Counter-terrorism in Malaysia - History of Anti-Terrorism Legislation in Malaysia

History of Anti-Terrorism Legislation in Malaysia

Prior to the enactment of the Internal Security Act 1960, there is no specific anti-terrorism legislation in place. The closest resemblance of an anti-terrorism provision is Chapter VI of the Penal Code (Act 574), related to offences against the State.

With the onset of World War II looming in the Pacific theatre, the Japanese army invaded Malaya on December 8, 1941. The Japanese Occupation of Malaya lasted for 4 years and throughout the occupation period, the Japanese army was constantly harassed by the Malayan People's Anti-Japanese Army (MPAJA), a group of resistance fighters from the Malayan Communist Party.

Following Japanese surrender on August 16, 1945 after the bombing of Hiroshima and Nagasaki, MPAJA fighters came out of their hideouts in the jungle and many were initially hailed as heroes. However, before the return of British forces to Malaya, MPAJA fighters began their reprisal campaign against Japanese collaborators and civilian population. When the British re-established their control of Malaya, the MPAJA was disbanded and arms returned to the British Military Administration (BMA), an interim administration outfit prior to the formation of Malayan Union.

During this period, the Malayan Communist Party began to become more anti-British. With the post-war world's economy still in its recovery period, the British administration in Malaya faced growing resentment, particularly from the labour unions. At this stage, the Malayan Communist Party had infiltrated the labour unions and kept up the pressure on British administration. Following the murder of 3 European planters in the State of Perak and proclamation of the state of Emergency on June 16, 1948, the British administration had finally banned the Malayan Communist Party on June 23, 1948. Many party members were arrested and top party leaders went into hiding in the jungle to avoid arrest. The Malayan People's Anti-British Army (MPABA) was formed to fight the British in Malaya. The MPABA was later renamed to the Malayan People's Liberation Army with the stated goal of establishing a republic in Malaya and Singapore on February 1, 1949.

The British administration was constantly ambushed by the communists during the period of 1949 to 1955. In 1955, the first general election of Malaya was held and Tunku Abdul Rahman became the first Chief Minister of the Federation of Malaya. Towards the end of 1955, the Federal Government held a peace talk with the Malayan Communist Party, which broke down due to the refusal of the Federal Government to legally recognised the party and demanded its dissolution. The fight continued until the Federation of Malaya achieved her independence on August 31, 1957.

The Malayan Emergency was declared over on July 31, 1960 and the first anti-terrorism law was enacted in the same year, known as the Internal Security Act 1960, to provide sweeping power to the Federal Government to deal with the threats of armed communists resistance.

With the cessation of armed communist resistance, formalised through the peace agreement between the Malaysian Government and Malayan Communist Party on December 2, 1989, critics argued that the Internal Security Act 1960 is no longer relevant and should be repealed. Under the administration of Dr. Mahathir Mohamad and Abdullah Ahmad Badawi, the Internal Security Act 1960 has been invoked on a number of occasions to quell dissidents. This has prompted the United States to expressed concern over the use of the law.

In 2011, the administration of Najib Razak has agreed to repeal the Internal Security Act 1960, after facing growing disapproval from members of the opposition parties and civil groups. The Internal Security Act 1960 has been replaced by Security Offences (Special Measures) Act 2012.