Nov 27, 2014 | News
The ICJ today strongly condemned the decision by Prime Minister Najib Razak to retain and even strengthen the country’s 1948 Sedition Act despite having made a commitment in 2012 to repeal the Act.
The ICJ has repeatedly expressed its concern that the Sedition Act has been used to stifle and criminalize the exercise of freedom of expression and to silence human rights defenders, lawyers, political activists, among others.
The ICJ considers the Act as it stands to be incompatible with international human rights standards and to be made still more repugnant by the politically loaded manner in which it is typically applied.
In early September, the ICJ denounced the use of sedition against two members of the legal profession, Dr. Azmi Sharom (photo) and N. Surendran for commenting on questions of law and public policy.
On 20 September 2014, Edmund Bon a prominent human rights and constitutional lawyer, was questioned by the police regarding comments made in a based on the decision of a Malaysian Federal Court.
On 30 September 2014, Dr. Abdul Aziz Bari, a law professor at the University of Selangor, was summoned for a police interview over comments made about the selection process of the new Chief Minister by the Sultan of Selangor.
Background:
The 1948 Sedition Act, originally enacted by the British colonial government and amended several times over the years, criminalizes speech and publications considered to have “seditious tendencies”.
The term “seditious tendencies” is ambiguously defined to mean any kind of speech or publication that causes “hatred or contempt, or excite disaffection” against any ruler or the government or promotes “ill will and hostility between the different races or classes”.
The law also considers “seditious” any speech or publication that questions the special privileges of the Malay people, as provided in the Constitution.
Furthermore, sedition is a strict liability offence in Malaysia, which means that the intention of a person allegedly making seditious statements is irrelevant.
For instance, a person making a statement may not have the intent to cause “hatred or contempt” towards the government, but may nonetheless be held liable for sedition if authorities believe that the person in fact incited such feelings.
The ICJ considers that the Act, by its very terms, contemplates restrictions on the exercise of freedom of expression that are grossly overbroad and inconsistent with basic rule of law and human rights principles.
Nov 23, 2014 | Events
In partnership with the Human Rights Commission of Pakistan (HRCP), the ICJ convened and participated in a one-day workshop on the Universal Periodic Review (UPR) mechanism of the UN Human Rights Council, held in Lahore on 22 November 2014.
The workshop was convened by the ICJ and HRCP as a follow up to, and in response to requests by participants at, training workshops held in Pakistan in February 2014. Now half way between Pakistan’s second and third periodic reviews under the UPR mechanism, the workshop brought together representatives from civil society from throughout Pakistan working on a wide range of human rights issues. It drew from the experience of national and international advocates and human rights lawyers and defenders to discuss:
- The importance of international human rights law at the national level;
- The UPR as a mechanism for human rights protection and how it fits within the broader framework of UN human rights mechanisms;
- Opportunities for NGO engagement in the UPR, especially in the development of a mid-term civil society evaluation report and in preparation for Pakistan’s third cycle UPR in 2017; and
- Weaknesses in Pakistan’s engagement with the UPR.
Oct 7, 2014 | Multimedia items, News, Video clips
Alejandra Ancheita, founder and Executive Director of ProDESC, is one of the pioneers in seeking accountability for transnational companies in Mexican courts when local communities’ rights are not taken into account.
Alejandra Ancheita has worked with migrants, workers, and indigenous communities for over 15 years to protect their land and labour rights vis a vis transnational mining and energy companies.
These disputes have included violent attacks on those she is trying to protect.
In Mexico, there is a clear pattern of attacks, threats, criminalization, and murders of human rights defenders.
Alejandra Ancheita and ProDESC have been subjected to surveillance, a defamation campaign in the national media, and a break in at their offices.
“This recognition calls attention to the increasing violence being suffered by human rights defenders in Mexico, particularly women defenders,” she said. “I hope that it will provide better conditions and increased security not just for me, but for all human rights defenders in my country.”
“The ICJ is extremely pleased by the decision to pay tribute to the work of Alejandra Ancheita, not only because of her outstanding commitment and courage as an individual, but also because of the recognition that this award will provide to the area of human rights work that she has been dedicating herself to for many years,” said Olivier van Bogaert, ICJ Director of Media and Communications, and ICJ Representative on the MEA Jury.
The ICJ which also developed a longstanding work on economic, social and cultural rights, and on business and human rights, will devote the 2014 edition of its Geneva Forum for judges and lawyers to the role of courts in protecting economic, social and cultural rights.
The two other finalists, Cao Shunli (China) and Adilur Rahman Khan (Bangladesh), received Martin Ennals Prizes.
Cao Shunli, who died in in detention in March 14th after being denied medical attention for known health conditions had vigorously advocated for access to information, freedom of speech, and freedom of assembly.
She disappeared in September 2013 shortly before boarding a flight order to participate in the Human Rights Council.
Chinese authorities only acknowledged her detention months later.
A special foundation is planned in her honor.
Since the 1990’s, Adilur Rahman Khan worked on a wide range of human rights issues, such as illegal detention, enforced disappearances, and extra-judicial killings.
Personally he is facing criminal prosecution for documenting the extrajudicial deaths of 61 people during demonstrations against the government.
His organization, Odhikar, is one of the few independent voices left in Bangladesh.
It is facing closure as donor funds destined for Odhikar are being blocked by the Prime Minister’s Office.
The “Nobel Prize of Human Rights”, the Martin Ennals Award for Human Rights Defenders (MEA) is a unique collaboration among ten of the world’s leading human rights organizations to give protection to human rights defenders worldwide.
Strongly supported by the City of Geneva, the award is given to Human Rights Defenders who have shown deep commitment and face great personal risk. Its aim is to provide protection through international recognition.
The Jury is composed of the following NGOs: ICJ, Amnesty International, Human Rights Watch, Human Rights First, Int’l Federation for Human Rights, World Organisation Against Torture, Front Line Defenders, EWDE Germany, International Service for Human Rights, and HURIDOCS.
Contact:
Michael Khambatta, Director Martin Ennals Foundation, t: +41 79 474 8208, e: khambatta(a)martinennalsaward.org
Olivier van Bogaert, ICJ Director of Media and Communications, and ICJ Representative on the MEA Jury, t: +41 22 979 38 08, e: olivier.vanbogaert(a)icj.org
Multimedia gallery:
Livestreaming of the Martin Annals Award 2014 Ceremony
Alejandra Acheita film:
Cao Shunli film:
Adilur Rahman Kahn film:
