It is now 45 years since the British, the colonial master of then Malaya, first created and enacted the Internal Security Act (ISA) in this country to combat the communist insurgency. After the British had left and the communists got licked, the ISA was made into a lasting political edifice.

The ISA has been honed to perfection and amended 20 times in the past 45 years (most of it during the last 22 years) and made even more repressive than the original, to contain, cripple and crush legitimate dissent. The scenario has not changed with the present government of Abdullah Ahmad Badawi.

This year, the country also celebrates the 10th anniversary of the publication of Rais Yatim's Freedom Under Executive Power in Malaysia: A Study of Executive Supremacy - a convincing and compelling doctoral dissertation which he had even dedicated "....to all who have suffered from the tyranny of executive excesses".

Of course Rais had, since re-joining the executive, 'deserted' his dissertation, and called his voluminous vehemence for the ISA "merely an academic exercise". It may be best to leave the author to contend with his own conscience over his tragic compromise. But what Rais has written remains relevant and serves as an excellent rebuttal against the desperate proponents of the ISA.

The past and present governments have often claimed, when responding to accusations of human rights neglect and the abuse of the ISA, that great importance has been placed on human rights. Rais exposes this as rhetoric and hypocrisy by highlighting quite clearly that " ...the ISA is an anti-human rights legislation that ignores the rule of law" (p. 295).

In contrast to the insistence by the powers that be that human rights are respected in this country, Rais presents a different picture which is very accurate even of today's government: "That there are clear violations of human rights by invoking the ISA and other draconian legislation is an

understatement" (p. 289).

Flimsy excuse

Rais' book provides examples of his argument that the choice by the State of perpetuating the formidable power under the ISA without any valid basis is purely a 'political' one. This of course contradicts the frequent claim by the State that the ISA has never been used for purposes of frustrating the government's political opponents.

He adds: "...it is not unknown for the ISA to be politically used to silence opposition. Looking at the number of opposition leaders, academicians and activists who have been detained in the past decade, especially under Operation Lalang, this allegation appears now to be unrebuttable..." (pp. 292-3).

In his book Rais also makes dubious the State's portrayal of the ISA being a law used for the purpose of "ensuring that the peace and the stability of the country is protected".

He says: "...by taking advantage of emergency, security and public order situations the executive has been able to perpetuate emergency rule even though the basis upon which an emergency is based has long elapsed" (preface).

As for the flimsy excuse of "security" often employed by the State, Rais writes: " ...the fact remains that the detention of the above persons, as was the case in Operation Lalang, was clearly linked to their political beliefs, and not to the prospective harm the relevant persons would have brought upon the security of the country" (p. 290).

Equally untenable is the "national interest" claim or excuse. Rais argues: " ...what is "national interest" is not defined. It may easily include political considerations by the (Home) Minister" (p. 264).

No one has written with such clarity on the ISA and the rule of law than Rais in his book. In his preface he points out that "rule by law and not rule of law supersedes and takes priority in most aspects of ruling the people and ...the future for the rule of law and human rights in Malaysia is dismal."

"...In all these amendments (to the ISA...) the trend has not been to strengthen the rule of law but to add to the already formidable array of executive powers. (pp. 255-56)......for so long as this situation prevails the rule of law is necessarily marginalised in the preservation of fundamental human rights in Malaysia. (pg 289)

Perhaps the sentence that captures it all is: "Detention without trial is indeed the antithesis to the rule of law..." (p. 287).

Golden opportunity

As for the supposed independence of the judiciary in curbing the use and abuse of the ISA, Rais does not seem optimistic at all in his book: "The ISA has indeed emerged as the most powerful executive instrument in affecting arrest and detention without any judicial control whatsoever. Perhaps this is why the ISA has been described as "white terror" (p. 290).

"An executive not having to worry about judicial scrutiny over its actions in an Act of Parliament such as the ISA will almost replace the rule of law completely. In the case of Malaysia this tendency is only a matter of time and the courts may not be effective barricade to such an eventuality" (p. 297).

As the former de facto Law Minister, Rais Yatim had the golden opportunity to set things rights. If he had acted courageously enough to pave the way for the repeal of the ISA he would have been recognised and remembered as a Towering Malaysian today.

Sadly, and probably out of personal political expediency he preferred to perform a somersault and has so appropriately landed in a job that he would be quite comfortable in - the Minister of Culture, Arts and Heritage. Rumours have it that the Minister is thinking about his second dissertation, something related to the courtesy campaigns he has been conducting.

The nation has often been warned of the danger of "re-colonisation" by the West. Very ironically such "re-colonislation" is already taking place in the form of the "white terror" that the powers that be continue to unleash on its very own people.

This "white terror" leaves a black mark on the whole nation. It would however be foolish to expect the powerful elite to repeal the Act, for the Internal Security Act has very little to do with "internal security" but everything to do with Umno's security.

The fate of this nation ultimately lies in the hands of the people. May God grant the citizens of Malaysia the courage never to fear, faint, flinch nor falter in our fight for freedom and against all that the ISA represents.

(Written in honour and appreciation of, and in solidarity with, the ISA detainees over the past 45 years - the many brave and towering men and women, who, together with their families, went through indescribable suffering for the sake of truth and freedom in Malaysia.)