11 Dec 15 | Asia and Pacific, Campaigns, Malaysia, mobile, Statements
Dear Attorney General Mohamed Apandi Ali,
We write to you as organisations that are deeply concerned by the decision of the Malaysian authorities to prosecute Lena Hendry for her involvement in the screening of the award-winning human rights documentary, “No Fire Zone: The Killing Fields of Sri Lanka,” in Kuala Lumpur on July 9, 2013. The charges against her violate Malaysia’s obligations to respect the rights to freedom of opinion and expression, notably to receive and impart information. We respectfully urge you to drop the charges against Hendry. Her trial in Magistrate Court 6 in Kuala Lumpur is slated to begin on December 14, 2015.
As you know, Hendry is being charged under section 6 of the Film Censorship Act 2002, which imposes a mandatory prior censorship or licensing scheme on all films before they can be screened at any event, except films sponsored by the federal government or any state government. If convicted, she faces up to three years in prison and a fine up to RM 30,000.
The prosecution appears intended to restrict the activities of Hendry and members of the KOMAS, the human rights education and promotion organisation with which she works, by hindering their efforts to provide information and share their perspectives on human rights issues.
International human rights law and standards, such as found in article 19 of the Universal Declaration of Human Rights, states that “everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers.”
Malaysia has committed to ensuring that all human rights defenders are able to carry out their activities without any hindrance or fear of reprisals from the government. In November, Malaysia voted in favor of a resolution on “Recognizing the role of human rights defenders and the need for their protection” in the 3rd Committee of the United Nations General Assembly. The resolution set out the urgent need for governments to protect human rights defenders worldwide. Article 1 of the UN Declaration on Human Rights Defenders, adopted unanimously by the UN General Assembly on December 9, 1998, states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels.” Article 12(2) provides that the government shall “take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of his or her rights.”
In addition to dropping the charges against Hendry, we also urge you, as attorney general, to seek to repeal provisions of the Film Censorship Act 2002 that allow unnecessary and arbitrary government interference in the showing of films in Malaysia. This policy denies Malaysians the opportunity to benefit from a range of viewpoints on issues of importance to Malaysian society and that affect Malaysia’s role in the world.
Sincerely,
Brad Adams
Director, Asia Division
Human Rights Watch
Gail Davidson
Executive Director
Lawyers’ Rights Watch Canada
Jodie Ginsberg
Chief Executive
Index on Censorship
Karim Lahidji
President
International Federation for Human Rights (FIDH)
Mary Lawlor
Director
Front Line Defenders
Edgardo Legaspi
Executive Director
Southeast Asian Press Alliance (SEAPA)
Marie Manson
Program Director for Human Rights Defenders at Risk
Civil Rights Defenders
Champa Patel
Interim Director, South East Asia and Pacific Regional Office
Amnesty International
Amy Smith
Executive Director
Fortify Rights
Oliver Spencer
Head of Asia
Article 19
Gerald Staberock
Secretary General
World Organization Against Torture (OMCT)
Sam Zarifi
Regional Director for Asia and the Pacific
International Commission of Jurists
Cc:
Ahmad Zahid Hamidi, Minister of Home Affairs
Joseph Y. Yun, Ambassador of the United States of America to Malaysia
Luc Vandebon, Ambassador of the European Union to Malaysia
Victoria Treadell, British High Commissioner to Malaysia
Christophe Penot, Ambassador of France to Malaysia
Holger Michael, Ambassador of Germany to Malaysia
Rod Smith, Australian High Commissioner to Malaysia
Judith St. George Canadian High Commissioner to Malaysia
Dr John Subritzky, New Zealand High Commissioner to Malaysia
Ibrahim Sahib, Sri Lanka High Commissioner to Malaysia
25 Nov 15 | Asia and Pacific, Malaysia, mobile, News and features
Zunar with his International Press Freedom Award
Malaysian cartoonist Zunar has won the International Press Freedom Award 2015 from the Committee to Protect Journalists (CPJ).
The political cartoonist, who uses his work to expose abuses of power and corruption in Malaysia, was presented the award yesterday evening at a gala dinner at The Waldorf Astoria, New York.
In his acceptance speech, Zunar dedicated the award to “the Malaysians who have equally pushed for reform”. He also took the opportunity to criticise the Malaysian government: “It is both my responsibility and my right as a citizen to expose corruption, wrong-doing and injustices. Laws like the Sedition Act mean that drawing cartoons is a crime.”
“The government of Malaysia is a cartoon government; a government of the cartoon, by the cartoon, for the cartoon — sorry Abraham Lincoln,” Zunar joked. “For asking people to laugh at the government, I was handcuffed, detained, thrown into the lock-up. But I kept laughing and encouraging people to laugh with me. Why? Because laughter is the best form of protest.”
Zunar currently faces 43 years in prison on nine separate charges of sedition for tweets he wrote criticising Malaysia’s judiciary over the incarceration of a Malaysian opposition leader. His court case was due to begin on 6 November. However, the cartoonist and his lawyers applied to have the case referred to the High Court, delaying proceedings. The application is set for a hearing on 8 December.
The threat of imprisonment obviously hasn’t deterred him from continuing with his work. “My mission is to fight through cartoons,” Zunar said. “Why pinch when you can punch? People need to know the truth and I will continue to fight through my cartoons. I want to give a clear message to the aggressors — they can ban my cartoons, they can ban my books, but they cannot ban my mind.”
Four of Zunar’s most celebrated cartoons are on display at London’s Cartoon Museum until January.
This article was posted on 25 November 2015 at indexoncensorship.org
06 Nov 15 | Asia and Pacific, Malaysia, News and features
The court case against Malaysian cartoonist Zunar on nine charges of sedition was due to begin today, carrying a maximum penalty of 43 years in prison. Instead, the artist and his lawyers filed applications to have their cases referred to the high court, mounting a constitutional challenge to the country’s Sedition Act and delaying the case against them.
The charges of sedition are in relation to a series of nine tweets the cartoonist wrote in February concerning the politically charged sodomy conviction against Malaysian opposition leader Datuk Seri Anwar Ibrahim.
Zunar’s lawyer, Eric Paulsen, who was also due to face charges of sedition this morning, says the Sessions Court, which was due to hear the case, does not have jurisdiction to do so. He has posed the following three points for consideration by the court:
1 Whether section 3(3) of the Sedition Act 1948 is unconstitutional as it states that the “intention” of the maker “shall be deemed to be irrelevant” when making the seditious statement;
2 Whether the Sedition Act unlawfully criminalises peaceful expression of free speech and is thus unconstitutional;
3 The recent Federal Court case in PP v Azmi Sharom misread the constitution and should be reconsidered. Under Article 10(2), “Parliament may by law impose” restrictions on fundamental rights. Therefore, as the Sedition Act pre-dates the Constitution, it cannot be read into Article 10(2) to restrict freedom of speech.
The Malaysian Federal Court dismissed a similar constitutional challenge against the Sedition Act by University of Malaya law lecturer Dr Azmi Sharom early last month. Zunar’s application is now fixed for a hearing on 8 December, and the decision will be made on 15 December.
In the meantime, there are no trial dates set for the sedition case against Zunar and his lawyers.
Zunar has just returned to Malaysia, after visiting the UK to raise awareness of his case and mount an exhibition of his work at London’s Cartoon Museum.
31 Oct 15 | Events, mobile
Cartoon by Zunar
Malaysian cartoonist Zunar, who is facing a trial for his work, is to have four of his most celebrated cartoons exhibited at London’s Cartoon Museum.
“This will be my very first exhibition held in a cartoon museum. At a time when I am facing pressure from the Malaysian government for my works this is genuine encouragement, a tribute I humbly acknowledge and am tremendously grateful for,” said Zunar, who is facing nine charges under the Sedition Act and potentially up to 43 years in prison.
Zunar’s work will be on display at the museum’s cartoon and caricature gallery from 4 Nov 2015, alongside a new exhibition Gillray’s Ghost, marking the 200th anniversary of the death of English caricaturist James Gillray who was also regarded as a provocative figure in his day.
“Zunar is part of a great political cartooning tradition which asks awkward questions of those in power in images which endure in people’s memory,” said Anita O’Brien, director of The Cartoon Museum. “No doubt Gillray would be sympathetic to his cause so it is appropriate that their works are on show at the same time.”
When: From Wednesday, 4 Nov 2015 to January 2016
(Hours: Mon – Sat: 10.30 – 17.30, (inc. Bank Holidays); Sun 12.00 – 17.30)
Where: The Cartoon Museum, 35 Little Russell Street, London WC1A 2HH (map)
Tickets: Admission information
