Internal Security Act(isa) Zharif.aei,um
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ADVANCED STUDIES IN MALAYSIAN POLITICS, GOVERNMENT & ECONOMICS QXGX 6105
MUHAMAD ZHARIF MUHAMMAD SHUIB QGA080007
ASIA EUROPE INSTITUTE, UNIVERSITY MALAYA FEBRUARY 2009
INTERNAL SECURITY ACT (ISA) IN MALAYSIA: THE BARRICADE IN HUMAN RIGHT INTRODUCTION: INTERNAL SECURITY ACT (ISA)
What is ISA? The ISA is an act to provide for the internal security of Malaysia which has been formed in 1960, preventive detention, the prevention of subversion, the suppression of organized violence against persons and property in specified areas of Malaysia, and for matters incidental thereto. It is supposed to be long essay to explain the entire thing about Internal Security Act (ISA). Here, the main inspiration is to discuss why Internal Security Act (ISA) should bring to an end since it is not relevant enough to hold this act in this new era.
The authority of ISA….. Under this law, the Minister of Home Affairs may detain a person for a period not exceeding two years (and renewable for twoyear periods indefinitely) on the suspicion or belief that the detention of that person is necessary in the interest of public order or security. Further, no grounds need to be given by the Minister for the initial order or the extension. It is significant to note that in law this is an executive detention order and not a detention pursuant to a judicial
decision. This is underscored by the highest judiciary in the land which pronounced the Internal Security Act (ISA) is a peculiar law, and is peculiar to our country' and further that the 'judges in the matter of preventive detention relating to the security of the Federation are the executive.
THE OUTCRY AGAINST THE USE OF INTERNAL SECURITY ACT (ISA) People in Malaysia stand their right…..
As people who live in a peaceful community, having eased and contentment in own country; it is deplorable whenever the people start to speak their thoughts and minds not in favor in one of the act that has been established since 1960, that is Internal Security Act (ISA). The Malaysian’s people, especially who practiced law where the feeling love to protect and be protected by the law, will always endure remain that the Internal Security Act (ISA) is absolutely should not be considered necessary in taking action to individuals because the other law or act that has been established is adequate enough to assert for those wrongdoers. In Malaysia, the opposition side from Pakatan Rakyat (PR) has constantly showed their enmity to the draconian Internal Security Act (ISA) which allows for indefinite detention without trial. But the latest uproar against the use of Internal Security Act (ISA) by the Barisan Nasional (BN) government under the leadership of Prime Minister Datuk Seri Abdullah Badawi as historical. It is safe to be said that, it was the first time that the Barisan Nasional (BN) government component parties had voiced out their displeasure for the draconian act to be invoked against civilians. One of the ministers who reiterate his commitment to abolish Internal Security Act (ISA) had resigned over the move by Abdullah’s government.
The international voice…. It is not only people in Malaysia aware with this law, but also catches interest from the outsider as well. Since the arrest of two journalists and one Member of Parliament (MP) almost 5 months ago under the Internal Security Act (ISA) by Malaysia authorities, is increasing gross violation of the Malaysian Constitution, ASEAN Charter and international human rights norms, explained Chalida Tajaroensuk who is the Director of People’s Empowerment in a statement released on 16 September 2008. “The Internal Security Act (ISA) is intended to combat serious threats to public security, not political intimidation. The use of draconian measures under the Internal Security Act (ISA) are permitted only under the most grave threats to public security, and not silencing legitimate political activity and protected free speech” said Ms. Tajoroensuk. As a member of the Association of Southeast Asian Nations (ASEAN), the Malaysia Government must uphold the principles of the ASEAN Charter, which is fully ratified not long ago. Political use of the Internal Security Act (ISA) by the Malaysian Government is thus in clear breach of the principles of good governance, rule of law, and democracy repeatedly stated throughout the Charter. It is unambiguously seen that the country that is in this region cannot have different to the persecution of civil society in any ASEAN state and the civil society across the region must take a stand to uphold rule of law and good governance in Southeast Asia.
THE ASYMMETRICAL OF INTERNAL SECURITY ACT (ISA)
The case to be considered…
From the history and civilization perspective, there is only two structures governance which is using the draconian law like Internal Security Act (ISA). First one is, country which applied dictatorship system where there are no rooms for the democracy to survive here. Second is the weak governance which has been given clearly sign by the people to step out from being ruling government, yet still has feeling good to hold the power, even they know their power can be no longer endure and has become dimmer and dimmer. So, the government, in order to cling their power, they use draconian law to their political enemy. Why I focus on this case is simply because the lopsided that we can noticeably see as in below case. The uneven policy that applied by the ruling government can be seen when Ahmad Ismail, the exLeader of United Malays National Organization (UMNO) component from Bukit Bendera, Pulau Pinang has made a racist statement that the Chinese were merely immigrants and therefore should not entitled for equality in Malaysia. When it first broke up and heated up, Abdullah Ahmad Badawi who is UMNO leader excused Ahmad Ismail by saying that the latter did not mean what he said at, of all places, a Barisan Nasional (BN) political talk during the Permatang Pauh by election recently. But, surprisingly is how did Abdullah know whether Ahmad Ismail really meant what he uttered? Did he listen to the tapes of the speech from the police, who are supposed to tape every speech at political talks and rallies? Or are the police these days not interested to tape BN/UMNO speeches, only Opposition speeches? If so, isn’t this proof enough of the bias and politicization of the police in general and the Special Branch (SB) of the police in particular? Indeed, further and more sinister evasion and twisting came thick and fast. As though to placate any hurt feelings in UMNO over the 3year suspension of Ahmad Ismail, a sort of childish
balances as it were. Consider the timetable of idiocy. Ahmad Ismail was suspended from UMNO for three years on September 10, 2008. Two days later, the BN government at Putrajaya conducted a cowardly Internal Security Act (ISA) crackdown on Seputeh MP (Member of Parliament) Teresa Kok of the DAP, Sin Chew Daily reporter Tan Hoon Cheng and blogger Raja Petra Kamaruddin. At the same time, three newspapersThe Sun English daily, Sin Chew Daily and Suara Keadilan of Anwar Ibrahim’s Parti Keadilan Rakyat (PKR) were given show cause letters from the Home Ministry for breaching publication guidelines allegedly and apparently. The Internal Security Act (ISA) as a diversionary tactic had worked in the past, in fact since the very inception of the Internal Security Act (ISA) by the then UMNO leaders, Tunku Abdul Rahman and Tun Abdul Razak Hussein in 1960, followed by Internal Security Act (ISA) crackdowns in the 1960s, 1976 under Hussein Onn, father of UMNO youth leader Hishamuddin, 1987 in the form of “Operasi Lalang”, 1998 infamous capture on Anwar Ibrahim and his closest aides, including some ABIM leaders, and 2007 notorious on Hindraf leaders.
The inhuman law…. Internal Security Act (ISA) is purely underprivileged law which has been introduced almost a half century ago. It has been amending not less than 17 times and whenever modification takes place, it always open a new hole to ‘bite’ especially within the jurisdiction subjugated to the law in the court for example, Evidence Act , Criminal Procedure Code and Penal Code. As in Section 73, it gives blanket power to the authority including to arrest any individual up to 60 days without bring that individual to magistrate. Section 8, one injunction for the detainee is 2 years and can be incurred without sentence and cannot be represented by the lawyer. The 2 years duration can be continued for every additional part of period under the minister power. A
horrendous sweeping power had wicked for many of the combatant especially from the opponent political party for instance Dr Burhanuddin AlHelmi, Datuk Ahmad Boestamam, Dr Syed Husin Ali, Kassim Ahmad, Mohamad Sabu, Mahfuz Omar etc. Here we go again, the Internal Security Act (ISA) the good, old weapon against dissent, the weapon that was born 49 years ago out of a big lie. The convenient tool to silence all critics outside the party when you have lost the open argument, and to warn all dissidents within the party. The Internal Security Act (ISA) has been widely regarded as “Law of The Jungle” by people who really care about giving proper consideration to the claims of all concerned. This is because the Internal Security Act (ISA) is without a doubt based on who hold the power will win, not footed by who are right and fair to become a winner.
THE ELEMENT TO BE MEASURED… The clash… In November 2008, at least 17 detainees Internal Security Act (ISA) have been released. They are including famous blogger, Raja Petra Kamaruddin and Yazid Sufaat. The emancipation of the detainees show that the pressure from the Malaysian people especially from Gerakan Mansuhkan
ISA (GMI) which has been work hard to give awareness to the people regarding this draconian law. It is hapless to see at the same time, there is a party struggle to perpetuate the Internal Security Act (ISA). They were reported from “Pertubuhan Permuafakatan Melayu” (Pewaris). Pewaris is one of the Non Government Organization (NGO) from Malay community, so the question raised now is there any good for the Malays to continue the Internal Security Act (ISA)? It is good to view how the Internal Security Act (ISA) has influence the Malay itself. Whether with this rule, the Malays have become more dynamic and more mature community or vice versa. Let’s take a look from economic perspective. How was the current situation for Malay’s financial system? The answer is Malays was the last in terms of property and business these days. Malays failed to get 30% equity property in economic domain when the DEB (Dasar Ekonomi Baru) coming last in 1990. So, is it Internal Security Act (ISA) helped the Malays increase their economic wealth? The reader can answer the question with an instant respond, am I right? Next, from the social aspect, Malays sit on top of the most public problem. Drug adductors mostly coming from Malays, not a great shock to hear that. In breaking of a religious or moral law, Malays is number one. Even “Pengkid” problem, the “fatwa” or ruling on a point of Islamic law given by a recognized authority was needed to solve this problem to hinder from increase to a greater height of number. Last but not least, from the perspective of language and nobility of nation. At this time, Malay language has been acknowledged as a formal lingo in Malaysia since the Independence Day, but it is not qualified to be chosen as a formal language in Science and Mathematics. So what? Based on argument above, it is safe to say that, there are no solid reasons for the Malay NGO struggle with full power to give Internal Security Act (ISA) continue to exist in current situation especially in 21th century where the so called “Law of The Jungle” should be abolished as soon as possible in order to people get their right and fair in the law court.
The history to learn by heart… When we talk about Internal Security Act (ISA), we should fall back to the past time history of Prophet Yusuf a.s to be our main reference in judging predicament. When Prophet Yusuf and Zulaikha were captured, Prophet Yusuf was given a chance to defend himself. The Prophet Yusuf’s cloth tattered at the back shows that Zulaikha pull him when he wanted to escape. So, Zulaikha was proven as trying to entice Prophet Yusuf at that time. If the Egypt ruler at that time, who owns a majestic government with colossal soldiers behind him, can give Prophet Yusuf chance to defend himself, is there any chance for Internal Security Act (ISA) detainees who have been arrested year after year to get their own entitled?
REFERENCES 1) Fan Yew Teng, 2008. Internal Security for Abdullah. Harakah, 22-25 September 2008.
2) Mohd Shukor, 2008. The law for the people. Harakah, 15-18 September 2008. 3) Suhaimi Taib, 2008. Internal Security Act should be abolished. Sinar Harian 21 September 2008.
4) www.asienkunde.de/articles/Malaysia2 5) www.infernalramblings.com/ 6) www.worldfutures.info/Analysis/Islamic-World/Malaysia-Minister-resignation-sign-ofailing-Malaysian-politics
7) www.feer.com/politics/2008/october/Malaysias-Authoritarian-Resurgence 8) www.atimes.com/atimes/Southeast_Asia/DI17Ae01. 9) www.en.wikipedia.org/wiki/Internal_Security_Act_(Malaysia) 10)www.hrw.org/legacy/backgrounder/asia/malaysia-bck-0513.htm 11)www.amnesty.org/en/library/info/ASA28/006/2003/en 12)www.bythefault.com/2008/11/16/malaysias-internal-security-act-isa-strikes-again/ 13)www.edition.cnn.com/2001/WORLD/asiapcf/southeast/08/06/malay.isa/
MUHAMAD ZHARIF MUHAMMAD SHUIB QGA080007
ASIA EUROPE INSTITUTE, UNIVERSITY MALAYA FEBRUARY 2009
INTERNAL SECURITY ACT (ISA) IN MALAYSIA: THE BARRICADE IN HUMAN RIGHT INTRODUCTION: INTERNAL SECURITY ACT (ISA)
What is ISA? The ISA is an act to provide for the internal security of Malaysia which has been formed in 1960, preventive detention, the prevention of subversion, the suppression of organized violence against persons and property in specified areas of Malaysia, and for matters incidental thereto. It is supposed to be long essay to explain the entire thing about Internal Security Act (ISA). Here, the main inspiration is to discuss why Internal Security Act (ISA) should bring to an end since it is not relevant enough to hold this act in this new era.
The authority of ISA….. Under this law, the Minister of Home Affairs may detain a person for a period not exceeding two years (and renewable for twoyear periods indefinitely) on the suspicion or belief that the detention of that person is necessary in the interest of public order or security. Further, no grounds need to be given by the Minister for the initial order or the extension. It is significant to note that in law this is an executive detention order and not a detention pursuant to a judicial
decision. This is underscored by the highest judiciary in the land which pronounced the Internal Security Act (ISA) is a peculiar law, and is peculiar to our country' and further that the 'judges in the matter of preventive detention relating to the security of the Federation are the executive.
THE OUTCRY AGAINST THE USE OF INTERNAL SECURITY ACT (ISA) People in Malaysia stand their right…..
As people who live in a peaceful community, having eased and contentment in own country; it is deplorable whenever the people start to speak their thoughts and minds not in favor in one of the act that has been established since 1960, that is Internal Security Act (ISA). The Malaysian’s people, especially who practiced law where the feeling love to protect and be protected by the law, will always endure remain that the Internal Security Act (ISA) is absolutely should not be considered necessary in taking action to individuals because the other law or act that has been established is adequate enough to assert for those wrongdoers. In Malaysia, the opposition side from Pakatan Rakyat (PR) has constantly showed their enmity to the draconian Internal Security Act (ISA) which allows for indefinite detention without trial. But the latest uproar against the use of Internal Security Act (ISA) by the Barisan Nasional (BN) government under the leadership of Prime Minister Datuk Seri Abdullah Badawi as historical. It is safe to be said that, it was the first time that the Barisan Nasional (BN) government component parties had voiced out their displeasure for the draconian act to be invoked against civilians. One of the ministers who reiterate his commitment to abolish Internal Security Act (ISA) had resigned over the move by Abdullah’s government.
The international voice…. It is not only people in Malaysia aware with this law, but also catches interest from the outsider as well. Since the arrest of two journalists and one Member of Parliament (MP) almost 5 months ago under the Internal Security Act (ISA) by Malaysia authorities, is increasing gross violation of the Malaysian Constitution, ASEAN Charter and international human rights norms, explained Chalida Tajaroensuk who is the Director of People’s Empowerment in a statement released on 16 September 2008. “The Internal Security Act (ISA) is intended to combat serious threats to public security, not political intimidation. The use of draconian measures under the Internal Security Act (ISA) are permitted only under the most grave threats to public security, and not silencing legitimate political activity and protected free speech” said Ms. Tajoroensuk. As a member of the Association of Southeast Asian Nations (ASEAN), the Malaysia Government must uphold the principles of the ASEAN Charter, which is fully ratified not long ago. Political use of the Internal Security Act (ISA) by the Malaysian Government is thus in clear breach of the principles of good governance, rule of law, and democracy repeatedly stated throughout the Charter. It is unambiguously seen that the country that is in this region cannot have different to the persecution of civil society in any ASEAN state and the civil society across the region must take a stand to uphold rule of law and good governance in Southeast Asia.
THE ASYMMETRICAL OF INTERNAL SECURITY ACT (ISA)
The case to be considered…
From the history and civilization perspective, there is only two structures governance which is using the draconian law like Internal Security Act (ISA). First one is, country which applied dictatorship system where there are no rooms for the democracy to survive here. Second is the weak governance which has been given clearly sign by the people to step out from being ruling government, yet still has feeling good to hold the power, even they know their power can be no longer endure and has become dimmer and dimmer. So, the government, in order to cling their power, they use draconian law to their political enemy. Why I focus on this case is simply because the lopsided that we can noticeably see as in below case. The uneven policy that applied by the ruling government can be seen when Ahmad Ismail, the exLeader of United Malays National Organization (UMNO) component from Bukit Bendera, Pulau Pinang has made a racist statement that the Chinese were merely immigrants and therefore should not entitled for equality in Malaysia. When it first broke up and heated up, Abdullah Ahmad Badawi who is UMNO leader excused Ahmad Ismail by saying that the latter did not mean what he said at, of all places, a Barisan Nasional (BN) political talk during the Permatang Pauh by election recently. But, surprisingly is how did Abdullah know whether Ahmad Ismail really meant what he uttered? Did he listen to the tapes of the speech from the police, who are supposed to tape every speech at political talks and rallies? Or are the police these days not interested to tape BN/UMNO speeches, only Opposition speeches? If so, isn’t this proof enough of the bias and politicization of the police in general and the Special Branch (SB) of the police in particular? Indeed, further and more sinister evasion and twisting came thick and fast. As though to placate any hurt feelings in UMNO over the 3year suspension of Ahmad Ismail, a sort of childish
balances as it were. Consider the timetable of idiocy. Ahmad Ismail was suspended from UMNO for three years on September 10, 2008. Two days later, the BN government at Putrajaya conducted a cowardly Internal Security Act (ISA) crackdown on Seputeh MP (Member of Parliament) Teresa Kok of the DAP, Sin Chew Daily reporter Tan Hoon Cheng and blogger Raja Petra Kamaruddin. At the same time, three newspapersThe Sun English daily, Sin Chew Daily and Suara Keadilan of Anwar Ibrahim’s Parti Keadilan Rakyat (PKR) were given show cause letters from the Home Ministry for breaching publication guidelines allegedly and apparently. The Internal Security Act (ISA) as a diversionary tactic had worked in the past, in fact since the very inception of the Internal Security Act (ISA) by the then UMNO leaders, Tunku Abdul Rahman and Tun Abdul Razak Hussein in 1960, followed by Internal Security Act (ISA) crackdowns in the 1960s, 1976 under Hussein Onn, father of UMNO youth leader Hishamuddin, 1987 in the form of “Operasi Lalang”, 1998 infamous capture on Anwar Ibrahim and his closest aides, including some ABIM leaders, and 2007 notorious on Hindraf leaders.
The inhuman law…. Internal Security Act (ISA) is purely underprivileged law which has been introduced almost a half century ago. It has been amending not less than 17 times and whenever modification takes place, it always open a new hole to ‘bite’ especially within the jurisdiction subjugated to the law in the court for example, Evidence Act , Criminal Procedure Code and Penal Code. As in Section 73, it gives blanket power to the authority including to arrest any individual up to 60 days without bring that individual to magistrate. Section 8, one injunction for the detainee is 2 years and can be incurred without sentence and cannot be represented by the lawyer. The 2 years duration can be continued for every additional part of period under the minister power. A
horrendous sweeping power had wicked for many of the combatant especially from the opponent political party for instance Dr Burhanuddin AlHelmi, Datuk Ahmad Boestamam, Dr Syed Husin Ali, Kassim Ahmad, Mohamad Sabu, Mahfuz Omar etc. Here we go again, the Internal Security Act (ISA) the good, old weapon against dissent, the weapon that was born 49 years ago out of a big lie. The convenient tool to silence all critics outside the party when you have lost the open argument, and to warn all dissidents within the party. The Internal Security Act (ISA) has been widely regarded as “Law of The Jungle” by people who really care about giving proper consideration to the claims of all concerned. This is because the Internal Security Act (ISA) is without a doubt based on who hold the power will win, not footed by who are right and fair to become a winner.
THE ELEMENT TO BE MEASURED… The clash… In November 2008, at least 17 detainees Internal Security Act (ISA) have been released. They are including famous blogger, Raja Petra Kamaruddin and Yazid Sufaat. The emancipation of the detainees show that the pressure from the Malaysian people especially from Gerakan Mansuhkan
ISA (GMI) which has been work hard to give awareness to the people regarding this draconian law. It is hapless to see at the same time, there is a party struggle to perpetuate the Internal Security Act (ISA). They were reported from “Pertubuhan Permuafakatan Melayu” (Pewaris). Pewaris is one of the Non Government Organization (NGO) from Malay community, so the question raised now is there any good for the Malays to continue the Internal Security Act (ISA)? It is good to view how the Internal Security Act (ISA) has influence the Malay itself. Whether with this rule, the Malays have become more dynamic and more mature community or vice versa. Let’s take a look from economic perspective. How was the current situation for Malay’s financial system? The answer is Malays was the last in terms of property and business these days. Malays failed to get 30% equity property in economic domain when the DEB (Dasar Ekonomi Baru) coming last in 1990. So, is it Internal Security Act (ISA) helped the Malays increase their economic wealth? The reader can answer the question with an instant respond, am I right? Next, from the social aspect, Malays sit on top of the most public problem. Drug adductors mostly coming from Malays, not a great shock to hear that. In breaking of a religious or moral law, Malays is number one. Even “Pengkid” problem, the “fatwa” or ruling on a point of Islamic law given by a recognized authority was needed to solve this problem to hinder from increase to a greater height of number. Last but not least, from the perspective of language and nobility of nation. At this time, Malay language has been acknowledged as a formal lingo in Malaysia since the Independence Day, but it is not qualified to be chosen as a formal language in Science and Mathematics. So what? Based on argument above, it is safe to say that, there are no solid reasons for the Malay NGO struggle with full power to give Internal Security Act (ISA) continue to exist in current situation especially in 21th century where the so called “Law of The Jungle” should be abolished as soon as possible in order to people get their right and fair in the law court.
The history to learn by heart… When we talk about Internal Security Act (ISA), we should fall back to the past time history of Prophet Yusuf a.s to be our main reference in judging predicament. When Prophet Yusuf and Zulaikha were captured, Prophet Yusuf was given a chance to defend himself. The Prophet Yusuf’s cloth tattered at the back shows that Zulaikha pull him when he wanted to escape. So, Zulaikha was proven as trying to entice Prophet Yusuf at that time. If the Egypt ruler at that time, who owns a majestic government with colossal soldiers behind him, can give Prophet Yusuf chance to defend himself, is there any chance for Internal Security Act (ISA) detainees who have been arrested year after year to get their own entitled?
REFERENCES 1) Fan Yew Teng, 2008. Internal Security for Abdullah. Harakah, 22-25 September 2008.
2) Mohd Shukor, 2008. The law for the people. Harakah, 15-18 September 2008. 3) Suhaimi Taib, 2008. Internal Security Act should be abolished. Sinar Harian 21 September 2008.
4) www.asienkunde.de/articles/Malaysia2 5) www.infernalramblings.com/ 6) www.worldfutures.info/Analysis/Islamic-World/Malaysia-Minister-resignation-sign-ofailing-Malaysian-politics
7) www.feer.com/politics/2008/october/Malaysias-Authoritarian-Resurgence 8) www.atimes.com/atimes/Southeast_Asia/DI17Ae01. 9) www.en.wikipedia.org/wiki/Internal_Security_Act_(Malaysia) 10)www.hrw.org/legacy/backgrounder/asia/malaysia-bck-0513.htm 11)www.amnesty.org/en/library/info/ASA28/006/2003/en 12)www.bythefault.com/2008/11/16/malaysias-internal-security-act-isa-strikes-again/ 13)www.edition.cnn.com/2001/WORLD/asiapcf/southeast/08/06/malay.isa/
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