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RIGHTS-MALAYSIA: Protests Mount Against Draconian Anti-Terror Law

Baradan Kuppusamy

KUALA LUMPUR, Oct 1 2008 (IPS) - Public opposition is steadily building up against Malaysia’s draconian Internal Security Act (ISA), a relic of colonialism that gives police unchallenged discretion to arrest and indefinitely detain anyone without trial.

Multi-ethnic Malaysia is one of the few countries in the world that has such a law and the reason given for its continuance is maintenance of inter-ethnic peace – an argument that has lately become untenable.

While many ordinary Malaysians agree and support the ISA, the arrest of a prominent blogger, a journalist and an opposition lawmaker under its provisions, last month, appears to have jolted the public.

The journalist and the lawmaker were released almost immediately, following a public outcry and nationwide protest, but the blogger, Raja Petra Kamaruddin, who runs the ‘Malaysia Today’ website, has been sent to the Kamunting political detention camp in northern Perak state for two years.

Under the ISA, detentions can be renewed every two years, and at last count over 60 people were in ISA detention, many of them since 2001. Detainees include those on charges of being members of the regional Jemaah Islamiah militant group that was behind the 2002 Bali bombings and is said to be linked to the global al-Qaeda.

Nationwide public protests, to have Kamaruddin and other ISA detainees released, are continuing with candle light vigils, leafleting, protest marches, on-line petitions and even tonsures.

What makes the current round of protests against the use of the ISA and demands for its repeal different is that fact that ordinary, usually apolitical Malaysians have joined the chorus. This has put pressure on the government to at least review some of the more horrendous provisions of the law such as solitary confinement without access to family or lawyer.

‘’No democracy can tolerate a law like the ISA – it is a shame on a country, its people and society at large,’’ said Raymond Tan, an accountant who attended a packed ‘Abolish ISA’ forum recently.

Due to the pressure the authorities have announced that a review of ISA is possible, but have ruled out repeal. Several reviews were undertaken in the past but until now no amendments have been made to the ISA.

One reason why the issue remains unresolved is the contradictory positions found in the constitution- which guarantees personal liberty on the one hand but also sanctions detention without trial on the other.

The judiciary has also failed to clarify, always ruling that since parliament passed the ISA, lawmakers know best what is good for the country and that judges had no business interfering.

This narrow view of law and justice contrasts with what is happening in countries like India where ‘activist judges’ are making laws and forcing changes through bold rulings.

The protests – by ordinary people, lawyers, politicians and even cabinet ministers – are gathering momentum and may eventually force the government to review at least some of the provisions, say observers.

Leading the protests is the Pakatan Rakyat coalition, led by opposition leader Anwar Ibrahim, which has launched a nationwide protest campaign that is attracting unprecedented public support.

"The ISA is the greatest injustice possible – a democracy holding a critic without trial,’’ said Kamaruddin’ wife, Marina, who addressed a 3,000-strong crowd at the launch of the anti-ISA protest on Sep. 16.

‘’ISA is a primitive and powerful weapon … it strikes fear into the hearts of critics, political opponent and ordinary people,’’ Ragunath Kesavan, vice-chairman of the Bar Council which groups about 13,000 lawyers, told IPS. ‘’The council strongly opposes the ISA and at emergency general has demanded for an immediately repeal of the security law.’’

As the protest mounts, it is clearly visible that the fear of the ISA is easing among ordinary people many of whom now boldly join anti-ISA protest rallies, previously attended only by opposition party members.

Even the usually reserved Catholic Church, Hindu priests and Islamic religious scholars have joined the protests, adding their weight for a repeal of the ISA.

The protest indicates a changing perception of the ISA among the people. Where before they thought it is a necessary evil, many strongly oppose it as draconian.

‘’There is nothing here to review. The right thing to do is to repeal the law immediately and sent it into the dustbin of history,’’ Lim Guan Eng, the chief minister of opposition-ruled northern Penang state, told IPS.

‘’The ISA law is a shame and a blot on democracy,’’ said opposition lawmaker Murugesan Kulasegaran. ‘’It is unjustifiable. There are enough laws in the country to curb extremism of any kind without having to detain people without trial,’’ he told IPS, giving voice to the general belief that a repeal of the ISA is long overdue. Most Malaysians reject the arrest of Kamaruddin because he is already charged with sedition and defamation and the cases are before the courts.

‘’He should be heard in court and only a judge can convict him if at all he is guilty,’’ said Tan Sri Ramon Navaratnam, chairman of Transparency International’s Malaysia chapter. ‘’It is very disturbing that the ISA is being increasingly used against those who freely and sincerely express honest and transparent views.’’

‘’The easy and unnecessary use of the ISA is a major setback for the maturing democracy in Malaysia," Navaratnam told IPS. ‘’These repressive laws are archaic and outdated and not relevant anymore in a progressive and lively democracy.’’