Counter-terrorism in Malaysia

Counter-terrorism in Malaysia is a series of measures implemented in Malaysia to detect and prevent terrorism as well as to minimise damages from such terrorist acts should they occur. These measures involve all levels of security services including military, police, border and infrastructure security, civil defence, medical readiness and psychological preparedness. Malaysia also participates actively in international counter-terrorism efforts. Malaysia has experienced sustained terrorism threats from 1948 until 1989, particularly from the Malayan Communist Party. The Internal Security Act 1960 (repealed 2012, replaced with Security Offences (Special Measures) Act 2012 was enacted to prevent terrorism in Malaysia.

Need for legislation

Due to the nature of modern terrorism threats, it is no longer feasible to rely on the existing criminal law provisions. With information travel across the globe in a matter of minutes, evidences are getting more and more obscure and personal liberty is being misused, it is imperative for the Malaysian Government to enact a separate law to deal specifically with terrorism threats.

Generally, the need for anti-terrorism laws can be summarised as below:

Historically, Internal Security Act 1960 was enacted in 1960 by the administration of Tunku Abdul Rahman, then Federation of Malaya's Prime Minister to deal specifically with the threats of armed resistance from the communists. The main features of the Internal Security Act 1960 were:

The controversy surrounding the Internal Security Act 1960 led to the abolishment of the Act in 2012 by the administration of Dato' Seri Najib Tun Haji Razak and it is replaced by the Security Offences (Special Measures) Act 2012,[1] with shorter detention period and more explicit terms related to the exclusion political activities from being subjected under the new Act. However, access to legal counsel (Section 5(1)(b)) can be delayed for up to 48-hours, subject to authorisation by a person not below the rank of Superintendent of Police (Section 5(2)).

History of legislation

Prior to the enactment of the Internal Security Act 1960, there was no specific anti-terrorism legislation in place. The closest resemblance of an anti-terrorism provision is Chapter VI of the Penal Code (Act 574),[2] related to offences against the state.

With the onset of World War II looming in the Pacific theatre, the Japanese army invaded Malaya on 8 December 1941. The Japanese Occupation of Malaya lasted for four years and throughout the occupation period, the Japanese army was constantly harassed by the Malayan People's Anti-Japanese Army (MPAJA), a group of resistance fighters from the Malayan Communist Party.

Following Japanese surrender on 16 August 1945 after the bombing of Hiroshima and Nagasaki, MPAJA fighters came out of their hideouts in the jungle and many were initially hailed as heroes. However, before the return of British forces to Malaya, MPAJA fighters began their reprisal campaign against Japanese collaborators and civilian population. When the British re-established their control of Malaya, the MPAJA was disbanded and arms returned to the British Military Administration (BMA), an interim administration outfit prior to the formation of Malayan Union.

During this period, the Malayan Communist Party began to become more anti-British. With the post-war world's economy still in its recovery period, the British administration in Malaya faced growing resentment, particularly from the labour unions. At this stage, the Malayan Communist Party had infiltrated the labour unions and kept up the pressure on British administration. Following the murder of three European planters in the State of Perak and proclamation of the state of emergency on 16 June 1948, the British administration had finally banned the Malayan Communist Party on 23 June 1948. Many party members were arrested and top party leaders went into hiding in the jungle to avoid arrest. The Malayan People's Anti-British Army (MPABA) was formed to fight the British in Malaya. The MPABA was later renamed to the Malayan People's Liberation Army with the stated goal of establishing a republic in Malaya and Singapore on 1 February 1949.

The British administration was constantly ambushed by the communists during the period of 1949 to 1955. In 1955, the first general election of Malaya was held and Tunku Abdul Rahman became the first Chief Minister of the Federation of Malaya. Towards the end of 1955, the Federal Government held a peace talk with the Malayan Communist Party, which broke down due to the refusal of the Federal Government to legally recognise the party and demanded its dissolution. The fight continued until the Federation of Malaya achieved her independence on 31 August 1957.

The Malayan Emergency was declared over on 31 July 1960 and the first anti-terrorism law was enacted in the same year, known as the Internal Security Act 1960, to provide sweeping power to the Federal Government to deal with the threats of armed communists resistance.

With the cessation of armed communist resistance, formalised through the peace agreement between the Malaysian government and Malayan Communist Party on 2 December 1989, critics argued that the Internal Security Act 1960 was no longer relevant and should be repealed. Under the administration of Mahathir Mohamad and Abdullah Ahmad Badawi, the Internal Security Act 1960 has been invoked on a number of occasions to quell dissidents. This has prompted the United States to express concern over the use of the law.[3]

In 2011, the administration of Najib Razak agreed to repeal the Internal Security Act 1960,[4] after facing growing disapproval from members of the opposition parties and civil groups. The Internal Security Act 1960 has been replaced by Security Offences (Special Measures) Act 2012.[5]

Effectiveness of legislation

Malaysia has been largely spared from any major terrorism incidence since the signing of peace accord with the Malayan Communist Party. However, after the terrorist attack on World Trade Centre and Pentagon in the United States on 11 September 2001, Malaysia is facing growing threats from regional terrorist groups, the most notable is Jemaah Islamiyah (JI). The effectiveness of anti-terrorism efforts in Malaysia is dependent on cross-agencies co-operation as well as international co-operation in terms of intelligence sharing and training in handling the threats of terrorism.

Agencies involved

Timeline

These are the events related to terrorism and counter-terrorism in Malaysia. Also listed are major terrorist incidents in the Malaysia that have influenced counter-terrorism policies in Malaysia.

1940s

1950s

1960s

1970s

1980s

1990s

2000s

2010s

Counter-terrorist specialised units

At the forefront of the battle against terrorism are specialised military, law enforcement, and civil defence units, namely:

See also

References

  1. ↑ (PDF) https://web.archive.org/web/20121120130346/http://www.parlimen.gov.my/files/billindex/pdf/2012/DR152012E.pdf. Archived from the original (PDF) on 20 November 2012. Retrieved 12 February 2013. Missing or empty |title= (help)
  2. ↑ "Laws of Malaysia (Penal Code) - Act 574" (PDF). The Commissioner of Law Revision, Malaysia. 1 January 2006. Retrieved 7 April 2015.
  3. ↑ https://web.archive.org/web/20111023014709/http://2001-2009.state.gov/r/pa/prs/ps/2008/sept/109958.htm. Archived from the original on 23 October 2011. Retrieved 12 February 2013. Missing or empty |title= (help)
  4. ↑ Shannon Teoh (15 September 2011). "Najib announces repeal of ISA, three emergency declarations". The Malaysian Insider. Retrieved 7 April 2015.
  5. ↑ Security Offences (Special Measures) Act 2012 Archived 20 November 2012 at the Wayback Machine.
  6. ↑ "Southeast Asia Regional Centre For Counter-Terrorism (SEARCCT)". Retrieved 7 April 2015.
  7. ↑ "PM announces repeal of ISA, three Emergency proclamations". The Star. 15 September 2011. Retrieved 7 April 2015.
  8. ↑ Tashny Sukumaran; Shaun Ho (8 February 2013). "Ex-ISA detainee Yazid, acquaintance charged with inciting terrorist acts". The Star. Retrieved 7 April 2015.
  9. ↑ "Malaysia arrests 17 for alleged terrorist attack plot in Kuala Lumpur". Associated Press. The Guardian. 6 April 2015. Retrieved 7 April 2015.
  10. ↑ "Parliament passes controversial anti-terrorism law by 70 to 69 votes". The Malaysian Insider. 7 April 2015. Archived from the original on 8 April 2015. Retrieved 7 April 2015.
  11. ↑ "Suspected militants nabbed while they were making bombs". The Star Online. 27 April 2015. Retrieved 27 April 2015.
  12. ↑ "Malaysian hostage Bernard Then beheaded". The Star Online. 17 November 2015. Retrieved 21 November 2015.

External links

This article is issued from Wikipedia - version of the 12/1/2016. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.