Home / News / Urgent Appeals / UPDATE (MALAYSIA): Abolish the Internal Security Act (ISA) Campaign
 

UPDATE (MALAYSIA): Abolish the Internal Security Act (ISA) Campaign

September 2, 2001

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal 31 August 2001
----------------------------------------------------------------------
UP-36-2001 (RE: UA25/01: National day greetings to the people and the government of Malaysia)

UPDATE (MALAYSIA): Abolish the Internal Security Act (ISA) Campaign
----------------------------------------------------------------------

NATIONAL DAY GREETINGS TO THE PEOPLE AND THE GOVERNMENT OF MALAYSIA !!

Today, August 31, 2001 is Malaysia’s 44th National Day.

The last year has been an eventful year for Malaysians and seen a tremendous growth of the resistance of the people against a government which became more oppressive as it became more insecure of its support from the people.

The most blatantly repressive acts of the government have been in the use of the Internal Security Act, since April this year, to arrest and detain several groups of people without form of process.

The first round of ISA arrests in 2001: political leaders and activists

Ten people were arrested under the ISA in what is now revealed as the "Omega Operation" in April 2001. Those arrested were prominent political and social activist. Currently six of them are being detained without trial for two years in Kamunting Detention Camp. Two were released by the police while two others were released by the landmark ruling on 30th. May 2001, by Justice Mohd. Hishamudin Mohd Yunus of Shah Alam High Court, who ruled that the detentions under the ISA were unlawful, and ordered the police to release them immediately.

The six currently serving a two years detention without trial period are:

Chua Tian Chang, Vice President National Justice Party
Mohd Ezam Mohd Noor, National Youth Chief of National Justice Party
Saari Sungib, Central Committee Member National Justice Party
Hishamuddin Rais, Social Activist/Free Lance Columnist
Badrul Amin Baharom, Central Committee Member National Justice Party
Lokman Nor Adam, Youth Leader of National Justice Party

Though the Government made serious allegations on the above six such as being involved in illegal activities including having links with guerilla movements outside the country, no evidence was forthcoming to prove these allegations.

In fact, as has appeared, in the affidavits of the 10 detainees, none of them had been interrogated on the allegations which were the basis of their arrests, which calls into question the government’s claim that the arrests were made on grounds of national security.

Second Round of ISA arrests - students

A second round of arrests was carried out resulting in a crack down on student activism. Two student leaders were arrested under the ISA, seven students were detained overnight and eventually charged for illegal assembly, progressive student movements were monitored, several homes of student leaders were raided and show-cause letters send to respective leaders. Lately, a number of students who have been earlier charged for illegal assembly have been suspended by their respective universities even before they have been found guilty by the courts.

Third group of ISA arrests : Muslim militants or Islamic opposition?
The latest victims of the draconian ISA are those detained May and August 2001. They have been accused for being involved in ‘militant?activities to overthrow the government.

Of these detainees, 3 have been sent to Kamunting detention centre for 2 years detention without trial. They are:
Murad Halimmudin Hassan, Muhammad Azian Andul Rahman Nazri and Uztaz Mohamat Iqbal B. Abdul Rahman -

One - Nazri Romli - was put under restricted residence orders for 2 years.

The rest are still in the first 60 days of detention without trial. They are:
Mohd Rashid Ismail, Jaafar Karamah, Abu Bakar Che Dol,
Asfawani Abdullah, Zainun Ismail @ Cikgu Nan, Solehan bin Abdul Ghafar
Alias bin Ngah, Noor Ashid Sakib, Ahmad Pozi Darman
Ahmad Tajuddin Abu Bakar, Mohd. Lotfi b. Ariffin, Nik Adli Nik Abdul Aziz

The police have linked this group of arrests to three incidents:

i. A foiled robbery at Southern Bank Jalan Gasing on May 18th. which the police claim is linked to a Jihadi group.
ii. Members of a group which the police claimed the name of KMM (Malaysian Mujahideen Group) which is alleged to have intentions to overthrow the government by violent means.
iii. Members of Jemaah Tabligh Malaysia (JTM) an unregistered Muslim Organisation with 15,000 members and having its headquarters in India and Pakistan.

However, the current ISA arrests seems to target Muslim groups accused of being militant, armed and dangerous, and includes some members of the opposition Islamic party PAS, who have been or are currently involved in these groups.

Political observers in Malaysia suggest that they could be intended to create fear among non-Muslims on the existence of militant Muslim groups and reduce the popularity which PAS has gained among non-Muslims. Such action would divert the attention of the nation on the serious economic crises being faced by the nation, and consolidate Prime Minister Mahathir’s position until the next General Election.

ISA is nothing else than violation of basic human rights

Whatever the allegations of the government, AHRC, together with all human rights loving people in Malaysia, holds that the ISA like all such national security laws around the world is in itself, and leads to, violation of basic human rights.

Since 1960, thousands of people including trade unionist, student leaders, labour activist, political activist, religious groups, academicians, NGO activist have been arrested under the ISA. The ISA has been consistently used against people who criticise the government and defend human rights. It has been the most convenient tool for the state to suppress opposition and open debate. The Act is an instrument maintained by the ruling government to control public life and civil society.

The ISA provides for ‘preventative detention?without trial for an indefinite period. The ISA violates fundamental rights and goes against the principles of justice and undermines the rule of law.

The ISA goes against the right of a person to defend himself in an open and fair trial. The person can be incarcerated up to 60 days of interrogation without access to lawyers. A person is presumed innocent till proven guilty but under the ISA the person is deemed guilty until she/he toes the line of the government of the day.

The ISA is immoral and cruel. It condones torture and humiliation. It is opposed by all major religions practiced in the world.

The National Human Rights Commission of Malaysia (SUHAKAM) has clearly condemned the use of ISA and called for those arrested to be charged in court.

We call upon the Malaysian government on the occasion of this auspicious National Day, which should be a time of celebrating MERDEKA for everybody, to give a token of good faith to the people of Malaysia. You can show this by the following:

?Release all those detained under the ISA unconditionally
?Repeal the ISA
?Condemn the abuse and disrespect on freedom of assembly and expression demonstrated by the police and other law enforcement agencies, as reported by the Human Rights Commission, Suhakam.
?Heed the recommendations of Suhakam, regarding police behaviour, and regarding ways to ensure the rights to unrestricted and legal peaceful assemblies, which are necessary for restoring democracy and human rights in Malaysia.

Yours Sincerely,


ACTION REQUESTED: PLEASE SEND THE ABOVE LETTER, OR YOUR OWN LETTER TO:

Datuk Abdullah Ahmad Badawi
Home Minister,
Aras 13, Block D1, Parcel D,
Pusat Pentadbiran Kerajaan Persekutuan,
65202 Putrajaya.
Fax-603-8886 8014
email: tpm@smpke.jpm.my

Tan Sri Norian Mai
Inspector General of Police,
Ibupejabat PDRM,
Bukit Aman,
50560 Kuala Lumpur
Fax 603-22731326

Ybhg Tan Sri Musa Hitam
Chairperson
Malaysia Human Rights Commission,
29th. Floor, Menara Tun Razak,
Jalan Raja Laut,
50350 Kuala Lumpur.
Fax- 603-26125620
Tel-603-26125600
email: humanrights@humanrights.com.my

And the Malaysian Consulate in your country,
You can also send the letter from AHRC’s on-line Abolish ISA Campaign site at : http://www.ahrchk.net/ua/malaysia/isa/index.html

Document Type :
Urgent Appeal Update
Document ID :
UP-36-2001
Issues :
Document Actions
Share |
Subscribe to our Mailing List
Follow AHRC
Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.