Archive for category ISA
WSJ: Najib ‘barely keeping up’ with political reform demands
Posted by Kit in Human Rights, ISA, Najib Razak on Wednesday, 11 April 2012
By Yow Hong Chieh
The Malaysian Insider
Apr 11, 2012
KUALA LUMPUR, April 11— Prime Minister Datuk Seri Najib Razak is “barely keeping up” with reform demands despite promising to lead Malaysia into an era of fair political competition, the Wall Street Journal said today.
The influential daily said in an editorial today that while the Security Offences (Special Measures) Bill tabled yesterday represented “real progress”, it was still “too broad” and could be abused for political purposes.
It also noted that the Bill was only one of two laws meant to replace the Internal Security Act (ISA) and that a second Bill on racial hate laws that could prove to be even more contentious had yet to be tabled in Parliament.
“Since affirmative action policies favouring the Malay majority are a major political issue, will politicians be detained during key periods for criticising them or organising peaceful demonstrations?” the paper said.
“Mr Najib could have shown more sincerity and avoided these problems if he had allowed public consultation on the ISA reforms. Instead he has tabled this bill with the clear intention of passing it as quickly as possible.”
The WSJ also cited opposition claims that while the Najib administration had shied away from using the ISA in recent years, it had still used the Sedition Act against political opponents. Read the rest of this entry »
BN’s Cold War siege mentality is omnipresent
Posted by Kit in Human Rights, ISA, Parliament on Wednesday, 11 April 2012
— Liew Chin Tong
The Malaysian Insider
Apr 11, 2012
APRIL 11 — Public attention yesterday was focused on the introduction of the new Security Offences (Special Measures) Bill 2012 (SOSM), tabled to replace the Internal Security Act (ISA). However, few noticed the simultaneous tabling of amendments to the Penal Code, Evidence Act and Criminal Procedure Code to vest an unholy axis of power in a government that will only lead to a ticking time bomb for all freedom-loving Malaysians.
Most disturbingly, the amendments to the Penal Code portrayed a government operating under a Cold War siege mentality, giving the authorities near martial law powers. In particular:
1) The new Section 124B of the Penal Code creates an offence known as “activity detrimental to parliamentary democracy”, punishable by twenty years imprisonment. Flimsily defined in the new Section 130A as “an activity carried out by a person or a group of persons designed to overthrow or undermine parliamentary democracy by violent or unconstitutional means”, this section opens the backdoor for questionable convictions that could violate human rights if used by an irresponsible government.
Furthermore, under Section 124C, an attempt to commit an “activity detrimental to parliamentary democracy” is punishable by fifteen years imprisonment. Fears of abuse of process are raised when a mere attempt to commit the crime is meted out such a heavy punishment. Read the rest of this entry »
Criticism grows over ISA replacement’s threat to basic rights
Posted by Kit in Human Rights, ISA, Parliament on Wednesday, 11 April 2012
By Shannon Teoh
The Malaysian Insider
Apr 11, 2012
KUALA LUMPUR, April 11 — Putrajaya’s law to replace the Internal Security Act (ISA) has met with growing criticism over claims that it persists in denying basic liberties, just hours after being tabled in Parliament.
Global civil liberties watchdog Human Rights Watch (HRW) said in a statement this morning the Security Offences (Special Measures) Bill 2012 will “open the door to a range of future abuses” if it is passed, as expected, by the ruling Barisan Nasional (BN).
DAP lawyer Gobind Singh Deo also added to criticism by his counterparts from the Bar Council who said yesterday the Bill must be reviewed as “counter-terrorism laws… must not usurp the very rights and freedoms that the terrorists themselves are threatening.” Read the rest of this entry »
Sell One Law, Get Two Free?
Posted by Kit in ISA, Kee Thuan Chye on Thursday, 10 November 2011
By Kee Thuan Chye
Penang Economic Monthly
IS the Internal Security Act (ISA) really going to leave us? In name as well as in spirit? Will its body be laid to rest forever and its soul consigned not to purgatory but to hell, where it will be burned to nothingness and never more be resurrected?
Or will the government of Prime Minister Najib Razak design the two laws proposed as its replacement such that the repressiveness inherent in the ISA will live on, and the ruling regime can use it to its political advantage?
These are the questions on the minds of Malaysians who have at one time or another spoken out against the ISA or campaigned for its abolition over the years. For no law has had such power in shaping aspects of its people’s personality and the socio-political culture they live in than this law that authorises detention without trial.
Even in recent times, you could hear Malaysians in private conversations lowering their voices and looking over their shoulders whenever they spoke about something that seemed slightly “sensitive” – for fear of being overheard and hauled away by some Special Branch officer who might be hiding behind a potted plant.
Read the rest of this entry »
Malaysia in the Era of Globalization #87
Posted by Kit in Bakri Musa, ISA on Monday, 31 October 2011
Chapter 10: Freedom, Justice, and the Law
Personal Liberty in Malaysia –
Chilling Effects of Repressive Laws like ISA
An editor of a Malaysian professional publication invited me to be its regular contributor. I readily agreed, and aware of the local psyche and ambiance, purposely submitted a rather bland first piece. He readily published it but chided me for being too cautious as Malaysia “has changed” since I left the country. Encouraged, my next piece was more critical, and sure enough, his earlier encouragement notwithstanding, he sheepishly told me that his board had vetoed my submission! Thus ended my brief career as a columnist for that outfit! I later submitted the same piece to a mainstream paper (owned by the ruling party) and much to my surprise, it was published unchanged. I later sent the editor of the first publication the published copy; he felt rather small. The truth was, the mainstream paper had a new editor and I decided to test his professionalism and independence.
Read the rest of this entry »
Malaysia in the Era of Globalization #86
Posted by Kit in Bakri Musa, globalisation, ISA on Tuesday, 25 October 2011
By M. Bakri Musa | October 23rd, 2011
Chapter 10: Freedom, Justice, and the Law
Personal Liberty in Malaysia – The Abomination That is the ISA
To me the ISA is an abomination. If indeed the Act is for the protection of society, as its supporters suggest, then it has failed miserably. ISA did not prevent the May 1969 tragedy, the 1984 Memali massacre, or more recently, the equally deadly Kampong Medan melee. Surprisingly, the government chose not to use this powerful statute to arrest members of the Al Maunah group involved in the deadly arms heist in 2000 of the army camp in Grik, Perak. Instead the state charged them with waging war against the King. Surely such a crime is the ultimate threat to peace. If there is one situation where the ISA would have been appropriate, this is it. But the government opted for an open trial where its evidence was subjected to cross-examination and public display. There was no indication that the nation’s security and safety were compromised by the subsequent open trial.
Read the rest of this entry »
A-G bad choice to draw up ISA replacement laws, says ex-CID chief
By Debra Chong | September 23, 2011
The Malaysian Insider
KUALA LUMPUR, Sept 23 – Datuk Seri Najib Razak has picked the wrong man to spearhead his legal transformation programme, a former senior police officer said today.
Datuk Mat Zain Ibrahim urged the prime minister to rethink his choice of Attorney-General Tan Sri Abdul Gani Patail to lead the government group tasked with drawing up two new security laws to replace the soon-to-be repealed Internal Security Act (ISA) and other laws that allow for preventive detention.
“Concern arises because PM Najib is still using the services of an Attorney-General whom the government itself has confirmed to be involved in criminal wrongdoing in the name of public justice,” the ex-Criminal Investigation Department (CID) chief said today in an open letter.
Read the rest of this entry »
Malicious/selective prosecution of Mat Sabu should dampen euphoria in certain quarters sparked by Najib’s latest gambit to brand himself as reformer par excellence to make Malaysia “ best democracy in the world”
Posted by Kit in ISA, Najib Razak, PAS on Thursday, 22 September 2011
The malicious and selective prosecution of PAS Deputy President Mat Sabu for criminal defamation should dampen the euphoria in certain quarters sparked by the Prime Minister Datuk Seri Najib Razak’s latest gambit to brand himself as the reformer par excellence to make Malaysia the “best democracy in the world”.
The proposals to set up a parliamentary select committee on electoral reforms, to repeal the nefarious Internal Security Act (ISA) and to amend various laws such as Printing Presses and Publications Act (PPPA) have not been able to stand up to close scrutiny that they are intended to usher in a major democratisation of the country.
The proposed parliamentary select committee will only be meaningful if it results in changes to the electoral system to ensure free and fair elections as envisaged in the Eight Demands of Bersih 2, and most important of all, that such reforms are all effected before the dissolution of Parliament and the holding of the next general elections.
Read the rest of this entry »
Can the separation of power in Malaysia become reality?
Posted by Kit in ISA, Judiciary, Najib Razak on Tuesday, 20 September 2011
— Koon Yew Yin
The Malaysian Insider
Sep 20, 2011
SEPT 20 — The recent announcement by Prime Minister Datuk Seri Najib Razak of pending political reforms is an important step in the right direction for the country. These reforms are needed to complement the earlier economic ones. The prime minister’s boldness in enacting these reforms has been applauded by all quarters, except for supremacist groups such as Perkasa who have been agitating for the harsher use of punitive laws against groups opposed to their notion of Malay rights and who are against any liberalisation of the status quo.
However, critics and cynics have questioned whether the reforms are being undertaken by the government to gain popularity and to counter the increasing potency of these civil liberty issues in the coming general election. Concern has also been expressed on whether the new laws to deter terrorism may be misused by the authorities and may have the same effect of stifling legitimate dissent. Also the proposed decision to abolish annual licensing for the print media under the Printing Presses and Publications Act is really a minor improvement since the home minister’s decision not to renew a licence is final and cannot be disputed in any court of law. Read the rest of this entry »
A Whiff of His Father’s Leadership
Posted by Kit in Bakri Musa, ISA, Najib Razak on Monday, 19 September 2011
by M. Bakri Musa
In announcing the repeal of the Internal Security Act and other repressive laws, Prime Minister Najib Razak secures for himself an enshrined spot in Malaysian history.
Of the many thoughtful comments on Najib’s historic announcement, the one that struck at the heart of the issue was that by former Mufti of Perlis, Dr. Asri Zainul Abidin. He declared, “The ISA is an un-Islamic law. It infringes [upon] individual rights and can be easily misused by leaders, so repealing it was a very Islamic move.” Amen!
“Najib’s announcement,” Asri continued, “is more valuable than any bonus payment or salary increase because repealing the ISA means the restoration of human rights … which is more valuable than money.” That is putting things in their proper perspective.
I disagree however, with the Mufti’s characterization of Najib’s move as a “gift” to the people. When someone robs you of something and then returns it, that is no gift, merely restoring what is rightly yours. The ISA and other restrictive laws rob us of our precious possession, our freedom. That is Allah’s gift to us, as enshrined in the Koran. It is not for mere mortals, no matter how exalted their earthly positions, to tamper.
Nonetheless I do hear the Mufti. Good Muslims ought to be grateful for their blessings, however small. I want to be a good Muslim, and Najib’s announcement is a huge blessing, so I am very grateful. Alham dulillah! Praise be to Allah! Read the rest of this entry »
Anything But Umno (Part 2)
Posted by Kit in ISA, Najib Razak on Sunday, 18 September 2011
— Ali Kadir
The Malaysian Insider
Sep 17, 2011
SEPT 17 — Humility is a virtue which everyone of us should aspire to but many of us prefer pride.
So we should not be surprised that Prime Minister Datuk Seri Najib Razak and Barisan Nasional are claiming credit for announcing the removal of some laws which the BN government has used for decades to stifle dissent, lock up critics and control the press.
Strange isn’t it that they are silent about being the architects of the ISA and other laws but quite happy to claim credit for proposing their demise.
This is like a factory owner or dare I say rare earth plant, which pollutes the neighbourhood for 20 years, and then congratulates itself for shutting down the factory, not saying sorry for the increase in the number of deaths from cancer. Read the rest of this entry »
It was People Power that finished off the ISA
Posted by Kit in Human Rights, ISA, Judiciary on Saturday, 17 September 2011
Aliran Executive Committee
Malaysia Day, 16 September 2011
Prime Minister Najib Razak’s announcement that the ISA and the Emergency Ordinance would be repealed has taken the nation by surprise. He also announced that Section 27 of the Police Act (on public assemblies) and the requirement for publishing permits to be renewed annually would be dropped.
Most people would be inclined to welcome these announcements. But we would be well advised to temper any celebration with caution. What will replace these oppressive laws is not clear and has not yet been revealed in much detail.
The repeal of the ISA and EO is an acknowledgement that the government can no longer sustain the use of these laws without strong public condemnation and opposition. The repeal of these two laws is the only logical move. Read the rest of this entry »
Peanuts, not sweeping reforms
Posted by Kit in Human Rights, ISA, Kee Thuan Chye, Najib Razak on Saturday, 17 September 2011
by Kee Thuan Chye
Free Malaysia Today
September 16, 2011
Let’s not be fooled, people. The changes Najib announced are merely cosmetic, and will have to be passed in Parliament first before they become effective.
COMMENT
PEANUTS. That’s what Prime Minister Najib Tun Razak’s so-called “sweeping reforms” are. They hardly amount to a political transformation.
While it’s cheering to note that the Internal Security Act (ISA) will be repealed – finally, after our many years of waiting – and that the Emergency proclamations are to be lifted – a decision that is decades overdue –it’s disturbing to be told that they will be replaced by two new laws aimed at preventing subversion and safeguarding public order.
And even though the detention period under these new laws may be shorter, with further extensions to be made by court order, the Home Minister is still the one to decide who gets detained for suspicion of being a terrorist. Read the rest of this entry »
For now, a healthy dose of scepticism
Posted by Kit in ISA, Najib Razak on Friday, 16 September 2011
By Ong Kian Ming | Sep 16, 11
Malaysiakini
Many who read this commentary would accuse me of being unnecessary cynical, that I am not giving credit where it is due. Those who know me better would know that I am an optimist at heart. Which is why I want to caution everyone who is ecstatic over Prime Minister Najib Razak’s announcements tonight to take what he says with a large bucket of salt.
On paper, Najib’s announcement to repeal the Internal Security Act 1960 (better known as the ISA) and the less well-known Banishment Act 1959 as well as to review certain sections of the Restricted Residents Act 1933, the Printing Presses and Publications Act 1984 and the Police Act 1967, should be applauded and welcomed by all who advocate for a freer and more democratic country.
But instead of reacting with glee and overwhelming optimism, I have instead chosen to take a more sceptical, and in my humble opinion, more realistic view of these announcements for three related reasons. These are:
(i) The experience of having too high hopes in the promises made by Najib’s predecessor, Abdullah Ahmad Badawi (Pak Lah), prior to the 2004 general election.
Read the rest of this entry »
Hisham says cannot rule out ISA for July 9 rallies
Posted by Kit in Bersih, Election, Hishammuddin, ISA on Sunday, 26 June 2011
By Shazwan Mustafa Kamal
June 26, 2011 | The Malaysian Insider
HULU SELANGOR, June 26 — Datuk Seri Hishammuddin Hussein has not ruled out using the Internal Security Act (ISA) against the July 9 rallies, but said today the Home Ministry will use other security laws for now.
Election watchdog Bersih plans to hold a mass rally on July 9, while Perkasa and Umno Youth plan to hold counter-rallies on the same day. Police arrested 30 Bersih activists yesterday on grounds of waging war against the King.
The Home Minister stressed that action would be taken against anyone who causes havoc on July 9, and said that the police were impartial in the matter. Read the rest of this entry »
Mahathir should make a greater effort to remember his astounding meeting before Operation Lalang giving assurance of no ISA arrests
Yesterday, despite denials by DAP National Chairman and MP for Bukit Gelugor Karpal Singh (who was one of the seven DAP MPs detained by Tun Mahathir’s Ministerial order in 1987) and I that there had been such a meeting or assurance before the Operation Lalang crackdown, the former Prime Minister stuck to his version, saying:
“This happened 20 years ago. I remember distinctly having the meeting. I don’t really remember the faces of those who were there, but I am quite certain that Karpal Singh was not there and that Lim Kit Siang was there.”
This is most untypical of Mahathir, who is credited with elephantine memory except when for political reasons he chose to be a victim of amnesia – as during his 90-minute testimony before the Royal Commission of Inquiry into the Lingam Videotape Scandal in January 2008 where he said “I cannot remember” or its equivalent 14 times!
Could it be possible that he had “met all of the opposition members and assured them that they would not be arrested” and he could not remember their faces except mine – or when, where or who else from his side who were present or party to the meeting?
Mahathir should make a greater effort to remember this astounding meeting before Operation Lalang mass arrests where he allegedly “met all of the opposition members and assured them that they would not be arrested” – not only the who, but all other details as to the where, when and how the meeting came about, together with eye-witness accounts. Read the rest of this entry »
Would Opposition leaders have let off Mahathir for two decades if he had broken his assurance before Operation Lalang that they would not be arrested under the ISA?
Former Prime Minister Tun Dr. Mahathir Mohamad has maintained what he said in Tom Plate’s new book “Doctor M: Operation Malaysia – Conversations with Mahathir Mohamad” that he had “actually met all of the opposition members (beforehand) and assured them that they would not be arrested”.
Following my rebuttal that I had never met Mahathir and that he never gave me any assurance that I would not be arrested before the launch of Operation Lalang on Oct. 27, 1987, Mahathir repeated yesterday: “I met Kit Siang and his friends as a group”.
He said he felt some of the political figures did not need to serve detention at that time.
“It was the police who took action against them and I accepted their decision.”
I had challenged Mahathir to name the Opposition leaders he had met and given assurance that they would not be arrested – now reduced to “Kit Siang and his friends as a group” –but subsequently overruled by the police in the Operation Lalang crackdown, but Mahathir has not been able to name anyone of the others.
Read the rest of this entry »
A blackly comic whodunit
By Kee Thuan Chye | FMT
OPERATION Lalang was a black day in Malaysian history. On Oct 27, 1987, 106 people were detained under the ISA in one fell swoop. Most of them were from opposition parties and NGOs. A few newspapers were suspended. It traumatised Malaysians and made them submit to the culture of fear. Some have yet to recover from it.
Whoever initiated Operation Lalang did a strong disservice to the nation. It was a shameful exercise of power. Whatever the reason or reasons may be for invoking the ISA on that occasion on so many individuals, there is no fair justification for doing so.
Perhaps that is why Dr Mahathir Mohamad, who was the prime minister then, has recently come out to say he was not responsible for it. In typical Mahathir fashion – for he is accustomed to blaming others for things he might have done – he blamed it on the police.
In his interview with Tom Plate for the recently published book Doctor M: Operation Malaysia – Conversations with Mahathir Mohamad, he said:
Read the rest of this entry »
Mahathir rewriting history on Ops Lalang
Posted by Kit in DAP, ISA, Mahathir, Najib Razak on Wednesday, 9 February 2011
Former Prime Minister Tun Dr. Mahathir Mohamad is rewriting history when he blamed the police for the 1987 Operation Lalang mass Internal Security Act (ISA) arrests, claiming that he was furious over the mass crackdown.
In the new book, “Doctor M: Operation Malaysia – Conversations with Mahathir Mohamad” by Tom Plate, Mahathir said:
“Well, I would have handled it differently, except that the police wanted to do these things because they say it is necessary…
“I actually met all of the opposition members (beforehand) and assured them that they would not be arrested. And you know what the police did? They arrested them. My credibility is gone.”
Mahathir is not only suffering from selective memory and faulty memory but is spinning untruths about his misdeeds in his 22 years as Prime Minister.
I never met Mahathir and he never gave me any assurance that I would not be arrested before the launch of Operation Lalang on Oct. 27, 1987, although a day earlier I had spoken in Parliament in the 1988 budget debate warning of escalation of racial tensions and calling on all political parties “to agree to a one-year moratorium where no racial, language, cultural or religious issues will be created or raised for every Malaysian to concentrate on the national priority of achieving economic recovery and growth”.
Let Mahathir name the Opposition leaders had had met and given assurance that they would not be arrested but subsequently overruled by the police in the Operation Lalang crackdown! Read the rest of this entry »
Mahathir blames police over Ops Lalang
Regina Lee | Feb 9, 11
Malaysiakini
Former prime minister Dr Mahathir Mohamad had pointed at the direction of the police over Ops Lalang, which saw 106 people arrested including top political dissidents under the Internal Security Act in 1987.
In the most recent book on Mahathir, ‘Doctor M: Operation Malaysia – Conversations with Mahathir Mohamad’, the former premier of 22 years revealed that he was furious over the mass crackdown.
“Well, I would have handled it differently, except that the police wanted to do these things because they say it is necessary…
“I actually met all of the opposition members (beforehand) and assured them that they would not be arrested. And you know what the police did? They arrested them. My credibility is gone,” he said.
“You must have been furious!” retorted Tom Plate, the interviewer and author of the book.
“Yeah, but what can I do? You see, I have to accept that they are the people on the ground that makes a decision. I give general authority to them,” continued Mahathir, who was known as a strongman who brook little dissent. Read the rest of this entry »
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