Re-Visiting the Communist Party of Malaya: Is there Room for Truth and Reconciliation?

This paper re-examines the controversy regarding the Communist Party of Malaya, that was involved in an armed insurgency against the Malayan/Malaysian government until it ended its struggle in 1989. Using the legal doctrinal method, this essay shows that despite a peace treaty signed in 1989 between the Communist Party of Malaya and the goverments of Malaysia and Thailand, the British colonial policy and model that was used by the colonial authority during the period of communist insurgency prior to independence continue to be utilised and that the legal system together with the State and the society are still occupied with the national security issues posed by the Communist Party of Malaya. It is argued that the inheritance of the colonial power’s modality must be seen to be a concern in a post-colonial set up. It is proposed that further research needs to be done mirroring the steps taken leading to South Africa’s Truth and Reconciliation Commission.