Malaysia cannot aspire to be a role model in championing human rights internationally but remain indecisive in combating domestic injustice, the Bar Council has stressed.

NONE “We are not just seen as a country which follows but a country that leads... we were the first few to come to condemn Israel’s attack on a Gaza-bound humanitarian aid flotilla and against apartheid in South Africa,” said Andrew Khoo (right) , who chairs the Bar Council’s human rights committee.

The arbitrary Internal Security Act (ISA), will enter its 50th year of enforcement come Aug 1 , and this is the right time to abolish the draconian law, he said.

Khoo pointed out that Malaysia should do more than to “just focus overseas” and learn to look at its own backyard.

“Of course the government would say that, with the Act, they have been able to maintain the peace and harmony in the country, but in these years there have been instances where the Act has been abused and misused for political purposes,” Khoo told a press conference in Kuala Lumpur today.

“And once the spirit of the Act has been tarnished and used in this way, it is very hard to try and reform the Act by saying we (the government) will try and make it better.”

isa internal security act vigil 050108 He noted that the law has not been amended towards improvement, but rather strengthened in a way that goes against fundamental human rights principles.

The Bar Council had submitted a memorandum on ISA and other arbitrary detention laws such as the Emergency Ordinance 1969 and Dangerous Drugs Act 1985 to the Home Ministry last week, detailing the reasons for repeal.

The 21-page memorandum, among others things, emphasised that mere amendments would not be enough as the laws are “archaic”.

‘Free Malaysians now’

It also stated that there is adequate legislation to deal with the offences for which ISA has previously been utilised by the federal government.

NONE “The memorandum points out that Malaysia's enhanced counter-terrorism provisions within the Penal Code and the Criminal Procedure Code, coupled with present immigration and anti-money laundering and anti-terrorism financing legislation, provide our law enforcement agencies with sufficient powers to confront the challenges posed by such criminal activity,” stressed Bar president Ragunath Kesavan.

“The law to detain without trial and to restrict free movement is wholly unnecessary and only leads to lackadaisical investigations, and misuse and abuse of the law.”

As a member of the UN Human Rights Council, Malaysia has to be committed in maintaining the highest standard of human rights, he added.

“Fifty years of living under ISA and longer under some of the other other legislations is more than enough. The time to free Malaysians from such unjust and unfair laws is now,” added Ragunath.