ISA, HUMAN RIGHTS AND THE RECENT PAST – Part 1

By Dr Syed Husin Ali


The Malaysian State is becoming increasingly authoritarian. Although regular elections are held to elect parliament, yet genuine democracy and justice have been slowly reduced to naught, making the government almost dictatorial. Power is concentrated almost in the hands of PM Dr Mahathir
Mohamad, who has ruled for twenty years. The three important pillars of democracy, namely the judiciary, media and police have been reduced to becoming no more than tools to be manipulated by the leader for his own advantage and to perpetrate his rule.

During the last half a year the government, using the police, have arrested and detained under the Internal Security Act (ISA) nearly thirty reformist and political activists from opposition political parties as well as from the NGO. Several youthful leaders of the Justice Party (keADILan), involved with open politics and exercising their rights to organise and participate in peaceful assemblies or demonstrations, have been arrested and subsequently served the order of detention for two years without trial under the ISA by the Home Minister. The police arbitrarily accused them of being
involved in illegal attempts to topple the government by force.

In addition, a number of equally young activists from the Islamic Party (PAS) have received similar order of detention. They were accused of being involved in a militant Islamic organisation, dubbed as KMM, again alleged with the familiar objective of trying to bring down the government by illegal means. In both cases, the police and the Home Ministry have not provided an iota of evidence to support their actions. They feel safe to do so, knowing that the detainees cannot resort to the court of law, and that
they can extend the detention order indefinitely after every two years.

To stop any party or organisation from organising protests against or giving explanations on the unjust actions of the government, the police have now banned public gatherings or rallies by opposition parties (but not the government ones). Any gathering attended by more than four persons can be
considered illegal in the eyes of the police, and those involved, even for purpose of giving talks in private land or homes, have been arrested or faced with stern actions.

At the same time, while opposition views and activities are denied access through the government owned or controlled media, the Home Ministry has banned several tabloids (such as Detik, Ekslusif and Wasilah) that courageously take independent (not even anti-government) positions, set limits to the publication of opposition newspapers, and refuse publishing permits to some opposition parties. The government is also riding high in dominating the judiciary, since the days Mahathir succeeded to remove the Lord President Tun Salleh Abbas and three judges, who were known to be quite open and independent minded.

Following the terrorist attacks on the WTC and Pentagon, and the formation of the US-led coalition against terrorism, Mahathir has been trying to take advantage of the situation. For a long time his government has been criticised locally and overseas for the use and abuse of the ISA, which is
considered to violate fundamental human rights. Mahathir appears to make a breakthrough in establishing better relations with the US, by condemning the terrorist attacks in New York and Washington and supporting the international co-operation to fight against terrorism.

He is trying hard to convince critics among his people and in the West, particularly the US, that the use of the ISA is justifiable because it is aimed at curbing so-called "terrorism" in the country. In fact, to defend the ISA, the government-controlled media are spreading the Malaysian government propaganda that the US is trying to imitate it by introducing an act similar to the draconian ISA for the purpose of combating terrorism. But the truth of the matter is that the ISA is being used presently, as it has often been used in the past, to spread the psychology of fear among the people, and weaken the opposition in order to perpetrate the rule of the government in power.

The present situation political situation in Malaysia certainly did not come out of the blue. Many political developments in the past have helped to shape it. It is not possible here to present a comprehensive treatise tracing all these developments. What I intend to do is to focus only a few
historical "happenings" which I consider to be highly relevant in influencing to shape Malaysian politics today. I concentrate on independence, Indonesian confrontation, 13th May racial conflict, Baling
peasant "uprise", Operation Lalang and the Anwar saga.

ISA, HUMAN RIGHTS AND THE RECENT PAST – Part 2

ISA, HUMAN RIGHTS AND THE RECENT PAST – Part 3

ISA, HUMAN RIGHTS AND THE RECENT PAST – Part 4

ISA, HUMAN RIGHTS AND THE RECENT PAST – Part 5