The International Commission of Jurists (ICJ) has urged the Dewan Negara and the Yang di-Pertuan Agong to reject the National Security Council (NSC) Bill in a last-ditch effort to block the legislation that will grant the prime minister wide-ranging powers.
"The ICJ expects the Bill to be passed by the Senate and assented to by the King without thorough deliberations.
"Nevertheless, it still calls on both the Senate and the King to reject the present draft, with a view to returning it the House to make necessary reforms in line with the rule of law," ICJ said in a statement today.
ICJ senior international legal adviser for Southeast Asia Emerlynne Gil said the wide-ranging powers granted to the members of the NSC, of which Najib is chairperson, lack any form of safeguards that will inevitably lead to arbitrary exercise of authority, in contravention of the rule of law.
"This Bill could very likely be used to further restrict freedom of expression and opinion and other rights in the country," added Gil ( photo ).
She said the manner in which the Bill was passed in the Dewan Rakyat, just two days after it was tabled, highlighted the need for reforms in the lawmaking processes.
"The same rushed manoeuvres occurred when the Prevention of Terrorism Act (Pota) and amendments to the Sedition Act were hastily passed in Parliament earlier this year.
"There seems to be a disturbing pattern of avoiding deliberative care on legislation that is addressed to serious security concerns that have the greatest implications for human rights," she said.
The NSC Bill, once gazetted, will allow Najib to declare any area of the country a "security area" with the support of a simple majority in Parliament.
Once an area is declared a "security area", security forces will be allowed to impose curfew, use any amount of force deemed reasonable against persons, conduct arrest and searches without warrants and confiscate or demolish property in the interest of security.
It also provides immunity to the NSC and security forces from prosecution for their actions as long as their action is seen as being done in "good faith".