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Groups want consultation on new laws PDF Print E-mail
Saturday, 17 September 2011 09:27am
Image©The New Straits Times (Used by permission)

KUALA LUMPUR: Non-governmental organisations have welcomed the announcement to repeal the 51-year-old Internal Security Act and the Banishment Act 1959, but said new laws for national security should comply with the Federal Constitution and international human rights standards.

Human Rights Commission (Suhakam) chairman Tan Sri Hasmy Agam said: "This much-welcomed announcement came in time for all Malaysians to celebrate Malaysia Day and is a positive move towards the overall improvement of the human rights situation in the country. 

"It is very much in the spirit of the prime minister's 1Malaysia concept and in keeping with his pledge to comprehensively review the ISA when he assumed office in 2009."

He reiterated the commission's proposal for the establishment of a parliamentary select committee on human rights as an important mechanism for more informed and focused discussion on the subject among parliamentarians.

"The commission looks forward to the government's continued and unabated commitment towards the protection and promotion of human rights."

Suara Rakyat Malaysia (Suaram) coordinator E. Nalini said the announcement was a step in the right direction but called for civil movements to be involved in discussions on the new laws to replace the ISA.

"We welcome this move but if the element of detention without trial is retained, then it is not sincere. We want to be involved in early discussions."

In a joint press statement, Bar Council president Lim Chee Wee, Advocates' Association of Sarawak president Khairil Azmi Mohd Hasbie and Sabah Law Association president G.B.B. Nandy @ Gaanesh applauded the announcement, calling it "far-reaching" and welcomed promises to review and repeal "regressive, oppressive and outdated pieces of legislation".

They said the Bar Council had, since the 1970s, called for the abolition of the ISA, Restricted Residence Act 1933, Prevention of Crime Act 1959, Banishment Act, elements within the Dangerous Drugs (Special Preventive Measures) Act and the Printing, Presses and Publications Act 1984, as well as the revocation of the various Proclamations of Emergencies.

"The Malaysian Bar, Advocates' Association of Sarawak and Sabah Law Association take the view that Malaysia does not need any detention without trial laws because it has already effectively strengthened its legislative provisions to take into account, and deal with, the threat of terrorism. 

"No replacement is, therefore, needed for the ISA."

They suggested that if the government insisted on having new laws, then it should emulate Australia, Canada, the United Kingdom and the United States, where there were limitations on the period of detention (subject to ordinary remand provisions), right to counsel for detainees, comprehensive judicial supervision that allowed review of the law in specific cases and an automatic sunset clause which required the legislative body to review the applicability of the law at regular intervals. 

They also called on Prime Minister Datuk Seri Najib Razak to subject the proposed laws to public debate and consultation and establish a clear time frame within which the promises would be fulfilled.

"While the promises are welcomed, their substance will be in the details, and the proof in the implementation."
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