Dark Days and Darker Nights A Malaysian Story of National ‘Security’ By Chew Chuan Yang, Documentation In their haste to ‘safeguard’ Malaysia & Monitoring Coordinator, and Sevan from these perceived threats, they Doraisamy, Executive Director, inadvertently hurt the ones they seek to SUARAM, Malaysia protect, the citizens of Malaysia. As we enter into the final quarters of The Internal Security Act of 2015, we find ourselves in a world that 1960 can be considered as the most peaceful era thus far in human history. Yet, within Throughout our history, Malaysia was this tranquillity, we have witnessed the in no way a stranger to such draconian rise of the Islamic State and various laws. The Internal Security Act 1960 terror organisation that are wreaking (ISA), a law made to combat the rise havoc among innocent civilians; we of communists and eventually used to have witnessed the cruelty and apathy combat political dissent, carved its place of human traffickers exploiting those in Malaysian history and in the psyche who are vulnerable; we have witnessed of Malaysians. It has been three years the despair experienced by refugees since ISA was repealed and we can still who were within reach of safe haven feel its stranglehold on us. and yet denied entry; and we have also witnessed individuals, guilty and innocent Before Malaysians were given time to alike detained without trials on the assess the damage ISA had done to grounds of national security. our hearts and souls, we were caught unaware with the introduction of two So where does Malaysia stand in this new legislations that sought to replace swirling mass of cruelty and injustice? its predecessor. The Special Offences It is fortunate that we, Malaysians, do (Special Measures) Act 2012 (SOSMA) not find ourselves mired in sectarian and its younger sibling the Prevention violence. Neither do we find ourselves of Terrorism Act 2015 (POTA) came into engaged with ‘open’ warfare against existence with the same promises and terror threats. Despite our fortunate assurances their predecessor did and circumstances, we find Malaysian yet, it did not shake the popular belief politicians and ministers implementing that it is but a vengeful spectre of its legal mechanism that would grant predecessor, the ISA. governmental agencies power to detain a person without trial on the ground of terror threats and national security. 173 It was from these draconian laws that From the jungle to the streets Suara Rakyat Malaysia (SUARAM) awakened. For us to share SUARAM’s Despite the end of the insurgency in experience throughout SUARAM’s the late 1980s, ISA was not repealed. years of activism and campaigning, it Through subtle manipulation and is inevitable that we must look back at artificially manufactured justifications, what we have seen, what some have the ISA was eventually used to control experienced, and what others had to and curtail another threat against suffer in the long struggle against ISA. the Government of Malaysia. Before Without further ado, let us share our its demise, ISA was no longer an experience and struggle in Malaysia’s ‘innocent’ tool to combat threats to ignominious past. national security. It was a tool abused and corrupted to combat the threat of The ISA 1960 was introduced in an era democracy and civil activism against an when Malaysia was struggling against authoritarian regime. The ‘combatants’ 69 a communist uprising that sought to turned from gun totting guerrillas in the overthrow the State through violent dense jungles of Malaysia to voracious means and establish a communist consumers of writing instruments living Malaysia. In order to help suppress in the dense concrete jungle of modern communist combatants, the Prime Malaysia. Minister of the day put forward the ISA to help control and curtail the communist The darkest point of ISA was during threats that Malaysia experienced during Operasi Lalang71 – Weeding Operation the Malayan Emergency. – in October 1987. The rumour of ISA as a threat against political dissent was The shift in ISA’s ‘diet’ from terrorists no longer a threat nor a rumour. The to activists was not one that was ISA showed Malaysians and the world immediately apparent to most. In the its true colours as a tool to silence 70 early 1970s some politicians took dissenters. From politicians to academics notice of the ominous use of ISA to educationist; irrespective of one’s against political dissenters. Despite the background, those who were critical of suspicions, no further inquiries were the ruling Government of the day – or made as the Communist Insurgency perceived to be – were branded as a War was on-going and such laws threat to national security and swiftly were seen as a necessary evil in the dealt with by the Malaysian Special fight to preserve national security and sovereignty. 69 M. Ladd Thomas (2015), ‘The Malayan Communist Insurgency’, Asian Affairs 4 (5). 70 Statement made by Lim Kit Siang (MP for Bandar Melaka), Malaysian Parliament Hansard, 30 July 1971. 71 Aliran.com, ‘Operation Lalang Revisited’. 174 Branch – intelligence agency attached to ISA and for the immediate release of all Royal Malaysian Police. In many of the individuals detained under ISA. Despite cases of arrests during Operasi Lalang, the relentless effort put into fighting the the charges were ambiguous or an ISA, it took more than 20 years before outright fabrication made up by the Home the Government of Malaysia decided to Ministry in order to justify detention. Such repeal the ISA.72 impunity and blatant disregard for rule of law became the hallmark of ISA till the Between the years when GMI was day it was repealed. formed to the day ISA was repealed, mass arrests such as those during Suara Rakyat Malaysia Operasi Lalang were fortunately not (SUARAM) a common occurrence. For most part, ISA was not commonly used to detain The founders of SUARAM were but political opponents or dissenters. some of many that were arrested during Unfortunately, this record was tainted in 1998 during the Reformasi those dark days. Through the harrowing 73 74 experience they went through during movement and subsequently in their time detained under ISA, some of September 2008 with the arrest of Raja Petra Kamarudin, Teresa Kok them decided that it was necessary for 75 an organisation to champion human and Tan Hoon Cheng. The obscure rights and monitor violations of such and outrageous reasons given for their rights in Malaysia. arrests on both occasions – in the case of Tan Hoon Cheng, the reason With this idea in mind, the founders of for detention was allegedly her own SUARAM set out on their journey of protection – sent Malaysians reeling establishing the organisation. The early in fear of other mass arrests such as days of SUARAM were highlighted those witnessed during the dark days of with high profile involvement in cases Operasi Lalang. involving detention without trial. In time, and based on the experience SUARAM gained over the years, it was decided 72 Teoh, Shannon, ‘Najib Announces repeal of ISA, that such a mandate was no longer three emergency declarations’, The Malaysian sufficient. With this in mind, SUARAM Insider, 16 September 2011. expanded its mandate and sought to 73 The ‘Reformasi’ is the name given to a protest address all other violations of civil and movement that began in September 1998 political rights in Malaysia. throughout Malaysia. In SUARAM’s early years, SUARAM 74 Symonds, Peter, ‘What Anwar Ibrahim means by “reformasi” in Malaysia’, World Socialist Web Site, played an active role in the Gerakan 26 November 1998. Mansuhkan ISA – also known as Abolish ISA movement or GMI – and 75 Walker, Rowan, ‘Malaysia blogger arrested for served as its Secretariat. GMI actively posting anti-government comments’, the Guardian, campaigned for the abolishment of the 12 September 2008. 175 Campaigning against ISA was put in place to replace ISA. This law we refer to is of course, SOSMA Despite such grim prospects, GMI and introduced in 2012 and its younger SUARAM were not as powerless as sibling, POTA which came in to force 76 it seemed. Throughout the years of on 1 September 2015. Lastly, even campaigning, GMI managed to secure though ISA is no longer a tool available the release of several detainees made to the Government, the Government under the ISA. They managed to still has other legal provisions that document incidents where ISA was used, allow detention without trial such as and publicised them in order to garner the Prevention of Crime Act 1959 public support and raise awareness and the Dangerous Drugs – Special regarding the use of ISA in Malaysia. Preventive Measures – 1985. These The highlights of GMI, and by proxy laws run parallel to SOSMA and POTA SUARAM’s success, came when GMI with a slightly different ‘target group’. In managed to organise an Anti-ISA rally conclusion, one could say that SUARAM that attracted 30,000 participants, which and the GMI movement were successful likely influenced the Government’s in putting an end to ISA, but experienced decision to repeal the ISA. Through limited success in combating detention its activities and campaigns, GMI also without trial in Malaysia. managed to garner support against ISA from the state legislature for Selangor The growth of SUARAM and Perak respectively. The support received was overwhelming with the While the limited success may be Perak state legislature agreeing to disappointing to those who have extend assistance to families of those sacrificed much of their lives to this detained under ISA and providing struggle, SUARAM, as an organisation, assistance in mobilising the 30,000 has learnt plenty and has gradually participants for the Anti-ISA rally. grown more adept in tackling issues pertaining to detention without trial.