Freedom and Democracy – Dim Prospects and Daunting Challenge

21 December 2009

Pendapat

Pendapat Anda?

Acceptance speech by Anwar Ibrahim, Opposition leader of the Malaysian Parliament, on being awarded the IAPC Democracy Medal, Shah Alam, December 21, 2009

Ladies and gentleman:

I am greatly humbled by this award. I accept it with a profound sense of humility with the full knowledge that this award is not really about me but, as indeed it should be, a resounding appreciation for the hard work and sacrifices of family, friends and colleagues. Together we have championed the cause of freedom and democracy and, by the grace of God, we shall continue to do so.

They say that freedom and democracy are nice catchphrases hewn from philosophical cogitation or mere abstract doctrine divorced from reality. Or that democracy is overrated. What’s there to talk about or to lose sleep over? Just conduct elections every four or five years and let the people to decide who should be in power. Why should think-tanks and NGOs waste so much time and resources dissecting and debating these issues in academic halls, intellectual colloquiums and political forums?

I think the answer is as clear as daylight. As Walt Whitman, the great poet of democracy, once said:

“Did you, too, O friend, suppose democracy was only for elections, for politics, and for a party name? I say democ=racy is only of use there that it may pass on and come to its flower and fruit in manners, in the highest forms of interaction between people, and their beliefs — in religion, literature, colleges and schools — democracy in all public and private life….”1

Indeed, freedom and democracy is part and parcel of the self-evident truths that would distinguish mankind from the rest of God’s creatures, as dear to us as the blood that sustains our hearts and keeps us alive. Closer to home, the ever redeeming words of the great Malayan hero Jose Rizal continue to remind us that “humanity will not be redeemed while reason is not free.” Even though that was written more than a century ago, it is no less significant today, as democracy and freedom are once again under attack. Today, and perhaps more than in the past, we witness the clash between the institutions of civil society bent on preserving freedom and democracy and the powers that be with their increasing tendency to rob us of our liberties and undermine our constitutional foundations. The resulting report card on the state of democracy and freedom here is dismal and damning. The prospects are dim and the challenges daunting.

At the root of these issues is the question of accountability, governance and transparency in the exercise of the powers of state. Contrary to what the opponents of freedom and democracy say, accountability does not lead to weakness; nor would an independent judiciary lead to the death of the Parliamentary process; ensuring the rule of law to protect the constitutional freedoms of free speech, of assembly and of religion would not cause dissension and confrontation. Denying these fundamental liberties and eroding the democratic space would. It would also be a gross affront on the dignity of man. Indeed, to paraphrase Emerson, a nation’s strength is not forged in gold but only men and women can make a people great and strong; Men and women who for truth and honor’s sake stand fast and suffer long.

We have heard the famous line by Thomas Jefferson that “a democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine.” But this was certainly not his ideal of democracy. Indeed what he was really talking about was in fact what was to be later referred to as the “despotism of the majority”2 where governments abuse power or develop dictatorial tendencies on account of numerical strength in the legislatures. This concentration of power invariably leads to abuse of the legislative process. The UMNO-led ruling coalition, having since the nation’s independence controlled the Federal Parliament with a two-thirds majority, remains unrepentant in their arrogant display of power. Intolerant of criticism, dissent or anything seen as a stumbling block to their vested interests, they ride rough shod over the aspirations of the people by bull-dozing through oppressive laws and the Federal budget. The political landscape has changed since the March 2008 elections when the Opposition created the biggest upset to the status quo at the Federal Parliament as well as gained control of five states in the peninsula. One would have thought that they would have learnt some lessons from this defeat but it would appear that a leopard cannot change its spots. Motions for a full parliamentary debate on crucial social and financial issues are invariably disallowed on grounds that they are not urgent matters. Just less than a year on, a desperate attempt was made at wresting control of the state of Perak by the foulest of means in violation of ethical, political and constitutional principles. And even more tragically, this is being done hand in glove with the judiciary.

If democracy is about giving dignity to the human spirit, then we can rest assured that this dignity can never be realized as long as the institutions of power such as the judiciary, the police, the public prosecutor and the anti-corruption agency continue to be employed by the Executive to further their own ends. Democracy will not see the light of day when dissenting views are not allowed expression and a healthy vibrant opposition is considered a threat to national security. Democratic governments cannot use the state apparatus to silence political opposition.

The existence of a vibrant opposition is essential as the bulwark against the tyranny of absolute power. Opposition must not be just merely tolerated but must be allowed to flourish as the people’s conscience. Its paramount role is to hold the powers that be to account when they go astray and to remind them that power is trust, not might.

Once again, we call for a concerted effort to restore the judiciary to its pristine position. Judicial independence must mean protecting the people from governmental arbitrariness and political despotism. The judiciary is not just the bulwark of our fundamental liberties. It is the final arbiter of our constitutional and political disputes and the anvil on which the rule of law of the nation is to be forged. If judges are to be independent of political authority, attempts to muzzle them must not be allowed. If in their deliberations they make statements apparently critical of the executive or in their judgments, decide against it, they should not be threatened with reprisals, or transferred into less important positions or jurisdictions or worse still, forced into early retirement. To put it bluntly, judges must be freed from the stranglehold of the ruling elite, tyrants, dictators or the rich and the powerful. We cannot have a government which continues to use the judicial system for its own ends and at the same time call it a democracy.

This recognition therefore comes at an auspicious moment. We have just witnessed the historic Pakatan Rakyat convention.  The gathering on Saturday marked the first ever national convening of Malaysia’s first viable political movement that is multi-racial not only in composition but also in its fundamental aims.  The coalition’s aims and objectives have been spelled out in a document unrivalled in its articulation of the coalition’s commitment to Constitutional provisions and a reform agenda.   They will say that the proof is going to be in the pudding and not until this coalition takes power will the weight of its promises be felt.  On the contrary – a taste of what is to come is clearly evident in the four opposition states that have demonstrated a commitment to transparency, multi-racialism and good governance.

Progress has been made despite the subversive actions of a Federal government hell bent on recapturing power by any means necessary.   But in the cause of freedom, there shall be no room for despair. Let us endeavor to draw from misfortune new hope and new strength. Therefore, let us not recoil in our resolve to fight for what we believe in. Soldier on we must, and soldier on we shall. As freedom and democracy is our birth right, we must never forsake it or allow anyone to take it away from us.

Thank you.

Pendapat Anda