Malaysian parliament approves bill to scrap mandatory death penalty

While the new bill does not completely remove capital punishment, it allows judges the discretion to pass alternatives. (AFP)
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Updated 04 April 2023
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Malaysian parliament approves bill to scrap mandatory death penalty

  • Landmark bill will now move to upper house of Malaysia’s Parliament
  • Monday’s vote was ‘long time in the making,’ says Amnesty International

KUALA LUMPUR: Malaysian lawmakers voted on Monday in favor of abolishing the mandatory death penalty, paving the way for landmark legal reforms the government said are aimed at respecting each individual’s right to life. 

The lower house of Malaysia’s Parliament passed the bill, which will now be brought to the government-controlled Senate, or upper house, for approval, before it is presented to the king and passed into law. 

Under the revised law, which applies retroactively, 11 offenses that previously carried a mandatory death penalty will instead have alternative punishments, including whipping and imprisonment between 30 and 40 years. 

The new measures will also remove capital punishment as an option for some serious crimes that do not cause death, such as the discharging and trafficking of firearms and kidnapping. 

“The abolition of the mandatory death penalty aims to respect the right to life for every individual in Malaysia while ensuring justice for all parties,” Deputy Law Minister Ramkarpal Singh said during a wrap-up of parliamentary debates on the bill. 

“The basic principle for every sentence in Malaysia is rehabilitation so that they can return to society and become individuals who can serve the family, community and country after completing their sentence.” 

A moratorium on the death penalty has been in effect since 2018 in Malaysia, where over 1,300 prisoners are on death row, representing a disproportionately high number compared to other countries in the region. 

While the new bill does not completely remove capital punishment, which remains for offenses ranging from drug trafficking and terrorism to murder, it allows judges the discretion to pass alternatives. 

“We commend the government, which has shown political will and determination to reform. The abolition is a move toward the advancement of Malaysia’s human rights,” Ngeow Chow Ying, an executive committee member of the Anti-Death Penalty Asia Network, told Arab News. 

However, Ying said officials could do more in their efforts to reform Malaysia’s criminal justice system, as the use of caning in the law is “barbaric” and an “ultimately cruel and inhuman punishment.” 

Though Monday’s vote was “a long time in the making,” Amnesty International Malaysia’s Executive Director Katrina Jorene Maliamauv said that “there is still more to be done.” 

“All eyes are now on Malaysia’s Senate to take the next steps and make these reforms a reality.”


Trump cuts India tariffs as Modi ‘agrees’ to stop buying Russian oil

Updated 13 sec ago
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Trump cuts India tariffs as Modi ‘agrees’ to stop buying Russian oil

  • US will impose an 18 percent tariff on Indian goods, down from the earlier 50 percent punitive levy
  • Withdrawal from Russian oil may affect India’s relations with BRICS, expert says

NEW DELHI: The US and India have announced reaching a trade agreement after months of friction, with President Donald Trump saying that Prime Minister Narendra Modi had “agreed” to halt purchases of Russian oil.

In August, Trump accused India, which imports most of its crude oil, of funding Moscow’s war in Ukraine and subjected it to a combined tariff rate of about 50 percent on most of the exports.

Following a call with Modi on Monday, Trump took to social media to say that he would cut with immediate effect US levies on Indian goods to 18 percent after Modi “agreed to stop buying Russian Oil, and to buy much more from the United States and, potentially, Venezuela.”

At the same time, India, Trump wrote, would “reduce their Tariffs and Non Tariff Barriers against the United States, to ZERO,” committing to buy “over $500 BILLION DOLLARS of US Energy, Technology, Agricultural, Coal, and many other products.”

Modi confirmed the agreement on social media, saying: “Made in India products will now have a reduced tariff of 18 percent,” without commenting on Russian oil or duty-free imports of American goods.

When the US announced its punitive tariffs last year, India quickly moved forward with free trade negotiations with other countries — signing a deal with Oman and finalizing negotiations with New Zealand and the EU.

While the agreements were expected to partially offset the loss of exports to the US, economists did not expect they would immediately mitigate it, as shifting supply chains takes time.

The newly announced agreement with the US will therefore offer short-term relief for Indian exporters — especially of textiles, gems, jewelry and marine products — who were facing the threat of a market exit.

“In that case, the trade deal with the US is a welcome step. It provides short-term relief, allowing India to continue exporting to the US without being forced to exit the US market and diversify with a huge transition cost,” said Anisree Suresh, geoeconomics researcher at the Takshashila Institution.

“However, one shouldn’t look at it as a comprehensive long-term trade deal like the one India signed with the EU. The unpredictability of the Trump administration remains a major concern, regardless of whether there is a trade deal with the US ... India cannot treat this deal the same as other FTAs, as it is limited in scope and subject to reversal.”

When the US imposed its punitive tariffs on India, about 66 percent of total Indian exports were subject to that rate. Overall, India recorded a negative margin of 19.5 percent, meaning its exports were taxed more heavily than those of its competitors.

“From that point of view, Indian goods will have a larger market over there. However, there’s a problem when we talk about a 0 percent tariff on the US,” said Prof. Arun Kumar, a development economist.

“The US will be able to export a lot more to India, and therefore it will affect our production within the economy. And that will be a setback, so while exports may rise, the internal economy may actually suffer because of this decrease in tariffs on American goods. And especially if it affects agriculture.”

The sudden withdrawal from India’s partnership with Russia may not have a serious economic impact but politically could affect New Delhi’s relations, also with other countries, especially those from BRICS — a grouping that besides India and Russia includes also Brazil and China, and is the most powerful geopolitical forum outside of the Western world.

“You can always substitute Russian oil with some other oil, but I think it’s more of a strategic question, because India and Russia have had long-standing relationships, and if we bend to US pressure and reduce purchases from Russia, then it will affect in future also our relationship with Russia, because we will not be seen as a stable ally,” Kumar said.

“BRICS nations will not trust India very much in the future ... and that’s what Trump wants. He wants to disrupt BRICS. That’s what he has been doing right since the beginning to divide nations and deal with them individually.”