SEPT 30 – Malaysia stands to be embarrassed internationally if former Communist Party of Malaya leader Chin Peng takes his grievance to the International Court of Justice: it will show up the government as having reneged on several important legally-binding obligations to the CPM.
A plain reading of the two agreements and a communiqué between the Government of Malaysia and the CPM signed on December 2, 1989 in Haadyai, Thailand, states clearly the rights and obligations of both sides.
But an examination of events since that historic day – called by one commentator the finest hour in Malaysian history – shows that while the CPM kept to its side of the bargain, the Malaysian government was somewhat cavalier in keeping its obligations under the “Agreement Between The Government of Malaysia and the Communist Party of Malaya To Terminate Hostilities’’ and the “Administrative Agreement Between The Government of Malaysia and the Communist Party of Malaya Pursuant To The Agreement To Terminate Hostilities.’’
These were among several important documents tendered in court by Chin Peng’s lawyers in their breach of contract case against the Malaysian government today.
The High Court sidestepped the substantive issue of whether the Malaysian government had reneged on the terms of the historic agreements that led to the CPM laying down arms.
The court instead viewed the case as a defamation action by Chin Peng and the CPM against the then Deputy Information Minister Datuk Zainuddin Maidin for comments made in 2005. It ruled that the offending comments were not defamatory.
But this is not likely to be the last word on the matter. Chin Peng has a few options, including appealing the High Court’s decision or taking his case to the ICJ.
Chin Peng, 85, has been trying to obtain permission to return to Malaysia but the authorities have refused to accede to his request, pointing to CPM’s past atrocities and the body count of servicemen at the hands of communists.
Yet, the agreements clearly spell out that:
a) CPM had
i) to cease all armed activities, disband all its armed units, destroy its arms, ammunitions, explosives and booby traps in Malaysia and Thailand.
ii) close down Radio Suara Demokrasi Malaya.
iii) ensure that members who settled down in Malaysia shall be loyal to King and Country, and shall abide by the Federal Constitution.
iv) ensure that all press statements shall be in the spirit of the agreement and shall not contain any slanderous terms such as “mass surrender’’ and “capitulation.’’
b) The Malaysian Government:
i) shall allow members of the CPM who are of Malaysian origin and who wish to settle down in Malaysia, to do so.
ii) may allow members of the CPM who are not of Malaysian origin and who wish to settle down in Malaysia to do so.
iii) should allow Malaysian citizens who have settled down in Malaysia to participate in political activities, including the formation of political parties and the registration of any political party.
iv) shall allow Malaysian citizens to register as voters and provide reasonable help to those who have settled down in Malaysia.
v) shall provide those settling down in Malaysia who have no homes with accommodation for a period of not exceeding three years from the date of their return.
vi) shall assist those wishing to settle down in Malaysia in order to help them to start their peaceful life afresh.
The Agreement Between The Government of Malaysia and The Communist Party of Malaya to Terminate Hostilities was signed by Datuk Wan Sidek Wan Abdul Rahman, the then secretary-general of Home Affairs; General Tan Sri Hashim ali, Chief of Defence Forces and Tan Sri Haniff Omar, the Inspector-General of Police. Chin Peng, Abdullah CD and Rashid Maidin inked the agreement on behalf of the CPM.
The Administrative Arrangement Between The Government Of Malaysia and The Communist Party Of Malaya Pursuant To The Agreement To Terminate Hostilities was signed by Tan Sri Rahim Noor, the then deputy IGP, and Datuk Zulkifli Abdul Rahman, director of Special Branch. Chin Peng and Rashid Maidin were the signatories for the CPM.
Rahim Noor is willing to given evidence on behalf of Chin Peng and the CPM. It is unclear if he will be given this opportunity in a Malaysian courtroom.
But his testimony or witness statement will just add to the overwhelming body of evidence before the ICJ should Chin Peng decide to take that route.
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