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WE, the undersigned, stand in solidarity with Heidy Quah, the co-founder of Refuge for The Refugees. Quah was charged this morning under Section 233 (1)(a) of the Communications and Multimedia Act (CMA) for a June 2020 Facebook post in which she describes conditions in one of Malaysia’s immigration detention centres.
In this Facebook post, Quah shared the experience of a woman who was detained at an immigration detention centre in 2018 with her newborn baby. Her writing also exposed allegedly horrific conditions in the immigration detention centres, including abuse, and unsafe and unhygienic conditions for women and children. Her Facebook post echoed similar concerns over immigration detention centres by Suhakam and human rights organisations over many years. Despite this, Quah received a barrage of hate comments and harassment, including threats to her safety.
A credible and accountable action by the government would have been to initiate an independent investigation on potential mismanagement, ill-treatment or abuse of power within and in relation to immigration detention centres. Instead, the authorities have chosen to pursue those who expose these wrongdoings or violations. On 7 July 2020, Quah was summoned to the Putrajaya district police headquarters for investigation and her phone was confiscated.
Laws such as Section 233 of the Communications and Multimedia Act 1998 (CMA) must be repealed. They violate the right to freedom of expression guaranteed under the federal constitution and which is also a fundamental human right. The broad and vague wording of Section 233 opens room for abuse: it has been repeatedly and selectively enforced, often to silence criticism against the government.
In the past year, we have seen artists, activists and other human rights defenders harassed, persecuted and prosecuted for asking questions of public interest, be it torture and deaths in custody, corruption or the treatment of migrants and refugees.
Charging Quah for a Facebook post a year after it was first shared also raises questions about the government’s intentions and motivations against an activist whose organisation has been actively providing life-saving food and basic aid to communities that have little support to depend on.
The information in Quah’s Facebook post is validated in Suhakam’s annual reports. In 2018, Suhakam described conditions at immigration detention centres as “cramped, unsanitary, poorly maintained, and lacking in basic facilities such as clean water and food.” During visits to immigration depots in 2018, Suhakam raised a myriad of concerns, including poor hygiene and sanitary conditions, poor access to medical treatment, inappropriate and unsafe conditions for new mothers and their babies, and a lack of or insufficient provision of sanitary pads to women.
Suhakam has continued to consistently document extremely poor conditions at immigration detention centres; these conditions continue to pose serious risks to the physical health andwell-being of women, men and children, especially during the Covid-19 pandemic. Instead of addressing these through meaningful reforms, the government has chosen to silence those who raise concerns about the conditions at immigration detention centres.
The alleged mistreatment and abuse of power in immigration detention centres, as documented in various reports, is inhumane and against international norms and standards. Allegations of mistreatment, abuse and harm within immigration detention centres have been documented in various reports over decades. Yet, the government has chosen repeatedly to punish whistle-blowers, instead of working with urgency to comply with fundamental human rights standards and norms.
We seek to remind the government that it has a duty to protect the basic human rights of all people within Malaysia, including the right to free expression, and the right to be free from violence – a foundational obligation at all times, but especially now as it is vying for a seat on the UN Human Rights Council.
In this regard, we demand that the government:
1. Drop all charges against Heidy Quah for exercising her constitutional right to freedom of expression.
2. Initiate an independent and transparent inquiry into possible mismanagement, ill-treatment or abuse of power in all immigration detention centres, and ensure findings are shared with the public.
3. Stop all forms of intimidation and threats against human rights defenders and whistle-blowers for exercising their rights and publishing their opinions.
4. Enter into moratorium on the use of Section 233 of CMA until it is reviewed and repealed.
5. Stop the arbitrary arrest of refugees and migrants, and ensure independent monitoring of all immigration detention centres.
5. Fulfil international human rights obligations, including in implementing the concluding observations of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and obligations under the Convention on the Rights of the Child (CRC).
The current prosecution against Quah is unacceptable. Telling the truth should not be a crime. Letting harm happen, especially to the vulnerable, is the real violence.
This joint statement is endorsed by these organisations:
111 Initiative, Advocates for Non-Discrimination and Access to Knowledge (Anak), Agora Society Malaysia, Al-Hasan Volunteer Network, Al-lkhlas Hope Society, Aliran, All Women’s Action Society (Awam), ALTSEAN-Burma, Asia Community Service, Amnesty International Malaysia, Asia Pacific Refugee Rights Network (APRRN), Asylum Access Malaysia, Beyond Borders Malaysia, Carefugees, Caremongering Malaysia, Centre for Independent Journalism (CIJ), Centre of Excellence for Research in AIDS at Universiti Malaya, Challenger Malaysia, Childline Foundation, Citizens Against Enforced Disappearances, CIVICUS, Demokrat Kebangsaan, Dewan Muda Malaysia, End CSEC Network Malaysia, Family Frontiers Malaysia, Federation of Reproductive Health Associations Malaysia (FRHAM), Freedom Film Network, Pergerakan Tenaga Akademik Malaysia, Gerakan Media Merdeka (GERAMM), Hope For Pakistani Refugees, International Detention Coalition, Justice For Sisters, Kiwanis Down Syndrome Foundation, Klinik Amal Muhajir, KongsiKL, KRYSS Network, Little Steps Charity Organisation, Majlis Kebajikan Kanak-Kanak Malaysia, Malaysian Action for Justice and Unity (Maju), Misi: Solidariti, Monsters Among Us: Youth Advocates, NESA, New Student Movement Alliance of Malaysia (Nesa), North South Initiative, Our Student Headspace Movement, Our True Colors (OTC), Parti Sosialis Malaysia (PSM), Persatuan Pemangkin Pendidikan Selangor (MYER Movement), Persatuan Promosi Hak Asasi Manusia (Proham), Persatuan Sahabat Wanita Selangor (PSWS), Pertubuhan Kebajikan READ, Prison Fellowship Malaysia Sabah, Project MK, Projek #BangsaMaIaysia, Projek Wawasan Rakyat (POWR), ReformArtsi, Refugee Emergency Fund (REF), Rimbun Dahan, Rohingya Education Development Society, Save Rivers, Saya Anak Bangsa Malaysia (SABM), Selangor Anti-Human Trafficking Council, Siring Siring Production, Sisters In Islam (SIS), Student-led Actions Towards Evidence Based Policies (SLED), Study Hub Asia Sdn Bhd, Suara Rakyat Malaysia (Suaram), Tenaganita, The Instant Café Theatre Company, The Oi! Community, Tiny Gold Hearts Project (TGHP), Toy Libraries Malaysia, Universiti Malaya Association of New Youth (Umany), Undi18, Undi Sarawak, Women’s Aid Organisation (WAO), Women For Refugees (WFR), Women’s Centre for Change, Penang (WCC), World Vision Malaysia, Yayasan Chow Kit, Ypolitics.
And by these individuals:
Aizat Hazlee, Amirah Rasyidah Azhar, Amirul Ikman Azman, Andi Suraidah, Andrew Khoo, Asher Mulroney, Aslam Abd Jalil, Azra Banu, Celine Lim, Charles Mak, Damon Goh Yiyang, Datuk Dr Amar-Singh HSS, Devaruban Samalam Ruban, Dolly Tan, Dr Rusaslina Idrus, Elisa Shafiqah Shahrilnizam, Florence Mah, Francis Ong, Gloria Bon, Gloria Tan, Harbans Kaur, Irene Wan, Jemima Chua, Jessica Tan, Joseph Paul, Juliana Jamaludin, Kalaivani, Kalavathy, Kasthuri Krishnan, Keerthana Sandrasegaran, Kenneth Cheng, Kieran Li Nair, Ku Jie Yee, Lan Lee, Lee Kok Hwee, Lim Ee Chiew, Lim Jeen Siew, Mangleswary Subramaniam, Mariammah Subramaniam, Meenakshi Raman, Melody Woon, Meyassa Hussain, Michele Rozells, Michelle Lai, Nadine Faisal, Ng Lai Thin, Ngo Sheau Shi, Nur Sakeenah Omar, Ong Rui Yu, Pet Ng, Ramesh Raghavji Devraj, Salina Hussein, Scott J. Wong, See Eugene, Shida, Shireen Sudhakaran, Siti Aishah, Suriani Kempe, Sydney Goh, Theresa Symons, Timothy Tan, Willa Mowe, Wong Mei Mei, Wong Woan Yiing, Yap Sook Yee, Yeoh Soo Han, Zhariff Afandi. – The Vibes, July 27, 2021