ISA: THE ESSENTIAL STORY Part I

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ISA THE ESSENTIALSTORYPart I What, Why
When?byANAK BANGSA MALAYSIA
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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.

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PREAMBLE to ISA

• WHEREAS 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

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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

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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

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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• The Emergency Ordinance was repealed on 31 July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

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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

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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.

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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.

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Enche' D. R. Seenivasagam (Ipoh)

• Mr. Speaker, Sir, the very strong objections to
  this Bill are on a number of grounds
• preventive detention without proper safeguards
• the Bill encompasses not only organised violence
  but it encompasses every citizen in this country,
  whether peaceful or otherwise
• 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.

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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 youperhaps not you but the
  children of those who to-day support this
  Billwill say "My God! we regret the day we
  introduced this Bill into this House.

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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
  inidalam 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?

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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 himand I hope he will
  accept it, but I have my doubtsthat on the
  second reading of this Bill I would propose that
  this Bill be referred to a Select Committee.

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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
  dangerousand 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.

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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.

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The Deputy Prime Minister (TunAbdul 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.

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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.

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USE OF ISA THE 1960S

• 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

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THE 1970S........

• 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

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THE 1980S........

• 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.

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THE 1990S........

• 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

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2000 - 2008........

• July 2000 al-Maunah 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

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2009 - ........

• ?

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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

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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
• NST30 July 2006

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• END of PART I.....
• THANK YOU FOR YOUR PATIENCE ANAK BANGSA MALAYSIA