Sep 28, 2016 | News
The conviction of Member of Parliament Tian Chua under the 1948 Sedition Act increases already severe restrictions on freedom of expression in Malaysia, said the ICJ today.
The Malaysian government should drop all charges filed under this law and remove or amend this colonial era law to ensure compliance with international human rights law and standards, the ICJ added.
The Sessions Court in Kuala Lumpur convicted Tian Chua (photo) today under Section 4(1)(b) of the 1948 Sedition Act for allegedly uttering “seditious words.”
The allegedly “seditious words” spoken by Tian Chua were calling on Malaysians to “stand up and fight against racism and corruption.”
Tian Chua spoke these words at a public forum on 13 May 2013 at the Kuala Lumpur and Selangor Assembly Hall.
“Prime Minister Najib Razak promised in 2012 to abolish the 1948 Sedition Act, but until now, this promise has not been fulfilled,” said Emerlynne Gil, ICJ’s Senior International Legal Adviser.
“It now appears that the Malaysian government is holding on to this law to silence political opponents and human rights defenders who express critical views about what is happening in the country today,” she added.
Tian Chua received a penalty of three months’ imprisonment plus a fine of RM1,800 (approximately US$435).
Although he will still be entitled to keep his seat as Batu’s representative to the Malaysian Parliament, his conviction sends a clear and dangerous message that politically critical comments or dissenting opinions from anyone, including a Member of Parliament, will not be tolerated by the government, the ICJ says.
Several other people were also charged for sedition for their speeches at the same public forum where Tian Chua spoke: activists Adam Adli, Hishamuddin Md. Rais, Haris Fathillah Mohamed Ibrahim, and Safwan Anang.
All of them have already been convicted in the past few months under the same provision of the Sedition Act.
“By its very terms, the 1948 Sedition Act contemplates restrictions on the exercise of freedom of expression that are grossly overbroad and inconsistent with the basic rule of law and human rights principles,” said Gil.
The lawyers of Tian Chua, Latheefa Koya and N. Surendran, have confirmed that they will be seeking a stay order on the basis that they will be appealing the sentence and conviction.
The ICJ has repeatedly expressed its concerns regarding the restrictive effect the 1948 Sedition Act has on freedom of expression in the country.
The law criminalizes speech and publications considered to have “seditious tendencies”, a term that is very ambiguously and vaguely defined.
Last year, the ICJ expressed alarm over amendments made by the Malaysian Parliament strengthening the law and broadening its scope, making the “promotion” of hatred between religions an offence.
Contact:
Emerlynne Gil, ICJ’s Senior International Legal Adviser for Southeast Asia, t: +66840923575 ; e: emerlynne.gil(a)icj.org
Sep 28, 2016 | Advocacy, Non-legal submissions
The ICJ today delivered an oral statement to the UN Human Rights Council, during the interactive dialogue with the Special Rapporteur on the situation of human rights in Cambodia.The ICJ welcomed the report of the Special Rapporteur on the situation of human rights in Cambodia, before continuing as follows:
The ICJ concurs with the Special Rapporteur’s observation that “democratic space has been reduced in Cambodia through the application of a range of laws … and the restriction of a range of legitimate activities of non-governmental and civil society organizations.”
Since 2014, Cambodia has adopted laws inconsistent with its international human rights obligations, including undermining the independence of the judiciary, and unduly restricting the work of civil society.
Human rights defenders increasingly face retaliation for their legitimate work, shrinking civil society space.
Last week, the ICJ observed the criminal trial of Ny Chakrya, Deputy Secretary-General of the National Election Committee and former Head of Human Rights Section and Legal Aid at a leading NGO, ADHOC. He was convicted of crimes, including criminal defamation, for raising allegations of human rights violations. Ny Chakrya and four staff-members of ADHOC, all of whom are in detention, also face another investigation with all the hallmarks of being politically motivated.
Indeed, numerous members of the political opposition and human rights defenders are in exile, face legal proceedings, or have been convicted, in cases that also appear to be politically motivated.
Further, the investigation into the July 2016 killing of leading human rights defender, Kem Ley, lacks transparency.
We very much welcome the spotlight the Special Rapporteur placed on such cases by naming them here today.
2016 marks 25 years since the Paris Peace Agreements under which Cambodia undertook to “ensure respect for and observance of human rights and fundamental freedoms in Cambodia.”
We urge Cambodia, the signatories to the Paris Peace Agreements, the Special Rapporteur on Cambodia, the Office of the High Commissioner for Human Rights, and the Human Rights Council, to work to ensure these Agreements are given full effect – particularly as Cambodia prepares for local and national elections scheduled for 2017 and 2018.
The statement may be downloaded in PDF format here: hrc33-srcambodia-2016
Sep 23, 2016 | Advocacy, Non-legal submissions
The ICJ, speaking at the UN Human Rights Council, highlighted concerns with criminalization of political gatherings, arbitrary detention, use of military for law enforcement, and trials of civilians before military courts, in Thailand.
The statement was made during discussion of the outcome of the Second Universal Periodic Review (UPR) of Thailand.
While congratulating Thailand on completion of the UPR, the ICJ oral statement continued as follows:
However, the ICJ is disappointed that several key recommendations concerning restrictions of civil and political rights in the country did not enjoy the support of Thailand.
The interim Constitution, put in place by the military government after the May 2014 coup, remains in force. Article 44 gives the government sweeping, unchecked powers inconsistent with the fundamental pillars of the rule of law and human rights.
The military government has issued numerous orders and announcements under the interim Constitution, including some that criminalize political gatherings, allow arbitrary detention for up to seven days without charge, and provide military officers broad powers of law enforcement.
At least 1,811 civilians have faced proceedings in military courts contrary to international law and standards, many merely for exercising their rights to free expression and peaceful assembly.
Thailand did not accept any of the recommendations to remove these restrictions on the rule of law and human rights.
While the ICJ welcomes the Order of 12 September 2016 ending the practice of prosecuting civilians in military courts for crimes committed after that date, approximately 500 civilian cases remain in military courts.
The ICJ is also concerned that in July the government charged three human rights defenders with criminal defamation for raising allegations of torture in the deep South.
The ICJ urges Thailand to accept and implement recommendations relevant to:
- revoking the interim Constitution and all NCPO orders and announcements that are contrary to the rule of law and respect for human rights;
- transferring all pending civilian cases to civilian courts and set aside the convictions of all civilians prosecuted in military courts since the 2014 coup; and
- ending all harassment of human rights defenders in Thailand.
The statement may be downloaded in English and in Thai in PDF here:
thailand-hrc33-upr-advocacy-non-legal submission-2016-eng
thailand-hrc33-upr-advocacy-non-legal-submission-2016-tha
Sep 20, 2016 | News
The ICJ expresses its disappointment with today’s verdict criminalizing the work of human rights defender, Andy Hall, and calls upon Thailand to decriminalize defamation and amend the Computer Crime Act in line with international standards protecting freedom of expression.
This morning, Thailand’s Southern Bangkok Criminal Court found Andy Hall guilty of defaming a Thai fruit processing company under Article 328 of the Thai Criminal Code and violation of Article 14(1) of the Computer Crime Act, and sentenced him to a fine of THB 200,000 (USD$ 5,700) reduced to THB 150,000 (USD $4,300); and four years imprisonment, reduced to three years and suspended for two years.
Andy Hall has said he will appeal the verdict.
“Human rights defenders such as Andy Hall have the right to exercise freedom of expression in advocating for the protection and realization of human rights – a right that Thailand has a duty to protect,” said Kingsley Abbott, Senior International Legal Adviser at the ICJ.
“Unfortunately, there are numerous examples of criminal defamation and the Computer Crime Act being used against human rights defenders in Thailand, a practice that must end, including through a substantial reform of these laws,” he added.
The ICJ and Lawyers Rights Watch Canada submitted a joint amicus curiae brief in the proceedings, arguing that the imposition of harsh penalties such as imprisonment or large fines on a human rights defender risk having a ‘chilling effect’ on the exercise of freedom of expression, which Thailand is bound to protect pursuant to its international legal obligations.
The ICJ anticipates the arguments contained in the joint amicus will be considered on appeal.
“It is also disappointing that the Court did not appear to take into account the recent decision of the Phuket Provincial Court in the Phuketwan case, which found that the Computer Crime Act was not intended to be used in cases of alleged defamation,” said Abbott.
On 1 September 2015, the Phuket Provincial Court acquitted two journalists of criminal defamation and violations of the Computer Crime Act after the Royal Thai Navy complained the journalists defamed it when, on 17 July 2013, the journalists reproduced a paragraph from a Pulitzer prize-winning Reuters article that alleged “Thai naval forces” were complicit in human trafficking.
The criminal defamation proceedings brought against Andy Hall are among several that have been brought against human rights defenders in Thailand in recent years.
Others examples include the charges laid against activists Pornpen Khongkachonkiet, Somchai Homloar and Anchana Heemina in July 2016 for raising allegations of torture in the deep South; and those brought against activists protesting various development projects in Thailand which are allegedly having an adverse impact on communities.
Background
Today’s case is one of four criminal and civil proceedings (two criminal and two civil) a Thai fruit processing company, Natural Fruit Company Ltd., has brought against Andy Hall in relation to the report of a Finnish NGO, Finnwatch, published in January 2013, called Cheap Has a High Price.
Andy Hall’s research was included in the report which alleged that labour rights violations were taking place at Natural Fruit Company Ltd., whose employees included migrant workers from Myanmar.
In September 2015, a Thai Appeal Court upheld the dismissal of the other criminal defamation proceeding Natural Fruit Company Ltd. brought against Andy Hall. That proceeding is currently before the Supreme Court. Two civil proceedings are also before the Thai courts but have been suspended pending resolution of the two criminal proceedings.
The use of criminal defamation laws, carrying penalties of imprisonment, against human rights defenders reporting on alleged human violations, constitutes a violation of Thailand’s obligations under the International Covenant on Civil and Political Rights (ICCPR), to which it is a state party.
thailand-verdict-andy-hall-case-news-press-release-2016-eng (full text in PDF)
thailand-verdict-andy-hall-case-news-press-release-2016-tha (full text in Thai, PDF)
Contact
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; e: sam.zarifi(a)icj.org
Kingsley Abbott, ICJ Senior International Legal Adviser, t: +66 9 4470 1345, e: kingsley.abbott(a)icj.org
Sep 18, 2016 | News
The ICJ held a workshop on Environmental Impact Assessment in Kyauk Phyu on 17-18 September 2016. Thirteen women and 30 men attended from Kyauk Phyu town, its surrounding villages and the regional capital Sittwe.
Kyauk Phyu is the proposed site for a megaproject to include a Special Economic Zone and deep seaport in Myanmar’s westernmost Rakhine State.
A Chinese company plans to develop the projects and the newly elected Myanmar Government is considering its future.
The EIA workshop included lawyers and civil society representatives as well as village administrators from each of the nine village administrative tracts in the proposed SEZ area.
An EIA is designed to avoid, minimize, eliminate and reduce harmful impacts of development projects.
It can require revising plans, making alternative arrangements and even cancelling project components.
Myanmar law now requires EIAs, including in SEZs, under the 2014 SEZ Law and 2015 EIA Procedure. Health, livelihood and social impact assessments are critical to this process.
Projects may only commence after the Environment Ministry approves an EIA.
Sean Bain, ICJ Legal Consultant for Myanmar, shared updates from research on SEZ legal frameworks and project plans.
The ICJ’s Legal Researcher, U Hayman Oo, facilitated discussions and linked these laws with local developments.
Participants were encouraged to document their land and livelihoods so they may have an evidence base to refer to in future.
Matthew Baird, an environmental lawyer supporting both the Environment Ministry and civil society groups, outlined each step involved in an EIA.
He emphasized the importance of public participation throughout the process – particularly in the early screening and scoping stages.
Early community engagement is critical to influence the focus and scope of the investigation, which would inform the draft EIA Report developed by an EIA consultancy firm.
Daw Khin Su Su Naing, from Coffey, explained the role of the consultancy firms hired by companies to conduct EIAs.
She described how social impacts are assessed, providing examples from elsewhere in Myanmar. Public participation was again emphasised as crucial.
U Mya Hlaing, from the Thilawa Social Development Group, shared community experiences from the development of Myanmar’s only active SEZ – located in Thilawa, across the river from Yangon. Villagers resettled by the project remain concerned about the standard of relocation sites and loss of livelihood opportunities.
Community organizing in Thilawa has been an important factor in improving public participation in EIA and resettlement processes.
Dr Daniel Aguirre, the ICJ’s International Legal Adviser, discussed international business and human rights frameworks, and the monitoring role of civil society.
From Earth Rights International, U Zaw Zaw explained how an Operational Grievance Mechanism can be a useful tool for creating a communication channel between affected people and companies.
An OGM cannot solve all problems, but can help to discuss issues and remedies as they arise.
Many participants have experienced impacts from irresponsible and at times illegal business activities.
Kyauk Phyu hosts oil and gas facilities that serve a pipeline, finished in 2013, linking the Bay of Bengal with western China. No public EIA was conducted, and locals say the pipeline project led to land loss, deteriorating livelihoods and environmental pollution.
Many are still owed compensation and some were imprisoned for protesting to demand remedies.
Workshop participants expressed concerns that these problems will be repeated.
U Mya Hlaing encouraged locals in Kyauk Phyu to review the legal procedures and understand government obligations: “I am just a poorly educated farmer, but I have carefully read the laws and it has helped our community to demand our rights.”
He encouraged participants to raise concerns with Myanmar’s new governance bodies for SEZ management.
This was the ICJ’s third event in Kyauk Phyu over two years, with further initiatives planned.
