Nov 9, 2020 | DFF, Statements
JAKARTA — Parliamentarians from across Southeast Asia today joined the growing chorus of civil society groups and human rights advocates calling for the immediate and unconditional release of Maria Chin Abdullah, Chairperson of Bersih 2.0, a movement for clean government and free and fair elections in Malaysia.
MPs also called for the repeal of the Security Offences (Special Measures) Act 2012 (SOSMA), an anti-terror law which was invoked following Ms. Chin’s arrest on Friday.
“SOSMA is a security law designed to arrest terrorists. There is no justification for its use in this case and it is clearly being abused. Maria Chin Abdullah is not a terrorist; she is a human rights defender and a committed citizen promoting peaceful public activism. She must be immediately and unconditionally released,” said Charles Santiago, a member of the Malaysian Parliament and Chairperson of ASEAN Parliamentarians for Human Rights (APHR).
Maria Chin Abdullah was arrested the night of Friday, 18 November under Section 124C of the Penal Code, which outlaws “attempts to commit an activity detrimental to parliamentary democracy.” On Saturday authorities revealed that she was also being investigated under SOSMA, which allows for her detention without charge for up to 28 days.
Ms. Chin’s arrest came the day before thousands of Malaysians took to the streets in Kuala Lumpur to participate in Bersih 5, a demonstration calling for free and fair elections and an end to corruption in the country.
Parliamentarians expressed concern over the conditions of Ms. Chin’s detention. She has been held in a small cell with no windows, no reading material, no bed or pillow, and two light bulbs. She had also been denied access to a lawyer until Sunday, two days after her arrest.
“The actions against Ms. Chin undermine her fundamental rights, including the right to free expression and the right to legal counsel,” said Mu Sochua, APHR Vice Chair and member of the Cambodian National Assembly. “It is incumbent upon us, as a regional community, to stand in solidarity with the citizens of Malaysia who are simply exercising their rights.”
Parliamentarians urged the Malaysian government to reverse course and avoid trampling the rights to peaceful protest and public dissent.
“All Malaysian citizens must be ensured rights to free assembly and expression. These freedoms form the bedrock of a democratic society, and Malaysia’s leaders should not abandon them simply when they feel their power is threatened,” Mu Sochua said.
Nov 9, 2020 | DFF, Statements
JAKARTA — Parliamentarians from across Southeast Asia today welcomed the release of Malaysian human rights defender Maria Chin Abdullah, but cautioned that the persecution of government critics by Malaysian authorities continues and must be halted.
Members of ASEAN Parliamentarians for Human Rights (APHR) argued that Ms. Chin’s arrest and detention, among other developments, such as the recent arrest of well-known cartoonist Zunar, highlighted the need for action to address widening attacks on activists and political opponents and the increasingly hostile climate for civil society and opposition voices.
“We are delighted that authorities decided to free Maria. However, this is not the end of the matter. We demand justice for her arbitrary detention and maltreatment and a swift reversal of the government’s dangerous slide into authoritarianism,” said APHR Chairperson Charles Santiago, a member of the Malaysian Parliament.
“Maria’s detention under anti-terrorism legislation was both ludicrous and frightening. But hers is far from the only case of authorities detaining and harassing critics. The politicized use of the security forces and the courts to try to intimidate critics and stomp out dissent is appalling and must not be tolerated.”
Maria Chin Abdullah, Chairperson of Bersih 2.0, a movement for free elections and clean government in Malaysia, was released Monday, 28 November, after 11 days in detention under the Security Offenses (Special Measures) Act 2012 (SOSMA), a law intended for use in cases involving terrorism suspects. During her detention, she was held in solitary confinement in a small cell with no windows. Her release came the day before the ruling United Malays National Organisation (UMNO) begins its five-day annual General Assembly.
Notwithstanding her release, Malaysian authorities have continued to target civil society and others critical of the government. A few hours before her release, the office of Empower, a women’s rights organization co-founded by Ms. Chin, was raided by police invoking SOSMA, reportedly in relation to an investigation under Article 124C of the Penal Code.
Ms. Chin’s release also came just two days after famed cartoonist Zunar, also known as Zulkiflee Anwar Ulhaque, was arrested under the 1948 Sedition Law and Article 504 of the Penal Code on 26 November. He was released the following day but still faces nine separate charges. His arrest on Saturday was the latest in a pattern of judicial harassment against him as a result of his criticism of the ruling government, APHR said.
“The abuse of legal avenues to detain and harass Maria, Zunar, and other individuals represents a crude attempt to silence legitimate opposition voices,” Charles Santiago said. “The government should consider the dangerous consequences of co-opting arms of the state to go after political opponents. In doing so, it is undermining critical democratic institutions.”
As members of parliament from both opposition and ruling parties across Southeast Asia, APHR called on Malaysian Prime Minister Najib Razak to uphold his duty to protect the democratic system, including by ensuring space for pluralism and opening channels for dialogue with his detractors.
Nov 9, 2020 | FoRB, RM, Statements
JAKARTA — ASEAN Parliamentarians for Human Rights (APHR) today urged the Myanmar government to conduct a thorough and impartial investigation into reports of abuses by security forces against civilians in northern Rakhine State. The network of regional lawmakers also called on the Myanmar military to allow aid workers and independent journalists access to affected areas in order to provide humanitarian assistance and document developments.
“The reports coming out of Myanmar’s Rakhine State are alarming and demand a credible investigation. At the same time, all authorities must take urgent action to prevent further violations and fulfill their responsibility to protect the rights of all civilians,” said APHR Chairperson Charles Santiago, a member of the Malaysian Parliament.
“We remain deeply concerned, however, that as a result of the lack of government oversight of security forces, effective systems are not in place to protect civilians or support their chance of seeing justice served.”
Reports of extrajudicial killings, arbitrary arrests, sexual violence, and destruction of homes and property have emerged in the weeks since a coordinated attack on three border guard posts in Rakhine State killed nine police officers on 9 October. The subsequent alleged abuses by security forces have reportedly targeted Rohingya villages in Maungdaw Township, near the border with Bangladesh. Condemning all acts of violence, APHR stressed the importance of adherence to the rule of law.
“The loss of any life is a tragedy, and Myanmar authorities should certainly investigate and bring to justice the perpetrators of the attack on police posts. But that effort cannot come at the expense of the safety and well-being of innocent civilians. Security forces in Rakhine State must uphold the rule of law by ensuring that their operations are limited in scope and do not target civilian populations,” Santiago said.
At least 13,000 people, including members of both Rohingya and Rakhine communities, are estimated to have fled their homes as a result of operations by security forces in the aftermath of the 9 October attack. Severe restrictions on access to northern Rakhine State, where the majority of the country’s Rohingya population lives, have made it difficult for independent groups to verify information coming out of the area.
“Myanmar government officials have denied outright that rights violations are occurring. But the lack of access makes these claims impossible to verify and severely undermines their credibility. Allowing independent monitors and journalists to access the area would therefore be in the interest of Myanmar authorities, as well as the local population,” Santiago said.
The Myanmar government has reportedly extended invitations to select diplomats to visit areas in northern Rakhine State beginning today. APHR cautioned that this should not be seen as a substitute for a thorough investigation of alleged abuses, but expressed hope that the invitation might soon be followed by a widening of access for all groups, including journalists and aid workers.
Regional role
Parliamentarians urged regional partners, including ASEAN, to support the Myanmar government in its investigation of alleged abuses, where necessary, and to play a proactive role in resolving existing tensions in Rakhine State.
“Ongoing violence could force increasing numbers of Rohingya to leave Myanmar, and many could end up caught in a web of human trafficking and further abuse. ASEAN has a moral duty to act to prevent this,” Charles Santiago said.
“Just a few weeks ago State Counsellor Aung San Suu Kyi welcomed ASEAN as a productive partner in resolving the situation in Rakhine State. ASEAN should make clear that it is ready and willing to step into that role, recognizing that what is going on in Rakhine State has the potential to directly affect other member states, as we saw with the regional boat people crisis in 2015,” said Eva Kusuma Sundari, Vice Chair of APHR and a member of the Indonesian House of Representatives.
During the ASEAN Inter-Parliamentary Assembly (AIPA) meeting in Naypyitaw on 30 September, State Counsellor Aung San Suu Kyi discussed the situation in Rakhine State and called for regional support in resolving it, saying: “We are working to build understanding, harmony and trust between communities while standing firm against prejudice, intolerance, and extremism. In doing so, we ask for the constructive support of our regional neighbors.”
Despite the State Counsellor’s request, APHR noted that the recent developments highlight the problematic status of Myanmar’s security forces, who remain out of the direct control of the civilian administration as a result of the military-drafted 2008 constitution.
“The constitution grants the military complete autonomy and no civilian oversight,” Sundari said. “The current situation lays bare the profound problems with this arrangement and further emphasizes the need for constitutional reform and democratic accountability. The struggle for democracy and human rights in Myanmar is far from over. ASEAN must be ready to support Myanmar on the path toward genuine democracy.”
Click here to read this statement in Burmese.
Nov 9, 2020 | FoRB, RM, Statements
JAKARTA — Parliamentarians from across Southeast Asia today renewed their calls for a credible independent investigation into alleged rights violations in Myanmar’s Rakhine State following an escalation of violence in the northern part of the state over the weekend.
“In the past few days, we have heard reports of violence escalating and seen strong evidence of atrocities — reports of more killing of Rohingya civilians and images of burned out villages. Without access, these heartbreaking reports are impossible to verify, but the Myanmar military’s long history of human rights violations undermines its credibility as it continues to tell us that these abuses aren’t occurring,” said Charles Santiago, a member of the Malaysian Parliament and Chairperson of ASEAN Parliamentarians for Human Rights (APHR).
“If the Myanmar government is incapable of preventing further bloodshed or controlling its security forces, then it is the responsibility of the regional and international community to act. The United Nations, as well as ASEAN, should step in to lead an investigation.”
According to state media, violence escalated on Friday when Myanmar army troops were ambushed by “attackers” in Maungdaw Township and the military responded with an air assault from helicopters. The renewed violence comes more than a month after Myanmar security forces shut down access to northern Rakhine State following an attack on police checkpoints in the area by unknown assailants.
On Sunday, Human Rights Watch published new satellite imagery showing large-scale fire-related destruction of Rohingya villages. Unverified video footage of Rohingya casualties have also raised concerns. A “public information team” from the Myanmar military has denied the veracity of the evidence presented, but parliamentarians said this only further demonstrates the need for more access.
Parliamentarians also called on Myanmar State Counsellor Aung San Suu Kyi, who has been largely quiet during these events, to intervene.
“We understand the huge pressures and sensitivity surrounding the issues in Rakhine State and the institutional separation of powers between the military and civilian leadership, but we implore the Nobel laureate and her government to prioritize efforts to address this situation and its root causes before it’s too late,” Santiago said.
“ASEAN member states must remember that what happens in Rakhine State affects more than just Myanmar. This violence is not an ‘internal affair,’ but a situation with clear regional implications — implications which we have sadly seen played out before. In order for ASEAN to live up to the commitments made in its Declaration Against Trafficking in Persons, the region must take action to address root causes that can lead to people becoming trafficking victims, including state-sponsored persecution and violence.”
Click here to read this statement in Bahasa Indonesia.
Click here to read this statement in Burmese.
Nov 9, 2020 | DFF, Statements
JAKARTA — Parliamentarians from across Southeast Asia today called for the immediate and unconditional release of five human rights defenders (HRDs) currently detained and facing charges in Cambodia.
Joining with more than 50 national, regional, and international civil society organizations to launch a renewed push to secure their freedom, ASEAN Parliamentarians for Human Rights (APHR) condemned the ongoing imprisonment on trumped-up charges of a member of the National Election Commission (NEC) and four staff from the Cambodian Human Rights and Development Association (ADHOC), a prominent national NGO. MPs called for an end to their judicial harassment and for the international community to rally in support of the five HRDs, who have now spent over 100 days in pre-trial detention.
“We must be unequivocal in our support for their release. No one should be subjected to arbitrary arrest or imprisonment, and civil society members should never be put at risk for doing their job,” said APHR Chairperson Charles Santiago, a member of the Malaysian Parliament.
“The charges in this case are plainly politically motivated and have further undermined the already weak rule of law in Cambodia. Authorities must free the five HRDs if they hope to have any chance of salvaging their international credibility.”
The four ADHOC staff members — Ny Sokha, Yi Soksan, Nay Vanda, and Lim Mony — were arrested on 28 April, along with NEC Deputy Secretary-General Ny Chakrya, and charged four days later for allegedly bribing a witness in an ongoing case against Deputy Opposition Leader Kem Sokha. Their initial appeal for bail was denied on 13 June, and they face up to ten years in prison if convicted.
“Cambodian authorities are making a mockery of justice by pursuing the case against these individuals,” Santiago said. “The outrageousness of putting NGO workers on trial for providing legitimate legal assistance to a citizen in need has been exacerbated by the fact that the courts are clearly being used by the government to pursue a political agenda.”
The imprisonment of the five HRDs has come in the context of a political environment in Cambodia that has become increasingly hostile toward civil society. In the past year, Cambodia has seen a sharp rise in harassment, intimidation, and attacks against opposition and independent voices, along with a spike in the number of political prisoners detained. The 10 July killing of prominent political commentator Kem Ley, raised additional concerns about the safety of civil society actors.
“We have been witnessing an all-out assault on civil society in Cambodia,” said Eva Kusuma Sundari, a member of the Indonesian House of Representatives. “This must end. Authorities have a duty to ensure that civil society groups — including those critical of the government — have the space to operate free from persecution and intimidation.”
“To the five who remain in prison in violation of their fundamental rights: Know that we have not forgotten you and we stand with you in solidarity,” said Cambodian National Assembly member Mu Sochua.
“We will continue to call for your release and push forward toward a future for Cambodia where human rights are protected and the will of the people is respected.”
Photo above: ASEAN parliamentarians call for the release of Cambodian HRDs; from left: Mercy Barends (MP, Indonesia), Mu Sochua (MP, Cambodia), Teddy Baguilat (MP, Phillippines), Eva Kusuma Sundari (MP, Indonesia), and Kasthuri Patto (MP, Malaysia)
Click here to read this statement in Khmer.
Click here to read this statement in Bahasa Indonesia.
