-S.Pathmawathy, November 30, 2009.

Exclusive Communist Party of Malaya (CPM) leader Chin Peng, 85, has a right to return to Malaysia at least on a social visit, said former inspector-general of police Abdul Rahim Noor.This, he said, is provided for in the Hatyai Peace Accord signed on Dec 2, 1989 between the CPM and Malaysian government to end some 40 years of communist insurgency.

“I go strictly by the spirit of the agreement. First of all, (it) covers all levels of CPM members from the bottom-most to the highest-most,” he said in an interview to mark the 20th anniversary of the treaty on Wednesday.

“If you consider Chin Peng as the highest leader in the hierarchy, then it covers (everyone from him) right to the bottom-most (personnel).”

Chin Peng, who real name is Ong Boon Hua, was born in Sitiawan, Perak, but now lives in southern Thailand. His recourse to the Malaysian courts to be allowed to return has failed, and the government has since reiterated that he is barred from doing so.

Abdul Rahim, 66, who was Special Branch director at the time and helped negotiate the final settlement, said the terms allow those born in then Malaya to return home if they chose to.“But they had to give the government indication within 12 months from the date of the peace agreement, whether they (would) come back or not.

“Those who failed to do so, or (who) for some reason (felt) they didn’t want to come back (permanently), would still be allowed to come back any time on a social visit, but not for good to settle down in this country.

“I think it is on this basis of the agreement that a vast majority of them were allowed (to return), young and old.”

The peace treaty was signed by Chin Peng, Rashid Maidin and Abdullah CD (representing CPM) and  home ministry secretary-general Wan Sidek Wan Abdul Rahman, IGP Hanif Omar and army chief Hashim Mohd Ali who represented the Malaysian government in Hatyai, Thailand.

Abdul Rahim expressed surprise at the government’s refusal of this right to Chin Peng, as well as the recent court decision to block his return.

“I don’t know if Ching Peng did apply to come back within the specified period of time – the 12 months effective from the time of the peace agreement.

“Assuming that he did not apply to come back within that period, based on the agreement, he should (still) be allowed (in) on a social visit.”

‘Arguments baseless’

Government leaders and former security personnel have objected vehemently to Chin Peng’s return, based on his decision not to dissolve CPM – still considered an illegal organisation under Malaysian law – and because of atrocities committed by its personnel.

Responded Abdul Rahim: “I fail to understand this. The fact is that the government had deemed it fit to sign the peace agreement, although (it) was fully aware that the CPM had been a illegal (organisation) since 1948.

“(It is) a party whose permit for existence was not renewed in 1948, and yet the government deemed it fit to enter into a peace treaty to end the (insurgency).

“Therefore, logically, both sides must respect (the agreement). To the best of my knowledge, Chin Peng’s side has observed every (one of the) terms and conditions of the peace treaty.”
Abdul Rahim said many army personnel have visited the ‘peace villages’ in Thailand, but have not seen any indication that the ex-CPM members who live there are likely to revert to communist ideology.

“The CPM has observed the peace treaty. So (what about us?) I think the government has done well to the extent that those who came back were given allowances.”They were not arrested under ISA (Internal Security Act) and one or two are even lecturers in a local university.

“It is only Chin Peng (right) who has not been allowed to return. Here, let me remind you that I am (speaking as a) professional man, and (that) I refer to the peace treaty.”

Army veterans should understand that they were representatives of the armed forces when the agreement was signed, and that the aim was to settle the insurrection in an amicable manner, he said.

“I am sure (they) knew the implications – the short, medium and longer range implications – of the peace treaty. They would have advised the government that (signing) it would have been a slur on the armed forces, or something like that.

“To me in any war, in an armed conflict, big or small, there must be casualties… If you say the army, police personnel and civilians suffered the most, ask the CPM (and) they would say the same thing – ‘what about me and my people?’

“So to me, views expressed by (associations representing) veterans and ex-police (personnel) are just emotional.”

Abdul Rahim also asked why ex-CPM leaders like Abdullah CD and his wife Suriani have been allowed to enter the country on a social visit pass, and had even been granted an audience by the Perak sultan.

“Abdullah CD in his memoirs had gleefully admitted that he was behind the attacks on police station in west Pahang.“Were conditions (imposed on Abdullah and Suriani) to provide documents to prove they were born (in Malaya, as Chin Peng has been told to do)?

“It is unfair what they are doing to that old man (Chin Peng). As a professional, I believe that the government should keep its end of the bargain,” said Abdul Rahim.In another development, opposition leaders Anwar Ibrahim and Lim Kit Siang both urged the government to honour the Haadyai agreement and allow Chin Peng to visit his hometown in Sitiawan.

They said that the government’s credibility will be affected adversely if it reneged on the commitments and undertakings in the Haadyai agreement.