Repeal of ISA: Singapore Should Emulate Malaysia

Malaysia and Singapore are not quite the same. At least they used to be before the island was given to Lee Kuan Yew to govern it to his own liking in 1963. Since then, the two countries went about their separate ways to pursue their aspirations independently after several centuries of being under European imperialisms.

However, being young nations, both countries are still dealing with the aftereffects of being colonized and this is apparent in the way of the country is being run. One prevalent negative influence that the British left to Malaysia and Singapore (besides plague of Malaysian and Singaporean anglophiles) is our laws and its system. This includes the draconian law of Internal Security Act (ISA) which grants both governments the authority to arrest and detain individuals without trial for up to two years at a time in certain defined circumstances.

Over the years, both countries have applied ISA to handle numerous cases, justifying these actions as precautionary measures for national safety. And over the years, ISA has been applied to silence political resistance against the ruling government and the so-called radical movements.

The use of ISA in Singapore if not in Malaysia have been subjected to criticisms widely and as the late Hugh Hickling (the colonial lawyer who drafted ISA but later regretted the way it was applied) put it, I could not imagine then that the time would come when the power of detention, carefully and deliberately interlocked with Article 149 of the Constitution, would be used against political opponents, welfare workers and others dedicated to nonviolent, peaceful activities.

The malpractice of ISA has seen both countries being urged by their respective citizens let alone the international community for the government to abolish the law and acts so that a proper democratic system can be embraced.

It took Malaysia six prime ministers before the government finally agreed to abolish the ISA. Prime Minister Najib Razak in his Merde! ka Day s peech this year announced the governments intention to terminate the ISA saying that the colonial-era laws such as the ISA and the Emergency Ordinance (EO) would be abolished and replaced with new anti-terrorism laws. He said the new law will be more up to date hence more suitable for dealing with the current challenges faced by Malaysia and the rest of the world.

Najib, the son of the second prime minister, also said that the move would ensure that fundamental rights of suspects are protected unlike what that have been practiced with the ISA. In addition, he pledged that no individuals would be detained for their political ideologies.

Although these proposed new laws have yet to be tabled in parliament, the overwhelming acceptance towards ISAs abolishment would surely encourage Najib to stick to his words and, despite the oppositions skepticisms, the ISAs days in Malaysia will come to an end. Furthermore, Najibs BN have been working hard to regain public support after suffering its less than admirable performance in the 2008 polls and the initiative to repeal the ISA can be seen as a move to garner support for the ruling party in the run up to the 13th General Election.

In comparison, Singapores PAP just had its worst ever performance in its history during the general election last May. Perhaps, the ruling PAP government which has been experiencing declining support from voters should follow Malaysias example in its effort to abolish the highly contentious laws. This would certainly prove to their people that the government is striving forward towards a better democracy.

But when Singapore Deputy Prime Minister Teo Chee Hean said the ISA continues to be relevant to the country, it clearly gives the impression that the island republics government is too proud and too stubborn to even think about emulating Malaysias example.

According to Teo, who is also the Home Affairs minister, the Singapore government is using the ISA in good faith, and in a measured way in the prevailing! securit y situations it has had to face, keeping the country safe and its people secure.

"Singapore is a small country which can be buffeted by the many powerful forces and influences that intersect here.

Such response from the Singaporean government indicates a slim chance for the ISA to be abolished over there. As Malaysians we are fortunate that it doesnt have to take a shift of governance to see draconian laws such as the ISA and the EO set to be repealed. For Singapore, perhaps, the islanders only hope is to rely on their next election where the voters can finally decide that the change of government is the only way to do away with outdated and savage laws such as the ISA.

Mr Lee said it himself:

"If you believe in democracy, you must believe in it unconditionally. If you believe that men should be free, then, they should have the right of free association, of free association, of free speech, of free publication. Then, no law should permit those democratic processes to be set at a nought."

Lee Kuan Yew, 1955

*The views expressed here are the personal opinion of the writer.