THE INTERNAL SECURITY ACT 1960 (ISA)/ AKTA KESELAMATAN DALAM NEGERI - PART 3

Criticism

An artist's portrayal of the Internal Security Act. The law has attracted criticism when dealing with civil rights issues.
Due to the alleged draconian nature of the ISA, several human rights organisations and opposition political parties have strongly criticised the act and called for its repeal. Foreign governments, notably that of the United States, have also pressured the government to repeal the act.

Domestic

Several opposition parties such as the Pan-Malaysian Islamic Party (PAS), the Democratic Action Party (DAP) and Parti Keadilan Rakyat (PKR) have spoken out against the ISA. Many of them have leaders or prominent members who were held under the ISA, such as Muhammad Sabu of PAS, Lim Kit Siang, Karpal Singh and Lim Guan Eng of the DAP, and Anwar Ibrahim of the PKR. Previously in the 1960s, the law had been denounced by such opposition leaders as Tan Chee Khoon, who said:

“ This infernal and heinous instrument has been enacted by the Alliance Government at a time when the emergency was supposed to be over. Then it promptly proceeds to embody all the provisions of the Emergency Regulations which during the Emergency had to be re-enacted every year, but now it is written into the statute book ad infinitum...”

However, several politicians from the Barisan Nasional coalition, including its largest component party, the United Malays National Organisation (UMNO or Umno), that has governed Malaysia since independence have also criticised the ISA. The fifth Prime Minister of Malaysia, Abdullah Ahmad Badawi, went on the record in 1988 to state "If we want to save Malaysia and Umno, Dr Mahathir (then Prime Minister) must be removed. He uses draconian laws such as the Internal Security Act to silence his critics." The year before, he had also stated "Laws such as the Internal Security Act have no place in modern Malaysia. It is a draconian and barbaric law." In 2003 when he became Prime Minister, however, 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." But opposition parties believe it is a threat to Umno rather than a threat to the country.

Prior to becoming Prime Minister, Mahathir had also adhered to a critical view of the ISA. In 1966, 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 however the former premier had little if any hesitation using the law to suppress what he termed racialism but was seen by some as a move against his political opponents, the most notable of events being the infamous Operasi Lalang in 1987.

Recently former rapporteur to the United Nations Param Cumaraswamy, who is on record for his opposition of the ISA, suggested its use on former Malaysian Prime Minister Dr. Mahathir for alleged racial incitement by the latter at a speech in Johor Bahru on May 17, 2008, arguing that the reasoning of the former premier in the use of the law would be applicable against him now in light of his own racial excesses. Such tit for tat justification however was condemned by various groups, notably PAS for incosistancy and double standards shown by the former rapporteur in his position as regards the ISA.

In Kota Kinabalu, United Pasokmomogun Kadazandusun Murut Organisation (UPKO) led by its Secretary-General Datuk Wilfred Madius Tangau, on September 23, 2008, joined its 3 other barisan Nasional (BN) counterparts MCA, Gerakan and MIC, petitioning Government review of ISA. Madius said the party supports former de-facto Law Minister Datuk Zaid Ibrahim's position that the ISA should only be used against those who posed a threat to national security, such as terrorists: "Clearly in the case of Seputih MP, Teresa Kok, Raja Petra Kamaruddin, and Sin Chew Daily reporter, Tan Hoon Cheng, there are so many other public order laws that can be used against them if, at all, there is a case to do so.

Notable uses of the ISA

Since 1960 when the Act was enacted, thousands of people including trade unionists, student leaders, labour activists, political activists, religious groups, academicians, NGO activists have been arrested under the ISA. Many political activists in the past have been detained for more than a decade. Since 2005, 10,662 people have been arrested under the ISA in the past 44 years, 4,139 were issued with formal detention orders and 2,066 were served with restriction orders governing their activities and where they live. In addition, 12 people were executed for offences under the ISA between 1984 and 1993. The ISA has been consistently used against people who criticise the government and defend human rights. Known as the "white terror", it has been the most feared and despised, yet convenient tool for the state to suppress opposition and open debate. The Act is seen by some as an instrument maintained by the ruling government to control public life and civil society.

The ISA was used extensively during the 1987 Operation Lalang in which Opposition members were silenced by the UMNO government through the use of ISA. Many opposition leaders were detained without trial, evidence or reason. The ISA was also used to detain Anwar Ibrahim.
The most recent application of ISA was against Hindu activists belonging to the group HINDRAF who voiced out against the government policies that resulted in Malaysian Indians being marginalized and sidelined from the country's development. In response, Prime Minister Abdullah Ahmad Badawi personally signed the detention order that allows the leaders of HINDRAF to be detained without trial for two years, with the option for the detention order to be renewed indefinitely.