KEY ISSUES In the interim, the Commission calls on the police to facilitate the exercise of the right to assemble in an orderly and peaceful manner. At the same time, the Commission urges all parties to exercise their rights responsibly in ensuring peace and the safety of all involved; importantly, the rights of others who are indirectly affected should also be respected and protected. 2. REVIEW OF PREVENTIVE DETENTION LEGISLATION In line with its previous calls for repeal of all preventive detention legislation, the Commission welcomes the Government’s decision to annul the existing Proclamations of Emergency, and to repeal the Internal Security Act 1960 (ISA), the Banishment Act 1959 and the Restricted Residence Act 1933. This will enhance the protection and promotion of human rights. While the Banishment Act 1959 and the Restricted Residence Act 1933 have been repealed as promised, the Commission is deeply concerned over two subsequent developments; the first being the detention of 13 suspected militants under the ISA; and the second, the statement by the de facto Law Minister that legislation to replace the ISA will still enable detention without trial, albeit for a shorter period. These developments have elicited criticism in various quarters including Human Rights Watch, which has called on the Government “to demonstrate its intent to end unlawful detention and immediately revoke the abusive laws and release or fairly prosecute those being held in preventive detention”. The Human Rights Watch has called on the Government ‘to demonstrate its intent to end unlawful detention and immediately revoke the abusive laws and release or fairly prosecute those being held in preventive The Commission recognises that the authorities have a duty detention’. to maintain public safety and national security. However, this should not extend to use of laws which allow for detention without trial. The Commission urges the Government to give due consideration to its recommendations in its Report The Review of the Internal Security Act 1960. A tough stand should be taken on threats to public safety and national security, but without undermining fundamental human rights principles. The Commission also urges the authorities to release all those detained under the ISA and to accord them their right to an open trial with legal representation. 14