Press Statement People's Empowerment in Bangkok on Tuesday, 16th September 2008:
Use of ISA by Malaysian Government
violation of Malay Constitution, ASEAN Charter, and International Law
The arrest of two journalists and one
Member of Parliament over the past weekend under the Internal Security
Act (ISA) by Malaysian authorities, is in gross violation of the Malay
Constitution, ASEAN Charter and international human rights norms,
explained Chalida Tajaroensuk, Director of People’s Empowerment in a
statement released today.
“The ISA is intended to combat serious threats to public security, not
political intimidation” said Ms. Tajaroensuk, in light of the detention
of Raja Petra Kamar, Tan Hoon Cheng, and Teresa Kok. While Ms. Cheng has
subsequently been released, Mr. Kamar and Ms. Kok remain in detention,
deprived of access to family or legal representation.
All three were detained under Section 73(1) of the ISA based on
“reasonable cause to believe that they were acting in a manner
prejudicial to the security of Malaysia” reports stated. However,
government sources have failed to clarify what threat, if any, the three
posed.
Use of draconian measures under the ISA are permitted only under the
most grave threats to public security, and not for silencing legitimate
political activity and protected free speech, People’s
Empowerment explained. The reported publications by Mr. Kamar and Ms.
Cheng are clearly protected under Article 10 of the Malaysian
Constitution, establishing the right to free speech, while the reported
charges against Ms. Kok, a popular member of the Democratic Action
Party, have been publicly established as false.
As a member of the Association of Southeast Asian Nations (ASEAN), the
Malaysian government must uphold the principles of the ASEAN Charter,
which it fully ratified earlier this year. Political use of the ISA by
the Malaysian government is thus in clear breach of the principles of
good governance, rule of law, and democracy repeatedly stated throughout
the Charter.
In light of this grave breach, People’s Empowerment calls on the ASEAN
Secretariat to take immediate action in order to secure the release of
the remaining two detainees. Such violations of basic rights and norms,
no longer remain a matter of “internal affairs” but affect all ASEAN
member States.
“We can not remain indifferent to the persecution of civil society in
any ASEAN State,” said Ms. Tajaroensuk. “Civil society across the region
must take a stand to uphold rule of law and good governance in Southeast
Asia”, explaining People’s Empowerments call for solidarity and support
of the detained.
Organization Background
People’s Empowerment is a registered independent non-governmental
organization (NGO), established in 2006 to address the needs of people
networks in Thailand. People’s Empowerment acts as the executive
secretariat for a coalition of five varied community based organizations
(CBO) in Thailand, and maintains a close relationship with other partner
networks, both within Thailand and throughout Southeast Asia.
Our mission is to create sustainable mechanisms for individual
actors, civil society members, grassroots coalitions and popular
movements to work together as catalyst for positive social change.
How we work
To accomplish our mission, People’s
Empowerment engages in a two-pronged approach, developing people
networks` organizational capacity both internally and externally.
Internal development is achieved by provided training, consultation, and
professional skills tailored to meet the needs of our various
beneficiaries. Externally, we engage the innovative concept of
“People-to-People” (P2P) action. We believe that providing various
networks with the opportunity to directly engage with each other on
common agendas, share knowledge, and develop common strategies’, is
central to the successes and vitality of civil society in the Thailand.
What we do
People’s Empowerment works to promote
a wide range of human rights and human security issues throughout
Thailand and the region. We consult and support people networks and
international organizations, providing both horizontal links between
different organizations and vertical ties with public agents at the
national, regional, and international levels.
Our activities encompass a broad range of issues, representing a cross
section of Thai civil society. Examples include coordinating the Thai
consultation on the ASEAN Human Rights Body and guiding the 2008 Thai
National Process on ASEAN. People’s Empowerment utilizes the various
issues and forums to promote our main mission of creating sustainable
mechanisms for individuals & people networks to work together as
catalyst for positive social change in Thailand.
* People’s Empowerment, a non-governmental organization
(NGO) in Thailand