ISA: THE ESSENTIAL

STORYPart I – What, Why When?

by

ANAK BANGSA MALAYSIA

INTERNAL SECURITY ACT, 1960 (Act 82)

An Act to provide for : the internal security of Malaysia, preventive detention, the prevention of subversion, the suppression of organised

violence against persons and property in specified areas of Malaysia

[West Malaysia - 1st August. 1960; East Malaysia - 16th September 1963.]

PREAMBLE to ISAWHEREAS action has been taken and further

action is threatened by a substantial body of persons both inside and outside Malaysia

(1) To cause, and to cause a substantial number of citizens to fear, organized violence against persons and property; and

(2) To procure the alteration, otherwise than by lawful means, of the lawful Government of Malaysia by law established;

AND WHEREAS the action taken and threatened is prejudicial to the security of Malaysia;

AND WHEREAS Parliament considers it necessary to stop or prevent that action;

PROVISIONS Prohibition of Organisations and

Associations of a Political or Quasi-Military Character and Uniforms

Powers of Preventive Detention Special Powers relating to Subversive

Publications Control of Entertainments and Exhibitions Other Powers for the Prevention of

Subversion Special Provisions relating to Security

Areas

WHAT IS ISA?

ISA is a preventive detention law in force in Malaysia.

Any person may be detained by the police for up to 60 days without trial for an act which allegedly prejudices the security of the country

After 60 days, one may be further detained for a period of two years each, to be approved by the Minister of Home Affairs, thus making indefinite detention without trial

WHEN DID THE ISA BECOME LAW?

The precursor to the ISA was the Emergency Regulations 1948 -1960 promulgated by the British Colonial Regime to counter the then Communist Insurgency

The Emergency Ordinance was repealed on 31 July 1960

The ISA came into force on 1st. August 1960

WHY WAS THE ISA INTRODUCED?

When the ISA was introduced in 1960, solemn promises were made in Parliament that the law will be used judiciously and only against communists, terrorists and subversives

The Deputy Prime Minister (TunAbdul Razak): 21 JUNE 1960

“The Hon'ble Prime Minister and other Members of the Government, including myself, have made it quite clear on a number of occasions that, because the Emergency is to be declared at an end, the Government does not intend to relax its vigilance against the evil enemy who still remains as a threat on our border and who is now attempting by subversion to succeed where he has failed by force of arms. It is for this reason that this Bill is before the House. It has two main aims:

Firstly to counter subversion throughout the country and,

Secondly, to enable the necessary measures to be taken on the border area to counter terrorism.”

The Deputy Prime Minister (TunAbdul Razak): 21 JUNE 1960

“Let me make it quite clear once again that the object of detention is to safeguard the security of the country and not to punish persons for crime. A person is detained for what it is considered he may reasonably be expected to try to do but not for what he is proved beyond doubt to have done. He is detained because he represents a risk to the security of the country and not because he is a member of a lawful political party.

The Government has no desire whatsoever to hinder healthy democratic opposition in any way. This is a democratic country and the Government intends to maintain it as such. It is the enemies of democracy who will be detained.”

Enche' D. R. Seenivasagam (Ipoh):

“Mr. Speaker, Sir, the very strong objections to this Bill are on a number of grounds:

(1) preventive detention without proper safeguards;

(2) the Bill encompasses not only organised violence but it encompasses every citizen in this country, whether peaceful or otherwise;

(3) powers given to the Police are so wide, so terrifying, that every citizen of this country will be in constant fear, in constant and absolute fear throughout the days of his life so long as this Bill remains law.”

Enche' D. R. Seenivasagam (Ipoh):

"You pass this Bill, but remember that one day somebody else, perhaps, not as democratic as you are, may be sitting on that very Bench; and when that time comes you—perhaps not you but the children of those who to-day support this Bill—will say "My God! we regret the day we introduced this Bill into this House.”

Enche' Ahmad Boestamam (Setapak):

“Tuan Yang di-Pertua, berkenaan dengan kuasa polis. Dalam cheraian ini di-sebutkan: saorang Pegawai Polis yang di-bawah pangkat Inspector boleh melakukan penangkapan dengan tidak ada menggunakan warrant. Kalau dalam masa dharurat hak yang demikian itu diberikan kapada polis menangkap sasaorang dengan tidak ada warrant, barangkali dapat di-ma'afkan, tetapi dalam masa ini—dalam masa dharurat tidak ada, kenapa sa-orang Pegawai Polis itu tidak di-beri warrant untok melakukan penangkapan, pemereksaan, pengelidahan dan lain2?

Saya menganggap bahawa kuasa yang ada kapada Pegawai Polis sekarang ini sudah terlalu luas, dan memberikan kuasa yang demikian ini menangkap sa-saorang, menggelidah rumah sa-saorang dengan tidak ada warrant, ini ada-lah keterlaluan dalam semua kuasa2 ini.

Saya bertanya, apa-kah ini di-adakan, apa-kah ini, di-chiptakan dengan maksud untok menjelmakan negara ini kapada satu negara polis?

Dato' Onn bin Ja'afar [Kuala Trengganu Selatan]

“ I agree with the general principle of this Bill. I feel that it is absolutely necessary that there should be legislation of this kind to replace the Emergency Regulations which will expire on the 31st of July, but I do hope that the Honorable Minister will make a careful note of this.

I would like to warn him—and I hope he will accept it, but I have my doubts—that on the second reading of this Bill I would propose that this Bill be referred to a Select Committee.”

Enche' Chin See Yin (Seremban Timor):

“ The question before us is: whether this Bill, if we adopt it, will be good or evil to the country. The success or failure in the administration of a law depends on the governing party.

Now we are going to enact a law that contains very wide powers— the power of preventive detention for a period of up to two years is a very wide power, and can be said to be very dangerous—and if it is left in the hands of someone who is not fair, who practises something that is not good, or who is revengeful or vindictive, then it is going to cause harm to the country.”

Enche' K. Karam Singh (Damansara):

“It makes this country a complete police State. Anyone, even the leading members of the opposition parties, can have their political activities controlled and curbed and their freedom completely destroyed.

We ask, since our freedom will be destroyed by this Bill, what becomes of the conception of freedom and the conception of independence?

Independence without freedom is an empty independence, because the people of this land fought for their freedom, fought for their independence, so that they will be free.

They did not fight for independence so that they become unfree, so that they become slaves of the police.”

The Deputy Prime Minister (Tun

Abdul Razak :

“The Government considers it very necessary that we should in the present circumstances of the country have this Bill.

Government accepts the principle of preventive detention as a matter of necessity, because we must prevent subversive element from jeopardising the welfare of our young and independent country.”

The Minister of External Affairs (Dato' Dr. Ismail):

“In parliamentary democracy the powers given to the Government are the powers given by the majority of the people in the country, and no government worthy of its name in any democratic country will dare to abuse these powers so long as parliamentary democracy exists, because public opinion is the restraining influence behind any government in any democratic country.

I say, let these powers be abused, and you will see how the people in the country will rise against it.”

USE OF ISA :THE 1960’S

Nov.1960 : 60 Socialist Front members for suspected ties with the communists

1962 -1965: Parti Rakyat & Labour Party leaders & suspected ”communists” in Sarawak for opposing formation of Malaysia

1967: Asahan & Triang Estate Workers for organising a strike & “long march”

1967-1968 : PR & LP leaders for pro-communist sympathies

May 1969: Opposition Leaders [ LKS,V.David,others]

THE 1970’S........ Jan 1970 : 2 PR Pahang State

Assemblymen 1971 -1973: 200 PR & LP workers and

members and Trade Union leaders in Kedah, Perak, Penang, Selangor

1974-1975: Student Activists from universities

1974: SNAP Leader James Wong 1976: PR Leaders Kassim Ahmad &

Razak Ahmad; Journalist Samad Ismail & 6 Others including “dua Abdul” accused of communist sympathies & plot to seize leadership of UMNO

THE 1980’S........

1984 : PAS Legal adviser Suhaimi Said 1985: 36 Muslim villagers in Memali,

Baling led by Ibrahim Libya for deviant teachings

1986: Penan group for blocking logging 1987: 106 under Operasi Lallang 1989: 2 UM students for demo. against

a concert & PAS journalist who reported the arrest; 6 for possession of ‘home made shotguns called ‘bakakuk’.

THE 1990’S........ 1991 : 4 Sabah PBS Leaders for ‘plot’ to

secede 1994: Leader of Darul-Arqam for deviationist

teachings 1996: 18 other Darul-Arqam members 1997: 10 Shiah Muslims for threatening

security 1998: 2 Achenese for outbreak of violence in

Semenyih refugee camp May1998: Individuals incl. Police &

Immigration officers for involvement in illegal migrant workers

Sept 1998: DSAI & 28 other Reformasi activists

2000 - 2008........ July 2000 : al-Ma’unah militant group

in Sauk, Perak 2001: Kumpulun Mujahidin Malaysia

for alleged links to Jemaah Islamiah & Al-Qaeda

April 2001: 10 Parti Keadilan & Reformasi 1996: 18 other Darul-Arqam

2002 -2007: Members of Jemaah Islamiah & Darul Islam Sabah

Dec. 2007: Hindraf 5 Sept 2008: Tan Hoon Cheng, Teresa

Kok, RPK

2009 - ........

?

HOW MANY ARE IN DETENTION?

Since August 1960, 4,139 were detained under ISA

12 people were executed for offences under the ISA between 1984 and 1993.

As of January 2009, 43 people are still under detention. These include:

Darul Islam – 13 Hindraf – 5

"Jemaah Islamiah" – 13 Document falsification – 10

Miscellaneous - 2

FINAL WORD

“Organised violence is the key to the preamble, but a lot of people who had nothing to do with organised violence at all have been arrested”

Prof. R.H. Hickling, the man who drafted the ISA Bill,1960

[NST;30 July 2006]

END of PART I.....

THANK YOU FOR YOUR PATIENCE ANAK BANGSA MALAYSIA