Ratification of the following instruments is under active consideration:
•
Maritime Navigation Convention; and
•
Protocol to the Maritime Navigation Convention.
The Constitution of Malaysia 1957 contains a number of rights and freedoms and procedural
safeguards. It also provides for derogations from those rights.
The primary pieces of
legislation that relate to terrorism in Malaysia are:
•
the Internal Security Act 1960 (ISA);
•
the Emergency (Essential Powers) Ordinance 1970;
•
Prevention of Crime Act 1959 and the Emergency (Public Order and Prevention
of Crime) Ordinance 1969;
•
the Public Order (Preservation) Act 1958;
•
the Extradition Act 1992; and
•
the Kidnapping Act 1961.
Definition of Terrorism in the ISA
The Internal Security Act (ISA) was tabled in Parliament in 1960 in order, “firstly to counter
subversion throughout the country and secondly to enable the necessary measures to be taken
to the border area to counter terrorism”201. The ISA and the powers of detention it confers
remain in full force to this day.
201
Parliamentary Debates, Dewan Rakyat (21 June 1960). The terms ‘terrorist’ and ‘CT’ (communist terrorist)
became part of the daily vocabulary in Malaysia in 1948 following a series of assassinations and incidents of
economic sabotage by the Malayan Communist Party. The terms ‘terrorist’ and CT’ were used to describe all
members of the Malayan Communist Party whether they were actual combatants or merely card carrying
members who shared the party’s aims. A nationwide emergency was declared under British rule on 12 June
1948 in conjunction with the passing of the Emergency Regulations. The insurrection continued after Malaysia
obtained its independence and led to the passing of the ISA. The Act was stated to be “an Act to provide for the
internal security of the federation, preventive detention, the prevention of subversion, the suppression of
organized violence against persons and property in specified areas of the Federation and for matters incidental
thereto.” The preamble recited that the necessity for the Act was brought about because “action had been taken
and further action had been threatened by a substantial body of persons:
1. to cause a substantial number of persons to fear organized violence against persons and property; and
2. to procure the alteration, otherwise than by lawful means, of the lawful Government of Malaysia by law
established.”
The Act was to be operative in any part of the country designated as a “security area”. Initially the whole of
Malaysia was designated as a security area but over time some areas have been declassified.
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