Southeast Asia

Jailed leaders shaking up Malaysian politics
By Anil Netto

PENANG, Malaysia - The man slated to succeed Prime Minister Mahathir Mohamad in October next year is facing renewed calls from rights groups to release political activists held under harsh security laws after a Federal Court ruling this month.

All eyes will be on Deputy Premier Abdullah Badawi, who is also home minister, to see if he will bow to the demands. It would be his first major test since stepping into the limelight after Mahathir's decision to step down. But few are hopeful that the court's ruling will have any bearing on the fate of the detainees.

On September 6, the country's highest court unanimously ruled that the initial 60-day detention of five opposition leaders on April 10 last year under the Internal Security Act (ISA) was unlawful and in bad faith. The court, however, did not order their immediate release, as it said the decision would not affect the subsequent two-year detention order signed by Home Minister Abdullah. The detention orders can be renewed indefinitely.

But rights groups have been calling for the release of the detainees, arguing that the subsequent detention order was based on the findings of the initial 60-day interrogation period. The Abolish ISA Movement (AIM) said it would intensify its campaign for the repeal of the law and the release of the detainees. AIM is a network of 83 pressure groups, opposition parties and trade unions set up after the government detained a string of political activists.

The grouping plans to lodge a police report against the Inspector General of Police for the unlawful arrests last year and to submit memoranda to the Human Rights Commission of Malaysia (Suhakam) and to Abdullah. It also wants to brief embassies on the implications of the court's decision and to send a protest letter to the United Nations High Commissioner for Human Rights.

The country's Bar Council is also adding to the pressure. Bar Council chairman Mah Weng Kwai said that since the initial detention by the police had been declared unjustified by the Federal Court, there was therefore no valid ground for the government to continue their detention. "The Bar Council is further of the view that a speedy, unilateral decision to release [the detainees] by the government following the decision of the Federal Court is not only the legally proper course of action, but also necessary to demonstrate the government's continued commitment to the rule of law in this country," he added.

Of the five whose case the Federal Court ruled on September 6, one was released after 52 days and another has been charged and jailed for revealing "official secrets" pertaining to an anti-corruption probe implicating two senior ruling coalition officials. The remaining three are holed up in the Kamunting Detention Camp north of Kuala Lumpur along with some 110 other ISA detainees. Two other detained political activists were not named as appellants in this case but their lawyer says the decision should also apply to them, as they were arrested under similar circumstances.

The ISA arrests in early 2001 appeared to target the National Justice Party (Keadilan) and left the party crippled after its key second-echelon leaders - the main crowd-pullers during mass open-air rallies - were detained.

Many analysts have regarded the political contest in Malaysia as a struggle between Mahathir's United Malays National Organization (UMNO) and Parti Islam SeMalaysia (PAS) for the hearts and minds of ethnic Malay-Muslim voters, who make up just over half the electorate. That view is not without substance: PAS controls the east coast states of Kelantan and Terengganu and is hoping to gain control of two or three more Muslim-dominated states in the next general election. And last week, Abdul Hadi Awang, a conservative hardliner who heads PAS, formally took over as parliamentary opposition leader after the incumbent passed away in June.

On September 9, Hadi tabled an emergency resolution to debate the fate of the ISA detainees in parliament. The parliamentary Speaker, however, rejected the motion, arguing that the issue was not urgent and could be debated any time.

A few analysts believe that ruling-coalition officials are just as worried about Keadilan, which presents a more multi-ethnic face. The party may pose a threat in the ethnically mixed areas if disenchantment over language and educational policies take root.

It is headed by Wan Azizah Wan Ismail, the wife of jailed ex-deputy premier Anwar Ibrahim. Anwar's ouster in September 1998 unleashed reformasi, a clamor for wide-ranging political and social reforms that shook the Mahathir administration.

Keadilan is set to merge with the left-leaning Malaysian People's Party (PRM), a move that will strengthen the middle ground and provide an alternative for non-Muslim and ethnic-Chinese voters who may not be comfortable with either PAS on the one side or UMNO and its race-based coalition allies on the other.

Though PAS seems to pose the biggest threat now, the ruling coalition ironically may find it easier to counter it by labeling its members as extremists and by arguing that its conservative interpretation of Islam would be out of synch with national aspirations and economic ambitions.

Harder to counter would be a moderate opposition party with solid multi-ethnic credentials. Although the party is still largely Malay-based, it has attracted a growing number of younger Chinese-Malaysians into its ranks, say party insiders - and that must worry the authorities. And of course, Anwar's shadow continues to haunt the ruling coalition's every move, though the mainstream media are regarding him as a persona non grata.

Meanwhile, the judiciary as well has come under the spotlight for not ordering the immediate release of the detainees. "It defies logic and disturbs our conscience that the bench should conclude that it had no power to decide whether the subsequent two-year detention order by the minister was unlawful," said P Ramakrishnan, president of social-reform group Aliran. "It is baffling that they should advise the appellants to file another habeas corpus application."

There is talk making the rounds that the elections, due by 2004, may be held much sooner rather than later. That would make sense given that economic prospects remain uncertain. And with an election looming, the last thing the government needs is fresh public concern about its rights record.

(©2002 Asia Times Online Co, Ltd. All rights reserved. Please contact content@atimes.com for information on our sales and syndication policies.)


 
Sep 17, 2002


Malaysia's rights body marks unhappy birthday (Sep 13, '02)

Malaysia: Rights and wrongs  (Sep 7, '02)

Malaysia tightens security screws (Apr 20, '02)

Malaysia's tough tactics  (Jan 15, '02)



 

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