September 19, 2011
More Repressive Laws will replace the draconian ISA, warns Malaysia’s Opposition Leader
by Hafiz Yatim
Sep 19, 11
2:07pm
Opposition Leader Anwar Ibrahim is of the view that Malaysians are mature enough not to overrate the intended abolition of the Internal Security Act (ISA) and other laws that restrict civil and political liberties.
Anwar (left) said he expects the two laws that will replace the ISA to be just as restrictive, if not more stringent, than the version in use.
“I am certain (the) announcement is directed at winning the hearts of some Malaysians. However, I am certain they are not too naïve to consider this as sweeping reforms. I believe the rakyat will not be easily duped (into looking) at (premier) Najib (Abdul Razak’s) Apco-drafted statement and feel good.
“Two questions come to mind: When will the ISA be repealed? And what are the two laws which, according to inside UMNO information, will be just as strict and restrictive in replacing the ISA?
“How can UMNO do away with restrictive laws when, just last month, it had hailed and defended the ISA? (Now,) following the announcement, you find editorials commending its (planned) removal.”
Anwar said it must be remembered that the ISA was used to maintain Malay sovereignty and protect UMNO’s position in the government.He further asked do you all feel a sense of change with Thursday’s announcement as the ISA is still being viewed among UMNO circles to be critical for Malay rule, maintain its survival and Malay interests?
“However, now they see (its proposed removal) as a brilliant decision and a forward-looking decision made by Najib which saw editorials praising it.
“There are some professors coming up with heaps of praise without even asking what do you (Najib) mean, when are you going to abolish it, when are you going to present the new legislation, what are the main ingredients of the law and does it still restrict freedom of assembly, freedom of association, freedom of movement etc?”
Reform may not go down well in UMNO
Anwar warned that the proposed reform may not go smoothly within UMNO circles because the party had its own motives for continuing on with the ISA so as to keep its role regarding ‘Malay survival’.
“For us, Najib has only given his categorical assurance that we (the BN government) will still be tough and will still have equivalent laws (as restrictive) as the ISA,” he said.
“This shows Pakatan’s pressure on the ISA for it to be abolished and repealed is successful. But we have to continue to view it sceptically as had been seen throughout history,” the Opposition Leader and Permatang Pauh MP pointed out.
The mainstream and government-controlled media, Anwar said, will continue to play on the issue
of the reforms and the pronouncement as being something very positive. He said the UMNO-controlled media had done so in the early 1980s where former premier Dr Mahathir Mohamad had painted a picture that there were democratic reforms and positive changes.
“However, what he (Mahathir) has done is he had destroyed the instruments of the government, there was separation of powers. I saw this as I was also there. I am confident the people will view the announcement made by Najib sceptically.
“There will be hype by the media of it being liberal and democratic. However, in the end the people can judge for themselves on the reforms proposed.”
Changes will not derail Pakatan preparations
When asked to comment whether such an announcement by Najib on Thursday would derail Pakatan Rakyat’s preparation plans, Anwar said it does not have any effect as the opposition is in the final stages of preparations, and the public are mature enough to evaluate these promises.
“It would not affect Pakatan Rakyat’s preparations as in Penang, Kedah and Perak all the party machinery have been mobilised and are ever ready to work together,” he said.
Anwar, who is also the PKR de facto leader, admitted there are some grouses especially in Johor, but he advised that Pakatan Rakyat should be allowed to work it out within the members of its coalition.
He said Pakatan has an understanding between himself, (PAS president) Abdul Hadi Awang and DAP stalwart Lim Kit Siang. “We will need to look after our joint interests. From feedback gathered in Kedah (during my visit recently) they want a change of the old (against UMNO). They are hoping for change and we will try and accommodate this. Please channel your grouses via the proper party channels.”
“As to discussions in Sabah and Sarawak, negotiations are going well with SAPP in Sabah but with SNAP we have yet to gain any feedback. I suspect due to the recent Sarawak polls it is difficult for us to work together with SNAP,” he said.
SNAP had initially worked together with PKR before pulling out and contesting against PKR in some seats.
Din Merican: the Malaysian DJ Blogger 
This is another point of view in the form of a warning from the Malaysian Opposition Leader. He asks Malaysians to be skeptical about Najib’s reform agenda. Some say that this ISA repeal was a brilliant move on the part of Najib, leaving the Pakatan Rakyat and Bersih 2.0 in a quandary as to what they should do next. Hence this retort from Anwar Ibrahim. Dato’ Ambiga says it is not enough.
Frank and CLF,Abnizar and Tok Cik, what is your take on this? Will the new laws more draconian than the ISA, like a Version 2.0 of the ISA? –Din Merican
Maybe, but then maybe not. Let us wait for the Bill to be tabled in Parliament. I would give PM Najib the benefit of the doubt and I support the idea of the release of some ISA detainees as a gesture of the Prime Minister’s sincerity. He must show compassion without compromising national security.
Does Mahathir have a major influence on Najib’s reform agenda to scuttle it? That is question. So far, he has not made any comment. The DPM, however, praised Najib for this move, describing it as bold. The UMNO sandiwara is on.
We welcome Najib’s move to abolish the ISA. The ulterior motive is definitely political, to gain popularity for the forthcoming GE13 after being pushed to the corner by the opposition. But if it is good for the country, why not?
However I can’t help being sceptical about Najib’s ability to really do away with the law of detention without trial. He doesn’t have the political will given the pressure from within UMNO itself. Also his sincerity is questionable. The fact that he mentioned about enacting a new anti-terrorism law similar to the USA is a cause for concern. This anti-terrorism law could be even more draconian than the ISA. Afterall Najib has a lot of skeletons in his and Rosmah’s closets that needed to be covered.
Until and after the ISA is actually abolished and we see details of the new anti-terrorism law can we consider praising Najib. For now let’s hope Najib’s flip-flop does not continue.
2 Laws to replace 1-ISA, means 1 more added, unless my arithmetic is totally crap. Which means more Law, not less. It’s like taking out the heart and replacing it with 2 stomachs. Lebih makan, lebih sedap!
I’m not just sceptical, i’m horrified! It’s like a ‘snuff’ movie in which the victim exhales – and never inhales again. Thus i shall keep my horror to myself, lest it frightens lil’ wide-eyed children.
The adjective ‘draconian’ has always been used to describe the ISA 1960. After Sec. 8B was introduced making a mockery of the judicial process, ‘draconian’ is no longer the word to use to describe legislation as oppressive as the Internal Security Act which denied due process guaranteed under the country’s Constitution.
And for these guys to say that they are looking towards the United State’s Patriot Act, as a boiler plate for future legislation, is a joke. Just revert to the original Act as passed in 1960. That would be enough. Should more safeguards be introduced in the new legislation to provide checks and balances to the use of executive discretion and prevent its abuse that would be a bonus.
“Some say that this ISA repeal was a brilliant move on the part of Najib, leaving the Pakatan Rakyat and Bersih 2.0 in a quandary … ” Din Merican
It is nothing more than an attempt to dupe the voters into thinking that UMNO-BN stands for reform. The truth is it is in as much a reform mode as a snake shedding its skin.
A list of priorities for reform include… (a) tackling corruption…(b) revamp of our Education System…(c) a return to proper separation of powers… In this list, the Internal Security Act comes way down the list. Maintaining the ISA will make not a whit of a difference to our country. But ignore (a), (b) (c) plus more of the above and we shall remain stalled. So why is everyone getting so excited?
Let us keep our priorities right.
No One is getting excited about bISA, Isa. Reality and Priority, is not UMNO’s forte. What we are gonna have is a bilateral, bisexual, biped and whatever Bi-ISA. Political capital made is virtual, not real even if the egg-heads tell us it’s so.
Perhaps Bean as usual, is most correct in his insight that we go back to the 1960 Law without the rubbish addenda. Saves us hee-hawing like mad donkeys with attendant unwholesome histrionics.
Didja see the humongous portrait of FLOM, ‘gracing’ the hallowed halls of PMO? Therein, lies bISA. Creepy.
Repealing the ISA and replacing it with ISA II or whatever new repressive laws is just sandiwara. Laws are made for the safeguard of the country. Its how these Laws are used that’s more important. ISA is good if used within the intent in which it was promulgated. The ISA has been misused by BN in Malaysia and thus deemed a bad law. Lets just curtail the conditions under which ISA can be used and also curtail the power of the Home Minister and IGP for detention and we have a new beginning. Secondly lets have a judicial avenue to challenge the Home Minister whenever he invokes the ISA. Unshackle the judges.
September 19, 2011
Mahathir on ISA Repeal: Backing for Najib
Former prime minister Dr Mahathir Mohamad today expressed his support for the abolition of the Internal Security Act (ISA) as announced by Prime Minister Najib Abdul Razak.
He said the move would give greater freedom to Malaysians. However, Dr Mahathir pointed out that the ISA, which was inherited from the British era, was actually not too cruel because Malaysians were still free to give their views and opinions.
“Not all of those who opened their mouth were immediately detained under the ISA… and the perception that there was no freedom in Malaysia was also not correct,” he said at the Aidilfitri open house organised by the KelabChedet.com in Kuala Lumpur.
Dr Mahathir said the move to abolish the ISA placed Malaysia “on the moral high ground”, in fact it could be considered as one level better than the developed nations such as the United States and Britain.
“After the abolition of the Act, we can start the campaign to seek the freedom of those detained without trial, for example, at the Guantanamo Bay detention centre.
“Previously, they criticised Malaysia purportedly for being cruel, detaining people without trial, but they are the ones doing it now.
“They have probably just realised that in certain situations, Malaysia had to detain people without trial.But what they are doing in Guantanamo Bay is even more cruel by passing laws allowing the torture of detainees,” he said.
However, Dr Mahathir feared that extremists and racists in Malaysia would take the opportunity to issue statements to the detriment of the country when the ISA was abolished.
Meanwhile, the former prime minister said he was using the blog as a medium to communicate with the people.
“Through the blog, I’m able to make criticisms and convey my opinion to be shared together,” he added.
– Bernama
In the first place, ISA was passed by parliament following the promise by the government that it will only be used to fight the communist terrorists.
However, it has been abused and misused by the government to silence the opposition, money counterfeiting, ‘unauthorized’ issuing of ID cards etc. etc It has also been used tp ‘protect’ a detainee (remember Teresa Kok’s azan controversy).
So Najib’s act of ‘abolishing’ the ISA is nothing but a calculated PR exercise. If Najib and the government is sincere, there is really no need to abolish the ISA. Just use it as it was intended when it was passed; with some amendments to include all ‘types’ of terrorists and some safeguards including judiciary reviews for the detainees.
Obviously, this latest move by Najib is nothing more than another BN’s rebranding exercise to hoodwink the unsuspecting rakyat.
That’s right Semper,
——————————————–
WHEREAS action has been taken and further action is threatened
by a substantial body of persons both inside and outside Malaysia—
(1) to cause, and to cause a substantial number of citizens to
fear, organised violence against persons and property; and
(2) to procure the alteration, otherwise than by lawful means,
of the lawful Government of Malaysia by law established;
AND WHEREAS the action taken and threatened is prejudicial to
the security of Malaysia;
AND WHEREAS Parliament considers it necessary to stop or prevent
that action;
——————————————-
Unfortunately, anything (underline ‘anything’) can be viewed as “prejudicial to the security” of the country. And for the time being, the only definition as to what is “prejudicial to the security” is left to the executive, at the sole discretion of the Minister in charge of Internal Security or Home Affairs. When the ISA was first enacted in 1960, the decision of the Minister was subject to judicial review ( i.e. a review by our courts) but Mahathir when PM felt insulted that a judge could overrule his decision. And so he limited judicial review to the review of the procedural requirements. This is like adding insult to injury.
The Internal Security Act 1960 ( i.e. the original, non-amended version) is still needed. The scope for its use has to be narrowed; and fetters to prevent abuse of executive discretion must be incorporated in very clear and precise terms and judicial review restored.
Legislation is a response to a set of circumstances peculiar to the experience of that country. And to look to the U.S Patriot Act as a possible boiler plate response to terrorism is foolish.
I have my doubts as promises coming from a flip-flopper should never be taken seriously. It’s a political ploy aimed at winning over the fence sitters and those who have abandoned Umno. But as the day progresses the shine is beginning to wane.
Let it be known that the most informed from among the rakyat are very sceptical indeed. Not one that I have spoken to is convinced that Jibby means what he says.
That’s how cynical some have become albeit in a more polite way.
Cheers.
Today Dr Mahathir said Putrajaya’s decision to repeal the ISA put Malaysia on “higher moral ground” compared to countries like the United Kingdom and the United States “Previously they criticised Malaysia purportedly for being cruel detaining people without trial but they are the ones doing it now ” (Mahathir)
Yes, but the U.S. Patriot Act is nothing like that of Malaysia’s sweeping Internal Security Act 1960. The ISA has none of the safeguards against the arbitrary exercise of executive discretion. On the other hand, the controversial provisions of the U.S. Patriot Act are reviewed annually, and all four of the controversial provisions have been given limited extension by the U.S. Congress. The same cannot be said of Malaysia’s ISA.
Who are you trying to fool Mr (former) Prime Minister aka Kutty Supremo??
Mongkut Bean
Malaysia owes all its woes to this former PM. Now he’s saying things like all these shouldn’t happen, yet it all happened under his watch. He’s talking like a duck eating and shitting at the same time in the same dirty pool. He should not be given any air time or publicity at all.
___________
You can’t convince the media to stop giving the former prime minister air time until the incumbent tells them so. You can’t expect Najib to do that. KJ did the job when Badawi was the Premier.–Din Merican
The Kutty Supremo is up to his usual mischief to put his proxy, that pea-brained “I am Malay first and Malaysian second” DPM, as President of UMNO so that his son, Mukhriz can move up the UMNO hierarchy. Imagine, Mukhriz lost the UMNO Youth Chief post yet became a Deputy Minister while Khairy who won the UMNO Youth position, and by convention, should have been made a Minister or at least a Deputy Minister. How can that happen without the force of hand of the Kutty Supremo.
Najib should not only watch his own back, he got to watch his own ass.Najib’s problem is not Anwar or Hadi Awang. It is his own deputy and the pro Mahathir cabal in UMNO.
Badawi thought because he is a religious person and an UMNO leader, the Kutty Supremo will not go after his ass. Badawi learnt a bad lesson. He got his ass kicked and next thing he knew he was booted out of the UMNO Presidency, with the compliments of the Kutty Supremo. Hope Najib can learn a lesson or two from what happened to Badawi.
If Najib wants to hold on to his power in UMNO, he MUST stand up to the Pro Mahathir cabal in UMNO at all cost. This time, Najib must know that it is “winner takes all”. He has to go for broke this time around. Najib footsies around too much to win the Kutty Supremo’s blessing after the departure of Badawi, and now it appears for that, his ass is slowly bleeding…. and his half-clever cousin is not helpful, in fact making Najib’s initiative for ISA reforms become worse with the Home Minister’s idiotic media remarks on the ISA and emergency laws. He should just shut up instead of trying to play one-upmanship with the public’s response. Bodoh sunggoh!!!
Jibby has a nerdy bodoh sombong for a cousin. Nothing substantive spews from this idiot’s mouth. I’d have just asked him to go play marbles.
He’s talking like a duck eating and shitting at the same time in the same dirty pool. – semper fi
Hahaha… good one. I like the analogy.
So no more Peking Duck for dinner Frank?
Najib is no different from the peddler who sells the Minyak -Lelaki Kuat by the roadside. In Medan a girl tried to sell me the same minyak telling me how kuat it will make me.
There will be two fiercer cats to replace one, called ISA, to catch all the Opposition rats. How else could UMNO remain a dominant force?
I trust Anwar more than the minyak lelaki kuat PM.
He should not be given any air time or publicity at all — semper
Unfortunately, Mahathir’s name still sells newspapers. One must not underestimate its entertainment value if nothing else.
So no more Peking Duck for dinner ?- semper fi
No Duck for now.
There is new cuisine in Putrajaya restaurant, called “Filled Chuck” (RM 85 per plate) served only at lunch time, prepared specially for Cabinet minister’s lunch meetings.
“Najib footsies around too much …. ” Frank
Najib had six months after coming to office to find his mojo. He hasn’t found it yet.
Everyone seems to miss what Najib is trying to do. He wants to scrap the ISA now so that if he looses the election he doesn’t have any fear to be put in prison without trial. And all the BN co-workers who are responsible for the pillages will say amen and won’t have to book the next flight out.
And PR cannot come up with any new Act that’s like the ISA if they win the election or BN will shout murder and says I told you so.
But if Najib wins he will put in a newer ISA and cramp everyone in. And everyone will say ‘Haven’t I told you so before?’- what to do now?
“Everyone seems to miss what Najib is trying to do. He wants to scrap the ISA now so that if he looses the election he doesn’t have any fear to be put in prison without trial.”
We missed nothing.
If he loses the election (more precisely if his party loses the election), he then becomes a private citizen. We do not need to subject him to detention without charge and trial. All we need to do is have him charged for conspiracy to murder and give him all the rights he denied his adversaries. After all it was his aides who murdered that Mongolian interpreter go-between. Malaysians need to know what he knows about the murder. Corruption and abuse of power charges can wait.
That’s right, Nazri the Law Minister does sound ” tricky “,
His wanting to ” regulate ” on race and religion….what’s he implying ?
Vast majority of Malaysians feel we have had enough of these sentiments for five decades playing on the ” religious ” & the ” race ” cards, that whilst the BN/UM-NO have been reaping electoral victories, the few in the ruling elites have managed to hoodwink the voters by HIJACKING ” special privileges” provision ( Article 153), to mean that the ” special provision is MEANT only for Special People ” on top, and .eligible to amass ill=gotten wealth to the exclusion of all others !
It sounds synnical….so i really dread when he or the Govt wants to further ” regulate ” on race & religion – Oooiii enough of this bullshit, we have had enough….