Jingzhou.

The West African Ebola outbreakin 2014 also confirmed howepidemics leave womenvulnerable to violence, asincidences of rape rosedrastically. Similarly, in the wakeof Hurricane Katrina in theUnited States, studies recorded a98 percent increase in physicalvictimisation. A key reasonbehind the rise in violence,among others, is the heightenstress in households given theinstability and financial strains.

In more extreme cases, domesticviolence may lead to fatalities asin France and Turkey, wherewomen have been reported tosuffer injuries at the hands oftheir partners during quarantine.

Women are also less likelyto report violence during

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It is important that Malaysiansare aware of the repercussions ofan extended MCO in order toreach out to victims so theyunderstand better and are able toseek help. However, effortsshould start with the Ministry ofWomen and Family Developmentby encouraging other actors toinitiate community-based effortsas well as to coordinate them.

We must remember that curbingdomestic violence is not theresponsibility of one person – itis the responsibility of all.

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accommodation to providevictims with shelter away fromtheir abusers.

This is a solution Malaysiashould consider, given thelimited supply of women’sshelter homes in the country.Even without the rise of domesticabuse cases during the MCO,Malaysia’s supply of shelterhomes does not meet the standardrequirements set by the Councilof Europe – a minimal standardof one family place per 10,000inhabitants. Data published bythe Women’s Aid Organisation(WAO) in 2019 revealed thatMalaysia’s capacity is at onefamily shelter per 725,384inhabitants, a staggering disparityin meeting the minimalstandards. With the MCO, thedemand may surpass the supplyand strain the availability ofshelter for victims who need itthe most.

Thirdly, the community can riseup to the occasion by providing adigital alternative to connect victims to support systems. InNew Zealand, the NGO“Women’s Refuge” utilises a“shielded” website that

allows private access toinformation on domestic abuseand support. The benefit is thatvisits to the website will notshow up in the browser’s historyto protect victims from beingplaced in vulnerablepositions. The organisation hasencouraged the use of thiswebsite – which can be found inthe form of a shield buttonappearing in various NewZealand-based websites likeonline stores. This shows howsmall businesses are able to alsosupport the cause digitally,especially when a victim’s abilityto actively seek help throughphone calls or visits to hospitalcrisis centres and police stationsis limited.

Thus, curbing the anticipated risein domestic violence andproviding support to victims is amultilayered effort inwhich different actors can assist .

While much of the effort can bedone by the government for abigger knock-on effect inthe community, grassrootsand civil society efforts areequally as important tomitigate the rise of violence.

A version of this article first appeared inThe Star on 29 March 2020. Tengku NurQistina is Senior Researcher in Social Policyand National Integration (SPNI), ISISMalaysia

and cannot work. She is now acaregiver. An NGO providedsome dry food, but is still tryingto find a way to get medicalattention for her daughter.”

“Meet a refugee family of five, ahusband Mr A, age 46, his wifeand three sons, ages from 12 to17 years. Originally also fromthe Middle East, they lived in ahouse for one and a half years.The husband worked part-timeand sometimes the children alsofound work. Their problemsstarted in January when therewas an intensification of thecrackdown on migrants aroundCyberjaya, limiting theiropportunities to work. He renteda house for RM1,200 monthly. Hewas evicted on 31 March. Hiscommunity network was able tocollect money to find his familytemporary shelter, another housefor RM1,000. The owner hasgiven them two weeks to pay thedeposit. He and his family getfood from a food bank.”

“A technical school has closedduring the lockdown in Puchong.There are 230 Malaysianstudents, largely from Sabah andSarawak, stuck in their hostels.They do not have the funds to gethome and are running out ofmoney for food. They havereached out to local authoritieswho have informed them the food

For many, the Movement ControlOrder (MCO) is one full of starkchoices, even life and death aspeople go hungry, are beingevicted and physically in pain.

Let us start with their stories.Please meet the following people,full names withheld, who arebased in the Klang Valley andfacing difficult circumstances:

“My name is Mrs CH. I am a 74-year-old Malaysian. I used torent a hawker stall, but sold itabout five years ago. I do nothave a regular pension and I donot have children. My only sisterpassed away last year. I live in asmall room in Kajang. I get bythrough working part-time in arestaurant. It is now closed. Inmy room, I have a mattress. Nowindow. No kitchen. I use sharedbathroom facilities without anyprivacy. Every day I wake up, mybody is in pain. My joints hurt,but most of all, I am weak. I eatnoodles when I can, as I can boilmy kettle, but I have not eatenany protein, fruit or vegetables ina long time. I have run out ofsupply. My head hurts all thetime. I feel dizzy. I don’t have theenergy to move. I wait forsomeone to call me as I do nothave credit on my phone to callanyone. I wait to see if someonewill knock on my door withfood.”

“My name is M. I am 27 yearsold. I am a universitygraduate, but am now homeless. Iam originally from Kelantan. Ihave lived on the streets for threeyears near Bukit Bintang. I am adrug addict. I go to the shelterfor food. I want to stop usingdrugs, but do not know how to doso. I am confused. I am scared.”

“Meet Mr AD. We are a family offive – my wife, my three children,ages three, five and six, andmyself. We live inside our car. Wemove around, parking our carnear apartments at night. Wecannot move far as we need tosave petrol. We shower inmosques or petrol stations. Weaccess food through a network offriends, but cannot have a hotmeal as we do not have a kitchenor cooking facilities. We arerefugees from Palestine and havebeen in Malaysia for five years. Ihave not been able to find workto feed or house my family. I lostthe only part-time job I had at thestart of the MCO period. It hasbeen very hard living in a car.”

“Mrs E, living in Chow Kit,contacted an NGO worker onTuesday at 4am. She was in asmall 10 by 8 feet room with twochildren, ages 12 and 17. Shehad no food and money and RM8in her wallet. Her daughteris sick. She is a house cleaner

Making the Invisible Visible:Faces of Poverty in MalaysiaThe COVID-19 crisis has taken a toll on economic activities, jobs andlivelihoods of all Malaysians. Yet, even as government assistanceattempts to mitigate the pain, large gaps of undocumentedcommunities, poor workers and other vulnerable communities arebeing left behind.

BY BRIDGET WELSHAND CALVIN CHENG

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Malaysians have come togetherfor others, reflecting a deepgenerous spirit that is part of thecore of this society.

The decision to develop aworking relationship betweenNGOs and the government toextend food and assistance to thepoor should be lauded, ascompassion won out over thedesire to maintain control. Thesad reality is that if socialconditions are allowed to worsen,this will make any recovery fromthis crisis even harder. It isimportant to recognise up-frontthat the COVID-19 crisis willextend for months and the scars itleaves may last even longer.

An important part of this effort isbetter understanding who theindividuals are on the “other”frontline of the crisis – the poor.This allows for thinking throughinitiatives that can build asustainable approach to managethe social effects of thecrisis, which will continue longafter any MCO is lifted and toencourage that resources arespent to go beyond immediaterelief to address underlyingproblems. Beyond the personalstories, this piece brings togetheravailable numbers/estimates ofthe scope of the problem. Itcloses by laying out a few policysuggestions. Special attention isgiven to conditions in the KlangValley.

The debate on poverty inMalaysia is highly contentious asit touches on sensitive issues ofrace and assessments ofgovernance. Malaysia has beencriticised for not followinginternational best practices inmeasuring poverty and this lackof credibility has stymiedeffective policy approaches toaddress core social problemsshaping poverty. In recent years,the debate has centred on threeareas – the measurement of thepoverty line, who to include inassessments of vulnerability(Malaysians or residents) and thepolicy approaches. From therelease of the United Nations

Children's Fund (UNICEF) studyin 2018 to the UN specialrapporteur Philip Alston’sstatement last August, this issuehas garnered greater attention.

Drawing from our expertise,interviews conducted over thelast week and publicly availablestatistics, we take a look atpoverty across Malaysia. Basedon official poverty lines from theDepartment of Statistics,Malaysia has virtually eliminatedpoverty.

Official national poverty rateshave been hovering close to 0.4percent as long ago as 2016.Experts have argued thatthis extremely low figureobscures the plight of many poorfamilies. They hold thatthe official poverty line ofRM960 per household is notrealistic in light of actual costs. Ifone considers that the averagehousehold size is 4.1 individuals,we are looking one person livingon RM224 a month. Even withthis low figure, there are anestimated 27,800 households(about 113,900 persons) living inpoverty.

This number is just not credible.Malaysia’s poverty lines shouldbe at least double that, withabsolute poverty lines closer toRM2,000 per household permonth. Using this morerepresentative measure for thepoverty line and governmentstatistics, this brings the“poverty” rate up to about 8.8percent of the country. That is,over 608,000 households (nearly2.5 million people) in Malaysiaare living below RM2,000 amonth. The largest share ofpoverty of citizens, as shown inFigure 1, is in Kelantan, Kedahand Sabah.

In the Klang Valley, wheremedian incomes and living costsare among the highest in thecountry, the number ofhouseholds living underRM2,000 a month is 19,828households – or aboutan estimated 85,000 people.

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allocations have already beenmade for that area. They arereaching out further to the NGOcommunities.”

“I am Mrs IK, now 65 years old.I used to be a secretary workingfor a private company. I receive asmall pension. It runs out everymonth, after two weeks. I gowithout food regularly. I try toeat every other day to getthrough the month. In this MCOperiod, I have been cutting backfurther as I do not know whatwill happen to my pension ifsomething happens to thecompany.”

These experiences are only amicrocosm of what is beingexperienced by many people.These individuals are acrossethnicities, ages and come fromdifferent backgrounds. They arethe elderly, single-mother/fatherhouseholds, children anddisabled. They share a commonfeature – facing difficulthardships and in need of help.

Today, as COVID-19 hits hard,the biggest divide in Malaysia isone that cuts the society alongclass lines, with those that havethe resources to survive andothers who are not as fortunate.The MCO did not necessarilycause the difficulties, but it hasworsened the situation. COVID-19 is not just a health crisis, butone that extends into theeconomy and society. It will needto be addressed further as theeconomic costs of this globalcrisis set in.

Over the past two and a halfweeks, Malaysians have steppedup. Hundreds of NGOs haveramped up their efforts to extendbasic necessities, thousands fromcommunity and religious groupshave come together to donatetime, resources and money toothers, and millions have turnedtheir attention away fromthemselves to others.Malaysiakini has provided linkson how individuals can help.Crises bring out the best and theworst – and large numbers of

the state level and the Bantuan Prihatin Nasional (BPN)programme introduced in thestimulus package is based on asimilar model, but is targetedeven more broadly to householdsin the middle 40 percent of theincome distribution. We arelooking at an estimated 16.8million people registered in thesystem through BSH, more thanhalf of the population. IncludingBPN households, that figure maybe closer to more than 21 millionrecipients. This number excludesothers who might be at risk astheir circumstances becomeaffected by a sharp contraction ineconomic growth, which BankNegara projected to contract by-2.0 percent in 2020.

Moving forward, we suggestthere needs to be a distinctionbetween relief measures thatcover a broader group of peopleand initiatives for those who arein dire need and whosecircumstances will not bechanged without other policyapproaches adopted to addressunderlying issues. Even thosedeemed vulnerable may require abroader set of measures. A keyplace to begin is to widen thelens of who is being affected bythe crisis and reassess who areactually poor and others who arevulnerable, but may requireanother set of measures.

Many of the poor, captured in thestories earlier, are not part ofthose registered to get relief.Some of these are deliveryproblems – people outside thesystem or who have notregistered. The 2018 UNICEFstudy found that around a third ofthose qualified for assistance didnot register, but this varied byincome level. Many areunregistered due to where theylive, the work they do in theinformal sector and the limitedengagement with administrativedepartments.

The further challenge is thatmany who are poor in Malaysiaare not included becausethey lack documents or are leftout for a variety of reasons –

Fig. 1

Fig. 2

The poor are concentrated inKuala Langat and Klang, butstretch across the whole Valley.

Within government, there is adisconnect between what is listedas poor and those who are treatedas needing assistance, anacknowledgement of need andvulnerability. Over the pastdecade, the issue of poverty hasbeen obscured by theintroduction of broader cashtransfer policies, notably1Malaysia People’s Aid orBR1M. This has moved the focusaway from the official poor totargeting the bottom 40 percentof the household incomedistribution. The popularityof these cash-based assistanceprogrammes has unfortunatelyfurther curtailed already limited discussion of how to address

underlying issues of poverty.

At the same time, these cashassistance measures havehighlighted, however, the scopeof vulnerability in society.Statistics from the Department ofSocial Welfare (JKM) indicatethat over 479,000 households(estimated at 2 million people)receive some form of JKMfinancial assistance, not countingin-kind assistance in the form offood or vouchers. Meanwhile,Bantuan Sara Hidup (BSH) orCosts of Living Assistance(formerly BR1M) recipientstatistics suggest some 4.2million-plus households (anestimated 16.8 million people)received the income-targetedcash transfers in 2019.

Similar programmes exist at12focus

from citizenship issues to a moreentrenched exclusion. Thisincludes certain indigenouscommunities, such as the OrangAsli, migrants, stateless orrefugees.

The Orang Asli communities arelargely left out of governmentassistance given to other citizens.They come under a specialgovernment department, but arealso affected by documentationand access issues. Data suggeststhat there are 198,000 Orang Asliin Peninsular Malaysia, with anadditional 126 villages notregistered, conservativelyestimated to be another 30,000people. Studies have shown that92 percent of these communitieswould be considered poor. In theKlang Valley, there are 74villages with around a little lessthan 20,000 people –concentrated in Kuala Langatand Hulu Selangor.

Assessments of migrant workershave long been contested. TheHome Ministry estimated 2.1million documented migrantworkers in Malaysia in 2015.An ISEAS report puts that figurehigher with a total of 3.85 to 5.3million migrants in 2018,including undocumented illegalworkers. NGO estimates put thisnumber even higher, almost 8million, with an estimated 2.3million in the Klang Valley. Thechanging legal status of workers,requiring permits, has furthercomplicated measurements.The International LabourOrganization (ILO) estimates thatforeign workers comprise a thirdof Malaysia’s workforce. Asforeigners, they are the largestgroup in terms of numbers ofexcluded population not includedin the poverty assessments withinMalaysia.

Approaches to address migrationhave been largely law-and-orderoriented. The current crisis callsfor a reassessment of how toengage this community. Giventhe health crisis, sending themigrant communities home putsthem and regional neighboursat further risk. The reality is13 focus

Fig. 3

Fig. 4

that foreign workers play a vitalrole in the economy and will doso in any economic recovery.

Closely linked are the statelesscommunities. There are twogroups, those born in Malaysiawithout documentation and thosecoming from neighbouringcountries, many of whom havebeen in the country for years.The largest share of stateless isconcentrated in Sabah, whichofficial numbers list at around510,000 with NGO estimatesreaching 1.9 million.

The number of statelesselsewhere is also debated andincludes Indians born inMalaysia who have not receivedcitizenship and other individualsfrom abroad not seeking asylum,but lacking any documentation

whatsoever. Figures hererange from 40,000 to 300,000.Based on interviews, we use theconservative estimate of 1.15million stateless people, with10,000 of those estimated to be inthe Klang Valley. Statelesscommunities have often lived foryears in Malaysia and have nomeaningful access to governmentservices.

In terms of refugees, there are anestimated 178,990 formerlyrecognised, of which 130,000 areof working age in Malaysia.There are others who have yet toregister as asylum seekers, butfall under the refugee panel,estimated at another 70,000 notregistered. Disproportionatelymost of these refugees areRohingya and other Myanmarminority groups, but many

are from the Middle East aswell. Over half – estimated97,000 – are concentrated in theKlang Valley.

If we take what we know aboutthese groups of people, it allowsus to see who is being hit by thecrisis in a broader way. Weestimate that those beingexcluded from social assistanceand among the hardest hit isabout 8.2 million, over threetimes of those who fall within themore representative poverty lineof above RM2,000. In the KlangValley, this is estimated to be 1.9million people alone.

These numbers highlight theneed to rethink approachestowards the poor. Whilegovernment assistance iswidening and rightly focused oncitizens, there are large gaps ofcitizens, long-time communitiesliving in Malaysia beingexcluded often withoutdocumentation and workers andother vulnerable communitieswho are contributing to theeconomy being left outaltogether.

The invisible need to beconsidered in measures movingahead. Ordinary citizens,businesses and NGOs are helpingthese communities, but theseefforts may not be sustainable asthe economic costs of COVID-19set in. The government’s cashassistance can be complementedby better targeting of assistanceand other supporting policies.

Over the past few weeks, therehave been important steps takenthat reflect the government’scompassionate approach to issuesof vulnerability. This approachhas been supported across thepolitical divide. Despitemeaningful gaps in the needsbeing met and exclusion ofcommunities, including many insmall businesses and the informalsector, initiatives to address thesocial needs in a more inclusivemanner have been introduced,largely based on need.

There are also modest efforts

taking place to cooperateand form new partnerships withcivil society and businesses inaddressing the evolving falloutfrom the crisis. Even some of thesilos within the governmentin engaging communities arecoming down, although this isvery much in the early stages.

Moving ahead, a serious rethinkof how to address vulnerabilitiesand the poor is needed, beyondcash transfers of assistance andother immediate relief measures.The poor as a whole need to berecognised and disaggregated,with more attention on how totreat those facing the mostserious hardships. A key step isto start getting the numbers rightand to stop leaving out the manydifferent groups being affected.

Practically, a task force can be setup to look at different sets ofpolicies that are more holistic inaddressing needs and causesalong the various dimensions,with greater collaboration withNGOs, academics andinternational organisations,notably the United Nations HighCommissioner for Refugees(UNHCR). This will allow forbetter targeting of availablelimited resources, offeropportunities to find newresources and, more importantly,allow for the framing of soundpolicies that will not justameliorate problems caused byCOVID-19, but also work toaddress the underlying socialconditions that will inevitablyworsen as the economy contracts.

A crucial part of the way forwardis to make the reality of povertymore visible. In closing thispiece, we would like to thank themany individuals who sharedtheir expertise and cautionreaders that the numbers arebased on estimates frominterviews and available data.There is a need for furtherresearch and debate. In writingthis piece, the aim is to furtherdiscussion and promoteunderstanding, with the hope thatas many people as possiblecan get through this difficult

A version of this article first appeared inMalaysiakini on 4 April 2020. Bridget Welshis currently Honorary Research Associate ofthe University of Nottingham, Malaysia'sAsia Research Institute (UNARI) based inKuala Lumpur; and Calvin Cheng is Analystin Economics, Trade and RegionalIntegration (ETRI), ISIS Malaysia

period, that available resourcesare maximised and thatthose suffering the hardshipsdescribed in the personal storiesare given a face.

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In the face of a borderlesspandemic that has consumedMalaysia and the rest of theworld, concerns surroundingundocumented refugees andasylum seekers have surfaced aswe attempt to grapple with thespike of COVID-19 casesfollowing the tabligh gathering inSri Petaling from 27 February to1 March.

In such dire circumstances, thehealth-security matter is one thatwarrants grave attention giventhe risks and consequencesMalaysia faces today. In a quasi-lockdown, Malaysia has 3,662COVID-19 cases with 61

Health Insecurityand Its Impact onRefugees inMalaysiaRefugees and asylum seekers inMalaysia have always struggled with alack of identification and healthcare.How have these issues impacted theGovernment’s response to COVID-19?What are some of the challenges thatwill still need to be addressed beyondthe MCO?

BY TENGKU ILISHA AMEERA ANDPUTERI NOR ARIANE YASMIN

reported deaths as of 6 April. Ofthese, 1,253 confirmed caseshave been linked to the gatheringthat was attended by some16,000 people including anestimated 2,000 untraceableRohingya refugees. On 4 April,the Director-General of theMinistry of Health (MoH) statedthat 3,000 tabligh participantshave yet to be screened. DatukDr Noor Hisham also stressedthat the gathering – which hasalready resulted in a fifth-generation cluster of cases –could lead to 40,000 peopleinfected.

This presents a number of

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problems for the Governmentin their efforts to carry out a swiftand effective response against thepandemic.

First, the unofficial and mostlyillegal status of refugees andasylum seekers would likelymake them reluctant to comeforward and identify themselvesfor testing. The fear of possiblearrests from authorities andamounting suspicion from thepublic serve as a hindrance forthe undocumented.

Moreover, contact tracing will betoo arduous, if not impossible, tocarry out. Under the MovementControl Order (MCO), contacttracing is a key tool in breakingthe chain of transmission. Theprocess necessitates identifying,assessing and monitoring peoplewho have been exposed to thevirus.

The absence of documentationcompromises such measures,highlighting some of thechallenges in trying to track thoseamongst marginalisedcommunities. The overall successof the MCO comes down to thestrict compliance of people andthis could be severelyundermined by those theGovernment is unable to track.

As highlighted during the WorldHealth Organization’s (WHO)press briefing in the last week ofMarch, the fight is not overunless we know where eachCOVID-19 case is. This is whyconsiderable efforts have beenmade to disseminate informationto the 2,000 untraceable refugeesand asylum seekers to comeforward without penalisation. Forexample, the MoH is workingwith the United Nations HighCommissioner for Refugees(UNHCR) and other non-governmental organisations(NGOs) to contact theseattendees.

There have also beencommunication efforts on abroader scale that include publicannouncements on various mediaplatforms, social media accounts

and well-established newspapers.It is critical that these avoid“scare-mongering” languagemethods that will only deterthem from coming forward.

The COVID-19 pandemicreinforces the urgent need toregularise refugees and asylumseekers into a national databasethat provides basicdocumentation and biometricdata. It is simply in the country’snational security and interest todo so.

New arrivals of 250 Rohingyarefugees near the Ritz Carlton inLangkawi in the early hours of 5 April indicate that these groupsof people will continue to maketheir way to Malaysia, pandemicor not. It is crystal clear that weare a final destination for somerefugees and asylum seekers. Nolonger are we merely a transitstate. This has been the statusquo for Malaysia for severalyears now and is one thatpolicymakers took a long time tocome to grips with.

Second, refugees and asylumseekers are in a position ofincreased ambiguity wherehealthcare is concerned. Prior tothe outbreak, they had little to noaccess to adequate healthcare norcould they afford it. However, inpresent conditions, it seems thatthe Government can no longer

disregard healthcare policies onrefugees and asylum seekers.

The COVID-19 pandemic hasshown that the health of everyindividual is linked to the healthof the most marginalised. In thecase of Portugal, the Governmenthas granted provisionalcitizenship rights to migrants,asylum seekers and refugees,whether legal or not, which willin turn grant them full access tohealthcare during this pandemic.According to the PortugueseCouncil of Ministers, thesegroups are “in a situation ofregular permanence in NationalTerritory” until 30 June.

In Malaysia, there is nodiscrimination againstrefugees and asylum seekers inthe fight against COVID-19.Testing and treatment are free toall – Malaysians, foreigners andthe undocumented. Indeed,diseases do not distinguish if oneis a citizen or not. There havealso been reports that a smallnumber of refugees have beengiven temporary shelter at theAlam Damai hall in Cheras.While commendable andnecessary, it is difficult toascertain whether these initiativeswill be translated into broaderaction on the ground.

From the perspective of theRohingya refugees, there are

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deep-rooted legacy issues thatstem from years ofdiscrimination and mistreatmentat the hands of unscrupulousMalaysians, including those inlaw enforcement. This sense ofuntrustworthiness could preventrefugees and asylum seekersfrom accepting help andprotection altogether, particularlynow that our streets are floodedwith uniformed personnel toenforce the MCO.

On the other hand, recent reportsof refugees being arrested forviolating the MCO highlight theperspective of those in lawenforcement. Three refugeeswere arrested, detained for threenights and fined a total ofRM3,000 for finding food fortheir families. Law enforcementofficers have no choice, but tofollow what the law dictates, thusa gap between the initiatives thatthe Government has put in placeand their implementation. Aspreviously argued by ISISMalaysia, policymakers mustwork in unison with not only theUNHCR, but also refugee-relatedNGOs and refugee communitygroups.

Most importantly, such initiativesare only a temporary solution toaddress the issue ofundocumented refugees andasylum seekers while we are in apublic health crisis. There is stillthe question of what happens tothe undocumented post-MCO.

Their regularisation andregistration in a national databaseaside, refugees and asylumseekers should be givencompulsory health screening withthe coverage of healthcare costsborne by companies andindividuals that employ them.Once regularised, there shouldalso be stricter measures orpenalties for companies whocontinue to hire undocumentedrefugees and asylum seekers.This provides a more compellingincentive for refugees to registerthemselves and attaindocumentation and proper workrights.

A comprehensive contingencyplan that takes into account morevulnerable groups is essential.While the recently-announcedRM250 billion stimulus packageis encouraging,

it falls short in providing aidto the more marginalised groupsthat, at the very least, shouldhave access to or equaldistribution of healthcareservices.

While the pandemic could lead tofear, insecurity and increasedfragmentation, a strong andunited front is desperately neededfor an effective response. It alsomeans that principles ofinclusivity must be adopted tosupport those who are morevulnerable in such circumstances.

Prime Minister MuhyiddinYassin has mentioned throughouthis speeches that “no one is leftbehind” under this Government.It is time that refugees andasylum seekers are included inthese plans for tangible action tobe taken, and better policies to beformulated to tackle thepandemic.

A shorter version of this article firstappeared in New Straits Times on2 April 2020. Tengku Ilisha Ameera isResearcher in Social Policy and NationalIntegration (SPNI); and Puteri Nor ArianeYasmin is Analyst in Foreign Policy andSecurity Studies (FPSS), ISIS Malaysia

The Pandemic, theConstitution and the Laws

Citizens may censure freely, but must obey promptly. TheGovernment on its part must remember that from theconstitutional and rule-of-law point of view, an executive order,policy, directive, instruction or scheme has no force of “law”simply because of its expediency, workability or reasonableness.It must be anchored in and derived from legislation or subsidiarylegislation. Despite the dire circumstances we are in, there is aneed to show fidelity to the Constitution and the laws.

BY SHAD SALEEM FARUQI

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Due to the devastating effect ofthe pandemic, the Governmenthas announced a number of boldmeasures among them a stay-home order; ban on gatheringsexcept for small size funerals;restrictions on movement exceptfor special purposes, essentialactivities and services as definedby the 2020 Regulations; andrequirement to undergo healthexamination for those returningfrom abroad. People suspected ofsuffering from any infectiousdisease may be quarantined.

These orders have resulted in theshuttering of thousands ofbusinesses and professions, lossof jobs, incomes and livelihood,shutting down of schools,markets and restaurants, anddrastic reduction of the means oftransportation. Millions havebeen thrown out of work and thebulk of the population is forcedto stay at home. Anyoneviolating the stay-home orderwithout lawful excuse is subjectto fine, arrest and imprisonment.Despite their severity, theseexceptional measures areabsolutely necessary andunavoidable.

We must also do whatever wecan to assist our fellow citizenswhose lives are devastatedbecause of this pandemic.

On its part, the Government has aduty to listen to constructivecriticisms and to be consultative.It must draw on the rich talent ofnon-governmental organisationsand individuals to understand andtackle this crisis in its manifolddimensions. The politicalexecutive and the bureaucracymust remember that systems inwhich people participate aresystems they are likely tointernalise and respect.

Those in positions of authority

must also remain cognisant ofthe human rights and rule of lawdimension of this crisis. Underour supreme Constitution, everycitizen (and in some cases everyperson) is entitled to somefundamental liberties. Amongthese are personal liberty (Article5), freedom of movement(Article 9), freedom of religion(Article 11) and right to property(Article 13).

However, these rights are notabsolute and can be restricted ordeprived under the authority oflaw. The expression “law” has aprescribed meaning under Article160(2) of the Constitution. Thedefinitional clause states that“law” includes:

It is noteworthy that executiveorders, instructions, directives,policies, plans and schemes donot amount to law unless derivedfrom and authorised by a law.This means that the power of theexecutive is not inherent. It mustbe backed by some law and itsexercise must remain within thefour corners of the enablinglegislation. From theconstitutional and rule-of-lawpoint of view, an executive order,policy, directive, instruction orscheme has no force of “law” justbecause of its expediency,workability or reasonableness. Itmust be anchored in and derivedfrom legislation or subsidiarylegislation.

In turn, the legislation andsubsidiary legislation must begrounded in the supreme FederalConstitution, which conferslegislative, executive and judicialauthority on all functionaries ofthe state at both the federal andstate levels.

Despite the dire circumstances

we are in, there is a need toshow fidelity to the Constitutionand the laws. It will be in thespirit of constitutionalism ifevery authority issuing an orderwere to disclose the legalfountain from which the powerderives.

For instance, Bank NegaraMalaysia has ordered a six-month freeze on specified loanpayments. The Ministry ofHuman Resources has saidemployers cannot withhold or cutsalaries and allowances ofworkers who could not report forwork in the Restricted Period dueto the Movement Control Order.

Beneficent and beneficial thoughthese orders are, it will enhancetheir legality and legitimacy ifthere was clear mention of theprovisions of the law underwhich they were issued.

If due to our health crisis, newprovisions are drafted, whichclash with other existing laws,then these conflicts need to beresolved first before the ordersare issued. For instance, thecourageous and considerateinstruction to employers torefrain from cutting wages orallowances is based on a piece ofsubsidiary legislation – thePrevention and Control ofInfectious Diseases (MeasuresWithin the Infected Local Areas)Regulations 2020. Can a piece ofsubsidiary legislation overrideprimary laws, like the ContractsAct 1950 (Act 136), theEmployment Act 1955 (Act 265)and the Industrial Relations Act1967 (Act 177), which regulateemployer-employeerelationships?

In normal circumstances, anyconflict between a primary and asecondary law must be resolvedin favour of the primary law.However, the Government couldargue that the Regulations of2020 were authorised by aprimary legislation – thePrevention and Control ofInfectious Diseases Act 1988,which is later in time to the 1950,1955 and 1967 laws.

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“Written law” (Acts ofParliament, EmergencyOrdinances under Article150(1), State Enactments, andfederal and state subsidiarylegislation;Judge-made rules of commonlaw; andCustoms, to the extentrecognised.

"Although as citizenswe have a constitutionalright to censure freely,we must obey the rules

promulgated promptly."

In case of conflict betweenlater and former legislation, ifharmonious construction is notpossible, then “later overridesformer”. The 1988 Act and itsderivative legislation should,therefore, override anyconflicting provisions in theearlier laws on workers’ rightsand duties.

In several other areas, we needurgent legislation to protect theswathes of our populationdevastated by this stay-homeorder. There are businesseswhose sources of supply havedried up and who are unable tofulfil their contracts. Parliamentshould pass new laws to givethem the shield of the legaldoctrines of “frustration” or“force majeure”.

Daily wage earners, part-timeworkers, hawkers, taxi drivers,refugees, migrant workers andvegetable farmers face bleaktimes. There is a human rightsdimension to their plight. Let usnote that the constitutional rightto “life” in Article 5(1) includesthe right to livelihood and to thenecessities of life.

Price control is also badlyneeded. Public hospital facilitiesfor testing for the COVID-19virus are so overstrained thatthousands of people who wish tobe examined are being turnedaway or asked to go to privatehospitals, where the fees areexorbitant and profiteering isrampant. If the price of essentialgoods can be controlled, the priceof essential services shouldlikewise be regulated.

We also need innovative lawsand policies to meet theworsening health and economiccrisis. Regrettably, Parliament isnot being summonedexpeditiously to deliberate andlegislate despite the exceptionalcircumstances. Under Article55(1), no more than six monthscan elapse between the lastsitting on 5 December 2019 andthe first meeting in the nextsession, which is scheduled for18 May 2020.

Some fear that on the authorityof the Prevention and Control ofInfectious Diseases Act 1988, theconvening of Parliament can befurther postponed.

It is submitted that an ordinaryAct of Parliament cannot violatethe commands of Article 55(1).The Speaker of the DewanRakyat has to find someinnovative way, such as videoconferencing, to enableParliament to sit and deliberatebefore the six months expire.

On 27 March 2020, YAB Tan SriMuhyiddin Yassin, the PrimeMinister of Malaysia (PM)announced a generous economicstimulus package of RM250billion. A closer look indicatesthat only 10-20 percent of thepackage involves expenditurefrom the Government. The rest isabout such concessions as rentand loan deferrals, and early EPFwithdrawals by account holdersfrom their own accounts. It isworth noting that in lateFebruary, the then Interim PrimeMinister Tun Mahathir Mohamadhad announced an economicstimulus package of RM20billion without any parliamentaryauthority. The constitutionalissue is – where will the moniesthat the Government hadintended and intends to spendcome from?

First, the money could be raisedas a negotiated loan from abroador domestically, which isauthorised in Schedule 9, FederalList, Item 7(c). However, there isno indication that such a loan isbeing raised.

Second, the Minister of Financecould dip into the ContingenciesFund set up by the Constitutionunder Article 103. It is notknown whether theContingencies Fund has enoughbalance to support theextraordinary expensesannounced by the PM. Article103(1) states that “Parliamentmay by law provide for thecreation of a Contingencies Fundand for authorising the Ministercharged with responsibility for

finance, if satisfied that there hasarisen an urgent andunforeseen need for expenditurefor which no other provisionexists, to make advances fromthe Contingencies Fund to meetthat need”. The spending is thenretrospectively ratified byParliament by way of asupplementary estimate and aSupply Bill to replace the amountso spent. Though Parliament isnot in session at the time ofwriting, it can retrospectivelyratify this expenditure when itconvenes.

Third, owing to the magnitude ofour problem and its urgency,Parliament should utilise itsspecial powers under Article 102of the Constitution to authoriseextraordinary expenditure by orfor our frontline agencies andpersonnel. Article 102 authorisesexpenditure for unspecified,urgent purposes even before theSupply Bill is passed.Regrettably, Parliament is not insession to make use of Article102.

Fourth, could this money comefrom the Supply Act passed lastyear for the year 2020 underArticle 104(1)(b)? During thebudget session last year,Parliament passed a Supply Act2020 (Act A1608) of RM297billion for all the relevantministries, governmentdepartments and statutory bodies.Of this, RM241 billion was foroperating expenses and RM56billion for developmentexpenditure. The Ministry ofHealth was allocated RM29.7billion for year 2020.

Due to the health crisis, couldallocations approved byParliament for one Ministry betransferred to another agency oranother purpose by the executiveon its sole authority? It issubmitted that the law does notpermit the executive to resort tosuch reallocation. Article 101specifies that if an appropriationis insufficient, or if noappropriation was made, or ifexpenditure exceeds the moneyallocated, then the executive

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must go back to Parliament witha supplementary estimateand a Supply Bill. Parliament'sintervention is needed.

It appears, therefore, that despitevery noble intentions, theGovernment cannot withdrawany money for the stimuluspackage from the ConsolidatedFund. What can be done to tacklethe issue? From the constitutionalpoint of view, three courses ofaction may be adopted to legalisethe stimulus package.

First, the PM should rely on theDewan Rakyat’s Standing Order11(3) to convene an urgent, one-day meeting of the DewanRakyat to deliberate on thecontent and the efficacy of thestimulus package and to obtain aResolution. Making promises ofsuch magnitude to desperatepeople without parliamentaryauthority is an affront to the

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Constitution and to the role andfunction of the legislature asthe keeper of the purse ina parliamentary democracy. Therelevant Standing Order states:

In this special session, no otherissue including a vote ofconfidence or no-confidence

If, during an adjournment ofthe House, it is represented toTuan Yang di-Pertua by the

Prime Minister that the publicinterest requires that the Houseshould meet at an earlier datethan that to which the Housewas adjourned, Tuan Yangdi-Pertua shall give noticethereof forthwith and the

House shall meet at the timestated in such notice. The

business set down for that dayshall be appointed by thePrime Minister and notice

thereof shall be circulated notlater than the time of the

meeting.

In Stephen Kalong Ningkan v Government of Malaysia[1968] 2 MLJ 238, Lord MacDermott of the PrivyCouncil opined that emergency is not confined to threatsto the security or the economic life of the nation, but alsoincludes such diverse events as wars, famines,earthquakes, floods, epidemics and the collapse of civilgovernment. The COVID-19 pandemic is without doubtan emergency under Article 150(1).

Prevention and Control of Infectious Diseases Act1988: Section 5 of the above Act enables the healthauthorities to seek assistance from other governmentdepartments. Under this section, “Police, customs andimmigration officers and officers from other governmentdepartments and agencies shall render such assistance asany authorized officer may request for the purpose ofenabling him to exercise the powers vested in him bythis Act or the regulations made under this Act”. It is,therefore, possible for the health authorities to seek helpfrom the police and the army.

National Security Council Act: Under section 5(a) ofthe Act, the National Security Council (NSC) can controland coordinate “Government Entities” on operationsconcerning national security. A “government entity”includes any authority established by law: section 5(2).

deems necessary in relation to the security area in theinterest of national security.

The executive order issued by the Council may include thedeployment of any Security Forces or any other relevantGovernment Entities to the security area.

Under section 24(1), the Director of Operations may directany member of the Security Forces in the security area tocontrol or prohibit the use of any road or water-way in, orair space above, any security area by any person or anyvehicle, vessel, aircraft or conveyance; or to close any roador water-way in the security area.

Under section 24(2), if a member of the Security Forces inthe security area believes on reasonable grounds that adangerous thing is in or on any vehicle, vessel, aircraft orconveyance in the security area, the member of the SecurityForces may do anything necessary to stop the vehicle,vessel, aircraft or conveyance, including erecting barriers orother structures.

The power of the NSC relates to Security Forces and notjust the police.

Under section 42(1), the Prime Minister may makeregulations for the purposes of carrying out or giving effectto the provisions of this Act. The Prime Minister may makeregulation to control the movement of persons, vehicles,vessels, aircrafts and conveyance in any security area; toprescribe any prohibited action and activities during theperiod of the declaration made under section 18; and tocontrol the movement of any person or any vehicle, vessel,aircraft or conveyance in and out of the security area,including to direct to leave the security area and to refuseentry into the security area.

Under section 18(1) the expression “security in any area”is defined very broadly to include any threat by anyperson, matter or thing likely to cause serious harm tothe people, economy or any other interest of Malaysia.This means that the NSC’s powers are not limited towars, insurrections or riots, but extend to economicthreats.

Section 19(1) states that upon a declaration being made,the NSC may issue an executive order to the Director ofOperations or such Government Entities as the NSC

should be allowed by theSpeaker. If the “socialdistancing” consideration isseen as a hurdle to the conveningof Parliament, then videoconferencing can be resorted to.Alternatively, the “quorum rule”could be utilised.

Under Standing Order 13 of theDewan Rakyat, the quorum forthe business of each sitting is 26!The Government and theopposition could work out a dealto reduce the number of MPsrequired to attend the sitting.Fifty or so MPs could be pickedto attend, and the numbers couldbe divided 25 to 25 between theGovernment and the opposition.This will permit a meaningfuldebate as well as maintain thenecessary social distancing in theHouse of 222 MPs.

Second, if the PM is reluctant tosummon an urgent meeting of

Parliament, then he can rely onArticle 101 to prepare asupplementary estimateshowing the sums required orspent and lay a Supply Bill in theDewan Rakyat when Parliamentmeets in May.

Third – and this is not arecommendation – the Yangdi-Pertuan Agong, acting on theadvice of the prime minister,could proclaim an emergencyunder Article 150 and thenpromulgate such EmergencyOrdinances under Article150(2B) as circumstances appearto him to require to meet thehealth and financial emergency.It is noteworthy that“emergency” under Article150(1) covers a threat to the“security or the economic life, orpublic order in the Federation”.

Whatever path is chosen, theConstitution must prevail intimes of stability as well as crisis.

The Armed Forces have beencalled out to assist the Police toenforce the Prevention andControl of Infectious DiseasesAct 1988. Some people arequestioning whether it is legallyjustifiable to recruit the armedforces to enforce such orders. Itis submitted that though there areno clear-cut provisions in theArmed Forces Act, it is possibleto justify the recruitment of theArmed Forces to assist the policeunder the Prevention and Controlof Infectious Diseases Act 1988(Section 5) and the NationalSecurity Council Act Sections5(a), 18(1), 19(1), 24(1), 24(2)and 42(1).

Critics have wondered whetherthe federally passed Preventionand Control of InfectiousDiseases Act can interfere withpeople’s freedom of religion tocongregate for prayers andpilgrimages. It is submitted thatfreedom of religion is subject byArticle 11(5) to “any general lawrelating to public order, publichealth or morality”. ThePrevention and Control ofInfectious Diseases Act is such alaw and it authorises

constitutionally permissiblerestrictions on the exercise offreedom of religion. Anotherissue raised by somecommentators is that, except inrelation to the Federal Territories,Islam is a matter within statejurisdiction and, therefore, the ban on Friday prayer and tablighgatherings must be issued bystate Islamic authorities and notthe Federal Government. Theanswer to this objection is found,firstly, in Article 11(5), whichapplies to all religions; secondly,to the federal power overmedicine and health in Schedule9, List I, Para 14; and thirdly, theconcurrent power over publichealth and prevention of diseasesin Schedule 9, List III, Para 7. Incase of conflict between a federallaw and a state law, Article 75mandates that federal lawprevails if any state law isinconsistent with a federal law.

According to Article 80(1), theauthority of the executive is co-terminus with the authority of thelegislature so that whatever iswithin the legislative power isalso within the power of theexecutive. Further note may betaken of Article 81 that theexecutive authority of every Stateshall be so exercised as to ensurecompliance with any federal lawapplying to that State; and as notto impede or prejudice theexercise of the executiveauthority of the Federation. Itfollows that the power of theStates over Islam must not beexercised to thwart or defeat anyof the provisions of thePrevention and Control ofInfectious Diseases Act 1988.

If there is any further doubt, thenthe Conference of Rulers mustsummon an urgent meeting toresolve the issue by exercisingthe royal power of the Sultansunder Article 38(2) to deliberateon any matter they think fit andissue instructions to theirreligious officials to postpone allMuslim religious gatherings tillfurther notice.

In addition, Article 3(2) permitsthe Sultans to authorise the Yang

di-Pertuan Agong to representthem on any matter of Islam. Dueto the approaching Ramadan,there is the likelihood oflarge gatherings at nightlyRamadan bazaars. Many of thefaithful may also wish to performnightly terawih prayers at their neighbourhood mosques. Ashead of the religion of Islamin their territories, TheirMajesties need to instructmosques and local authorities totake the necessary precautionsand keep the shutters down.Islam permits faith and reason togo hand in hand.

This article was adapted from “Reflectingon the Law”, The Star, 26 March 2020. ShadSaleem Faruqi is Holder of the Tun HusseinOnn Chair, ISIS Malaysia

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Preparing for aNew Normal

BY RYAN CHUA

The scale and pace of how COVID-19 has evolved from a localisedpublic health crisis into a full-blownglobal pandemic has caused majorreverberations and even upheavalsthroughout the world. The situationhas clearly outpaced the 2003SARS outbreak, leavinggovernments scrambling to savelives, economies and strugglinghealthcare systems.

Judging from their reactions so far,it is fair to say that manypolicymakers did not expect such aquick deterioration of conditionsfrom an outbreak that only fourmonths ago seemed well containedin Wuhan specifically and Chinabroadly.

Various measures have been takenglobally to “flatten the curve” ofexponential transmission rates so asto not overwhelm healthcaresystems. These range across stay-home notices, partial lockdownsand outright travel bans.

Malaysia’s initial two-weekMovement Control Order (MCO),which began on 18 March 2020,restricted interstate andinternational travels; it has sincebeen extended until 14 April 2020following continued increase incases.

While full credit should go to ourfirst responders and frontliners –from both the public and privatesectors – we need to reflectupon our institutional capacity tomanage current and future crises.

Governments around the worldhave had to scramble to find waysto manage an unprecedented crisiswith varying levels of success.While Malaysia has done wellcompared to its peers, do we havethe institutional capacity tomanage present and future crisesto come?

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We have reached an inflectionpoint, where disruptions due toCOVID-19 threaten to becomeour new normal.

Can we handle this crisis and thenext one? The current crisis hascertainly demonstrated the bestour institutions have to offer,namely the tremendous efforts ofour Ministry of Health. Albeitsome hiccups at the start, theMCO has been relativelysuccessfully implemented and theRM250 billion stimulus packagewas well-received.

As a whole, it seems thatMalaysia has done better inmanaging this pandemiccompared to some moredeveloped Western countries.However, as many countries arestruggling to best manage a crisisof this scale, Malaysia is nodifferent. Actions thus far havebeen largely reactive to the issuesas they come.

The discovery of the Sri Petalingtabligh cluster in early March isone such instance – where thescope of proactive governmentaction only broadened after casenumbers spiked even though wereceived our first COVID-19case in late January.

From a macro perspective,Malaysia has been stagnating at acrossroads for numerous years,where solid economic growth hasnot led to concurrent growth inthe nation’s technological andinstitutional capacities. Perhapsthis global pandemic will forceus to recognise and make thechanges necessary, especially ininstitutional reforms.

Let us be clear, however, asimportant as institutional reformis, it is also an overused phrase –often employed withoutmeaningful appreciation for theexact type of reforms to beundertaken. We end up engagingin repetitive surface leveldiscourse without doing more tobroaden and deepen institutionalcapacities. As this pandemic islikely to continue dominating

the headlines in the weeks andperhaps months to come, thegovernment must prepare itsinstitutions and the civil serviceto deal with continued and long-term disruptions. We must ensurethat our institutions are resilientand adaptive enough to handlecurrent and emerging crises.Hence, there needs to be anoverhaul in how institutionsthink, plan and act.

As Malaysia practices aparliamentary democracy, electedpoliticians play a role in lendinglegitimacy and accountability tothe decision-making processes ofthe executive. However, wecannot rely solely on politicians,who are usually measured bytheir ability, to be elected andre-elected. This needs to bebalanced with institutions – ledby competent technocrats – thatcraft policies based on scientificand empirical evidence.

Given how COVID-19 hasplayed out following the politicalcrisis that led to the formation ofthe ruling Perikatan Nasionalcoalition, there is a heightenedperception that experts shouldlead the way in these uncertaintimes because a government ismore than just its politicalleaders. Despite what some mayhave thought, the peacefultransition of power in thegovernment has become anaccepted norm.

The next steps in reform thatmust take place need to be lesspolitical and focus instead oncompetence. The broad thinkingand policies that guide strategicissues, such as public health andinternal security, ought to outlastpolitical cycles that typically runfor four to five years.

Institutional capacity must beenhanced to ensure that policiesare being developed in view ofthe long-term instead of thesensational; to be proactive ratherthan reactive; to adapt to newneeds of the times.

Malaysia used to excel in this

through its five-year MalaysiaPlans, Vision 2020 andMultimedia Super Corridor.However, countries like China,South Korea, Taiwan andSingapore have leapfrogged usthrough greater advancements intechnology and competence.

For example, Singapore utilisesfuture studies through the Centrefor Strategic Futures within theirPrime Minister’s Office to buildcapacities, develop insights intoemerging trends andcommunicate projections todecision-makers for informedpolicy planning.

Future studies is not the same asgazing into a crystal ball. It isbased on empirical methodsstudying various emerging trendsto gain insights on potential andprobable futures that lie ahead.There is a need for a similar setupwithin our own government,which will better prepare us forthe possibilities to take advantageof and build resilience againstdifferent risks.

For example, it may have allowedthe government to take heed ofthe warnings of scientists that hadtracked the “re-emergence ofSARS and other novel virusesfrom animals or laboratories” wayback in 2007.

Future studies has the potential toencourage technocracy andtechnology as central tenets ofpolicymaking and governance. Ithighlights the need for betterpredictive capabilities to enableour institutions to foresee trendsand draw up evidence-based plansin time for the next big thing tocome, be they pandemics or newtechnologies.

The COVID-19 pandemic hasalso highlighted how quickly andeasily a public health issue canoverlap with internal security andlaw enforcement.

This further underscores the needfor a whole-of-governmentapproach to ensure that“government agencies [work]

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together across borders to sharethe organisation’s portfolio ofactions to resolve specificissues”, as stated by theMalaysian AdministrativeModernisation and ManagementPlanning Unit (MAMPU) in itswebsite. In simpler terms, itmeans collaborating together toact as a whole entity instead ofseparated silos to resolve policyissues.

For example, in this currentCOVID-19 crisis, the Ministry ofHealth has to work in tandem –through deeply integrated policyprocesses – with the lawenforcement under the Ministryof Home Affairs, as well as withother relevant portfolios, such asdefence, and communicationsand multimedia.

Crucially, it is not about theindividual priorities of separateministries and agencies, butthe collective mission of servingthe people’s best interests andcatalysing holistic sustainabledevelopment.

This requires a clear hierarchyfor decision-making balanced with appropriate flexibility and

Ryan Chua is Researcher in Techonology,Innovation, Environment and Sustainability(TIES), ISIS Malaysia

interlinkages from differentdomains.

It also needs a clear reportingstructure and culture to supporterror reporting and theidentification of potential issues– delivering feedback that isneeded at all levels to makeinformed decisions especially intimes of crisis.

Altogether, institutions across theboard need to walk thegovernment’s talk to builda systematic approach to addressrisks and threats to the nation.

The old ways of working in silosare no longer tenable. Publichealth issues must now also beframed as a security issue forconsideration, as is food security and climate change.

More questions will be askedof the government, for instance,whether the rules of today willbecome our new normal, whethertechnology will be utilised formass testing or if the technologydeveloped could be an invasionof privacy. These issues need tobe on the mind of ourpolicymakers and institutions,where ultimately, it is not aboutwhat institutions do, but ratherthe impact they have on thepeople.

The rakyat rely on institutions toguard against new hazards andprovide opportunities forprosperity. Therefore, it is hightime to reinvent the wheel ofgovernment that better reflectsthe needs and trends of thepresent and future times.

"In the face of aglobal pandemic, it hasbecome imperative toask ourselves: What isthe role of governmentand institutions today

and tomorrow?"

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BY PUTERI NOR ARIANEYASMIN, MUHAMMADSINATRA AND THOMASDANIEL

There are two issues to consider.First, there is the role that theMalaysian Armed Forces (MAF)can play in a public health crisis. Itsmagnitude would largely depend onits healthcare capacity andcapabilities. Second, whether or notthere is sufficient space for amilitary operation within the widercontext of a public health crisis.This includes the justification andobjective of the operation, as well ascivilian cooperation.

To begin with, policymakers couldexplore the conditions thatnecessitate the deployment of theMAF’s medical assets. Thefollowing questions are worthasking: (1) Is the current situationconsidered urgent enough for such acourse of action?; (2) Are theMAF’s assets the right sources totap on?; and (3) Will a more visibleand expanded role for the militarycause any discomfort for the public?

If the answer is “yes” to the firsttwo questions, then the governmentmust communicate the reasons forthe deployment to allay anypotential fears that could developamong the general public. MostMalaysians are not accustomed toseeing troops – armed and incamouflage – operationallydeployed, especially in towns andcities. Only older Malaysiansremember the security restrictionsof the Emergency and the aftermathof the 13 May riots – the last timetroops were out in force.

The MAF has been deployed since21 March to help patrol andenforce the MCO in response toCOVID-19. At the time of writing,the MCO has been extended twiceand is now set to end on 28 April2020. During this prolongedperiod, some thought should begiven to the possibility of theMAF’s expanded role in the crisis.

Expanding theMilitary’s Role?

26focus

manage infectious diseaseoutbreaks. As with othermilitaries elsewhere, fieldhospitals are mostly tailored tosupport those wounded in combator humanitarian missions.Nevertheless, military doctors, medical assistants and nurses canprovide a valuable service inalleviating the workload of theirMinistry of Health (MoH)counterparts.

The practices in other countriesprovide examples. In the UnitedStates, US Naval Hospital ShipComfort has been deployed inNew York Harbour to provide anadditional 1,000 beds. In China,military scientists have startedclinical trials for a vaccine, whilein Russia, military medics andsupplies have been sent to helpSerbia’s response to COVID-19.

Besides its role in medical andhealth services, there are othercapacities in which the militarycould be of assistance during theMCO. Both the current DefenceMinister and former DeputyDefence Minister havehighlighted a number of these.They include disinfection efforts,setting up tents for healthcareworkers to rest in, flying patientsto intensive care centres,assisting the rakyat if the MCOshifts to a more extreme“lockdown” and logisticssupport. Indeed, the MAF isalready doing a number of these.

Perhaps where the MAF could bemost effective is in helping toease the burden of the police inenforcing the MCO, so that thelatter is freed up to assist theMoH in contact tracing for thosewho have tested positive or aresuspected of contracting thevirus. This remains a majorchallenge in Malaysia’s responseto COVID-19 given the numbersof the tabligh gathering in SriPetaling and other emergingclusters. According to HealthDirector-General Datuk Dr NoorHisham, as of 3 April, the tablighgathering itself has led to afifth-generation cluster ofinfections, with 3,000

participants yet to be tested and apossible infection rate of up to40,000 people.

Another possible role for theMAF is to assist in identifying,testing and quarantiningundocumented refugees, asylumseekers and migrants. Theexperience is already there givenrecent MAF humanitarianmissions for the Rohingyarefugees in Cox’s Bazar.However, some thought must begiven to the lack of trust in thesegroups of people towards anyonein uniform offering help andprotection during the MCO. Thiscalls for greater cooperation withthe United Nations HighCommissioner for Refugees(UNHCR), non-governmentalorganisations (NGOs) andrefugee community groups. Thenew arrivals of the Rohingyarefugees in Langkawi on 5 Aprilalso indicate that MAF personnelare needed to enforce tightersecurity of our land and seaborders in order to confront thelikely risk of more refugeestaking advantage of the pandemicand making their way toMalaysia.

In any conversation about therole of the MAF, however, animportant issue that needs to beaddressed is the “securitisation”of the COVID-19 response. Thisis imperative to avoidoverlooking and overwhelmingboth the health and economicaspects in managing a publichealth emergency, to ensure thatall response measures are not justlegal, but constitutionally sound,and to also protect the MAF aswell as other law enforcementofficials from contracting thevirus.

For a classic example of whathappens when a public healthcrisis is dealt with through asecurity lens, look no further thanthe Polis Diraja Malaysia’s(PDRM) restrictions on interstatetravel, which led to largegatherings at police stations toobtain a travel permit.

27 focus

The sight of the military beingdeployed on social media,television and in newspaperscould inadvertently lead to morepanic buying and hoarding –something that the country doesnot need.

Transparency is crucial in orderto avoid panic. Furtherdeployment of the MAF’s assetswill mean more public exposure.It follows that information aboutsaid assets will become public.However, this is not necessarily acause for concern because thereis a clear difference betweenbeing transparent and informativeon the capacity and functions ofthe military, and disclosingmilitary secrets or sensitivetechnical data.

Another potential complicationcomes from the lack ofinformation within the defencebudget beyond the broadcategories of operational anddevelopment expenditure. Thereis no information, for example,on the specific allocation to themilitary health service, whichwould then give us an idea of theresources that are currentlyavailable and what is needed.

Sources indicate that while theMAF does have technicalcapacity and expertise, it fallsshort on quantity particularly ifthey have to be deployed on anationwide scale. For example,while the 12 Squadron RejimenAskar Jurutera Diraja (RAJD) aretrained and equipped to manageChemical, Biological,Radiological, Nuclear andExplosive (CBRNe) threats,supplies of personal protectiveequipment (PPE) are, however,limited. In terms of resources, theMAF must dip into the same poolas civilian agencies. This mighthave changed since theMovement Control Order (MCO)has come into force and moreresources are allocated to procuresuch equipment.

It is also unclear if the fieldhospitals that Kor Kesihatan Diraja can set up are equipped to

At a time when health authoritieswere advising social distancingand staying in place to flatten thecurve, this and the subsequentexodus of city dwellers andstudents back to their hometownsand villages before travelrestrictions were imposed createdoptimal conditions for the furtherspread of the virus. Moreover,conflicting narratives betweenthe National Security Council(NSC) and the MoH on masksled to conflicting standards ofprocedure for those in essentialservices and further confusionamong the public.

It should also be made clear thatparticipation of the securitysector, both the military andpolice, is to assist the securityaspects of the government’spandemic response based on theadvice of the MoH. Managing apandemic is not, and should not,be a military or police operation.In other words, the MoH mustcontinue to be the lead ministryin Malaysia’s response, with theMAF largely playing a

Thomas Daniel is Senior Analyst; and PuteriNor Ariane Yasmin and Muhammad Sinatraare Analysts in Foreign Policy and SecurityStudies (FPSS), ISIS Malaysia

supporting role. SecuritisingMalaysia’s response risks thesidelining of medical, scientificand socio-cultural imperatives infavour of policies that only makesense in a security mindset.

The procedural and hierarchicalnature of the wider Malaysianbureaucracy in the managementof this pandemic is another issuethat needs to be paid attention to.The response to this pandemicnecessitates a whole-of-government response and,unfortunately, this is where theAchilles heel of mostbureaucracies come to the fore –in terms of a lack of inter-agencycommunication as well asagencies working in silos. Thiswas a clear problem in the firstweeks of the MCO and is still anissue, though much reduced.

Navigating the power dynamicsamong agencies involved isessential in ensuring theefficiency and efficacy of theentire operation. How thegovernment will achieve this,

especially in light of someglaring policy inconsistencies,will be something to anticipate aswe press on further into the MCOperiod and beyond.

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"...the MoH mustcontinue to be the leadministry in Malaysia’s

response, with the MAFlargely playing asupporting role."

Throughout the COVID-19 MCO, digital trade has been aboon in not only connecting businesses to consumers, but

also serving as a lifeline for MSMEs and informalworkers. Given that digital trade is beneficial in

maintaining employment and livelihood in crucial times ofemergency, on top of its benefits during “ordinary” times,

the government needs to rethink – or better yet, strikewhile the iron is hot – on how to further encourage digital

trade among MSME entrepreneurs in the country.

BY JUITA MOHAMADAND FARLINA SAID

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Digital Trade: A Boon Duringthe MCO and Beyond

More than three weeks into theMovement Control Order(MCO), digital trade – generallyreferred to as digitally-enabledtransactions for goods andservices delivered physically ordigitally – has played asignificant role in connectingbusinesses to consumers. Despitethe restriction on movement inplace, goods and services remainlargely accessible, with paymentsbeing able to be made with littleto no contact. This puts digitaltrade adopters at ease with itsreliability and efficiency.

As a whole, digital trade duringthe MCO has been a boon forMalaysia. According to FMT on18 March, the first day of theMCO, companies like GrabFoodand Foodpanda – whose digitalplatforms connect food andbeverage outlets to customers –recorded more than a 30 percentincrease in orders. There werealso spikes in registrations formarts and restaurants to get listedon similar platforms. Forexample, a competitor,DeliverEat.my, observed a 300percent increase in the number ofrestaurants wanting to register onits platform.

This uptick in demand benefitsnot just the food and beverageoutlets, but the wider ecosystemas well. Emblematic of this ishow – in response to the increasein orders on its digital platform –GrabFood had to fortify itsdelivery logistics chain byincluding GrabCar driversalongside its existing motorcycleriders. What this means is thatdrivers and riders alike – oftenconsidered as part of the gigeconomy – who would otherwisebe at a loss due to the MCO, areable to make an income, albeitwith additional risks.

During the lockdown, othercompanies are following suit byincreasing their use of digitaltools as a means to reach andmaintain customers. Thebookstore MPH Malaysia isoffering free delivery for booksbought online, although withsome delay in delivery.

According to The Star on 7 April,four restaurants have diversifiedtheir services into deliveringfresh vegetables to theircustomers in Klang Valley duringthe MCO. Benefiting from theirsupplier network of small-timefarmers located in Bentong andCameron Highlands, therestaurants started deliveringfresh vegetables and meat tomeet the high demand of theseproducts from their currentcustomer base. These customerscan place their order and makepayment through bank transfers aday before delivery.

Additionally, online shoppingplatforms have also stepped in tohelp the farmers in CameronHighlands who were cut off fromtheir consumers, leading towasted produce. Here, Lazadahad stepped in to market theirproduce online and have sinceconnected these farmers withconsumers through their deliveryservice. Through this act ofdigitalisation, wastage has beencurbed and the livelihoods offarmers secured.

Smaller sundry shops have alsobegun to join the digitalisationbandwagon by accepting bothonline orders and paymentsthrough bank transfers from theircustomers. To cater to customerswho want to reduce contact withothers during grocery shopping,these sundry shops also offer freedelivery services to theirimmediate community during theMCO. Uniquely, due to thesmaller nature of sundry shopbusinesses, orders can even bemade directly through WhatsAppwith minimal operating costs.

Given that digital trade isbeneficial in maintainingemployment and livelihood incrucial times of emergency, alongwith its benefits during ordinarytimes, the government needs torethink how to further encouragedigital trade. Making this point ishow while there are 28.7 millionMalaysians online, the WorldBank’s 2018 Report onMalaysia’s Digital Economyhighlights that tech adoption by

Malaysia’s industries can beselective.

Slightly more than 70 percent ofbusiness establishments with anInternet connection would sendor receive email while Malaysia’smanufacturing sector wouldutilise cyberspace forcommunication and bankingpurposes.

To that end, businesses need tosee digitalisation as the wayforward. However, there arebarriers to digitalisation whichwill need to be overcome by thedifferent stakeholders at play,including those in the public andprivate sectors.

Firstly, digital trade would bestbe facilitated by access. Asmentioned above, more than 28.7million Malaysians are online,with the most number of fixedbroadband connections being inKuala Lumpur (265 percent)while Sabah being the leastconnected (82 percent). Thelimitation of access to adequateInternet bandwidth would be aninhibitor for participation indigital trade, thus providingunequal opportunities to digitallyenabled wealth.

On the aspect of digital access, itwould only make sense ifbusinesses and consumers areable to digitalise accordingly.The success of businessesadopting new technologies wouldbe dependent on the ability totransform brick-and-mortarprocesses and the ability tosecure the talents needed forsystems to function with a highdegree of security, and theresources to ensure thesetransformations can be realised.

Further to the point ofdigitalising accordingly, theremust also be a questioning ofpast advice. Early programmesof Malaysia Digital EconomyCorporation (MDEC) tended tofocus on e-commerce adoption,which resulted in the increase indigital transformations towardsclient-facing systems overinternal operations and

30focus

management structures. This isill-suited today following theemergence of COVID-19 asprocesses commonly done in theoffice, or through physicalinteractions, are significantlyreduced for non-essentialservices.

Meanwhile, according to the2018 Malaysian Communicationsand Multimedia Commission(MCMC) e-commerce surveythat looked at consumer concernsabout online purchases, amongthe main concerns were related topreference and trust of thesystems. While figures post-MCO may indicate a growth ine-commerce consumers, theprotection of users online shouldremain imperative. Inculcatingtrust either through certifiedbodies, greater regulation andawareness campaigns would beuseful in preparing the ecosystemfor digital trade.

Additionally, Internet accesscoupled with competition lawwill make the playing fieldamong businesses more even,especially between formalestablishments and the formerinformal enterprises participatingin digital trade. By imposingrules for players online, thegovernment has introduced acertain set of standards andnorms that govern the digitaltrade arena.

These rules can be changed

and upgraded at any time.An important component ofdigital trade includes how tax iscalculated for these enterprisesand how data is shared within theecosystem which is inclusive ofdata shared with the authoritiesand players beyond the nationalborder. In this case, the issueconcerning data transfer and datalocalisation needs to be revisitedespecially when Malaysia hasrestrictions on data sharingbeyond its borders.

When the rules and regulationsconcerning digital trade arehighlighted clearly, coupled witha strong foundation in thee-commerce blueprint, it can alsoprovide guidance to micro, smalland medium enterprises(MSMEs) if they wish to beincorporated into regional valuechains. Such an effort has alreadytaken place in October 2017 withthe establishment of Alibaba’sDigital Free Trade Zone (DFTZ)in Malaysia, the first of its kindoutside China, where it aims toassist SMEs in their exportingactivities.

The DFTZ also nurtures athriving ecosystem that drivesinnovation in the e-commerceand Internet economy inASEAN. The Ministry ofInternational Trade and Industry(MITI) projected that such aninfrastructure can propel growthof e-commerce from a mere 11percent to 20 percent in 2020.

Juita Mohamad is Fellow in Economics,Trade and Regional Integration (ETRI);and Farlina Said is Analyst in Foreign Policyand Security Studies (FPSS), ISIS Malaysia

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Such platforms, when usedcollectively and widely, canprovide local MSMEs with moreopportunities and access to abigger market beyond Malaysia,both in ordinary and emergencytimes.

Hopefully the momentum can besustained and greater ingenuitybe considered for more efficientprocesses and better delivery ofservices.

"In conclusion, thepromise of a digital

future is most hopefulnot only for Malaysians

to find economic,psychological or social

solace in times ofphysical distancing,

but also for there to begrowth in new

economic frontiers."

Has the PandemicAccelerated the Growth ofTechnology?The global health crisishas opened the door for abigger role of technology,assisting efforts in fightingCOVID-19 and helpingcitizens adapt to a new wayof life. As opportunitiesunfold, technology – beinga double-edged sword – isalso acting as a conduit forthose wanting to takeadvantage of the crisis.Moving forward, cautioussteps are vital astechnological emergencymeasures could alsoexpose citizens tovulnerabilities that violatehuman rights and privacy.

BY MOONYATI YATID

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machines facilitatecommunications between doctorsand coronavirus patients throughvideo chat functions to reducethe risk of infection.

Meanwhile, South Koreaemployed a tracking system thatis more social-centric, in whichusers are informed of nearbyinfection cases to allow them totake early precaution measures.They have also used drones tospray disinfectants in coronavirushot spots.

In Taiwan, its digital policingapproach leverages on big dataanalytics – integrating itsnational health insurancedatabase with immigration andcustoms databases. Thisintegrated system provides real-time alerts on patients that matchspecific travel history andclinical symptom criteria to assistcase identification. Taiwan alsodeployed the QR code trackingsystem to identify those needinghome quarantine, as well as tomonitor their location duringquarantine.

In Malaysia, the governmentimplemented the MovementControl Order (MCO) to combatthe spread of COVID-19.Announced by Prime MinisterMuhyiddin Yassin on the night of16 March, and to last for twoweeks in the initial phase, therestriction on travels andcompelling most to stay at homecaught many by surprise.

Notably during this period wherea majority of Malaysians arestaying home, the growing roleof technology in daily lives isobservable. This includes theusage of conference calls to carryout otherwise ordinary work-related and social interactions,the use of e-learning to ensurecontinuity of students’ education,and even the live streaming ofperformances by artists and homeworkouts by instructors foronline viewers, which are all fastbecoming a norm.

While some say that this crisis is

forcing citizens to rely ontechnology much more thanusual, others see technology as ameans to continue their dailytasks amidst the disruption faced.For instance, while it was firstannounced that courts would beclosed for the duration of theMCO, its subsequent extensionhas encouraged the Malaysianjudiciary to take the bold step ofconducting virtual hearings.

A pilot programme to curb thespread of COVID-19 – a mobileapp called MySejahtera – hasbeen launched for citizens tocarry out health self-assessments;this includes a tracing exercise.The application also helpscitizens identify nearby hospitalsand clinics for COVID-19 testingand treatment as well as guidesthem on what to do if theycontract the virus.

Surveillance technology is alsobeing adopted to enforce theMCO with drones beingdeployed to assist the lawenforcement frontliners tomonitor public compliance.Equipped with heat-sensingtechnology and speakers, thedrones are used during both dayand night to monitor publicmovement in town centres andred zone areas, as well as toconvey information to citizens.

Meanwhile, Sarawak has rolledout a digital surveillance systemthat requires those beingmonitored to wear a QR-codedwristband. Using these trackingdevices, Sarawak aims to monitorand control the spread ofCOVID-19 at all its Points ofEntry (POE). Further, accordingto Khairy Jamaluddin, Ministerof Science, Technology andInnovation (MOSTI), anapplication is being developed toassist with contact tracingespecially after the MCO islifted.

All that said, it is worthremembering that parallel to howtechnology is being used toaddress the COVID-19pandemic, it is also serving as a

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When China first alerted theWorld Health Organization(WHO) about the novelcoronavirus, COVID-19, on 31December 2019, it was alreadyspreading at an alarming rate.Wuhan, the centre of theepidemic, and soon the rest ofChina, struggled in the battle tofight the virus – as the worldwatched. Four months later,COVID-19 has spread to 210countries and territories, infectedmore than 2 million people andcaused the deaths of more than130,000 patients.

Countries globally are puttingvarious measures to combat thehealth crisis, which the WHOdeclared a pandemic on 11March. China leveraged on itsadvanced technology capacityespecially the artificialintelligence (AI) sector to assistthe efforts to combat COVID-19.For instance, infectious diseasemodels were developed to assessmeasures, provide suggestionsand offer early warning signals,while deep learning models wereused to predict potential virushosts, and machine learning wasused to support drug discovery.

China also used its advancedsurveillance tools via automatedtemperature monitoring andtracking devices to analyse 300people every minute, andidentified those who werewithout facemasks throughalgorithms and facial recognitiontechnology. A health checkapplication using quick response(QR) code was deployed in morethan 200 cities; the systemdetermines whether one ishealthy and safe to be aroundothers or not.

Through its system, the Chinesegovernment could track userswho have been alerted as needingto be quarantined, and whetherthe quarantine requirements wereviolated. China also used robotstogether with automated dialoguesystems to minimise physicalinteractions between patients andhealthcare workers. Similarlyin Thailand, “ninja robot”

demonstrates an interest toperceive one’s offline behaviouras well. Among others, this couldinclude body temperature, blood-pressure levels, current and pastlocations, and who we havecrossed paths with. Ifimplemented without thenecessary safeguards, thispandemic could mark the start ofan Orwellian surveillance systemthat invades the privacy andhuman rights of citizens and, ifleft unchecked, could be abusedby irresponsible parties.

Moving forward, to furtherleverage on technology tocombat COVID-19,collaborations and coordinationbetween various ministries andgovernment agencies are neededmore than ever. This means thatany relevant ministries need tocooperate with the Ministry ofHealth (MoH), while the latterleverages on its respective in-house experts to conduct internaland external collaborations.

So far, cooperation among theMinistries of Science,Technology and Innovation,Higher Education, InternationalTrade and Industry, andCommunications and Multimediawith the MoH is giving birth toinitiatives such as an applicationto map COVID-19 transmissionareas, speeding up the diagnostictest kit evaluation process,increasing daily testing of thecoronavirus, as well as thedevelopment of screening boothsto protect frontliners.

Domestic collaborations andcooperation should also involvethe technology-related privatesector, academia, non-governmental organisations(NGOs) and members of thepublic. Within the first week ofthe MCO, involvement of thepublic included the Malaysian3D printing and designcommunities collaborating toproduce face shields forfrontliners. Several weeks later, Huawei Malaysia donated fourtechnology solutions that allowhealthcare experts to carry out

conduit for those wanting to takeadvantage of the crisis.

Cyber-attacks exploitingCOVID-19 fears have beenobserved in various locations,including India, Czech Republicand Italy. A study by Cynetdiscovered a correlation betweenthe increasing COVID-19infection cases in Italy and therise of cyber-attack casestargeting work-from-home employees – where 35percent of personal emailsencountered cyber-attacks. WHOhas also raised the alarm thatcyber-criminals are using itsname in phishing emails totarget employees working fromhome in an attempt tocompromise the individual’saccounts and networks.

In Malaysia, just a week into theMCO, the police had opened 393investigation papers on scammersusing social media to trickcitizens regarding governmentaid and sales of face masks withtotal losses incurred reachingRM3 million so far. Further,cases of disinformation andmisinformation, which havealways been an issue inMalaysia, have been higherduring the pandemic, puttingadditional strain on efforts tocombat the coronavirus.Financial damage, promotingmisleading and dangerousguidelines, causing public panicand elevating racialdiscrimination are some of theimpacts of false informationobserved thus far. As of 10 April,a total of 207 investigationpapers related to COVID-19 havebeen opened, of which 23 caseshave been taken to court and theindividuals charged.

As Malaysia follows thefootsteps of countries like Chinaand Singapore to ramp up the useof tracking devices, we must alsobear in mind the ethical andprivacy concerns that come withit. While it may be common forbusinesses to track the onlinebehaviour of consumers, the useof tracking devices by states

remote online consultations withpatients and increase theeffectiveness of diagnosis andtreatment.

These efforts are very muchwelcomed. In fact, greaterinvolvement by the private sectoris needed as they have theresources and are more agileto mobilise implementationcompared to the government,which is encumbered bybureaucracy. This makes the casefor the private sector to step upand play a more active role. As tohow COVID-19 is indiscriminatein who it affects, responsibility inthe fight against the novel virusrequires a whole-of-societyparticipation rather than justgovernment action.

Collaboration and cooperationamong countries are alsoimportant as COVID-19 is aglobal fight – a struggle betweenhumans and an invisible enemy.Even though there are tensions ascountries struggle to securemedical supplies, food andgeneral healthcare to protect theircitizens, there are many waysthat we can help each other inthis difficult time. Singapore, forinstance, has allowed the worldto access the code of their contacttracing app for free, allowing theinternational community to adaptit to their own needs. Theseinternational collaborations willincrease the efficiency ofcountries combating the deadlyvirus.

Times of crisis such as now alsoencourage innovative thinking. Inthe past, crises stemming fromWorld Wars resulted in variousimportant inventions, such as thefirst digital computer, rockettechnology and radar systems.Not too dissimilar, during thispandemic, there is an urgent callfor innovation and out-of-the-boxthinking; Malaysia should seizethe opportunity to create a wealthof new prototypes.

Next, with physical movementsnow limited, the few meansof connecting with the “outside

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Surveillance technologies, suchas the use of contact tracing,exposes citizens to an increasedrisk of privacy violations. Iranand China have deployed state-level intelligence gathering toolsto track its population in theirefforts to combat the coronavirus.Meanwhile, Israel hasutilised surveillance technology –typically reserved for combatingterrorists – to track COVID-19patients. The extent to whichintelligence gathering tools arebeing used in these states is anindication that a more intrusivelevel of citizen tracking couldalso be implemented elsewhere.

As Malaysia enforcessurveillance technologies duringthe MCO period – and developsother types – the design andimplementation of these systemsshould be conscious of the rightsof citizens. Although publichealth is a priority, dataprotection and transparency ofhow these technologies will beadopted are some issues that needto be communicated to the publicadequately.

When the fight against COVID-19 ends, one might wonder howmuch change we need to adapt,endure and embrace. ProfessorYuval Noah Harari argues in hisarticle The World AfterCoronavirus that “…the stormwill pass, humankind willsurvive, most of us will still bealive – but we will inhabit adifferent world.”

Thus, when this global publichealth crisis ends, would we beimmersing in the use oftechnology as much as we donow during isolation? Will wecontinue to minimise humancontact? Will we allow ourselvesto be monitored through high-tech surveillance systems? WillVirtual Reality (VR) potentiallysubstitute mass gatherings?

Moving forward past thispandemic, we need to anticipatethe change in the technologylandscape and think hard on whatpolicies ought to be put in

world” is through the Internet.This will highlight the vastdifference between offline andonline businesses in terms ofcustomer reach and, ultimately,business survival. That said, thispandemic may also serve as acatalyst for the massive crossoverfrom an offline to onlinebusiness and a wake-up call forbusinesses to adopt newtechnology. Over 98.5 percent ofbusiness establishments inMalaysia are Small and MediumEnterprises (SMEs) and, in thepast, their digital adoption anddesire to implementtechnological solutions were low.Moving forward, Malaysianbusinesses should ensure anonline presence at the earliestviable opportunity whileadopting relevant emergingtechnologies under the FourthIndustrial Revolution (4IR)umbrella to ensure long-termsustainability.

To address the increasing cyber-attacks and misinformationduring this time of crisis, whilethe government continues tobe diligent in handling the issues,the public must play its role too.Concerning cyber-attacks, thepublic must be aware of thetrends of phishing emails andonline scams as well as how toprotect themselves and theirorganisations from havingimportant information stolen orincurring losses. Similarly, totackle the issue of increasingmisinformation – besides thegovernment's role in heighteningthe accountability of social mediaplatforms, creating robust fact-checking mechanisms andputting appropriate legislation inplace – the public’s digitalliteracy must be enhanced. Thepublic needs to know how tocheck facts and detectmisinformation, as well asunderstand the impacts of thespread of false information.

Lastly, the implementation ofnew technology during times ofcrisis would also mean that thereare increasing vulnerabilitiesthat need to be considered.

place. In a nutshell, while it is agood opportunity to increasedigital adoption and ramp up the4IR technological efforts,mitigating security threats fromnew technologies should alsocome hand-in-hand.

With each passing day inour battle against thecoronavirus, we are witnessingthe economy suffer and socialissues increase. Technologyadoption is no longer optional –it is now the needed solution tocushion the devastating impact ofthe pandemic.

In this, Malaysia has no room fortechnophobia. We simply cannotafford it. But moving forward,cautious steps are vital astechnological emergencymeasures could also exposecitizens to vulnerabilities thatviolate human rights and privacy.

Moonyati Yatid is Senior Analyst inTechnology, Innovation, Environment andSustainability (TIES), ISIS Malaysia

False information and rumoursthrive on fear and uncertainty,and the COVID-19 pandemicoffers plenty of both. Amongothers, these false informationand rumours have pertained tothe source of COVID-19, how itspreads, how to treat it, as well asthe plethora of conspiracytheories around it.

Hinting at the extent of theproblem in Malaysia is that as of12 April 2020, the government-linked fact-checking websiteSebenarnya.my has debunkedand clarified 279 pieces of falseinformation and rumoursrelated to COVID-19.

The likening of the fightagainst COVID-19 to a warshould neither be a rationalefor war-time measures nor afree hand to muzzle the mediaand impinge on individual freespeech. The new normal mustinclude a free media coupledwith better protected freespeech rights.

MediaFreedom andFake NewsDuring thePandemic

BY HARRIS ZAINUL

Amidst this deluge of falseinformation and rumours, the roleand responsibility of the media todisseminate authoritative andcredible information in a timelymanner cannot be understated.

Considering this, it is remiss thatthe National Security Councilhad instructed the RoyalMalaysian Police and theMalaysian Communications andMultimedia Commission to take“stern action” against onlinemedia that misreports news.

While the government’sresponse could be explained bythe alleged instances of

of misreporting, as the Centre forIndependent Journalism noted inits press statement, “these aresporadic, and often the error iscorrected by the media outlet orthrough facts and clarification asshared by the public official”.

If that much is true, then there isthe question of whether theinstruction to take stern actionagainst the media isdisproportionate.

Regardless, this call for action tobe taken against the media isunsettling as direct, or evenindirect threats, or pressure bythe government could lead to

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With the government takingaction against those who spreadfake news, these differences arenot mere semantics.

Secondly, it is worrying that“instilling hatred towards thegovernment and leaders” waslisted among the six categories offake news in the infographic.Would this mean that legitimatecriticism or dissent against thegovernment – which theoreticallycould instil hatred – then beconsidered fake news, andpotentially be punishable by law?

The above seems absurd andcontrary to the functioning of ahealthy democracy, where thoseholding public office ought to bemore open to criticism anddissent than the ordinary person.

On that note, and fullyacknowledging the legitimateneed for regulation, a newlegislation that is specificallyapplicable to COVID-19 falseinformation ought to beintroduced as argued in mypolicy paper titled “Malaysia’sInfodemic and Policy Response”.

It is worth remembering thatMalaysia’s improvement in itsmedia freedom and human rightsscores in 2019 is not the be-alland end-all, and the risk of thesehard-won freedoms backslidingcan never be ruled out.

It needs to be underscored thatthe relatively freer environmentfor the media and speech was aresult of administrative decisionsby Pakatan Harapan, rather thana wholesale repeal or amendmentof the plethora of legislations thatcould curtail media freedom andfree speech.

With the exception of the Anti-Fake News Act 2018, which wasrepealed in December 2019,these remaining legislations,among others, are the SeditionAct 1948, Printing Presses andPublications Act 1984, and theCommunications and MultimediaAct 1998.

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self-censorship in newsrooms,affecting the media’s capabilityto act as a watchdog for publicinterest.

In the same vein, as the media isoften the rights bearer andbellwether for free speech, anyrestriction on media freedomoften precede the erosion of otherfundamental rights. Relatedly, thegovernment’s treatment of themedia tends to portray its actualunderstanding and appreciationof wider free speech rights.

That said, the decision to takestern action is counterproductiveto ensuring the media holds itselfto higher standards. To meetthis goal, and reduce incidents ofmisreporting, the formalisation ofan independent Media Council ispivotal.

As an industry regulator, anindependent Media Councilought to be mandated todetermine professional standardsfor its members, with sanctionsto reprimand members who failto meet these standards.

By reducing governmentoverreach into the mediaindustry, the latter will be moreresilient towards the ebbs andflows of political machinationsand interference. This will onlybe a positive for those whosubscribe to democratic andhuman rights norms.

Meanwhile, in an attempt toeducate the public on the impactsof fake news, CyberSecurityMalaysia had created aninfographic to categorise thevarious types of fake news andits purported impacts. Possiblydone with good intentions, thishas led to multiple problems.

Firstly, CyberSecurity Malaysia’sreliance on the term "fake news"obfuscates the already incrediblyvague and politically-chargedterm. This is a disservice to thegrowing literature that moreaccurately categorises thetypology of falsehoods, such asthose published by First Draft.

This article first appeared in Malaysiakinion 13 April 2020. Harris Zainul is Analyst inEconomics, Trade and Regional Integration(ETRI), ISIS Malaysia 

With scientists now warning thatthe COVID-19 pandemic wouldlead to a new normal, this mustinclude a free media coupledwith better protected free speechrights.

While some have likened thefight against COVID-19 to a war,this should be taken as a messageto instil urgency to act, ratherthan a rationale for wartimemeasures. It must be emphasisedthat what is essentially a publichealth crisis does not, and shouldnot, grant the government a freehand to either muzzle the mediaor impinge on individual freespeech.

To close, in 2015, I had theopportunity to meet Tan SriMuhyiddin Yassin at his privateresidence some time after hissacking as Deputy PrimeMinister. At this closed-doormeeting (one of the many he had,I am sure), I had asked Tan SriMuhyiddin for his opinions onfree speech, relevant then as hewas sacked from his Cabinetposition for voicing outcriticisms relating to 1MDB.

While I cannot recall the answergiven to me back then, perhapswhat matters more is his answeras Prime Minister today.

Selected Publications

China on the Defensive?ISIS Focus 3/2016, No. 3

Kuala Lumpur: ISIS Malaysia

Can the Rohingya Be Saved?ISIS Focus 1/2017, No. 4

Kuala Lumpur: ISIS Malaysia

America FirstISIS Focus 2/2017, No. 5

Kuala Lumpur: ISIS Malaysia

Trial By Fire:The Testing of Asia-PacificSecurity Relations in 2017

ISIS Focus 3/2017, No. 6Kuala Lumpur: ISIS Malaysia

The Redrawing ofRegional Architecture

ISIS Focus 1/2018, No. 7Kuala Lumpur: ISIS Malaysia

Southeast Asia’sDemocratic ConundrumISIS Focus 2/2018, No. 8

Kuala Lumpur: ISIS Malaysia

Malaysian Reforms:Change or/in Continuity?ISIS Focus 1/2019, No. 9

Kuala Lumpur: ISIS Malaysia

Testy Ties, Testing TimesISIS Focus 1/2020, No. 10

Kuala Lumpur: ISIS Malaysia

The Crisis of Our TimeISIS Focus 2/2020, No. 11

Kuala Lumpur: ISIS Malaysia