Nov 9, 2020 | DFF, Statements
JAKARTA – Parliamentarians from across Southeast Asia today criticized the passage of a new bill by the Parliament of Singapore, which could be used to further curtail freedom of expression, association, and peaceful assembly in the country.
Echoing previously voiced concerns from Singaporean civil society, ASEAN Parliamentarians for Human Rights (APHR) called for the immediate revision of a series of concerning provisions in the Public Order and Safety (Special Powers) Bill, passed yesterday, warning that the bill mirrors worrying legislative moves around the region curbing civic space.
“This bill suppresses fundamental freedoms and threatens the safety and important work of activists and human rights defenders. Singapore already heavily restricts the rights to peaceful assembly and free speech. More broad restrictions in the name of national security are a recipe for abuse,” said Philippine Congressman Teddy Baguilat, an APHR Board Member.
The bill, which purportedly aims to better combat terrorist attacks, allows police to exercise a wide range of “special powers” in the case of so-called “serious incidents.” However, APHR noted that the definition of a “serious incident” in the bill is overly broad, and includes “sit-down demonstrations” that occupy publicly accessible spaces and “interfere with normal trade or business activities in the area.”
“This is a deeply worrying definition. It is preposterous that peaceful demonstrators would essentially be treated as terrorists and be subjected to unreasonable restrictions and punishments under the pretext of national security,” Baguilat said.
Parliamentarians also expressed concerns about a provision of the bill that grants new powers to police to block various forms of communication, including recording and sending photos and video, during so-called “serious incidents.” MPs said that such restrictions could impact the ability of individuals to undertake critical human rights documentation work.
“The documentation of human rights abuses is indispensable for ensuring accountability for violations, as well as preventing the repeat of abuses. If individuals are not allowed to record alleged violations as they happen, it would only encourage a culture of impunity,” Baguilat stressed.
Additional provisions allow police to use lethal weapons against non-violent protestors, providing an unacceptable opening for security forces to employ excessive and disproportionate force to disperse assemblies, APHR said.
MPs said the bill is one of an increasing number of new and revised laws around the region, which undercut fundamental freedoms and civic space.
“We are increasingly seeing the law and institutions weaponized against the promotion and protection of human rights in the ASEAN region. This year alone, we have seen governments in Myanmar, Cambodia, and Indonesia introduce amendments that seriously undermine the rule of law and democratic norms,” Baguilat said.
“Now Singapore is sadly following in their footsteps, where it should have been leading. A country, which prides itself on upholding the rule of law, should have worked to demonstrate that combatting threats to public security does not require sacrificing rights,” he added.
Nov 9, 2020 | DFF, Statements
JAKARTA – ASEAN Parliamentarians for Human Rights (APHR) today expressed concern over criminal charges filed against Philippine Congressman Carlos Isagani Zarate, an APHR member, for allegedly leading a protest on 13 November against the visit of US President Donald Trump to the Philippines. The collective of regional lawmakers urged authorities to drop the charges, calling them politically motivated.
Rep. Zarate, along with four others, was charged on 30 January with conducting a rally without a permit under Section 13(a) of the Public Assembly Act, and with direct assault with physical injury and resistance and disobedience to a person in authority under Articles 148 and 158 of the Revised Penal Code.
“Going after Rep. Zarate and his colleagues for this appears to be a politically motivated action and a violation of their rights to freely express themselves in a public manner,” said APHR Chair Charles Santiago, a member of the Malaysian Parliament.
“Requiring a permit to hold a demonstration is little more than a way for the authorities to deny the right to freedom of assembly. Furthermore, holding organizers accountable for violence at demonstrations without any proof that they were, in fact, inciting violence amounts to a serious threat to their fundamental rights,” Santiago said.
APHR also said that several elements of the case against Zarate raised red flags, especially in a context of increasingly frequent judicial harassment against members of the opposition in the Philippines.
“The fact that the case was filed months after the alleged incident took place contributes to further doubts about the validity of the charges. If Rep. Zarate and his colleagues were indeed responsible for inciting violence against the authorities, why wouldn’t these charges have been filed right after the incident?” Santiago asked.
The charges against Zarate come on the heels of judicial harassment against other opposition lawmakers in the Philippines in the past year, APHR noted. Most prominently, Senator Leila de Lima – a chief critic of President Rodrigo Duterte’s “war on drugs” – has been in pre-trial detention for nearly a year on politically motivated drug trafficking charges. Another senator and prominent administration critic, Risa Hontiveros, faced dubious wiretapping charges last October. These cases also reflect a wider regional pattern, with opposition leaders currently in prison in Cambodia and Malaysia.
“Amidst the wider context of opposition lawmakers targeted with trumped-up charges in the Philippines – and regionally – it is all the more important that we look carefully at the case against Rep. Zarate and ensure that the legal tools of the state are not weaponized against its critics,” Santiago added.
Nov 9, 2020 | BHR, DFF, Statements
JAKARTA — Southeast Asian lawmakers have called on Australian officials to press for improvements to the human rights situation in Laos when they meet with the Lao government for their fifth bilateral human rights dialogue tomorrow in Vientiane.
In a submission to the Australian government, ASEAN Parliamentarians for Human Rights (APHR) urged members of the delegation to raise critical concerns about restrictions on civil society and fundamental freedoms with their Lao hosts, and called for further inquiry into the case of Lao civil society leader Sombath Somphone, who disappeared after being stopped at a police checkpoint in Vientiane in December 2012.
“The human rights situation in Laos continues to be abysmal. Since Sombath’s disappearance, the space for independent civil society in the country – already one of the most repressive in the region – has narrowed considerably. Meanwhile, the public as a whole remains deeply fearful of raising sensitive issues,” said APHR Chairperson Charles Santiago, a member of the Malaysian Parliament, who has made multiple visits to Laos since 2012 to inquire about Sombath’s disappearance, as well as the broader situation for civil society.
“The Australian government has a chance with this dialogue to push for change, but officials need to be straight with their Lao counterparts about the harm their failure to protect rights has done and continues to do to their international image, as well as about the urgent need for tangible improvements, including an end to arbitrary detention, enforced disappearance, and draconian restrictions on basic rights.”
In their submission, parliamentarians highlighted restrictive decrees proposed in 2014 governing local and international organizations, as well as specific statutes limiting rights to freedom of expression, assembly, and association, such as Articles 65 and 72 of the Penal Law, which criminalize “anti-government propaganda” and restrict organizing and participating in public gatherings. MPs also noted the decision of ASEAN civil society groups in 2016 not to hold their annual regional gathering in Laos – then serving as ASEAN Chair – citing concerns for the safety of participants.
ASEAN MPs conducted fact-finding missions to Laos in January 2013 and September 2014 to look into the case of Sombath Somphone. During meetings with government officials, they pressed for answers and provided recommendations for how to strengthen the investigation, but concluded that the Lao government was doing little to pursue leads and had erected a “brick wall of silence” around the inquiry.
“The disappearance of such a prominent and respected member of the ASEAN community was a blow to civil society across the region, and the failure to quickly investigate the case damaged the Lao government’s credibility. It is disappointing to see how little the investigation has progressed since,” said Walden Bello, an APHR Board Member and former Philippine Congressman who joined a parliamentary delegation to Laos in 2013.
“We have still not given up hope that Sombath’s case will be resolved, but in order for that to happen, the international community – including Australia – must continue to press the Lao government for answers.”
Parliamentarians urged Australia and Laos to make public the content and focus of their discussions, including any commitments by Lao authorities to specific targets for improvement.
“We commend the Australian government’s commitment to engaging with Lao officials on human rights, and the dialogue itself represents an important first step. But it’s critical that the event be a substantive discussion of important issues and an opportunity to push for real improvements in the situation, rather than a shield for the Lao government to ignore its international obligations,” Bello added.
Click here to read the full submission.
Correction: The Lao Penal Law was amended in 2005, and article numbers were changed from their placement in the previous law from 1989. The articles relating to “anti-government propaganda” and public gatherings are currently Articles 65 and 72, respectively, not Articles 59 and 66. The linked submission reflects the original content submitted to the Australian government and therefore has not been updated to reflect this correction.
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 | 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.
