Workers Rights in Malaysia

Human Rights First Condemns Trial of Malaysian Migrant Labor Activist

On April 25, 2003 Human Rights First sent a letter to Dr. Mahathir Mohamed, the Prime Minister of Malaysia, condemning the criminal charges brought against Irene Fernandez, director of a major women's rights and workers' rights NGO in Malaysia. The letter calls upon the Malaysian government to halt this politically motivated trial, which is still under way, seven years after Ms. Fernandez was first arrested. It urges the Prime Minister to restore protections for freedom of expression, especially for those working to improve Malaysia's record on human rights and labor rights.

The letter states in part:
"...The trial has had an extremely debilitating effect on the time, energy and resources of Ms. Fernandez and the human rights lawyers defending her. The effort entailed in attending court and preparing evidence and submissions has prevented Ms. Fernandez and Tenaganita staff from devoting time to the advocacy work they provide for migrant and other workers. Human Rights First calls on the Malaysia government to immediately discontinue these proceedings against Ms. Fernandez."

Read the full text of the letter

Irene Fernandez is director of Tenaganita, a women’s rights and labor rights advocacy group in Malaysia. In 1996, Ms. Fernandez was arrested for publishing a report entitled “Abuse, Torture and Dehumanized Treatment of Migrant Workers at Detention Camps”. She was charged under section 8A(1) of the Printing Presses and Publications Act 1984 for maliciously publishing false news in the report. If convicted, Ms. Fernandez faces up to three years imprisonment and a substantial fine. She has been defending the charge in a protracted trial which began on June 10, 1996 and is still underway. The trial quickly became the longest in Malaysian legal history.

This prosecution appears to be geared towards draining Tenaganita, Ms. Fernandez and the lawyers defending her of resources and energy, to prevent them from devoting time to their advocacy for workers and greater protection for human rights in Malaysia. By targeting Ms. Fernandez in this way, Malaysia is in violation of international standards protecting freedom of expression and the right to a fair trial without undue delay. This prosecution is indicative of a trend of disregard for basic human rights in Malaysia, which has a particularly debilitating effect on local advocates striving for minimum labor standards, human rights and democratic reform in the region.