Nov 9, 2020 | DFF, Statements
JAKARTA — Authorities in Myanmar should immediately release three journalists arrested last month in Shan State, drop all charges against them, and repeal or amend laws used to curb media freedom, ASEAN Parliamentarians for Human Rights (APHR) said today.
The collective of regional lawmakers made the call a day after a surprise court appearance for the journalists, at which their scheduled hearing date was postponed. The journalists are charged under the colonial-era Unlawful Associations Act. Southeast Asian parliamentarians said the continued use of this law, as well as other statutes such as Section 66(d) of the Telecommunications Law, to imprison media workers and others has raised concerns about the state of press freedom in the country and highlighted the urgent need for legislative reform.
“Myanmar authorities must immediately release and drop all charges against these dedicated journalists, who have been targeted on flimsy pretexts for simply doing their jobs,” said APHR Chairperson Charles Santiago, a member of the Malaysian Parliament.
“The clear abuse of existing statutes in this case demonstrates the need for quick action to repeal or amend all laws that have been used to arrest journalists and others for exercising their right to free expression. If the NLD government is serious about promoting the rule of law, it must ensure that laws on the books uphold justice and cannot be used to arbitrarily go after critics of the government or military.”
The three journalists – Lawi Weng of The Irrawaddy and Aye Nai and Pyae Phone Aung of Democratic Voice of Burma – were arrested on 26 June by the Myanmar military in northern Shan State while on their way back from covering a Ta’ang National Liberation Army (TNLA) drug burning event. The three were subsequently charged under Article 17(1) of the 1908 Unlawful Associations Act and could face up to three years in prison if convicted. The Act criminalizes assistance to and involvement with unlawful organizations, including ethnic armed groups – acts which MPs argued do not apply in this case. Their next court date, which was scheduled for 21 July, has now been postponed to 28 July.
“It’s the job of a journalist to speak to all sources. Covering developments in conflict areas is already dangerous work, and journalists shouldn’t have to add to their list of worries the possibility that the military might imprison them based on a century-old law that clearly wasn’t intended to apply to them and should have been repealed altogether long ago,” Santiago said.
The arrests come in a context of growing concerns about the state of freedom of the press and freedom of expression in Myanmar less than a year and a half after the National League for Democracy (NLD) came to power, following a landslide electoral victory in November 2015. Another statute, Section 66(d) of Myanmar’s 2013 Telecommunications Law, has been used to target dozens under NLD rule. At least 71 people have been charged for online defamation under the law since its passage, including over a dozen journalists, as well as many others for posts made on Facebook.
On 29 June, APHR joined with 60 other local and international human rights organizations to call for the repeal of Section 66(d). A week later, State Counsellor Aung San Suu Kyi said that her government was considering amending the statute. Proposed changes include allowing bail for those charged and removing the ability of third parties to file complaints, but the draft amendments put forward publicly fail to scrap Section 66(d) entirely. APHR reiterated its call for a full repeal, as well as an end to criminal defamation in Myanmar.
“This law is overly broad and wide open to abuse. We are glad to hear that the NLD government is considering amending it, and we urge them to pursue a full repeal of Section 66(d). Its continued use represents a clear attempt to stifle criticism of the government,” said APHR Vice Chair Eva Kusuma Sundari, a member of the House of Representatives of Indonesia.
MPs called for the Myanmar Parliament and NLD government to prioritize the repeal or revision of all laws violating fundamental freedoms and the creation of an enabling environment for media, arguing that Myanmar’s still-unfinished transition is threatened by the increasingly hostile climate for the press.
“We hope that Aung San Suu Kyi and the NLD will live up to the promises that got them elected: building an open, tolerant Myanmar that respects fundamental democratic freedoms. Freedom of the press is a core component of sustainable democracy, supporting the promotion of transparency, accountability, and the welfare of the people,” Sundari said.
“Media freedom benefits everyone, so journalists must be protected and able to do their work. If Myanmar is to succeed at building the kind of democratic society we still hope it can become, it must start by removing threats to a free press.”
Click here to read this statement in Burmese.
Nov 9, 2020 | DFF, Statements
JAKARTA – Parliamentarians from across Southeast Asia warned today that Thailand is moving in the wrong direction three years after the country’s military overthrew the last democratically elected government.
On the third anniversary of the 2014 coup, ASEAN Parliamentarians for Human Rights (APHR) reiterated concerns over arbitrary arrests, persecution of government critics, and restrictions on fundamental freedoms. The collective of regional lawmakers said that moves by the ruling junta have dealt lasting damage to Thailand’s long-term democratic prospects, and urged military leaders to return the country to elected, civilian rule as soon as possible.
“In the past year, this military regime has further strengthened its hold on institutions to the detriment of both democracy and the economic well-being of the country. Its actions since taking power appear aimed at systematically and permanently crippling any hope of democratic progress,” said APHR Chairperson Charles Santiago, a member of the Malaysian Parliament.
“To put it bluntly, Thailand is headed in the wrong direction. With the military firmly in the driver’s seat and a new constitution that guarantees it a central role in politics for years to come, Thailand appears further from a return to genuine democracy than at any point in recent memory. Meanwhile, investors are increasingly nervous about the control exerted by elites in managing the country. The damage incurred will have severe, long-lasting consequences that will not be easily undone.”
A new military-drafted constitution, officially promulgated on 6 April, contains anti-democratic clauses, including provisions for an unelected prime minister and a wholly appointed upper chamber of parliament. A version of the charter was approved by voters in a controversial August 2016 referendum, which APHR criticized at the time as “undemocratic.”
“With its new charter, the Thai junta has designed something akin to Myanmar’s ‘disciplined democracy,’ a flawed system where the generals still hold key levers of power and are able to pull the strings from behind the scenes,” said APHR Vice Chair Eva Kusuma Sundari, a member of the House of Representatives of Indonesia.
“This is a real concern for all those hoping that the Thai people will be able to enjoy democracy and prosperity in the future. In order for Thailand to truly return to democracy, the military needs to step aside, allow for genuine elections, and commit to remaining in the barracks, rather than meddling in politics.”
Since seizing power on 22 May 2014, the military-led National Council for Peace and Order (NCPO) has placed severe restrictions on political activities and arbitrarily arrested hundreds for speaking out against it. Journalists, human rights defenders, and former politicians have been among those subjected to arbitrary detention and mandatory “attitude adjustment” at military and police facilities.
“The situation for human rights in the country has deteriorated. In the past three years, we have witnessed steadily increasing repression and a clampdown on basic freedoms. These developments are especially concerning in the context of a broader erosion of democracy and rights protections across the ASEAN region,” said APHR Board Member Walden Bello, a former Congressman from the Philippines.
“After repeated delays to promised elections, it’s not clear that the generals who currently hold power have any intention of giving it up for real. There are also real concerns among the international community about the continued use of Article 44 and its implications for accountability and human rights,” he added.
Article 44 of Thailand’s interim constitution enables the NCPO chief, Prayuth Chan-ocha, to unilaterally make policy and override all other branches of government, and Prayuth has used this sweeping authority to restrict fundamental freedoms.
Political gatherings remain banned, a clear violation of the right to peaceful assembly. Meanwhile, political parties are prohibited from holding meetings or undertaking any political activity.
The country has also witnessed a dramatic increase in the number of individuals arrested and charged under Article 112, Thailand’s harsh lèse-majesté statute, which outlaws criticism of the monarchy. Over 100 people have been arrested on such charges since the NCPO took power.
Press freedom has also come under attack. A new media bill, approved by the National Reform Steering Assembly, was repeatedly criticized by journalists and press freedom advocates. Though the final version of the bill forwarded to the cabinet earlier this month eliminated controversial proposed licensing requirements for media workers, it still includes provisions for government officials to sit on a regulatory body tasked with monitoring and accrediting media. This provision would undermine media freedom and constitute undue government interference into the affairs of the press, parliamentarians argued.
“The military government must recognize that a free, independent press is critical to a functioning democracy. It must also do a better job listening to civil society, including by ensuring adequate consultation with relevant stakeholders on all legislation,” Eva Sundari said.
“As Thailand moves into its fourth year under military rule, it is now more urgent than ever that concrete steps be taken to right the ship. Junta leaders need to understand that their actions, which fly in the face of international human rights norms and democratic standards, are no way to achieve a peaceful, prosperous future for Thailand,” Charles Santiago said.
Nov 9, 2020 | FoRB, Opinion Articles, RM
By Charles Santiago
APHR Chairperson
MP, Malaysia
We all thought that’s the end of Myanmar’s charade. We believed the latest report by the United Nations will leave Myanmar with no space to maneuver or manipulate.
We are dead wrong.
Myanmar’s presidential spokesman, Zaw Htay, said the allegations of atrocities against the Rohingya are harsh.
According to Zaw Htay, there will be an immediate investigation by a commission led by Vice President U Myint Swe and necessary action will be taken if there is “clear evidence of abuse and violations.”
Aung San Suu Kyi has responded by saying the government would need more information.
This is outrageous.
The UN report is based on the testimonies of 220 out of 69,000 Rohingya who fled Myanmar into neighboring Bangladesh following an escalation of violence since October last year.
It says thousands of Rohingya children, women, and men have suffered gang rapes, killings, beatings, disappearances, and other acts of cruelty at the hands of Myanmar’s police and security forces.
Witnesses testified to “the killing of babies, toddlers, children, women and elderly; opening fire at people fleeing; burning of entire villages; massive detention; massive and systematic rape and sexual violence; deliberate destruction of food and sources of food.”
The investigators concluded that Myanmar may be guilty of crimes against humanity.
The mission head, Linnea Arvidsson, said that the testimonies are similar to ethnic cleansing.
Therefore, Myanmar cannot have the luxury of time to conduct another investigation as hundreds more could die while the military investigates itself.
Myanmar has not shown any remorse to the butchering of the minority Rohingya.
Neither does it have the political will to stop the killings.
It’s therefore imminent that Malaysian Prime Minister Najib Razak, who has been vocal in his condemnation of Myanmar, leads an ASEAN campaign to exert pressure on the rogue state to immediately stop the violence.
ASEAN governments must now strengthen their call for human rights accountability, an independent investigation, access to humanitarian aid, access to diplomats, the media, lawmakers, and other key stakeholders to visit Arakan and the rights of refugees.
ASEAN civil society must take up a more vocal role in voicing their concerns about crimes against humanity and push for protection mechanisms for the Rohingya to be put in place immediately.
As suggested by Arvidsson, the UN Human Rights Council must refer the senseless violence perpetrated against the minority community to the UN Security Council, which in turn has the power to recommend the issue to be taken up at the International Criminal Court.
It is also imperative that an arms embargo be imposed on Myanmar. Also, senior military officials involved in committing the atrocities should be immediately suspended and investigated for crimes against humanity.
This is the time for foreign governments, corporates, media, political leaders, interfaith groups, non-governmental organizations, civil society organizations, and ASEAN parliamentarians to come together to oppose the grave travesty of human rights against the Rohingya.
If we do not act now, thousands more will die as the Burmese military will continue to kill with impunity.
Nov 9, 2020 | DFF, Statements
BANGKOK, 20 March 2017 – The Cambodian political system is facing a crisis of legitimacy that threatens to undermine the country’s already fragile claims on democracy, parliamentarians from across Southeast Asia warned today, citing a surge in harassment, threats, and attacks against lawmakers and civil society.
In their latest report, Death Knell for Democracy: Attacks on Lawmakers and the Threat to Cambodia’s Institutions, ASEAN Parliamentarians for Human Rights (APHR) argue that the government’s efforts to undermine the political opposition in Cambodia through judicial harassment and other attacks against legislators are having a far-reaching impact and are undermining core institutions in the country.
“In the [ruling party’s] haste to ensure that the opposition remains unable to effectively challenge its rule in upcoming electoral contests, it has dispensed with adherence to proper procedures and relied heavily on a politicized judicial system, a pliant legislature, and violent mobs to carry out its goals – actions which threaten the system itself and make reform an ever more distant possibility,” APHR argues in the report.
“Death Knell for Democracy” documents the wave of persecution faced by Cambodian parliamentarians since the collapse of a détente between the ruling party and the opposition in mid-2015. The phenomenon has been characterized by politically motivated court cases, the abuse of parliamentary procedures, the passage of new restrictive legislation, and ongoing threats of violence and intimidation. Since mid-2014, at least 15 opposition lawmakers have faced judicial prosecution. Others have faced intimidation and physical attacks, including two MPs who were brutally beaten outside the National Assembly by pro-government protesters in October 2015.
As the report argues, “Addressing persecution and threats against lawmakers, including through revision and clarification of relevant statutes and efforts to ensure all actors adhere to the law, must therefore be a priority for all parties interested in stability, prosperity, and accountability in Cambodia.”
Presenting the report at a press conference in Bangkok, APHR members from several ASEAN nations argued that Cambodia risks the complete erosion of democratic institutions and possible political violence if regional and international actors fail to speak out and apply sufficient pressure on the government to cease its abuses.
“What’s happening in Cambodia is a warning for the whole region. It’s a case study in how a ruling party’s efforts to keep itself in power can undermine and destabilize an entire system,” said Charles Santiago, APHR Chairperson and a member of the Malaysian Parliament.
“We’re looking at the very real possibility of Cambodia becoming a one-party state and the serious threat of violence, especially as critical elections approach. If the international community, including ASEAN, fails to take a stronger position, they risk enabling Cambodia’s descent into a full-blown, brutal autocracy.”
APHR said that new amendments to the Law on Political Parties, combined with a sustained assault on lawmakers, civil society, and anyone perceived as too critical of the government, constitute a systematic effort to prevent Cambodians from speaking out and from challenging the ruling party. MPs said that these actions significantly undermine the prospect of free and fair elections at the commune and national levels in 2017 and 2018, respectively. They urged international actors to commit to observing commune-level elections coming up in June of this year.
“International election monitoring will be critical and needs to start now,” Santiago said. “The pervasive and deeply damaging climate of fear risks preventing an enabling environment for a truly free and fair vote.”
“Cambodia has a possibility of succeeding, but it is being jeopardized by the current trends and hostile climate in the country,” said Kraisak Choonhavan, an APHR Board Member and former Senator from Thailand. “Genuine dialogue will be critical to salvaging any hope for Cambodia’s fragile democratic institutions.”
On Sunday, APHR members concluded a two-day fact-finding mission to Phnom Penh, during which they met with a variety of stakeholders to discuss the human rights situation, including escalating persecution of opposition lawmakers, activists, and independent civil society. They presented the findings from that visit in Bangkok, releasing an end of mission statement highlighting key issues and concerns.
“Civil society is scared—and with good reason. Their fundamental freedoms and ability to conduct their legitimate, important work are under threat,” said Tom Villarin, a member of the Philippine House of Representatives, who joined the mission to Cambodia.
“Attacks on MPs send a clear and disturbing message not only to the political opposition, but to all members of society: If they can do this to sitting parliamentarians, think of what they could do to everyday Cambodians. And as we’ve seen, civil society is facing increasing attacks as well,” Villarin said.
APHR called for the immediate release of all human rights defenders currently imprisoned, including Boeung Kak Lake’s Tep Vanny and the five current and former ADHOC staffers, who have been in pre-trial detention for nearly a year. MPs also called on the Cambodian government to cease its harassment of civil society and opposition voices.
“Cambodia has reached an inflection point. It’s clear that the ruling party wants to remain in power, but its actions are having deeper, more destabilizing ramifications than ever before,” Villarin said. “Without drastic changes, we’re likely to see continued backsliding and an increasingly hostile and dangerous environment for all parties.”
Nov 9, 2020 | DFF, Opinion Articles
By Charles Santiago
APHR Chairperson
MP, Malaysia
Tens of thousands of Malaysians took to the streets on Saturday, demanding free and fair elections, reforms to the existing system of governance and urging Prime Minister Najib Razak to step down, following allegations of corruption linked to the 1Malaysia Development Berhad financial scandal.
The Bersih rally was a legitimate show of dissatisfaction against a government as the right to freedom of expression and assembly is enshrined in our Federal Constitution and forms the fundamentals of a functioning democracy.
As such, holding Bersih 2.0 chairperson Maria Chin Abdullah under the Security Offences (Special Measures) Act or SOSMA is ludicrous.
It’s clearly done in bad faith as Maria Chin poses no security threat and neither is she a terrorist.
SOSMA was initially introduced to combat terrorist threats in Malaysia, and the Umno-led government had assured that the act would not be used against political opponents or legitimate political activities.
But it has been widely used to suppress dissent and nab critics who condemn the 1MDB scandal and question Najib’s role, including the US$680 million that was in the premier’s private bank account.
Former Batu Kawan Umno vice-chief Khairuddin Abu Hassan, who was critical of Najib and the sovereign state fund’s huge debts, was prosecuted under the anti-terrorism law.
And so was his lawyer, Matthias Chang.
The latest victim is Maria Chin, who can be held in detention without trial for 28 days, for calling for a peaceful rally.
This is suppression of dissent by a prime minister who is terrified of losing power.
Najib is abusing his position and power to persecute Maria Chin rather than engage with and constructively respond to her viewpoint.
Or for that matter, the opinions of the scores of protesters who turned up at the streets despite threats and arrests of key Bersih and Opposition leaders plus student activists.
Maria Chin must therefore be released immediately, for she was only exercising her right as a citizen of this country.
Continuing to hold her under SOSMA will only take a further whack at Najib’s already tattered image.
This article originally appeared in Berita Daily.
