London ISA Conference 2/4/2011: P.Uthayakumar’s narration of the HINDRAF Makkal Sakthi Struggle leading to his 514 days ISA detention without trial.

Conference in conjunction with the 50^th anniversary of the enactment of the Internal Security Act (ISA) in Malaysia

Date: Saturday, 2^nd April 2011

Venue: Amnesty International, 17-25 New Inn Yard, London, EC2A 3EA.

Nearest Tube: Old Street (Northern Line)

Time : 9.30am – 5.00 pm

(Registration starts at 9.30am. Conference starts sharply at 10am)

Registration : £5 (at the door)

Background:

In 1948 the British colonial authorities declared a State of Emergency to combat the grave challenge posed by the Communist Party of Malaya (CPM) and the armed insurgency of its guerrilla forces. The 1948 Emergency Ordinance gave sweeping powers to the authorities to issue regulations superseding existing laws and to suspend existing civil and political rights, including those safeguarding against arbitrary arrest and detention.

While the lifting of the 1948-1960 State of Emergency signalled the substantive defeat of the communist insurrection, never-the-less the government, on the basis of Article 149, proceeded to enact the 1960 Internal Security Act (ISA). Rather than being merely an extension of the 1948 Emergency Regulations, regarded as extraordinary measures which automatically lapsed on an annual basis, the ISA was a permanent law, and gave the Executive sweeping powers including the ability to deprive a person of his or her liberty indefinitely without trial solely for ‘preventive’ reasons.

The first two decades of the ISA were marked by the campaign against the Communist Party of Malaya (CPM) and their suspected sympathisers. However the use of the ISA went beyond suppressing communist insurgency and their supporters and extended to a far broader spectrum of political activity in Malaysia. Over the last 50 years, the Malaysian Government stands accused of using the Act as a tool for political repression evidenced by the growing persecution of political opposition leaders, human rights activists, lawyers, journalists, and ordinary civilians. Under the ISA a person can be detained for up to sixty days without warrant, trial or access to legal counsel. A warrant can then be renewed every 2 years at the pleasure of the Home Minister, thus, effectively allowing for indefinite detention without trial. Since its enactment it has been estimated that over 10,000 people have been detained; the vast majority of whom have never been charged in a court of law. The longest serving detainee spent 16 years in arbitrary detention. Many of those detained have been subjected to prolonged and aggressive interrogation, often involving ill-treatment amounting, at times, to torture

Beyond the violation of basic rights experienced by particular individuals, the ISA has had a wider, intimidating effect on civil society, and a marked influence on the nature of political participation and accountability in Malaysia. The ISA has been used to suppress peaceful political, academic and social activities, and legitimate constructive criticism by NGOs and other social pressure groups. It limits the political space for important debates on issues of economic policy, corruption and other social challenges.

In June 2010, the UN Working Group on Arbitrary Detention conducted a mission to Malaysia which concluded that, in conformity with article 10 of the Universal Declaration of Human Rights, the ISA should be abolished or at least amended. The Malaysian Government continues to argue that the ISA still has relevance in modern Malaysia because it is a shield against racial hostility in a multiethnic society and provides an answer to the multifaceted threats posed by international and regional terrorism. The conference aims to explore the complexities of this debate.

Conference Objectives:

1. To raise awareness in the UK about the 50^th anniversary of the enactment and continued abuse of the ISA in Malaysia

2. To engage the media, UK politicians and international organisations on the impact of the ISA on human rights in Malaysia and discuss possible cooperation on campaigning to repeal the law

3. To attract new activists in the UK to support the campaign to repeal the ISA