West's war on terror hinders M'sia law reform: Suhakam
The West's war on terrorism has made it more difficult to get Malaysia's notorious detention-without-trial laws repealed, the country's human rights commission said in its annual report released today.
"As old democracies such as the United States and Britain resort to preventive detention laws in their war against terrorism, the Malaysian government sees their action as further validation for the retention of the ISA (Internal Security Act)," the commission said.
"Such action by Western governments and the threat of religious militancy in countries like Malaysia have made the struggle by civil liberties groups to get the ISA repealed event more difficult."
The Human Rights Commission of Malaysia (Suhakam)is a government-backed organisation which has been criticised as ineffectual by non-governmental groups.
Malaysia has in the past year used the ISA, which allows for indefinite detention without trial, to jail 62 alleged members of a Muslim militant group accused of plotting to topple Prime Minister Dr Mahathir Mohamad.
Many of those detained are members of the opposition PAS, and some rights groups have accused the government of using the law simply to silence its critics.
"A persuasive argument was made that the ISA, which was enacted in 1948 to fight the communist insurgency, had outlived its purpose since the disbandment of the Malayan Communist Party in 1989," Suhakam said in its second annual report.
By the end of 2001, however, arguments were made that the ISA was still needed to deal with a new threat confronting Malaysia, that of religious extremism and terrorism.
"Questions are raised: Should we give up freedom in order to protect freedom? Should the rights of the minority be sacrificed in order to protect the majority?" Suhakam asked.
Violated liberties
It said these issues were being debated in many democratic societies as they grappled with new anti-terrorism laws that violated cherished fundamental liberties.
The rights body would hold wide consultations this year to examine the ISA and other preventive detention laws with a view either to repealing or amending specific provisions to ensure that judicial safeguards were strengthened.
Suhakam praised a decision by Justice Mohamad Hishamuddin Mohamad Yunus to release two ISA detainees in May on grounds that their detentions were unlawful, done in bad faith, violated their constitutional rights and ignored procedural safeguards.
Authorities should study the judgement and ensure that any use of the ISA would strictly comply with its provision on justification for arrests, it said.
Suhakam also labled a blanket ban imposed last July on political rallies held in open spaces as an undue restriction on freedom of assembly and expression.
There is no provision in the federal constitution which provides for such a ban, it said.
PAS had defied the ban and when police intervened to stop its rallies, a number of party leaders were arrested and charged with holding illegal assemblies.
Suhakam said a relaxation of restrictions imposed on the right to peaceful assembly would go a long way to easing public discontent.
It hailed the statement by Mahathir that the authorities would identify suitable public areas for peaceful assemblies.
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