Rais: Suhakams proposals on ISA and other security laws being reviewed
The government is in the process of reviewing the recommendations by the Human Rights Commission of Malaysia (Suhakam) and this is expected to be completed by the end of the year, said Minister in the Prime Minister's Department Dr Rais Yatim today.
He said a committee comprising representatives from the legal departments of the Prime Minister's Department, Home Ministry, Attorney-General's Chambers and the police has been formed for this purpose.
The government is in the process of reviewing the recommendations by the Human Rights Commission of Malaysia (Suhakam) and this is expected to be completed by the end of the year, said Minister in the Prime Minister's Department Dr Rais Yatim today.
He said a committee comprising representatives from the legal departments of the Prime Minister's Department, Home Ministry, Attorney-General's Chambers and the police has been formed for this purpose.
Suhakam made the proposals regarding a range of public order and security laws in its annual report which was submitted to Parliament in April.
"The government has formed a committee to analyse and study the report objectively, said the minister at a press conference after officiating the opening of Suhakam's annual human rights conference in Kuala Lumpur.
"We are on the verge of crystallising some of the points," added Rais, who is also the de facto law minister.
Comparative survey
He said aside from the Internal Security Act (ISA), the committee is also looking into other laws such as the Restricted Residence Act 1933, Public Order (Preservation) Ordinance1958 and the Emergency (Public Order and Prevention of Crime) Ordinance1969.
"Besides the ISA, there are a good number of other instruments...The government is looking at all these instruments so as to be able to put forward views for the long term.
"(Suhakam's) report is not being put away but it is attended to systematically. But because there are a number of legislation, it will take us some time (but) it should be by the end of this year," he added.
The minister said the committee's review would also include a comparative survey of similar laws in other countries such as India, Singapore, South Africa and the United States.
"We need to look at universal values and the need of Malaysia (in terms of national security) in time to come. Every country needs their laws and (values) must be imbued within the system," he added.
In its report, Suhakam urged the government to re-examine security laws whose relevance may be outdated as they were formulated before Malaysia's independence.
Following a separate review of the ISA, Suhakam also suggested that the law be repealed and replaced with a comprehensive new law that clearly defines offences considered threats to national security.
Until today, the government has not responded to the recommendations.
Rais said the present review of the security laws is the second attempt by the government to re-look the provisions of these laws.
According to him, the government had earlier considered amending some of the laws but this was subsequently put on hold after the Sept 11 terrorist attacks in the United States.
"The first set was done in 2001. After Sept 11, there was no format to restudy the laws. The scenario had changed and it required a different perspective (to review the laws)," he said.
"But the values shift must start. We too share the values that some countries have and we feel that some United Nations instruments ought to regain recognition," he added.
Terror suspects
In a related development, Rais said the government cannot afford to release the 100 over suspected terrorists being held under the ISA if they pose a risk to national security.
The minister was responding to a question on whether the detainees would be charged for the alleged offences.
"What about the 89 (detainees) held at Guantanamo Bay (by the United States)? They are also not given due process. We believe that we should not be confined to (actions) which could be prejudicial to national security.
"I would like to make it clear that this is not just the Malaysian style of doing things...If Australia is willing to accept them, then let them go and live in Melbourne, Perth or Sydney," he said to a question posed by an Australian journalist.
He stressed that the decision of whether these individuals would be put on trial would depend on the outcome of investigations by the Home Ministry.
Earlier when relaying the opening speech by Deputy Prime Minister Abdullah Ahmad Badawi, Rais said there are two areas that need to be addressed when considering human rights in the context of administration of law - the theme of the Suhakam conference.
One area is to identify the gaps in the law, particularly those which require updating or further detailing, and ensuring that enforcement of law is not open to abuse of inefficiency.
The other is for a more formalised idea of the concept of human rights in relation to other forces within the context of law administration.
Abdullah, who was originally scheduled to open the conference, was required to attend a state visit to Bangkok, Thailand.

