Eighteen years after the biggest mass detention of activists under the Internal Security Act 1960 (ISA), persistence has yet to pay off for those who have been trying to rally public support to repeal the law.

Why, despite the horrors of Operasi Lalang in October 1987, do Malaysians still condone torture and detention without trial of politicians, academicians, students, unionists, religious leaders, teachers and social activists?

Ask former detainee, now DAP secretary-general Lim Guan Eng, and he will say that Malaysians are complacent and lack the willpower to pressure the government to repeal the ISA.

"The government today subscribes to a time-tested formula that has proven to be effective - as long as people's stomachs are full and they are provided with entertainment, they are content," says Lim.

"For the same reason, they are also oblivious to defects in administration. This is just like in Singapore, where the people are highly educated and yet are completely servile to the government."

While he believes the silent majority is opposed to the ISA, he says that protesting the Act is not a top priority for them.

"Yes, many acknowledge the threats posed by the ISA, but feel they have more important things to address like their livelihood or their children's future. So, they are not willing to pursue it (repeal) seriously," he said.

As bleak as this the situation is, the anti-ISA movement should not give up on efforts to expand public awareness and build momentum against the Act, says Lim.

"We mustkeep the flame of human rights burningwhen the time comes, there will be a ready groundswell of middle-class activists who can lead in getting the ISA abolished," he adds persuasively.

He himself draws inspiration from the movement against Universities and University Colleges Act 1971 which prohibits activism by students and academics. Constant pressure, though, has enabled university students to be bolder in criticising the legislation

Malay perspective

Lim notes that headway has been made against the ISA with greater involvement of the Malay community in the lobby.

"The Chinese community often took the brunt of the ISA in the past, and it was rare for Malays to be arrested under the ISA. But in recent years, some religious leaders in the Malay community have been detained under the ISA. This has led Malays to find out more about this abusive legislation."

This is a reference to the series of arrests and detentions between 2001 and 2002, starting with those of seven reformasi activists in May 2001.

In August that year, 10 people were arrested for alleged involvement with Kumpulan Militan Malaysia (KMM). Then, between December 2001 and December 2001, more than 80 people were arrested for alleged militant activities linked to regional terror group Jemaah Islamiah (JI).

Abolish ISA Movement (AIM) president Syed Ibrahim Syed Noh acknowledges as much, saying it was the arrest of his friend, reformasi activist Saari Sungib, that gave him a jolt.

"I wasn't even aware of Operasi Lalang because I was studying abroad at the time," he says, agreeing that Internet communications would have made much difference if available then.

"I only knew (about the crackdown) much, much later. But it was Saari's arrest that shook me and my friends because he was president of Jemaah Islah Malaysia. I am the vice-president now."

Syed Ibrahim's involvement in activities to repeal the ISA intensified when an uncle was also arrested on suspicion of involvement in military activities.

"I found out that the ISA is not just oppressive, but also abusive. I realised, too, that others don't know the extent of the threat (to their personal liberty). So I decided to make people aware of this and soon, the cause went beyond a personal reason.

"I've witnessed children suffering a mental breakdown after being separated from their (detained) father. I've seen how wives struggle on their own to keep the family together. I usually tell people: don't wait until it happens to you and your family."

Government interests

It has been far from easy for the movement as it has to contend with the biggest of obstacles in the form of government machinery and a controlled media that is unable to relay anti-ISA messages.

"Our movement is pitted against government policy. The ISA is a convenient tool for the government, which claims that the Act is meant to safeguard national security. So what we do is perceived as a threat.

"We tell people that the ISA does not protect the national interest, but that is used as tool to protect the government's interests."

To overcome this, AIM employs creative ways to relay the message, such as capitalising on its meetings with the Human Rights Commission of Malaysia, and issuing statements to more receptive media organisations like malaysiakini and Harakah and the Chinese press.

AIM has discovered a powerful tool that communicates the threat of the ISA to the public: through theatre.

"The plays directed by ex-detainee Hishamuddin Rais are based on the experiences of former detainees or their family members. We show how detainees are interrogated and how the detention affects their families. We recently completed a successful nationwide road-show.

"Many couldn't believe what they sawthey shook their heads in disbelief when we convinced them that the plays were a re-enactment of what some detainees went through."

He knows that the struggle to put information in the public realm has been made much harder by Malaysia's priority on economic well being.

"Malaysians go for material gain. All this goes back to government policy. The public are not adequately informed of their rights. They avoid real discussion of transparency and corruption.

"To me, the Malaysians are lost in the perfect picture painted by the government. It has succeeded in giving Malaysians a false sense of security. Until they are jolted out of this dream, they will ignore the problems that jeopardise our lives."

Ignorance of basic rights is so pervasive, he says, that even some ISA detainees and their family members have refused AIM's assistance to speak for them

"It is tough to communicate with such people and to educate them on their rights," says Syed Ibrahim.

Element of uncertainty

Fortunately for the lobby, a few human rights lawyers willingly sacrifice their time and money to represent those ISA detainees who are willing to fight back.

The actions of young lawyer Amer Hamzah Arshad, for instance, show that people do not have to be directly affected before they can feel strongly about the ISA.

Amer was in Form 2 when Operasi Lalang took place. None of his family members or friends have been arrested or detained under the ISA. His interest in the issue is derived from the human rights perspective.

"I became aware of the repercussions of the 1987 arrests on human rights when I was doing my law degree in the UK, where issues on human rights were abundant."

Currently, though, only about eight lawyers in Kuala Lumpur and Selangor - out of about 6,000 - take up human rights cases.

"Not many lawyers are willing to take up these cases. We're lucky if we can get disbursement to cover expenses, so most of the time we do it pro bono. It does not make money and the work takes time because a lot of research is required.

"A trip to (the detention camp in) Kamunting (in Perak) takes the whole morning. By the time we finish interviewing the detainees, it is late afternoon and we get back to Kuala Lumpur only at night. So, for some lawyers, this is non-productive work."

Representing the ISA detainees has been an eye-opener for Amer, who has come to see that they suffer much more than criminals who are convicted and jailed.

"Those serving time know when they will leave prison. There is no such element of certainty for ISA detainees. For the first two years, they hope that there will be no extension of detention. They will only know at the last minute whether or not there is one."

"The government ignores the family's needs. It takes away the father who is usually the breadwinner in the family, and doesn't tell them when the person will be released.

"Some have had to sell their house or home-makers are forced to suddenly find some means of financial supportis this at all in line with the government's concept of Islam Hadhari (moderate Islam)?"

Judicial activism absent

Little has improved in court decisions on ISA cases since 1987, says Amer, who notices that Malaysian judges are still conservative in interpreting the security law.

There has only been one case to date, that of former Parti Keadilan Nasional leader Ezam Mohd Noor, where the Federal Court stated that the police must produce evidence to justify the arrest and detention.

"That decision was like a victory to lawyers who take up these cases. But hardly any progress has been made since then."

This is not so in other Commonwealth countries, he contends. British judges, for instance, always apply the human rights perspective in interpreting laws and often try to expand the law as well.

"Here, the argument is that judges do not make the law, but can only interpret them. But I think the court cannot allow Parliament to pass any law that goes against human rights as stated in the Federal Constitution.

"If any law contradicts human rights, judges could condemn the legislation by declaring it to be unconstitutional and therefore, null and void."

As passionate as he is about challenging laws like the ISA, Amer knows that there is a long way to go yet. But like Lim, he takes the optimistic view.

"A senior lawyer told me that handling ISA cases is like knocking your head on the wallallyou get is a headache.

"But I believe that the more we knock on the wall, the more noise this will create. After a while there will be enough noise for people to ask what is going on, and they will become aware of the issues. Perhaps at that point, we will be able to achieve what we want."