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M’sia NGO urges support for Clare Rewcastle-Brown after US$110K defamation ruling

Malaysian NGO ENGAGE has called on the public to show solidarity with British journalist Clare Rewcastle-Brown, who, along with two publishers faces a total payment of RM455,400 (approx. US$110,439) for defaming the Sultanah of Terengganu. ENGAGE condemned the ruling, stating it sends a chilling message to investigative journalists exposing corruption in Malaysia.

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MALAYSIA: ENGAGE, a Malaysian civil society group, has expressed profound disappointment over the Federal Court’s recent decision to uphold a RM300,000 (approximately US$72,771 ) defamation judgment against Clare Rewcastle-Brown, the investigative journalist known for her pivotal role in exposing the 1MDB scandal.

The court’s ruling, delivered on 10 September, held Rewcastle-Brown liable for defamation due to a mistaken identity error that had since been rectified, casting a shadow on the safety of investigative journalism in Malaysia.

In light of this ruling, ENGAGE emphasised the broader implications for journalists seeking to expose corruption.

“This decision sends a chilling message to investigative journalists who exposes corruption that they will not be protected in Malaysia,” the group stated.

As part of the ruling, Rewcastle-Brown and two local businesses—Gerakbudaya and Vinlee Press—are now responsible for a total payment of RM455,400 (US$110,439), which includes RM300,000 in damages and RM135,000 costs and other incidentals (taxes and interests).

ENGAGE also shared a video message from Rewcastle-Brown on its Facebook page.

In the video, Rewcastle-Brown reiterated her disappointment that despite correcting the error six years ago, the court ruled that she and the two publishers must pay damages to the Sultanah.

She expressed her gratitude to ENGAGE, the Centre for Independent Journalism, and numerous other groups that support freedom of expression for their efforts in raising funds to help cover these fines.

To date, approximately RM305,667 has been raised through donations in the UK and through ENGAGE’s Freedom Fund 2.0, leaving a shortfall of RM149,733, rounded up to RM150,000.

ENGAGE has issued a rallying cry to the Malaysian public to show solidarity with Rewcastle-Brown and the local businesses affected by this ruling.

The organization highlighted the significance of Rewcastle-Brown’s investigative work, particularly her book, The Sarawak Report: The Inside Story of the 1MDB Exposé, which detailed the massive corruption scheme involving former Prime Minister Najib Razak and fugitive financier Jho Low, ultimately leading to the latter’s downfall and incarceration.

ENGAGE plans to keep the public updated on the fundraising efforts through their Facebook page and encourages potential donors to verify the information via Clare’s blog.

In closing, ENGAGE thanked those who have previously contributed and encouraged further support to help maintain Malaysia’s independent publishers, vital to a free press and democracy.

They provided the following banking details for donations:

  • Name: Engage Citizen Network PLT
  • Bank: Maybank
  • Account: 5512 7609 7331
  • Remark: Clare

RSF condemns Malaysian court ruling against Rewcastle-Brown

On 17 September, Reporters Without Borders (RSF) condemned the Malaysian court ruling against Rewcastle-Brown and the two publishers, characterizing it as part of a broader effort to silence journalists reporting on corruption.

Fiona O’Brien, UK Bureau Director of RSF, commented: “This case should never have made it to court. The accusations of defamation are nonsensical. ”

“The underlying agenda appears to be to silence Rewcastle Brown and warn other Malaysian journalists away from reporting on corruption.”

In a separate criminal case, Rewcastle Brown was sentenced in absentia to two years in prison in February 2024. She continues to appeal the criminal charges but has faced significant challenges in defending herself.

The British government has not commented publicly on her case.

RSF also noted that Malaysia, once ranked 73rd in the World Press Freedom Index, has dropped to 107th in 2024, amid rising political instability and a pattern of defamation suits against journalists.

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Forum-Asia condemns execution of Myanmar pro-democracy activists and warns of further killings by junta

FORUM-ASIA and ASEAN Parliamentarians for Human Rights (APHR) condemned Myanmar’s military junta for executing activists Maung Kaung Htet and Chan Myae Thu. They urged ASEAN ministers and the international community to act swiftly to prevent further executions, warning of human rights violations and the ongoing repression of dissent.

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Maung Kaung Htet and his wife, Chan Myae Thu

Editor’s Note (updated 26/09/2024): In a previous version of this article, we reported allegations regarding two executions in Myanmar, based on statements from ASEAN Parliamentarians for Human Rights and Forum Asia. Recent reports from The Irrawaddy suggest that these allegations may be part of a disinformation campaign by the Myanmar junta. We urge our readers to approach this information with caution.


FORUM-ASIA and ASEAN Parliamentarians for Human Rights (APHR) have strongly condemned the Myanmar military junta for the execution of pro-democracy activists Maung Kaung Htet and his wife, Chan Myae Thu, on 23 September 2024.

The couple was executed at 4:00 AM Myanmar time for their alleged involvement in the October 2022 Insein Prison bombing in Yangon. These executions are part of an escalating crackdown on dissent under the military’s rule.

Mary Aileen Diez-Bacalso, Executive Director of FORUM-ASIA, criticized the use of the death penalty as a tactic to instill fear and silence opposition, noting that the executions were carried out without due process. She called for immediate international action to hold the junta accountable for its ongoing human rights abuses.

Echoing these concerns, APHR also condemned the executions, expressing deep condolences to the families of the victims.

Mercy Chriesty Barends, Chairperson of APHR and a member of Indonesia’s House of Representatives, urged ASEAN foreign ministers to take a stronger stance. “Break the silence now. ASEAN foreign ministers must speak up against the SAC execution policy,” Barends said. She highlighted that Chan Myae Thu was the first woman executed by the junta since its February 2021 coup, according to the Women’s Peace Network.

APHR Board Member and Philippine parliamentarian Arlene D. Brosas voiced grave concerns about the death penalty being used to suppress dissent in Myanmar.

“We are gravely concerned that the death penalty is being used to silence persons with dissenting views in Myanmar,” she said, pointing to the broader implications for human rights in the country.

Both FORUM-ASIA and APHR expressed alarm over the junta’s plans to execute five more political prisoners—Kaung Pyae Sone Oo, Kyaw Win Soe, San Min Aung, Zayyar Phyo, and Myat Phyo Pwint—on 24 September 2024.

These individuals were sentenced to death in May 2023 following a closed-door civilian trial at Yangon’s Insein Prison. The five were accused of involvement in a 2021 shooting on the Yangon Circular Railway that resulted in the deaths of four police officers. APHR reported that these prisoners were subjected to brutal torture and sexual violence and denied access to legal counsel during their detention.

APHR Co-Chairperson and former Malaysian parliamentarian Charles Santiago called for immediate action. “This must stop. ASEAN foreign ministers must denounce such an unjust act. They must be united to push the SAC to terminate their execution and release them from prison,” Santiago urged.

The planned executions come amid a broader wave of repression in Myanmar. Since resuming executions in 2022 after a 40-year moratorium, the military junta has increasingly used the death penalty as a tool to suppress dissent.

That year, four pro-democracy activists were executed following convictions on terrorism charges, with their trials condemned for their lack of transparency and due process.

According to APHR, the military junta plans to execute over 120 more detainees in the coming weeks, many of whom are activists and human rights defenders.

APHR reports that 15 of those facing imminent execution are women human rights defenders. The organization highlighted the arrest and detention of more than 27,000 people since the junta seized power in February 2021, alongside allegations of war crimes, crimes against humanity, and even genocide committed by the junta.

As Myanmar’s crisis deepens, both FORUM-ASIA and APHR have called for the international community, particularly ASEAN, to step up efforts to end the impunity under which the junta operates.

Barends and Santiago emphasized that merely condemning the junta’s actions is no longer enough. There is an urgent need for concrete international measures to hold Myanmar’s State Administration Council (SAC) accountable and prevent further atrocities.

The Myanmar military has faced mounting criticism for its widespread human rights violations since the February 2021 coup, which toppled the democratically elected government.

The junta has cracked down violently on protests, arresting thousands of political opponents, activists, and civilians in what rights groups describe as a campaign of terror aimed at stifling all forms of dissent.

FORUM-ASIA and APHR’s calls for intervention focus on preventing further executions and ensuring that the international community holds the junta responsible for its human rights abuses.

Both organizations have stressed the importance of united action by ASEAN and global powers to prevent the Myanmar crisis from escalating further.

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EU urged to designate Sarawak as ‘high risk‘ under anti-deforestation law

A coalition of environmental and Indigenous groups has called on the EU to designate Sarawak as high risk under its anti-deforestation law. Sarawak’s extensive deforestation and Indigenous rights violations pose serious risks, prompting calls for stricter EU import checks on timber and palm oil products from the region.

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Logging companies often illegally cut roads into forests on indigenous land (© Rettet den Regenwald / Mathias Rittgerott)

A coalition of environmental, human rights, and Indigenous organizations is urging the European Union (EU) to classify Malaysia’s Sarawak state as “high risk” under its new anti-deforestation regulation. Sarawak, home to millions of hectares of ancient rainforests, faces severe deforestation risks and violations of Indigenous peoples’ rights, according to a joint assessment by groups including Human Rights Watch, RimbaWatch, and SAVE Rivers.

The call to action comes ahead of the EU’s pending decision to categorize regions based on their deforestation risks under the new law.

The EU Deforestation-Free Products Regulation (EUDR), set to be enforced from January 2025, aims to curb the import of commodities like timber and palm oil linked to deforestation and human rights violations.

Sarawak’s history of deforestation, especially for timber and oil palm plantations, makes it a significant concern. A high-risk designation under the EUDR would lead to stricter import checks and increased due diligence requirements for EU companies dealing with products from Sarawak.

Land Rights Violations and Deforestation Concerns

The coalition’s analysis highlights Sarawak’s controversial land laws, which undermine Indigenous land rights while promoting commercial exploitation of the state’s forests.

According to Luciana Téllez Chávez, senior environment and human rights researcher at Human Rights Watch, Sarawak’s land code places “insurmountable obstacles” on Indigenous communities’ ability to gain legal recognition for their ancestral lands.

These laws allow companies to operate with impunity, often disregarding Indigenous land claims. The coalition argues that Sarawak’s record justifies a “high risk” classification, which would necessitate increased oversight of timber and palm oil imports into the EU.

Sarawak’s ambitious plans to expand industrial timber plantations, aiming to establish one million hectares by 2025, are another point of concern.

Achieving this goal would require converting over 400,000 hectares of naturally regenerating forests between 2022 and 2025. This trend poses a significant threat to biodiversity and the rights of Indigenous peoples.

Deficiencies in Certification and Transparency

Despite Sarawak’s reliance on the Malaysian Timber Certification Scheme (MTCS), civil society organizations have flagged significant flaws in the program.

Local activists argue that MTCS does not adequately protect Indigenous rights or prevent deforestation. Celine Lim, managing director of SAVE Rivers, emphasizes that logging continues on Indigenous lands without proper consultation or consent, further eroding trust in certification standards.

Additionally, Sarawak’s opaque land management practices hinder transparency. The state has not made available comprehensive data on Indigenous lands or disclosed the locations of leases granted to logging and palm oil companies.

This lack of transparency prevents Indigenous communities and civil society from holding companies and the government accountable.

EU’s Role in Enforcing Sustainable Practices

Under the EUDR, the European Commission will classify regions as “low, standard, or high risk” by the end of 2024.

A high-risk designation for Sarawak would mandate EU member states to triple their customs checks on imports of wood and palm oil products from the region.

EU-based companies would also need to conduct more rigorous checks to mitigate environmental and human rights violations linked to these products. This process would require close collaboration between the EU and Malaysian authorities to reduce risks and ensure compliance with the new regulation.

Sarawak’s timber and palm oil exports to the EU have been significant in recent years. According to a Sarawak government report, the state exported at least MYR 37.3 million (€7.8 million) worth of timber to EU countries like the Netherlands, France, and Greece in 2023.

The EU remains the third-largest market for Malaysian palm oil exports, underscoring the importance of Sarawak’s compliance with international sustainability standards.

Challenges in Malaysian Government Response

The Malaysian government has pushed back against the EUDR, criticizing its definitions and monitoring processes.

The government contends that industrial timber plantations, which involve replacing natural forests with single-species plantations, should not be classified as deforestation. Critics argue that this stance overlooks the environmental degradation and loss of biodiversity associated with such practices.

Adam Farhan, director of RimbaWatch, warns that Malaysia may be attempting to bypass EU restrictions by downplaying the scale of deforestation in timber plantations. Farhan stresses the need for stringent due diligence on Malaysian forest-risk commodities.

The federal government has mandated that palm oil plantations established after 31 December 2019, on deforested land, cannot receive sustainable certification under the Malaysian Sustainable Palm Oil (MSPO) standard.

However, enforcement remains uncertain, as states hold jurisdiction over land and forest administration. Civil society groups are urging the Malaysian government to strengthen its oversight mechanisms and improve its sustainability certification programs to meet EU requirements.

International and Local Advocacy for Reform

In May 2024, the coalition of civil society organizations submitted recommendations to Malaysia’s federal Plantation and Commodities Ministry, urging reforms to align with international human rights and environmental standards.

Key recommendations include incorporating the United Nations Declaration on the Rights of Indigenous Peoples into federal legislation and introducing laws to prevent strategic lawsuits against public participation (SLAPPs), which are often used to silence critics of deforestation practices. The government has not yet responded to these calls.

As the EU moves forward with its anti-deforestation law, the decision to designate Sarawak as high risk could have far-reaching implications for Malaysia’s timber and palm oil industries. Environmental groups argue that strong enforcement of the EUDR is necessary to prevent further forest loss and protect Indigenous communities’ rights in Sarawak.

 

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