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Joint Media Statement

Keep Irene free, defend the defenders


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irenefernandez (5K)
Shock, outrage and disappointment at Irene's conviction and jail term
Dr. Irene Fernandez, the Director of Tenaganita, a women�s non-governmental organization (NGO), was found guilty of �maliciously publishing false news�, and sentenced to 12 months imprisonment on October 16 2003. She is out on bail, pending the outcome of her appeal at the High Court

The jail sentence on Irene Fernandez, a defender of human rights, for highlighting the deplorable conditions and treatment of migrant workers in detention camps through a memorandum, has shocked, outraged and disappointed us. A jail sentence for a memorandum is unprecedented.

In 1996, Irene Fernandez was charged under Section 8A(2) of the Printing Presses and Publications Act (1984). The charges against Irene Fernandez were brought following Tenaganita�s release of a Memorandum entitled, �Abuse, Torture and Dehumanized Treatment of Migrant Workers at Detention Camps�. The memorandum was submitted to various Ministries and relevant agencies, including the Chief of the Police Force. A press conference was held to highlight the findings.

The memorandum was compiled from:

  • over 300 interviews of migrant workers, after their release from detention camps in Malaysia in 1994 & 1995.
  • the Sun journalists� investigations into conditions at the Semenyih Camp.
The interviews were carried out to gather primary data for Tenaganita�s research on HIV/AIDS and Mobility.

A memorandum is a tool of advocacy, universally used by organizations to highlight to government findings of research and to make recommendations for policy changes. The Tenaganita Memorandum called on the government to set up a Royal Commission of Inquiry to investigate the issues and concerns raised in the memorandum.

The trial conviction demonstrates that there is no protection for human rights defenders to articulate concerns over human rights violations. Such a trend not only curtails constructive criticism but has serious implications for all organizations involved in promotion and protection of rights of people and for research.

We appreciate the Prime Minister�s recent call on the need for truth and the direction the Prime Minister has set for the nation. However, this call will be meaningless when activists are prosecuted and criminalized and when freedom of expression is curtailed.

This trend taken by the state is being further strengthened where now, Irene as a human rights defender is stopped from traveling overseas. The passport application to attend crucial meetings overseas was rejected by the Magistrate�s court with vehement objection from the Attorney General�s office. This rejection has now denied Irene the opportunity to enhance human rights promotion internationally. The continued curtailment of travel will only further erode confidence of people nationally and globally on the government and institutions that should ensure justice and rights are upheld.

In order to ensure the commitment made by the Prime Minister, we the endorsed NGO�s call on the government to respect freedom of expression and hear out organizations working with communities when they raise issues of concern and violations of rights. It is only when an enabling environment is created that organizations and activists can bring the truth to light.

We urge the government:
  1. To investigate the allegations of abuse and torture in detention camps, rather than use laws to silence criticism.
  2. Ensure Irene is free from imprisonment.
  3. Release her passport so that she can travel to continue to fulfill her role and responsibilities as an internationally recognized human rights defender.
  4. Protect human rights defenders so that good governance and transparency can be achieved within a democracy that respects freedom of expression.
  5. Invite the UN Special Representative on Human Rights Defenders to Malaysia for further dialogue as an important gesture to her request and to ensure protection for defenders of human rights.

The above joint statement was endorsed by 91 Malaysian civil society groups including Aliran
18 November 2003