While many of us are zealously waiting to see who will win 2008 US
election, this article presents a desperate need for change in
another corner of the world - Malaysia.
Thousands of Malaysians need your help to abolish the
injustice controversial Internal Security Act, which grants the
government immerse power to detain an individual without a trial
for up to 2 years! And later the detention can be renewed
indefinitely!!!
The preventive detention was enacted before the independence
of the country to deter communist activity during the Malayan
Emergency from 1948 to 1960. The law allowed the detention of an
individual for no more than 1 year. Upon the ending of the
emergency, the ordinance was repealed. The power of preventive
detention however was not relinquished but embedded in the Internal
Security Act (ISA) under Article 149 of the Malaysian Constitution.
The act permits the government to arrest an individual,
without charge or trial, of whom the government is satisfied that
such detention is necessary to prevent the individual from
conducting any prejudicial action towards national security or to
the maintenance of essential services or to the economic life in
Malaysia. Under ISA, an individual could be detained for a period
up to 2 years, and the detention could be indefinitely extended
thereafter for periods not exceeding 2 years at a time. That being
said, the government can arrest anyone whom subjectively deemed
threatful to the nation for an indefinite duration, without a trial
or charge.
The first Prime Minister of Malaysia, Tunku Abdul Rahman,
defined the purpose of the act as to "be used solely against the
communists... My Cabinet colleagues and I gave a solemn promise to
Parliament and the nation that the immense powers given to the
government under the ISA would never be used to stifle legitimate
opposition and silence lawful dissent". The third Prime Minister,
Tun Hussein Onn, stated at the same time that his administration
had enforced the act only with a view to curb communist activity,
and not to repress "lawful political opposition and democratic
citizen activity". [Reference]
Since 1960 when the act was signed into the constitution,
thousands of people including trade unionists, student leaders,
labor activists, political activists, religious groups, and many
others have been detained. Such act has widely known by the locals
as a convenient instrument for the government to suppress
opposition voices.
In response to criticism that the ISA was not democratic or
was too open to abuse, based on a report in New Straits Times dated
Jan 2, 2007, the first internal security minister, Ismail Abdul
Rahman, stated:
"I maintained then and I maintain now the view that the
Internal Security Act is essential to the security of this country
especially when democracy is interpreted the way it is interpreted
in this country. To those in opposition to the government democracy
is interpreted to mean absolute freedom, even the freedom to
subvert the nation. When cornered by the argument that democracy in
the Western sense means freedom in an ordered society and an
ordered society is one in which the rule of law prevails, they seek
refuge in the slogan that we should imitate Western democracy one
hundred per cent.
I am convinced that the Internal Security Act as practiced in
Malaysia is not contrary to the fundamentals of democracy. Abuse of
the Act can be prevented by vigilant public opinion via elections,
a free Press and above all the Parliament." [Reference]
Shame on Ismail Abdul Rahman for his barbaric democracy
comment; shame on Dr. Mahathir bin Mohamad, the 4th prime minister,
for his 1987 Operasi Lalang arrestment on those termed racialism
but was seen as a move to oppress his political opponents; and
shame on Abdullah Ahmad Badawi, the 5th prime minister who is
stepping down in March 2009 due to the nationwide disapproval rate,
for his signature on detaining the Hindu activists group leaders,
who voiced against the government racist policies that resulted in
Malaysian Indians being marginalized and sidelined from the
country's development.
Criticism on ISA has never remained silent and the locals
have become even more outrageous due to the recent arrestments of
Raja Petra Kamarudin, a blogger of Malaysia Today; Tan Hoon Cheng,
a journalist of a local newspaper; and Teresa Kok, a Parliament
member. Tan was arrested however then released for the accusation
of her report on a Malay racist remark that allegedly might incite
hatred among Malay and Chinese. The home minister later uttered an
irrelevant explanation that such arrestment was for the protection
of Tan's security. The accusation on Kok for ordering a local
mosque to reduce the loudspeakers volume during Muslims' call for
prayer was lack of evidence. She had been released and recently
filed a RM30 millions (US$ 8.8 millions) suit against a local
newspaper for allegedly defaming her as an anti-Islam and
anti-Malay. Raja Petra is still detained for his allegedly
insultation on Muslims in an article entitled "I Promise to be a
good, non-hypocritical Muslim". He is currently put on trial on a
seditious charge for posting an article entitled 'Let's send the
Altantuya murderers to hell', which reported the involvement of
Najib Tun Razak, the current deputy prime minister, in the
explosive murder of a Mongolia woman in Malaysia.
As we can see, the power has been abused by the one in power
to "stifle legitimate opposition and silence lawful dissent" and to
"repress lawful political opposition and democratic citizen
activity". (Refer above to the comments of the ex-prime ministers
regarding exercising the preventive detention power granted under
the ISA.)
"Peaceful expression of political opinions is a fundamental
right and critical to a democracy," a State Department official
told AFP. "The United States believes that the Malaysian government
should provide due process and treatment consistent with Malaysian
law and international standards," said the official, speaking on
condition of anonymity. "We expect that democratic countries that
purport to advocate free expression of political views will not
curtail such freedom," the official said following the trio's
arrest. ("US summons Malaysian envoy over crackdown", AsiaOneNews,
AsiaOneNews, Sept 12, 2008)
This law has been outrageous among Malaysians, not only
because of it being a thorough violation of basic human rights of
freedom of speech, but also a draconian law to arrest someone who
indeed did not post any threat to the national security. Various
ways had been taken to meet with the one in power to urge for the
release of those in capture, but nothing was done. The idea was to
propose that the detainees be put on trial, so actual judicial
charges could be filed to investigate if the detainees indeed
caused any harm to the national security.
The Law Minister, Datuk Zaid Ibrahim had recently resigned
from the Cabinet with a letter expressing his concern that his
views were always at odd with that of those in the administration.
He condemned the exercise of ISA to arrest the journalist, the
politician, and the blogger. Instead he insisted the power be used
only against terrorists who posed a security threat.
Enough is enough!! Ppl, we need your help here!
Please click on the link below to join thousands of others
for the petition to the prime minister on abolishing the ISA.
http://www.petitiononline.com/isa1234/petition.html
For further details on the reaction of the locals on the ISA,
please see the videos below. There are also thousands of news out
there talking about political disruption in Malaysia. A good
resource:
www.malaysiakini.com.
Thank you for your attention.
http://www.youtube.com/watch?v=5XvY8tPmuIY
http://www.youtube.com/watch?v=St9B9s_5XLo
http://www.youtube.com/watch?v=k6TGdGrTKLw
http://www.youtube.com/watch?v=kmF7_9oYrfA
Reference:
http://en.wikipedia.org/wiki/Internal_Security_Act_of_Malaysia
In response to assignment:
News To Me