ISA: THE ESSENTIAL STORY PART II by ANAK BANGSA MALAYSIA 15 March 2009

1. ISA: THE ESSENTIALSTORYPART IIbyANAK BANGSA MALAYSIA15 March 2009

2. PART II • Recap PART I • RATIONALE [FOR vs AGAINST] • YOUR DECISION?

3. ISA :RECAP....... • WHAT? • WHY? • WHEN? • HOW MANY detained? - Since 1960 - as of January 2009

4. ISA :RECAP....... • WHAT? - preventive detention law -Any person may be detained for up to 60 days without trial - one may be further detained for a period of 2 years each • WHY? - to counter Communist subversion & terrorism • WHEN?- 1st. August 1960 • HOW MANY? - Since August 1960 : 4,139 - As of January 2009 : 43

5. The 1st Prime Minister • 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 … under the ISA would never be used to stifle legitimate opposition and silence lawful dissent".

6. The 3rd Prime Minister • Tun Hussein Onn, stated at the same time that his administration had enforced the act only with a view to curbing communist activity, and not to repress ............."lawful political opposition and democratic citizen activity".

7. The 4th Prime Minister • Prior to becoming Prime Minister, Mahathir had also held a critical view of the ISA • In1966, when Mahathir spoke out in support of the Internal Security (Amendment) Bill 1966 as a backbencher, he stated that: “no one in his right senses like[s] the ISA. It is in fact a negation of all the principles of democracy.”  • After becoming Prime Minister in 1981, however........!!!!?????

8. ” The 5th Prime Minister • In 1987, Abdullah Ahmad Badawi stated: “Laws such as the Internal Security Act have no place in modern Malaysia. It is a draconian and barbaric law.” • In 2003 Prime Minister Abdullah called the ISA: “a necessary law,” and argued “We have never misused the Internal Security Act. All those detained under the Internal Security Act are proven threats to society.”

9. The 6th Prime Minister??? • The ONE “DESTINED” to be PM???? “ XXXX YYYY ZZZZ”

10. PART II • Recap PART I • RATIONALE [FOR vs AGAINST • YOUR DECISION?

11. DEVELOPMENTS POST-1989 • The Communist Insurgency officially ended in 1989 with the signing of the Haadyai Peace Accord • In 1989, the powers of the Minister under the legislation were made immune to judicial review by amendments to the Act..

12. WHAT ARE THE GOVERNMENT’S REASONS FOR RETAINING ISA AFTER THE PEACE ACCORD OF 1989? • No country can do without preventive detention laws to safeguard internal security. • Preventive laws are needed to deal with the potential problems and conflicts in a multi-ethnic, multi-religious, multi-cultural society

13. WHAT ARE THE GOVERNMENT’S REASONS FOR RETAINING ISA AFTER THE PEACE ACCORD OF 1989? • The ISA is not only about preventive detention. It deals with such matters as: - ban on quasi-military organizations - subversive publications - restriction on the movement of undesirable persons -proclamation of security areas • The ISA is needed in this age of cross-border terrorism to safeguard the sovereignty of the nation

14. WHY THE ISA IS CONSIDERED A DRACONIAN LAW BY CIVIL SOCIETY? • ISA is contrary to fundamental principles of the rule of law, natural justice and due process, including: - the right to liberty of the person, - to freedom from arbitrary arrest, - to be informed of the reasons for arrest, - to the presumption of innocence, and; - to a fair and open trial in a court of law • ISA remains the core of the permanent, arbitrary powers to detain without trial available to the Executive.

15. WHY THE ISA IS CONSIDERED A DRACONIAN LAW BY CIVIL SOCIETY? • ISA has been used to suppress peaceful political and social activities: - an intimidating effect on civil society - an influence on the nature of political participation - limits the democratic space for important debates on national issues

16. WHAT ARE THE REASONS FOR ABOLISHING THE ISA? • The ISA permits the executive to detain anyone it likes: - without a court trial, - without any possibility of judicial review of the minister's decision and - without any limits on how many two-year periods of detention may be ordered. • The use to detain individual dissidents indulging in non-violent opposition to the Government in peace time is a violation of the letter and spirit of Article 149.

17. WHAT ARE THE REASONS FOR ABOLISHING THE ISA? • National sovereignty is a shield against foreign aggression but it cannot be used as a weapon against one's own people. There is a difference between national security and security of the government. • The overall effect of the ISA is that the Executive is allowed to play the role of accuser, investigator as well as adjudicator • No government can allow one man to exercise such complete power over another's life and liberty.

18. ABOLISH ISA? ..Some Concerns • Many People fear that Repeal of ISA will leave the Government “powerless” to deal with threats to national sovereignty and internal security • Given the Global geo-political scenario Post 911 we need to recognise that governments may need to have some powers of “preventive detention” to combat cross-border terrorism

19. HOW WILL THE NATION COUNTER THE THREAT OF CROSS-BORDER TERRORISM? • The Government can introduce an Anti-Terrorism Act specifically designed to counter cross-border terrorism. • However “checks & balances” must be incorporated in this legislation to ensure the rights of the individual • Examples…..Canada, UK, AUS

20. Rear Admiral (R) Tan Sri K. Thanabalasingam : the first local Chief of Navy (1967 to 1976) “The ISA's original intention was for the sole purpose of dealing with the communist terrorist insurgency and armed struggle conceived to overthrow the duly elected government or to organised violence. I believe that with no communist threat in the country any more, the ISA has outlived its usefulness and become irrelevant and should be abolished or revised. “ {NST, 10.12.2008}

21. Rear Admiral (R) Tan Sri K. Thanabalasingam : the first local Chief of Navy (1967 to 1976) “If the government decides to do away with the ISA, an "Anti-Terrorism Act" should be enacted to check the worldwide terrorism threat. This act should be very specific and clear in its intent and should be used only for this purpose. The ISA has mutated in its use over the past 30 years or so and is now being used for what it was never intended.” {NST, 10.12.2008}

22. PART II • Recap PART I • RATIONALE [FOR vs AGAINST • YOUR DECISION?

23. YOUR DECISION???? • Who is MOST AFFECTED? • WHY ME????? • WHAT CAN I DO?

24. WHO ARE THE PEOPLE MOST AFFECTED ? • The spouses, children and close family members who are deprived of their loved ones and; often times the primary source of their household income • The family members are faced with the social stigma, and in many cases are ostracised by relatives, neighbours, and friends • The family members have also known to face ‘harassment’ from the Authorities

29. WHY ME? • You, your family, your friends are not ‘safe or immune’ from detention under ISA. • A police officer with the rank of Inspector and above can arrest without a warrant and detain you for a period of 60 days with or without ‘good’ reasons for suspicion • You need to defend your democratic right to freedom of speech, assembly and association as guaranteed by Article 10 of the Federal Constitution

30. WHAT CAN I DO? • Educate yourself, family, friends & co-workers • Lobby your MPs and ADUNs • Join and contribute to initiatives organised by Civil Society groups • Other Ideas………???

31. THE LEAST U CAN DO... • HOLD “Little Conversations” every day to “Educate your Fellow Citizens” • Donate to Gerakan Mansuhkan ISA [GMI’s] efforts to sustain detainees’ Families: Contact: Pn. Nashita Md.Noor, Treasurer GMI {013-2096373 }

32. ABOLISH ISA: THE REALITY “It has been suggested in some quarters that the life of this Bill should be only for a period of one year and its extension beyond that period should be subject to the approval of Parliament. This Bill is moved under Article 149 of the Constitution and clause 2 provides for the continuance of the Bill until repealed or annulled by Parliament. ...., this Bill is terminable at any time by resolution of both Houses of Parliament as set out in our Constitution, and the question of the termination of this Bill can be raised at any time on a motion whenever it is considered necessary.” The Deputy Prime Minister Tun Abdul Razak 21 JUNE 1960

33. REALITY CHECK!!! • Scenario 1: CHANGE OF MIND by Govt.? - Unlikely outcome... • Scenario 2: CHANGE OF GOVERNMENT? - Probable but not till next Round GE? • For Scenario 2 to happen ......we need to take RESPONSIBILITY!

34. PRIORITY:Voter Registration • GE 12 March 2008: 4 million Eligible Citizens DID NOT Register to Vote! • By 2012: 2 million more Eligible • U CAN HELP....spread the word & convince the 6 million to “take responsibility” !

35. EC: Voter Registration Info.. HOW TO REGISTER ?Go personally to the Registration Centre;Take along your Identity Card; Ensure Form A is correctly filled by the staff before signing the form; andKeep one copy of the form as proof of your registration WHERE CAN YOU REGISTER ? Election Commission Headquarters OR State Election OfficesORAll Post Offices with computer facilities in the country;Commission’s mobile teams; ANDOther places specified by the Election Commission as Registration Centres.PERIOD FOR REGISTRATION OF ELECTORS You can register during office hours thoughout the year. • http://www.spr.gov.my  • SPR : Tel : 03-88856500

36. THANK YOU.......