AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

FACTS OF THE CASE:

Irene Fernandez of Malaysia is a women's rights activist, human rights campaigner, and the director of TENAGANITA, a group that conducts research on health conditions of migrant workers in Malaysia. She was arrested and charged with "false reporting" under the Malaysian Printing Presses and Publication Act. The charge refers to a report, issued by TENAGANITA, on health conditions and human rights violations in camps for detained migrant workers. Ms. Fernandez is currently released on bail. Her trial is scheduled for 23-26 July with further sessions to take place from 5-9 August. She faces up to 3 years in prison if she is found guilty under the current charges. Should she be imprisoned, Irene Fernandez must be considered a prisoner of conscience.

In 1993, TENAGANITA undertook research on the health and human rights conditions of migrant workers from Indonesia, the Philippines, and Bangladesh being detained in Malaysian camps for alleged illegal immigration. TENAGANITA's report was compiled on the basis of interviews conducted with over 300 migrant workers. It detailed a pattern of abuses in the camps, including deaths reportedly from malnutrition, beri-beri, and other treatable diseases as well as cases of ill-treatment and sexual abuse.

In September 1995, after the release of TENAGANITA's report, the Malaysian Ministry of Home Affairs announced that a visitors' panel would be appointed to study conditions in the camps. According to Amnesty International, the visitors' panel has only made one visit to a detention center so far and has not yet published any findings. However, the government has arrested and challenged Irene Fernandez under the Printing Presses and Publications Act for "maliciously publishing false news."

According to Human Rights Watch/Asia, the charge of "maliciously publishing false news" against a prominent NGO activist, engaged in legitimate research and reporting, undermines freedom of expression, a right guaranteed by the Malaysian Constitution as well as by international law. The Malaysia Printing Presses and Publications Act of 1984 includes a clause that reads: "Malice shall be presumed in default of evidence showing that, prior to publication, the accused took reasonable measures to verify the truth of the news." This clause violates the internationally recognized right to presumption of innocence, and at the same time leads to the violation of the right to freedom of expression.

Irene Fernandez is being tried solely because of her peaceful research and human rights activities. The charges against her have obstructed the work of TENAGANITA. It is feared that this trial will result in a declining willingness of Malaysian NGOs to work on behalf of marginalized groups.

The right to freedom of opinion and expression is included in the Universal Declaration of Human Rights (Article 19), which was adopted by the United Nations General Assembly without opposition in 1948. It is also guaranteed by the Malaysian Constitution. The Universal Declaration of Human Rights also provides for the right of anyone charged with a penal offense to be presumed innocent until proven guilty (Article 11).

[Sources of information on this case are Amnesty International,; Human Rights Watch; Women's Rights Programme/Asia Pacific Forum on Women, Law and Development]

RECOMMENDED ACTION:

Please send faxes, telegrams or airmail letters:

• expressing concern that the charges against Irene Fernandez may be solely the result of her peaceful activities in defense of human rights;
• requesting the immediate and unconditional withdrawal of these charges; and
• calling for a full and impartial investigation into the cause of all deaths in the detention camps and other allegations of ill-treatment and to make the findings public.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

Dato' Seri Dr Mahathir bin Mohamad
Prime Minister and Minister of Home Affairs
Prime Minister's Department
Jalan Dato' Onn
50502 Kuala Lumpur, MALAYSIA
Salutation: Dear Prime Minister

COPIES SENT TO:

Datuk Megat Junid Megat Ayub
Jalan Dato' Onn
50502 Kuala Lumpur, MALAYSIA
[Faxes: 011 603 230 1051]


Ambassador Dato Abdul Majid Mohamed
Embassy of Malaysia
2401 Massachusetts Ave. NW
Washington DC 20008

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