History
Preventive detention was first implemented in Malaya by the British in 1948 to combat the armed insurgency of the Malayan Communist Party during the Malayan Emergency. The Emergency Regulations Ordinance 1948 was enacted by the British High Commissioner Sir Edward Gent. It allowed the detention of persons for a period not exceeding one year. This ordinance targeted at acts of violence and only imposed temporary detention. The Malayan Emergency ended in 1960 and the ordinance was repealed. However, preventive detention was retained and remains a feature of Malaysian law today. In 1960, the government passed the Internal Security Act (ISA) under the authority granted by Article 149 the Malaysian Constitution.
The stated purpose of the ISA was to deter communist activity in Malaysia during the Malayan Emergency and afterwards. The first Prime Minister of Malaysia, Tunku Abdul Rahman, defined the purpose of the act as to "be used solely against the communists...My Cabinet colleagues and I gave a solemn promise to Parliament and the nation that the immense powers given to the government under the ISA would never be used to stifle legitimate opposition and silence lawful dissent". The third Prime Minister, Tun Hussein Onn, stated at the same time that his administration had enforced the act only with a view to curbing communist activity, and not to repress "lawful political opposition and democratic citizen activity".
In response to criticism that the ISA was not democratic or was too open to abuse, the first internal security minister, Ismail Abdul Rahman, stated:
| “ | I maintained then and I maintain now the view that the Internal Security Act is essential to the security of this country especially when democracy is interpreted the way it is interpreted in this country. To those in opposition to the government democracy is interpreted to mean absolute freedom, even the freedom to subvert the nation. When cornered by the argument that democracy in the Western sense means freedom in an ordered society and an ordered society is one in which the rule of law prevails, they seek refuge in the slogan that we should imitate Western democracy one hundred per cent.
I am convinced that the Internal Security Act as practiced in Malaysia is not contrary to the fundamentals of democracy. Abuse of the Act can be prevented by vigilant public opinion via elections, a free Press and above all the Parliament. |
” |
However, partly due to massive street protests involving the public and politicians from both sides which portrayed the ISA as draconian and unnecessary in view of Malaysia's progress to "developed nation" status, on 15 September 2011, Prime Minister Najib Razak announced that The Internal Security Act will be abolished. Two new laws will be introduced instead to safeguard peace and order.
Read more about this topic: Internal Security Act (Malaysia)
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