Globalization and the Right to Life and Liberty in Malaysia: Opposing Influences on the Internal Security Act

Globalization has had both positive and negative impacts on human rights in Malaysia. Malaysia is one of the few countries in the world that has preventive detention laws on its statute books. Under the 1960 Internal Security Act (¡°ISA¡±), the government may detain persons whom it deems to be threats to the country¡¯s national security indefinitely without trial. Local and international critics have always condemned the ISA for being contrary to human rights and the rule of law. The globalized threat of terrorism since September 2001 however has provided the Malaysian government new justifications for the ISA. The ISA, it argues, is necessary to combat terrorism both locally and internationally. Countries that were traditionally critical of the Malaysian government¡¯s use of the ISA such as the United States now in turn adopted similarly anti-liberty actions in its supposed War against Terror, thus indirectly legitimizing the use of the ISA. On the other hand, globalization has fueled an opposing force in Malaysian society. Increased interconnectivity and freedom of information has led to an infusion of international human rights ideology within Malaysian society and is precipitating the rise of civil society in the country. The Human Rights Commission (SUHAKAM) and other human rights movements such as the Abolish ISA Movement (AIM) have increasingly appealed to international human rights law and international human rights groups to pressure the government to abolish the ISA, or at least to be more wary of using the draconian law. Although the judiciary has yet to accept the Universal Declaration of Human Rights as part of Malaysian law, several new cases involving ISA detainees show that the judiciary is increasingly accepting of a more rights-protective philosophy in their adjudication. This paper will examine these rights-protective cases in light of the opposing influences that globalization is placing upon the right to life and liberty of the person in Malaysia.