FEATURE: An end to Malaysia's Internal Security Act

For more than half a century Malaysia has had a law on its books originally designed to help quash the communist emergency of the post-war years.

But critics of the Internal Security Act say it's been used to lock up opponents of the government, stifle dissent and restrict freedom of speech.

Now however Malaysia's Prime Minister Najib Razak has announced he will scrap the act which allows indefinite detention without trial.

Sarah Jaensch

Last Updated: Mon, 26 Sep 2011 16:43:00 +1000

NAJIB RAZAK, MALAYSIA PRIME MINISTER (excerpt from address, translated): As such I would like to announce on this historic...that the Internal Security Act (ISA) 1960 will be abolished. (Applause)

SARAH JAENSCH, REPORTER: It was a Malaysia Day present that was well overdue.

Late last week prime minister Najib Razak announced he would scrap the Internal Security Act, a relic of British colonial rule which allows indefinite detention without trial.

During the live televised speech Mr Najib also promised to repeal other outdated laws and change the system of licensing media organisations.

The British first introduced preventative detention in 1948 to deter Communist activity.

After gaining independence the Malaysian government passed the ISA in 1960, saying it was needed to prevent any future Communist agitation.

Since then 11,000 people have been detained under the ISA.

The prime minister's move to scrap the law was welcomed by Amnesty International which called it a significant step forward for human rights.

But the opposition is sceptical.

NURUL IZZAH ANWAR, PKR VICE PRESIDENT: We were excited but we also view the pronouncements with cautious optimism because again these are early days. It has not been put through or passed in parliament as yet.

We must ask the government to immediately implement the independent police complaints and misconduct commission. We are in a sorry state with regards to police brutality as also exemplified to the 9th July crackdown.

SARAH JAENSCH: Less than three months ago thousands of protesters took to the streets of Kuala Lumpur to demand free and fair elections. It was one of the biggest political marches Malaysia has seen and the response was brutal.

Dozens were injured and more than 1400 people were arrested for taking part in a rally the government had declared illegal.

The demonstration was organised by Bersih, the Coalition for Clean and Fair Elections, and highlighted the growing dissatisfaction with the prime minister's slow pace of reform.

AMBIGA SREENIVASAN, CHAIRWOMAN, BERSIH: We saw the most horrendous acts by the government - oppressive, repressive, every word you can find that is negative. So it's going to take a while before we believe this liberal, you know, this liberal stance by the government.

NURUL IZZAH ANWAR: When the Bersih rally came about, and you know under this prime minister you saw such a clamp down that was reminiscent of the Mahathir era.

And that actually caused Najib the prime minister's popularity to drop by about 59 per cent from a high of 70s just months ago. So I think all these factors have really pushed him.

SARAH JAENSCH: The prime minister says the changes will come into effect next year. But before that happens they'll need to be tabled in parliament.

PRAMESH CHANDRA, CEO, MALAYSIAKINI: So I really think that this is really a public relations exercise. And I think that he is too fearful of the hardliners within his party and the police force and other elements of society who refuse to allow for any opening up and democratisation.

SARAH JAENSCH: If Najib Razak does manage to abolish the ISA it will be replaced by two new anti-terrorism laws.

AMBIGA SREENIVASAN: I can understand that you need a law to counter terrorism. I do understand that. But I am very concerned about why we need two laws to do that. So I am hoping that they will consult with civil society before they come in with these laws.

SARAH JAENSCH: The prime minister gave little away about the new laws but said the power of detention will be handed over to the judiciary.

Pramesh Chandra is the chief executive of political news website Malaysiakini.

He's also concerned that plans to scrap the annual licence renewal requirements for newspapers will do little to enhance press freedoms.

PRAMESH CHANDRA: I think anybody who wants to publish a newspaper should be entitled to. There can be some formal registration process but really it should not be up to the home minister to decide who can publish a paper and who can't.

SARAH JAENSCH: The reforms are designed to win back middle Malaysia before the next general election which must be held in or before 2013.

But the opposition PKR party led by Anwar Ibrahim expects the prime minister to call an early election.

Anwar Ibrahim's daughter and PKR Vice President Nurul Izzah Anwar fears that could happen before the reforms are even passed.

NURUL IZZAH ANWAR: As a loyal and responsible opposition we would also give some room to observe what happens next. And we are glad that the prime minister has deemed it fit to copy and plagiarise most of our suggestions and our policies as enshrined in our manifesto.

But at the end of the day the electorates are more discerning. The electorates will want to see results, not just mere pronouncements.

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