<![CDATA[Coronavirus: as Malaysia eases lockdown, some states insist restrictions will remain]>

Malaysia's move to restart its economy by easing nationwide restrictions on business activities and movement got off to a bumpy start on Monday, with six of its 13 states refusing to comply, pointing to a rise in infections over the weekend as a sign that it was too soon to lift curbs.

However, the federal government pressed ahead by changing regulations to the movement control order (MCO) that was first implemented on March 18.

Senior Minister Ismail Sabri Yaakob announced the previous rules were "null and void" and new regulations would apply across states and districts. Azmin Ali, the Senior Minister for Economy, urged state governments to comply, and warned of the risk of legal action from industry players.

The reaction by states including Pahang and Kelantan, whose governments are aligned with the national ruling Perikatan Nasional coalition, raised questions about internal dissent. Ismail Sabri did not mention if there would be any repercussions for states that chose to do as they pleased. In his televised address, the minister also said it was compulsory for all migrant workers to undergo virus testing and that employers would pay for them.

Malaysia's federal government eased restrictions on movement on May 5, 2020. Photo: EPA-EFE alt=Malaysia's federal government eased restrictions on movement on May 5, 2020. Photo: EPA-EFE

Besides the six states that said they would not comply, another three states said they would not fully ease curbs and would maintain safe-distancing measures, such as restricting dine-in numbers at restaurants. More than half a million Malaysians also protested by signing online petitions calling for a more gradual easing.

Khaled Nordin, vice-president of the United Malays National Organisation (Umno), the largest party in the ruling coalition in terms of legislative seats, said the days of the federal government calling the shots were over, and pointed at the failures of a minister "in charge of economic affairs" " a swipe at politician Azmin Ali of the Malaysian United Indigenous Party (Bersatu), who was key in engineering a political coup in February.

The federal government had failed to discuss the lockdown exit strategy with the state governments, Khaled said in a statement on Monday.

"The failure to do so shows clear weakness within the leadership in terms of strategy and coordination in rehabilitating the country's economy, complicating businesses and trade as Malaysia's economy is cross-border," he said.

In Malaysia, the law stipulates that individual states must comply with a federal order if the federation has power over the subject, depending on whether the state also has power over that subject.

"In the event of a conflict of law, federal law will prevail," said constitutional expert and lawyer Malik Imtiaz Sarwar. "There must however be a conflict, which means that there are laws or executive action on the same subject matter " in this case, health. In this instance, there is no apparent conflict as the state governments are concerned with local governance."

Lawyer Lim Wei Jiet said individual states were also able to impose additional restrictions on matters which the federal government had not weighed in on.

"For example, some states have imposed additional restrictions on dining-in for restaurants when the government has not. This is an exercise well within the state authority's powers," Lim said.

People practise safe distancing on a train in Kuala Lumpur on May 4 2020. Photo: EPA-EFE alt=People practise safe distancing on a train in Kuala Lumpur on May 4 2020. Photo: EPA-EFE

Prime Minister Muhyiddin Yassin and his current cabinet removed the former ruling Pakatan Harapan coalition after only 21 months of rule, and mere weeks after the coronavirus pandemic reached Malaysia, angering voters who saw it as setting aside their landmark 2018 vote to install Pakatan Harapan after six decades of Umno rule.

The new government has acknowledged that it is not the government people had voted for, and is facing down the threat of a no-confidence motion when parliament finally resumes.

The ruling Perikatan Nasional (PN) coalition " made up of Bersatu, Umno, the Malaysian Islamic Party (PAS) and several smaller race-based parties " has become increasingly fragile, with Bersatu and Umno begrudgingly cooperating for political expediency, with analysts pointing at the public dissent from PN states as a key indicator of this tension.

"This isn't something good within the context of federalism. It shows that the PN government, under Muhyiddin's leadership and considered a back-door government, is unstable," said political scientist Awang Azman Awang Pawi of University Malaya's Institute of Malay Studies.

Tricia Yeoh, a fellow at the Institute for Democracy and Economic Affairs, pointed out that Umno had "openly criticised Muhyiddin's decisions in a number of matters, and has also threatened to support Bersatu only up to the 15th general election", which will take place in 2023.

Public health experts have maintained that allowing individual states to make local health decisions allows for more targeted solutions, and called for clearer communication.

"The mismatch in messaging may lead to greater confusion on the part of both employers and employees. While there is no doubt that the economy needs to be reopened, it must not be done in a hasty manner," said doctor Helmy Haja Mydin.

Malaysia, previously one of the worst-hit nations in Southeast Asia, recorded 55 new cases on the first day of its eased measures, bringing its national total to more than 6,350.

The relaxed measures " which came after 48 days of a strict lockdown that saw thousands of Malaysians charged with flouting social distancing and stay-home rules " saw mixed reactions, with some residents venturing out to eat and drink at restaurants and others refusing to leave their homes.

Although interstate traffic remains banned and schools are still closed, traffic volume increased by 30 per cent, the police said. Malaysian media also reported long queues outside pawnbrokers, with many rushing to pawn off valuables after weeks of economic woes. Barbed wire was removed from Covid-19 red zones and malls reopened, albeit with strict controls such as temperature checks and mandatory face masks " although many shops remained shut.

In a report earlier this year, the Institute of Strategic and International Studies (ISIS), a local think tank, said Malaysia's lockdown would disproportionately impact small and medium-sized enterprises " which make up more than 90 per cent of the nation's economy " and vulnerable groups such as lower-income individuals and workers.

Although the lockdown has kept the country's fatality rate below 2 per cent, the Malaysian Institute of Economic Research estimated that about 2.4 million Malaysians could lose their jobs if it was extended past May 12.

Migrant workers would also be affected " Malaysia has more than 2 million registered foreign workers and an estimated 2 million more who are undocumented. There have been several immigration raids and mass arrests by the government in virus hotspots that human rights watchdogs have criticised.

Some business owners, however, have opted to wait a little longer, such as restaurateur Chin Ren Yi.

"We won't reopen for dine-in just yet," he said. We feel we should let things run their course first and see what others do so we can make the best decisions for our customers.

This article originally appeared on the South China Morning Post (SCMP).

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