Dark Days and Darker Nights A Malaysian Story of National ‘Security’

By Chew Chuan Yang, Documentation In their haste to ‘safeguard’ & 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 It has been three years the despair experienced by refugees since ISA was repealed and we can still who were within reach of safe haven feel its stranglehold on us.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 (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 . – 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 (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 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 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 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. Ultimately, one could consider GMI and The greatest lesson SUARAM gained SUARAM’s campaigns as a success as throughout the ISA campaigns is it resulted in the eventual abolishment of reflected in the conduct of SUARAM in ISA in 2012 and the release of detainees the fight against detention without trial. over the years. Even so, we cannot claim With years of experience in working with our campaigns as an indomitable victory Government agencies – in some cases, for human rights for several reasons. against them – legal professionals and First and foremost, despite the success victims’ families, SUARAM was able to experienced throughout the years, the efficiently act as intermediary for all the ISA was still used by the Government parties involved and help facilitate the against political dissenters, as we have release of detainees, whenever possible. witnessed in 1998 and 2008. Secondly, despite the fact that ISA was repealed 76 Akil, Yunus, ‘Pota officially comes into effect’, in 2012, a similarly draconian law , 1 September 2015.

176 The lessons SUARAM learnt in fighting headlines, doing so is sometimes ISA, and by proxy detention without trial, insufficient, as a single spike in public are not only applicable to its current interest does not necessarily equate campaign on ending all detention without with sustained public support. Sustained trial in Malaysia. With SUARAM’s public support requires a constant and expanded mandate to champion all never ending drive by the campaigners civil and political rights, and monitor in order to ensure that the issue receives all human rights violations, the lesson sufficient public notice and support. learnt from GMI have proven fruitful The other facet comes into play when a and served its participation in other campaign reaches its low point in public movements, such as Gerakan Hapuskan support. Akta Hasutan (GHAH, also known as The Movement for the Abolishment of the In all campaigns, there would likely come Sedition Act). The lessons learnt have a point where other pressing issues also better equipped SUARAM to handle or events would take precedent and issues pertaining to death in police push the campaign into the shadows. custody and other human rights issues While such incidents are sometimes prevalent in Malaysia. unavoidable, the campaigner or the organiser must act as the driving force Lessons from years of behind the campaign and ensure that the campaigning campaign will not flounder into obscurity. This is especially important in a Through the years of campaigning campaign that involves a myriad of non- against these draconian laws, SUARAM governmental organisations (NGOs), learnt that there were several important as was the case with the GMI. As each conditions that an organisation must NGO has their own mission and focus, it foster in order to achieve greater is likely that some NGOs will be unable success when championing their cause. to commit sustained support for a pro- First and foremost, the importance of longed joint campaign. In such times, the sustained public support is of paramount leading NGO must be ready and able to importance in any campaign. There are take the lead to ensure continuity and two facets to this. First, the organisation consistency. in question must ensure that there is visible public support and maintain a Secondly, international support and healthy pace throughout the campaign external pressure is indispensable in period. In the 2010s, the prevalence achieving the aims of some campaigns. of Internet has made outreach easier With the prevalence of the Internet, it is for most organisations, a luxury most relatively easy for anyone and everyone organisations did not have in the 1990s to get in touch with others abroad. and early 2000s. Building international awareness of an issue or incident is of utmost importance Perhaps due to the ease of making as it ensures that the issue or incident at hand is scrutinised by external parties

177 and generates pressure against the harassment. In 2012 when SUARAM instigator of an issue or incident. took active steps to pursue corruption allegations, related to Dato’ Seri Najib Further, many international actors Razak in the procurement of two document and report on the incidents Scorpene submarine, SUARAM was that take place in Malaysia. SUARAM ‘visited’ by various Government agencies has learnt the value of keeping an open for its activities.77 78 line of communication with these parties and ensuring that they are up-to-date Despite the harassment, it was on the incidents taking place and those perhaps a blessing in disguise, as that occurred behind the scene. With SUARAM learnt greatly from this ordeal information flowing both ways, all parties and established better standard of can provide adequate documentation procedures to handle such inspections and report to reflect upon when the time and investigations. We now know that comes. it is important that there are plans in place to ensure continuity irrespective Thirdly, information is a key currency in of Government interference. If such modern day activism. While it is unlikely interventions manage to shut down for any organisation or Government an operation, campaigns easily lose entity to effectively blockade the flow momentum and may cease to be of information today, dissemination relevant once the intervention ends. of false information can sometimes be far more effective, since it can The future of SUARAM twist public perceptions and, in some cases, demonise or weaken a cause These experiences SUARAM has gone or campaign. To combat this, we have through over the years have served learnt that campaigners and activists us well in our other projects and will must endeavour to provide accurate likely be equally helpful in our future and timely information and updates endeavours. When compared to what to relevant agencies or media, when other NGOs and activist may face in appropriate, to ensure a continued other troubled regions, our experience and consistent flow of information certainly pales in comparison. For with minimal chance of sabotage or those that find themselves in better misinformation. circumstances, our experiences may be difficult to relate to. Irrespective of Lastly, the greatest lesson we have our origins and current predicament, learnt throughout the years may be a little comical to some, but a grim 77 International Federation for Human Rights reality for others. As an organisation (FIDH), ‘Malaysia: Harassment against Ms. Cynthia that tends to highlight and challenge Gabriel, SUARAM Secretariat Member’, 13 August 2013. ‘sensitive’ and ‘volatile’ issues, campaigners and activists at SUARAM 78 K Pragalath, ‘CCM ‘raiders’ leave Suaram empty- naturally experiences occasional police handed’, Free Malaysia Today, 4 July 2012.

178 we believe that all NGOs and activists, regardless of their origins, can agree These are but some of the few projects to the importance of determination and activities in which SUARAM and perseverance in championing our collaborates with other NGOs in respective causes. Malaysia. While the success of these projects is still uncertain, we are With these in experiences in mind, where optimistic that our experience from our do we, SUARAM go in the future? The past endeavours will help us in making initial struggle of SUARAM has ended these projects a success. with a small victory for human rights, freedom and the organisation itself. Apart from our collaboration with our Unfortunately, when we take a step back esteemed compatriots, SUARAM to look at the bigger picture, we must persists in its efforts to monitor and admit that we have barely left the starting document violations of human rights in line when it comes to the struggle to Malaysia. While SUARAM may have realise human rights in friendly Malaysia. originated with the fight for civil and political rights, we can no longer stand With the multitude of human rights on the side line while other human rights violations in Malaysia, SUARAM cannot issues arise in Malaysia. To better serve operate in a vacuum while championing our country and community, we have human rights. To this end, SUARAM is therefore expanded our monitoring and actively working with other NGOs and documentation work in order to record activists in improving the human rights and document these issues. situation in the country. We believe that SUARAM still stands On the international front, SUARAM true to its ideals of its early days. The is the co-secretariat of the Coalition of grounds and tools have evolved over the Malaysian NGOs (COMANGO) and years, and SUARAM has likewise grown member of FORUM-ASIA. For those to meet the challenges of 21st century in unfamiliar to COMANGO, COMANGO Malaysia. In light of the recent arrests of is a coalition of various human rights Khairuddin under SOSMA79, it is clear NGO in Malaysia. COMANGO’s raison that there is still much to be done and d’être is to actively participate in the that it is unlikely that SUARAM’s struggle Universal Periodic Review (UPR) for civil and political rights in Malaysia process that Malaysia goes through will come to an end any time soon. As and to put forward recommendations per SUARAM’s motto, working for human to the Government in regards to its rights, we will continue our work with international obligations and ratifications diligence. So hopefully one day we will of international bill of rights. On the be able to look back with pride and tell domestic front, SUARAM is an active the world: ‘We played a role in creating a member of local coalitions such better Malaysia that is no longer tainted as Gerakan Hapus Akta Hasutan - with grave human rights violations’. Movement for the Abolishment of the Sedition act or GHAH. *** 179 Chew Chuan Yang is Documentation & Monitoring Coordinator for SUARAM ([email protected])

Sevan Doraisamy is Executive Director of SUARAM ([email protected])

79 Azhar, Alyaa, ‘Police, gov’t seek one month for Khairuddin’s Sosma hearing’, Malaysiakini, 30 September 2015.

180