Written by: Averroes
(1.0) History of the Internal Security Act 1960 (ISA)
The ISA was firstly introduced in 1960 as a legal instrument to subdue the communist insurgency. The ISA repealed the previous Emergency Regulations Ordinance 1948 which the British colonialists imposed upon the locals.
However, after independence, the ISA as thought of by certain parties are held to quell political opposition. It was similar to that of the Sedition Act 1948, which remains as a 'draconian, anti-communist' law until today
(2.0) How does the ISA operate?
Firstly, the ISA may detain any persons who are ‘deemed to be a threat to national security’ without fulfilling their basic civil rights pre-requisites.
These includes without issuing a warrant, no trial, no calling of lawyer and not told why they were arrested.
National security is narrowly defined; hence this is where abuse would occur due to the vague interpretation. It is up to the government in their view to determine what is national security, as long as they are 'satisfied it is probable or have reasonable suspicion.'
This was proven as in Theresa Lim Chin Chin v Inspector General of Police that ISA could be extended other than the original purpose of crushing communism.
In Minister for Home Affairs v Jamaluddin bin Othman, the government also detained individuals who proselyted Muslims into Christianity as national threat.
Secondly, detainees are detained for up to 60 days, as under sections 73 of ISA, and furthermore under section 8 of ISA, the detention can be extended up to 2 years. This would mean that a person is technically already sentenced to jail without the purported trial.
The power under ISA is under the purview of the Home Minister, and he may select the place of detention and its conditions.
The most pressing issue here is that the ISA was amended with the insertion of section 8B that no judicial review could be instituted to challenge the detention.
This came after a surprise, that when in Karpal Singh v Menteri Besar Hal Ehwal Dalam Negri, Karpal Singh succeeded a judicial review for habeas corpus and that his detention under ISA was unlawful.
However, he was arrested again 10 hours later after his release and days later, Parliament amended to include the section 8B to prohibit judicial review.
This means, no one could go to court and argue that when the government detained them, it was illegal. However, the only legal recourse is by appealing to an independent Advisory Board as under section 11 of ISA, which their appeal is usually ignored.
(3.0) Adverse ridicule onto ISA detainees
Apart from the basic rights as mentioned early, detainees are also subjected to torture and other mistreatment. Some of the detainees claim that they were physically abused and deprived of basic necessities, including medical assistance and sanitary pads.
While mistreatment of detainees is a different topic, but since detainees were detained under ISA, they were seen as a ‘national threat’ and treatment towards them were afforded in that respect.
They were confined inside a cell without any sunlight, proper ventilation, there were swarms of mosquitos, no mattresses, pillows, blankets and it can sometimes be dreadfully hot and cold.
Some say they were kicked, slapped, assailed with a rubber hose, burnt with a cigarette butt, stepped on and dirtied water splashed at them.
They had to urinate and masturbate in front of the interrogators, while also taking a dust bin full of cigarette ash, shove their face inside and shout “I am stupid” several times.
While being interrogated, they were told to only wear a pair of underwear and stood for long hours. The interrogations were also done without rest or sleep.
The confessions were made under coercion and also, detainees were tricked or lied to be released quick, unless they told the truth. If they do not cooperate or confess, they would be sent to Kamunting for two years.
The interrogators also had the audacity to lie that, if they still do not want to cooperate, they will be sent to Guantanamo Bay, Cuba. Threats also extended to arrest their family members too.
In the end, the interrogators will find inhumane ways to fish out confessions, even if they were false.
Humiliation was all too common, the interrogators would often ask private questions as to how they have sex with their wives, did it last long, did they perform oral sex and among other derogatory questions.
All of the above are contrary to international human rights, all as forms of maltreatment of detainees.
(4.0) Operation Lalang 1987
Tun Dr. Mahathir bin Mohamad, when he was the 4th Prime Minister of Malaysia (1981-2003) commentators saw the rise of his authoritarian reign. ISA was his main weapon to subvert political adversaries.
Mahathir was cornered and flanked by all rears, starting from political scandals and racial brouhahas in the country. One of the political scandals was that he was involved in an electoral misconduct court proceeding.
As his popularity was at stake, especially when the Malaysian economy was experiencing global recession, his position in UMNO weakened, especially with an inter-feud with Tengku Razaleigh and his supporters from Team B.
Mahathir was becoming irrelevant.
There was an exposé of him in building a long highway that he awarded to UMNO ministers as trustees. Lim Kit Siang and Karpal Singh publicized this, which worsened the situation.
He had to find a way to silence all criticisms against him.
As the clock ticked, Mahathir found a solution and it would be the largest operation ever made involving the ISA.
(4.1) How it all began (White Paper)
In the Operation Lalang White Paper laid at the Dewan Rakyat explained the need for the ISA arrest which states that;
“Certain parties conducted to incite public instability and dismantle national security by political opponents, mass media, communist elements and foreign interventionism.”
The White Paper also explains further the following below;
Chinese Schools
The government intended to add Malay teachers into Chinese vernacular schools as a means to strengthen national integrity and the command of the Malay language among students.
Hence, MCA, DAP and a significant number of the Malaysian Chinese population protested this move, which they saw as an attempt to diminish the existence of Chinese vernacular schools.
Due to this, it became the inception towards an outbreak of racial riots.
A rally involving MCA, DAP, Gerakan and Chinese educationists gathered at the Thean Hou Temple in Kuala Lumpur to boycott classes if the issue is not solved duly. In response 500 members of UMNO rallied at Penang.
In retaliation, 3000 Chinese educations rallied back in Penang and 30,000 Chinese students did not attend school. A turn of events led to another counter-rally at Jalan Raja Muda Stadium in Kuala Lumpur by UMNO youths, where they demonstrated with violent slogans.
This could brew into a bloody scuffle between races in Malaysia.
PAS controversy
PAS was also said to have reaped the situation of apostasy of Malays which also could lead to an uprising. There were allegations that PAS were recruiting an army to oust the Malaysian government and establish an Islamic State, through militant methods.
If racial riots emerged, then this Islamic army would become their salvation and end the calamity. More claims suggest that PAS were training guerilla troops in Southern Muslim Thailand.
Additionally, PAS were propagating heretical beliefs or even a cult and plans to slain proselytizers for converting Malay Muslims.
Marxist Takeover
The White Paper also claimed that there was a group whom planned to install a communist-Marxist government in Malaysia and disseminated propaganda that the Malaysian government oppressed its citizens, which is apparent by its social-class hierarchy and poverty.
There should be equality for all.
Clearly, from all of the stated facts in the White Paper, it bursts into the tipping point for the eventual 'justification of Operation Lalang' to stop any racial bloodbath from occurring.
(4.2) Time to strike
In order to avoid a disastrous racial riot from unfolding, which could ruin Mahathir’s political career and a second 13th May incident may erupt, Mahathir had to react.
He used the Chinese school, PAS and Marxist facts in the White Paper as a basis to not only silence individuals related to a potential riot, but also exploited the situation to attack his critics and enemies.
As the ISA’s trigger was pulled, politicians and human rights advocates were arrested in Operation Codename ‘Lalang’ (a type of weed in the Malay language), from UMNO, PAS, MCA, DAP, and other individuals.
Not just politicians, but it included businessmen, academicians, trade union workers, religious figures, and social activists who oppose Mahathir.
Mahathir instructed the police to 'detain 107 individuals all over Malaysia' under the ostensible guise that they were a threat to national security. If they were not stopped, they would further escalate inter-ethnic tensions.
Newspaper companies also had their publishing licenses revoked for provoking racial sentiments. This was all done to cloak the swift act of Mahathir's grand plan.
(4.3) By-product of the Operation
After the arrest and detention, Mahathir gained a new image for himself as a authoritarian. For him, his perspective was to maintain peace and order from a potential ‘Second 13th May Incident’, but at a cost to public opinion.
Mahathir was framed to have unleash the talons of ISA to defend the executive branch of the government, his political career as Prime Minister of Malaysia, President of UMNO which culminated in grave breaches of human rights.
He reinforced the ISA by amending the Printing Presses and Publications Act 1984 to control mass media, with carte blanche powers to revoke publishing license. Such revocation could not be challenged in court.
The judiciary had lost its integrity when the Chief Justice of the Federal Court, Tun Salleh Abbas was sacked from his position and other high court judges. Several politicians, even from within UMNO were purged.
As a result, UMNO was effectively divided into Team A and B and a court decision had also caused the illegality of UMNO. Hence, a power struggle imbued.
(5.0) Conclusion
Operation Lalang 1987 had different narratives. It depends on which side of the coin we are. For Mahathir, the ISA was urgently needed to curb any potential emergence of racial riots, similar to the 13th May incident.
However, Mahathir’s political opponents argue otherwise that it was a tool to silence them and to consolidate his executive power for the next almost 2 tranquil decades of governance, until Anwar Ibrahim, his comrade betrayed him.
Mahathir crippled his opponents and managed to build Malaysia into a bustling and economic powerhouse in Southeast Asia and among the world with several key-infrastructure projects and revelations. Mahathir once quoted, "I may be a dictator, but a good one who served the people."
(6.0) References;
Human Rights Watch (2004) In the Name of Security: Counterterrorism and Human Rights Abuses Under Malaysia’s Internal Security Act. 7(16). Pp. 1-57.
Loon, Y. (2004) Kuasa, Krisis dan Kewartawanan: Satu Kajian Kes Ke atas Pelaporan Utusan Malaysia mengenai Operasi Lalang 1987.
Julian C.H. Lee (2008) The Fruits of Weeds: Taking Justice at the Commemoration of the Twentieth Anniversary of Operasi Lalang in Malaysia. The Round Table: The Commonwealth Journal of International Affairs. 397(97). Pp 605-615. Retrieved from, DOI: 10.1080/00358530802207435
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