Dec 3, 2020 | DFF, Tools for MPs
September 2020
In a recent report, APHR documented threats and harassment against opposition MPs in Southeast Asia, notably the Philippines, Thailand and Malaysia, with reprisals coming in the form of judicial harassment, arbitrary stripping them of their MP status, surveillance and harassment, and campaigns of disinformation. This document explains the report’s key findings, and what measures MPs can take to help protect the human rights of their parliamentary colleagues.
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Nov 9, 2020 | DFF, Statements
Click here for a Thai translation of this statement
Click here for a Khmer translation of this statement
JAKARTA – On International Day of Democracy, Southeast Asian lawmakers called on governments in the region to end all forms of threats and harassment against opposition MPs, following the publication of a new report that documents such reprisals. ASEAN Parliamentarians for Human Rights (APHR) also called for solidarity among lawmakers from across the political spectrum.
“The targeting of opposition MPs merely for exercising their right to freedom of expression is a clear attempt to silence them and remove checks on the executive to attain unchecked power,” said Mu Sochua, an APHR Board Member and former Cambodian MP.
“Parliamentarians play a pivotal role in protecting human rights and democracy, and reprisals against them threaten the entire democratic process,” Mu added.
The research, Parliamentarians at Risk: Reprisals against opposition MPs in Southeast Asia, reveals that in the Philippines, Thailand, and Malaysia, authorities are using a range of tactics to harass and intimidate opposition MPs. These include filing politically-motivated cases, arbitrarily stripping MPs of their status, threatening or surveilling them, and organizing campaigns of disinformation. Female MPs also spoke of their experiences of sexual vilification, which posed an additional challenge for them to conduct their work.
APHR found that since 2018, at least 27 opposition MPs have had investigations or trumped-up criminal charges opened against them, many of which were initiated by the authorities or government allies. This includes cases against members of the now-defunct Future Forward Party (FWP) in Thailand, as well as politicians in the Philippines who have been critical of President Rodrigo Duterte’s atrocious human rights record, notably his war on drugs. In Malaysia, those targeted appear to be lawmakers who were ministers in the former Pakatan Harapan government, which was ousted through back-door maneuvering in March.
The weaponization of laws – a tactic known as “lawfare” – has also been used to remove opponents from parliament entirely. Through the dissolution of political parties, lawmakers were arbitrarily deprived of their parliamentary status. This was the case for 12 MPs from Thailand’s FWP, less than a year after its strong performance in the 2019 election, as well as for members of the Cambodia National Rescue Party (CNRP) in 2017.
Other tactics used against opposition MPs include online and offline intimidation, including threats, such as “red-tagging” in the Philippines, surveillance and government-backed disinformation campaigns, while female parliamentarians routinely faced misogynistic attacks aimed at both intimidating and discrediting them.
The pattern of intimidation faced by MPs were found to be similar to those used against human rights defenders, the media, and other pro-democracy activists, and form part of a broader attempt to silence all forms of dissent in those countries.
APHR calls for the governments of Thailand, Malaysia and the Philippines to urgently drop all politically-motivated investigations and charges, as well as all forms of threats and harassment against opposition MPs. Parliamentary speakers should also ensure that all lawmakers are able to speak freely and discharge their duties without retaliation.
“We call on our colleagues in the region to show solidarity with their fellow MPs,” said Mu. “Whether from the ruling or opposition coalitions, reprisals against MPs have an impact on the ability of all of us to effectively do our jobs and enjoy democratic freedoms. Parliamentarians throughout Southeast Asia must use their mandates to promote and protect the human rights of their colleagues.”
Nov 9, 2020 | DFF, Statements
We, the undersigned civil society organisations (CSOs) and individuals, are alarmed by actions taken by the Malaysian government following the release of a documentary on 3 July by Al Jazeera that reported on Malaysia’s treatment of undocumented migrants during the COVID-19 pandemic. Government ministers, heads of government agencies and the police have come out strongly against “Locked Up In Malaysia’s Lockdown“, with investigations being opened under Section 4(1) of the Sedition Act, Section 500 of the Penal Code and Section 233 of the Communications and Multimedia Act. Besides that, the Immigration Department has since threatened to revoke the passes of foreign nationals who make “inaccurate statements” and which are “aimed at damaging Malaysia’s image”.
It is deeply concerning that the immediate reaction by the authorities upon screening of the documentary was to initiate police investigation against Al Jazeera on their alleged unfavourable reporting, rather than adopting measures aimed at providing the public with an explanation or calling for an internal investigation into potential mismanagement of power or accountability. A credible action by the government when such news is released is to hold a press conference and provide a legitimate and reasonable counter or explanation in order to avoid being seen as benefiting from the whole government machinery for political ends.
We are seeing a spike in hate speech and threats of violence and harassment against foreign workers, exacerbated further after one interviewee in the Al Jazeera documentary was outed on social media for comments he made in the documentary. His personal information, such as his purported phone number and Facebook account, has gone viral online, with a litany of hate comments and derogatory language directed at him. To make matters worse, the Immigration Department yesterday released the individual’s name, passport number and last known address. We fear that this could turn into a witch hunt and place not just this individual but other migrant workers in fear of their security and possible harm.
The government should not be complicit in human rights abuses against migrant workers, such as doxxing and threats, by promoting hatred or discrimination in their messaging. We worry that statements by Malaysian officials in recent days could further heighten tensions and incite violence and discrimination against migrants, specifically undocumented workers in the country, besides completely undermining the need for critical media reporting and exercise of freedom of expression.
We stand in solidarity with Al Jazeera and strongly condemn efforts by the State to intimidate and threaten media freedom and independence in Malaysia, instances of which have been systematic and heightened since the change of government this year and includes investigations and charges using various laws levied against journalist Tashny Sukumaran, former radio deejay Patrick Teoh and CodeBlue Editor-In-Chief Boo Su-Lyn, among others. We remind the State and its leaders that media freedom and freedom of expression and speech underpins the fundamental right to seek and exchange ideas, opinions and information that would enable the public to form their own opinions and allow for dissenting or alternative positions, specifically on issues of public interest. This would, ultimately, aid in the promotion of good governance and in holding the State and its officials to higher account, which is, no doubt, what is expected of a democratic State.
We call on the Perikatan Nasional government to end and refrain from the continued use of intimidating measures to threaten and punish the media and silence critical voices. To this end, we urge the government to:
- Drop all investigations against Al Jazeera and their sources or interviewees;
- Initiate an independent inquiry into possible mismanagement or abuse of power by State apparatus and officials in the handling of the raids targeted at migrant workers;
- Stop all forms of intimidation and threats against foreigners, specifically migrant workers, from exercising their rights and voicing out their opinions;
- Prevent incitement to discrimination, hostility or violence against migrant workers and other foreigners through government rhetorics or messaging;
- Ensure doxxing, threats and other human rights abuses, both online and offline, against migrants, including undocumented migrant workers, are investigated and perpetrators held accountable, and;
- Move ahead with the establishment of the Malaysian Media Council as a transparent and independent self-regulatory body for the industry, and to avoid the government from becoming the sole arbiter of truth and deciding what information is true and what is not.
It is more paramount for the current regime to create an enabling environment that would support free media and focus on sustaining the credibility of the State in the eyes of the public; rather than reinforce the increasing measures to silence dissent or opinions that places the ruling regime in an unfavourable light.
8 July 2020
Issued by the Centre for Independent Journalism (CIJ) Malaysia
Endorsed by the following CSOs:
1. Agora Society
2. Aliran
3. Amnesty International Malaysia
4. ASEAN Parliamentarians for Human Rights
5. Beyond Borders Malaysia
6. EMPOWER Malaysia7. Freedom Film Network (FFN)
8. Gerakan Media Merdeka (Geramm)
9. Gerakan Pembebasan Akademik (GPA)
10. Justice for Sisters
11. KRYSS Network
12. Kuala Lumpur and Selangor Chinese Assembly Hall (KLSCAH) Youth Section
13. LCw Productions & Newsgroups
14. Malaysian Action for Justice and Unity (MAJU) Foundation15. North-South Initiative (NSI)16. ODRI Intersectional rights17. Our Journey18. Parti Sosialis Malaysia (PSM)
19. Persatuan Penduduk Galing Besar Kuantan
20. Persatuan Sahabat Wanita Selangor (PSWS)
21. Pertubuhan Solidariti Hijau Kuantan
22. PLUHO, People Like Us Hang Out
23. Projek Wawasan Rakyat (POWR)24. Ruang Kongsi25. Saya Anak Bangsa Malaysia (SABM)
26. Sisters in Islam (SIS)
27. Society for the Promotion of Human Rights (PROHAM)
28. Student Unity Front UKM29. Suara Rakyat Malaysia (SUARAM)30. Success Capital Organisation
31. Tenaganita32. The Coalition for Clean and Fair Elections (Bersih 2.0)33. To Earth With Love34. UTM-MJIIT Voices35. Women Against Rape, Antigua and Barbuda
Endorsed by the following individuals:
1. Alda M. Facio2. Andi Suraidah Bandy
3. Andrew Khoo
4. Carlson Chew
5. Dian Abdullah
6. Dumiso Gatsha
7. Joseph Hamzah Anwar
8. Gan Yu Lin
9. Ho Yock Lin10. Low Chia Ming11. Marisa Paredes
12. Nathaniel Tan
13. S. Arutchelvan
14. Siah Kwong Liang
15. Tan Cheng Siong
16. William Nicholas Gomes
17. Yu Ren Chung
Nov 9, 2020 | DFF, Statements
JAKARTA – 5 March 2020: Southeast Asian lawmakers today expressed concern as more than 20 activists and dissidents in Malaysia faced intimidation and potential charges for exercising their rights to freedom of expression and peaceful assembly just days after a new Prime Minister was sworn in. ASEAN Parliamentarians for Human Rights (APHR) called for authorities to immediately drop investigations against these individuals.
In the past week, a series of protests have been held in Malaysia’s capital, Kuala Lumpur, against the formation of a back-door government, which culminated in a new Prime Minister, Muhyiddin Yassin, being sworn in on March 1. The soon-to-be-appointed government will replace the Pakatan Harapan (PH) coalition, which was voted into power in the 2018 general election, ousting the Barisan Nasional, which had been beset by corruption scandals. PH leader Mahathir Mohamad stood down as Prime Minister last week as a result of political infighting.
“Recent days have brought worrying developments for those who value the democratic process in Malaysia, and now we are seeing what looks to be a return to the tactics used by the regime that the people voted out of power,” said Teddy Baguilat, a former member of the House of Representatives of the Philippines, and APHR Board Member. “We had hoped that the intimidation of people voicing dissent at those in power was something that Malaysia had relegated to its past.”
“On top of ignoring the will of the people by installing a government that wasn’t democratically elected, now authorities are shutting down critical voices by intimidating those who have peacefully protested. They are showing a total disregard for the people’s voices,” said Baguilat.
Those facing potential charges for their roles in the protests include activist Fadiah Nadwa Fikri, who is being investigated by the police under Section 4(1)(a) of the Sedition Act, and Section 233(1)(a) of the Communications and Multimedia Act, for urging the public to join a pro-democracy gathering in Kuala Lumpur on 29 February. Fadiah and four other activists have also been questioned by the police, reportedly under Section 9(5) of the Peaceful Assembly Act, for their involvement in a separate protest about the current political situation, in the capital on 25 February.
A further 15 individuals, including a state assemblyman, have reportedly been questioned by the police for their involvement in a peaceful pro-democracy gathering on 1 March, the day the new Prime Minister was sworn in.
According to media reports, the police have also opened new investigations under Section 4(1)(a) of the Sedition Act and Section 233 of the Communications and Multimedia Act aimed at those who allegedly insulted the King on social media.
In the 2018 election, Malaysia voted for a Pakatan Harapan coalition based on a manifesto that promised institutional reforms, as well as the repeal of repressive laws, such as those currently being used against democracy activists. Many rights organisations have since said they will reject the formation of any back-door government.
“Efforts to form a new back-door government are showing outright disregard for the election outcome and the desires of the people,” said Aderito Hugo da Costa, a Member of Parliament in Timor-Leste and APHR member.
“In a region where democracy is in decline, Malaysia stood out as a bright spot where its people could use elections to raise their voice and choose their leaders. If Malaysia’s leaders are serious about respecting the will and aspirations of the public, any change of government should be achieved through the organisation of fresh elections. Anything less will betray the trust Malaysian people have put in the democratic process,” Aderito said.
Nov 9, 2020 | DFF, FoRB, Statements
A PDF version of this statement is available here.
KUALA LUMPUR – Lawmakers from the Parliament of Malaysia pledged to use their mandate to tackle hate speech and strengthen respect for the right to freedom of expression.
“Today, hate speech has not only become a serious threat to freedom of opinion and expression, but has also led to devastating acts of gross human rights violations and crimes against humanity.”
“As parliamentarians we have a unique role to play in combating hate speech and disinformation. We can use our influence and public stature to promote mutual respect and understanding towards others,” said Kasthuri Patto, APHR Member and Malaysian MP, a victim of hate speech herself.
On 5 July 2019, together with the Rights and Gender Equality Special Select Committee of the Malaysian Parliament, the Human Rights Commission of Malaysia (SUHAKAM) and the International Center for Not-for profit Law (ICNL), ASEAN Parliamentarians for Human Rights (APHR) hosted a roundtable on “Freedom of Expression, Hate Speech and Internet Regulation in Malaysia” at the Malaysian Parliament in Kuala Lumpur.
The event provided an opportunity for Members of Parliament (MPs) and key stakeholders from civil society to assess the progress of the government’s reform agenda and identify steps forward to further promote the right to freedom of expression along with addressing challenges caused by hate speech.
One year since the Pakatan Harapan government came to power, parliamentarians are concerned that repressive laws used to criminalize critical voices remain on the books.
“Lawmakers must work closely with key government departments to update our laws to enhance freedom of expression. We need to ensure that Malaysian laws on freedom of expression, hate speech, and media freedom comply with international standards,” said Charles Santiago, APHR Board Chair and Malaysian Parliamentarian.
Among the laws that were identified by the MPs as placing undue restrictions on the right to freedom of expression that should be repealed or amended were the 1948 Sedition Act, the 1998 Communications and Multimedia Act, and the 1984 Printing Presses and Publications Act.
Participants also discussed the need for greater transparency in the legislative process. This included the need to institutionalize a more structured engagement between government agencies, parliament and civil society.
“In the past, engagement between parliamentarians and civil society was done on an ad hoc basis. We must do better in our new Malaysia. There needs to be a formal framework for regular and meaningful engagement with civil society organizations and the general public. This is key in a functioning democracy and to ensure transparency,” said Jerald Joseph, Commissioner of SUHAKAM, urging the MPs to engage with SUHAKAM and civil society organizations for advice on the discussed laws.
