Skip to main content

Malaysia: Human Rights Under Threat- the Internal Security Act (ISA) and other restrictive laws

Background
Since the 1970s Amnesty International has raised serious concerns that fundamental human rights enshrined in the Malaysian Constitution and international human rights law are threatened by the Internal Security Act (ISA), which allows indefinite 'preventive' detention without trial, and by a broad array of other laws restricting rights to freedom of expression, assembly and association.
Many of these laws were inherited from the British former colonial government and subsequently tightened incrementally. Their application has been both politically-motivated and selective, with those targeted including political or social activists, academics, students, journalists, trade unionists and other peaceful members of civil society perceived by the government as threats.
Students and academics under threat
Malaysian students and academics wishing to engage in political activities face severe restrictions under the Universities and University Colleges Act (UUCA). According to the act, students may be imprisoned for six months and fined if they are active in any political party, society, or trade union without their university's permission.
Prime Minister Mahathir Mohamad has rejected calls for a review of the Act, accusing the opposition of subverting students against the government and warning students they faced expulsion or the denial of financial assistance if they took part in 'anti-government activities'. Although no prosecutions leading to imprisonment under the UUCA have been reported in recent years, university authorities continue to threaten use of the Act and have initiated disciplinary proceedings against students, leading to suspension or expulsion from their course. Academics are also risk at dismissal for involvement in peaceful political activity.
In October 2001 the Education Minister announced that 61 university lecturers had been dismissed, transferred or issued with warnings for alleged 'anti-government' activities. Students and teachers have also been penalized under the Police Act for participating in demonstrations calling for political reform.
In June 2001 following the arrest of seven students for participating in a peaceful demonstration a number of students were expelled or suspended from their universities. In addition, in July two student activists supportive of reformasi were arrested under the ISA and accused of 'threatening national security'.
After being held incommunicado for 10 and 23 days respectively the students were released.In August 2001 a high-school teacher was charged with sedition for setting a examination question addressing the effectiveness of the Malaysian judiciary.
Amnesty International calls on the Government of Malaysia to respect and uphold fundamental human rights enshrined in the Malaysian Constitution, the Commonwealth Harare Principles and international human rights law. The organization:
  • calls for those detained under the Internal Security Act (ISA) be released immediately or otherwise charged with a recognizably criminal offence. Persons who are suspected of threatening national security should have the opportunity to defend themselves before a court of law in proceedings that meet international standards for fair trial;
  • urges the Malaysian authorities to guarantee that any detainee held under the ISA or other legislation is not subjected to physical or psychological torture or other ill-treatment in detention. All complaints of torture or ill-treatment must be promptly and impartially investigated and those found responsible brought to justice;
  • calls for detainees not to be held incommunicado and to be allowed immediate and regular access to lawyers, their families and independent medical attention;
  • urging that the ISA and other restrictive legislation be repealed or amended so that it no longer allows for the detention of those exercising their right to peaceful freedom of expression, association or assembly.

Source:

http://www.amnesty.org/en/library/asset/ASA28/031/2001/en/dom-ASA280312001en.html

Comments

Popular posts from this blog

Constitution of Malaysia: An Introduction Part 5

7 (1) No person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed. (2) A person who has been acquitted or convicted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and a retrial ordered by a court superior to that by which he was acquitted or convicted.

Brexit: A lesson for Malaysians

Yesterday, Britons through a referendum made a decision to leave European Union. The ruling Conservative Party divided on this referendum and David Cameron in favour of ‘Remain’ was defeated outright. Even though he is disagreed with the decision of Britons, he announced that he is resigning from his premiership in respect of people’s decision. We can expect in a mature democracy country like United Kingdom this is vastly anticipated to be transpired.   A few days ago, the current Chief Commissioner of Malaysian Anti-Corruption of Commission made a statement that he is stepping down from his position and there are some rumours indicating that a few prominent officers from the said Commission will either resign or retire. It’s very eccentric news for Malaysians as it will have a profound impact on bribery and corruption issues in Malaysia as a whole. Recently, the results of two by elections were won by Barisan Nasional, the ruling party of Malaysia. Many promises had been...

Trump's role in the Israel-Hamas ceasefire

As the Israel-Hamas ceasefire, scheduled to commence on Jan 19, 2025, approaches, it is essential to examine the potential impact of president-elect Donald Trump on this event and Middle East security. Considering Trump’s past foreign policy actions, especially those concerning Israel, alongside the wider geopolitical environment, his prospective role in shaping the ceasefire and future peace initiatives is intricate and layered. Historical influence Trump’s initial term as president was characterised by a robust endorsement of Israel, a position that resonated with his domestic political supporters and simultaneously altered US foreign policy, thereby impacting the wider dynamics of the Middle East. Key actions during this period included the formal acknowledgement of Jerusalem as the capital of Israel, the transfer of the US embassy to that city, and the withdrawal from the 2015 Iran nuclear agreement. These measures solidified his rapport with Israeli leadership and exemplified his ...