CHAPTER 3 - REPORT OF THE LAW REFORM AND INTERNATIONAL TREATIES WORKING GROUP 9. PREVENTIVE LAWS AND DETENTION WITHOUT TRIAL With regard to enforcement of law and administration of justice, the Commission is in the midst of studying the structure and mechanism of preventive laws that allow for detention without trial. It will examine the implementation of laws relating to detention without trial such as the Internal Security Act 1960 (ISA) and the Emergency (Public Order and Prevention of Crime) Ordinance 1969, and asses the extent to which the implementation of these laws is consistent with principles of human rights. The Commission understands that the Government is in the final stage of revising the ISA. It is essential that the Government ensures that the amendments adhere to human rights principles, particularly in relation to detainees’ rights to personal liberty and the right to a fair trial. The UN Working Group on Arbitrary Detention (WGAD) carried out a country mission to Malaysia from 7-18 June. On 15 June, it met with the Commission. The delegation, led by Mr El Hadji Malick Sow, was interested in learning about preventive detention laws such as the ISA, Emergency Ordinance 1969 and Dangerous Drugs Act (Special Preventive Measures) Act 1985. The meeting provided an opportunity for the Commission and the WGAD to exchange views and share ideas on arbitrary detention, on the role of the Commission, and on the promotion and protection of human rights as a whole in Malaysia. The meeting proved beneficial for the Commission especially, as the WGAD offered many suggestions on how the Commission can execute its mandate more effectively. At the conclusion of the WGAD visit to Malaysia, several recommendations were made, including: (i) The repeal of the ISA, Emergency Ordinance 1969, Dangerous Drugs Act 1985 and Restricted Residence Act 1933, or their amendment to ensure they are in conformity with Article 10 of the UDHR; and (ii) Strengthening the status, powers and functions of the Commission in accordance with the Paris Principles. During the year, too, the Commission re-submitted its Review of the ISA 1960 Report to the relevant Government agencies for further deliberation. 59