White Paper on terrorism a progressive step
R Paneir SelvamPublished: Jan 9, 2015 1:00 AM | Updated: Jan 9, 2015 12:57 PM
COMMENT Recently, Prime Minister Najib Abdul Razak tabled in Parliament a White Paper on terrorism. This initiative taken by government is a progressive step.
By publishing this paper, the government has shown its conviction that it views terrorism seriously. Najib correctly pointed out that there is a need to have new legislation to curb terrorist-related activities, including terrorist financing.
The arrests of suspected terrorists/sympathisers indicate the threat of the Islamic State (IS) movement is imminent. It has become the biggest threat to our national security.
On Wednesday, heavily armed gunmen murdered more than 12 people in Paris, including the editor-in-chief of Charlie Hebdo, a French satirical newspaper, thereby indicating that a terrorist attack can take place anywhere and at any time, even though there is high security alert. This is a very dangerous and irrepressible situation to handle.
COMMENT Recently, Prime Minister Najib Abdul Razak tabled in Parliament a White Paper on terrorism. This initiative taken by government is a progressive step.
By publishing this paper, the government has shown its conviction that it views terrorism seriously. Najib correctly pointed out that there is a need to have new legislation to curb terrorist-related activities, including terrorist financing.
The arrests of suspected terrorists/sympathisers indicate the threat of the Islamic State (IS) movement is imminent. It has become the biggest threat to our national security.
On Wednesday, heavily armed gunmen murdered more than 12 people in Paris, including the editor-in-chief of Charlie Hebdo, a French satirical newspaper, thereby indicating that a terrorist attack can take place anywhere and at any time, even though there is high security alert. This is a very dangerous and irrepressible situation to handle.
The Parliament of the United Kingdom aims to, this month, pass a Counter-Terrorism Bill to introduce a new law to empower the authorities to stop British nationals who are suspected terrorists returning to the UK from abroad. They will be allowed to re-enter the country only if they agree to the terms set by the UK authorities.
Further, the UK police and border officers will be empowered to confiscate passports of persons that have reasonable suspicion of being involved in terrorism aboard, even if they are minors. With a magistrate’s order, the passports can be compounded for 30 days.
In addition, airlines must comply with requirements to screen all their passengers and even refrain suspects from boarding planes. If these requirements are not complied with, then the airlines can be fined.
National security must not be compromised
Even though such a law seems to be harsh from the viewpoint of human right advocates, national security cannot be compromised for any reason.
Syria and Iraq have become the incubator for a new wave of terrorists. Since the three-year conflict there began, it is believed that more than 12,000 foreign fighters have come from various parts of the world to fight for the IS.
As of November last year, 45 Malaysians have been identified to be part of the IS in Syria and another 15 Malaysians are in Iraq. Five of them were reported to have been killed.
For the first time in Malaysian history, two suicide bombers from Malaysia killed themselves in foreign country after they had been indoctrinated with false jihad. The profiles of both suicide bombers show that they were less than 30 years old and secondary school leavers.
This shows that not only the well educated and well established are recruited as terrorists, there are others also being recruited through the social media. Therefore, there is a need for us to have a law that will allow the security and intelligence agencies to monitor and record any suspicious conversation or transaction linked to the planning of any terrorist attack in Malaysia.
If the relevant agencies reasonably believe that suspected terrorists/sympathisers want to execute such a heinous attack on our soil, then the law must allow the said agencies to detain such persons, without any fear or favour.
In addition, the existence of sleeper cells throughout country cannot be quantified. Terrorists from sleepers cells are more dangerous than known terrorists because their identities and locations are not known to the authorities.
One of the possible clues is to identify connections between known terrorists and sympathisers with “unknown” people. This will establish the links and uncover the entire network for the authorities to detain and prosecute them in court. In order to do this, the relevant security forces and agencies need to be sufficiently equipped with a comprehensive law to execute their tasks for interest of this nation.
IS genuine threat to our security
We cannot treat IS lightly. IS is a genuine threat to the stability and security of our country. The changing of political, economic and social landscapes over the past decades will eventually turn this country into a breeding ground for terrorist groups, such as the IS, in the near future.
The government is actually at a crossroads. National interest and security are more important than protecting the fundamental rights of a small group of people. Further, a hard-core terrorist is always a terrorist. It is impossible to reform such a person, as has been proven in the case of Yazid Suffat.
The new terrorism law must be guided with strategies. Firstly, it must be ensured that all terrorist acts are investigated, with the perpetrators charged in court and justice meted out accordingly. Secondly, education must ensure young people are not recruited as terrorists and steps must also be taken to ensure that the people are not warped into false religious teachings.
Thirdly, legislation must be up-to-date and all necessary loopholes covered. Fourthly, there must be close cooperation on terrorism among multi-layered intra, regional and international agencies.
Lastly, intelligence services must be boosted to ensure that all information is carefully studied in order to thwart any potential terrorist attack.
Therefore, the new terrorism law the government proposes must give enough powers to our security and intelligence forces to curb terrorist activities in Malaysia.
These powers must also comprise surveillance modes and methods for the intelligence and security forces; provide for limited detention without trial; provide for mandatory disclosure of funding; allow for the revoking of passports of suspected terrorists and sympathisers and provide for the implementation of restricted detention within a scheduled area to effectively monitor suspected terrorists and sympathisers.
The new law also must appreciate our Federal Constitution, especially Part II, which stipulates the fundamental rights of the people. If there is any conflict between fundamental rights and national security, then the government should be obliged to uphold national interest, rather than protect a group of people threatening the sovereignty of our nation.
R PANEIR SELVAM is a senior lecturer with the Institute of Crime and Criminology, HELP University, Kuala Lumpur.
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By publishing this paper, the government has shown its conviction that it views terrorism seriously. Najib correctly pointed out that there is a need to have new legislation to curb terrorist-related activities, including terrorist financing.
The arrests of suspected terrorists/sympathisers indicate the threat of the Islamic State (IS) movement is imminent. It has become the biggest threat to our national security.
On Wednesday, heavily armed gunmen murdered more than 12 people in Paris, including the editor-in-chief of Charlie Hebdo, a French satirical newspaper, thereby indicating that a terrorist attack can take place anywhere and at any time, even though there is high security alert. This is a very dangerous and irrepressible situation to handle. The Parliament of the United Kingdom aims to, this month, pass a Counter-Terrorism Bill to introduce a new law to empower the authorities to stop British nationals who are suspected terrorists returning to the UK from abroad. They will be allowed to re-enter the country only if they agree to the terms set by the UK authorities.
Further, the UK police and border officers will be empowered to confiscate passports of persons that have reasonable suspicion of being involved in terrorism aboard, even if they are minors. With a magistrate’s order, the passports can be compounded for 30 days.
In addition, airlines must comply with requirements to screen all their passengers and even refrain suspects from boarding planes. If these requirements are not complied with, then the airlines can be fined.
National security must not be compromised
Even though such a law seems to be harsh from the viewpoint of human right advocates, national security cannot be compromised for any reason.
Syria and Iraq have become the incubator for a new wave of terrorists. Since the three-year conflict there began, it is believed that more than 12,000 foreign fighters have come from various parts of the world to fight for the IS.
As of November last year, 45 Malaysians have been identified to be part of the IS in Syria and another 15 Malaysians are in Iraq. Five of them were reported to have been killed.
For the first time in Malaysian history, two suicide bombers from Malaysia killed themselves in foreign country after they had been indoctrinated with false jihad. The profiles of both suicide bombers show that they were less than 30 years old and secondary school leavers.
This shows that not only the well educated and well established are recruited as terrorists, there are others also being recruited through the social media. Therefore, there is a need for us to have a law that will allow the security and intelligence agencies to monitor and record any suspicious conversation or transaction linked to the planning of any terrorist attack in Malaysia.If the relevant agencies reasonably believe that suspected terrorists/sympathisers want to execute such a heinous attack on our soil, then the law must allow the said agencies to detain such persons, without any fear or favour.
In addition, the existence of sleeper cells throughout country cannot be quantified. Terrorists from sleepers cells are more dangerous than known terrorists because their identities and locations are not known to the authorities.
One of the possible clues is to identify connections between known terrorists and sympathisers with “unknown” people. This will establish the links and uncover the entire network for the authorities to detain and prosecute them in court. In order to do this, the relevant security forces and agencies need to be sufficiently equipped with a comprehensive law to execute their tasks for interest of this nation.
IS genuine threat to our security
We cannot treat IS lightly. IS is a genuine threat to the stability and security of our country. The changing of political, economic and social landscapes over the past decades will eventually turn this country into a breeding ground for terrorist groups, such as the IS, in the near future.
The government is actually at a crossroads. National interest and security are more important than protecting the fundamental rights of a small group of people. Further, a hard-core terrorist is always a terrorist. It is impossible to reform such a person, as has been proven in the case of Yazid Suffat.
The new terrorism law must be guided with strategies. Firstly, it must be ensured that all terrorist acts are investigated, with the perpetrators charged in court and justice meted out accordingly. Secondly, education must ensure young people are not recruited as terrorists and steps must also be taken to ensure that the people are not warped into false religious teachings.Thirdly, legislation must be up-to-date and all necessary loopholes covered. Fourthly, there must be close cooperation on terrorism among multi-layered intra, regional and international agencies.
Lastly, intelligence services must be boosted to ensure that all information is carefully studied in order to thwart any potential terrorist attack.
Therefore, the new terrorism law the government proposes must give enough powers to our security and intelligence forces to curb terrorist activities in Malaysia.
These powers must also comprise surveillance modes and methods for the intelligence and security forces; provide for limited detention without trial; provide for mandatory disclosure of funding; allow for the revoking of passports of suspected terrorists and sympathisers and provide for the implementation of restricted detention within a scheduled area to effectively monitor suspected terrorists and sympathisers.
The new law also must appreciate our Federal Constitution, especially Part II, which stipulates the fundamental rights of the people. If there is any conflict between fundamental rights and national security, then the government should be obliged to uphold national interest, rather than protect a group of people threatening the sovereignty of our nation.
R PANEIR SELVAM is a senior lecturer with the Institute of Crime and Criminology, HELP University, Kuala Lumpur.
Related stories
France 'almost certain' Hebdo suspects circled
Paris attack may happen in M'sia, warns Hisham
Paris attack set to deepen Europe's 'culture war'
Expect some Malaysians to justify Paris killings
Parisians carry on, rattled but defiant
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