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Civil Society

Human rights NGOs call for charges against Jolovan Wham and John Tan Liang Joo to be dropped

Published

6 years ago

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The Asian Forum for Human Rights and Development  (FORUM‐ASIA) and its member from Singapore,  Think  Centre, have expressed their concerns over charges ordered by  Attorney  General’s Chambers of Singapore against social worker and human rights activist, Jolovan Wham.

FORUM‐ASIA and Think Centre call on the Government to drop all charges against him and other individuals, given that they were exercising their fundamental freedoms under Article 14(1) of the Constitution of Singapore.

Jolovan Wham was charged with scandalising the Court under the Administration of Justice (Protection) Act  after  posting  a  comment  on  his  Facebook  account,  in  which  he  said  ‘Malaysia’s  judges  are  more independent  than  Singapore’s  for  cases  with  political  implications.’  Soon after,  the AGC initiated a charge for contempt of court against him.

In their written submission, the AGC argued that Wham’s posting ‘imputes improper motives to or impugns the integrity, the propriety of impartiality of any courts, and poses a risk that public confidence in the administration of justice would be undermined.’ (section 3 (1)(a) of the Act).

During the first hearing of the case, on 17 July, the AGC’s Senior State Counsel, Francis Ng reiterated the accusation, stating that Wham has no conceivable reason to question the independence of Singapore’s Judiciary. Together with Jolovan Wham, the AGC also charged Singapore Democratic Party politician, John Tan Liang Joo for supporting Jolovan Wham.

The case of the two is the first to be brought to the court after the enactment of the Administration of Justice (Protection) Act in October 2017. Concerns have been raised by lawyers and civil society organisations about the Act, both about it including provisions that are a threat to fundamental rights and that it takes a broad brush approach when it comes to defining ‘risk’ under section 3(1)(a). This goes against existing case law.

The current version of the Act significantly lowers the standard of proof from ‘real risk’ to ‘risk’ in section 3(1)(a), implying that any risk whatsoever can be justified as a standard in determining that public confidence is undermined, thereby scandalising the court. This restricts fundamental freedoms, fair criticism as an element for liability, and reduces the impact of case law, which objectively measures ‘real risk’ as set down by the Court of Appeal case of Shadrake Alan v. Attorney-General (2011).

The Act adds to the list of repressive laws in Singapore, which suppress the freedom of expression, assembly, and association, together with the draconian Public Order Act. Previously, in 2017 Jolovan Wham was charged under the Public Order Act for exercising his rights to peaceful assembly and association.

Recalling the international human rights standard that restriction of the freedom of expression, freedom of assembly, and association can only be legitimated through a three-part test, any restriction without passing those tests is a violation of human rights. The restrictions imposed on Jolovan Wham, and other people in Singapore, through statute law that seeks to override both case law and the Constitution, are clearly a violation of these rights according to this test.

FORUM-ASIA calls on the Government to drop all charges against Jolovan Wham, and to safeguard all voices in society by protecting the freedom of expression, freedom of assembly and association and all related civil and political rights. The right to exercise fundamental freedoms, especially when they do not threaten national security, public order or the workings of the Judiciary, should not be criminalised by law. It further calls on the Government to amend all repressive laws that can be used against fundamental freedoms, including the Public Order Act and the Administration of Judiciary (Protection) Act.

It also urges the Government of Singapore to address the recommendations it received during the Universal Periodic Review in 2016 related to guaranteeing freedom of assembly and association, freedom of opinion and expression, including on the Internet, and to protect freedom of the press.

“This is the time for the Government to realise its commitments.” states FORUM-ASIA.

FORUM-ASIA is a regional human rights group with 58 member organisations in 19 countries across Asia. FORUM-ASIA has offices in Bangkok, Jakarta, Geneva and Kathmandu. It addresses key areas of human rights violations in the region, including freedoms of expression, assembly and association, human rights defenders, and democratisation.

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Civil Society

Thailand withdraws reservation on refugee children’s rights, welcomed by UN Human Rights Office

Thailand’s withdrawal of its reservation on Article 22 of the CRC is hailed by the UN, marking a key step in enhancing protections for refugee and asylum-seeking children.

Published

1 week ago

on

6 September 2024

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The UN Human Rights Office for South-East Asia (OHCHR) has praised Thailand for its decision to withdraw its reservation on Article 22 of the Convention on the Rights of the Child (CRC), a move expected to improve the protection of refugee and asylum-seeking children in the country.

Cynthia Veliko, the OHCHR Representative for South-East Asia, hailed the decision, calling it “a significant, positive step” toward aligning Thailand’s laws with international standards. “This move helps protect the rights of all children on the move, no matter their nationality or origin,” Veliko said.

The Thai Cabinet’s decision to withdraw the reservation took effect on 30 August 2024. Article 22 of the CRC ensures that refugee and asylum-seeking children receive protection, humanitarian assistance, and equal access to services provided to national children, in line with international human rights laws to which Thailand is a party.

This withdrawal is also expected to strengthen the implementation of Thailand’s National Screening Mechanism (NSM), introduced on 22 September 2023.

The NSM grants the status of “protected person” to individuals who cannot return to their home countries due to the fear of persecution. However, despite these legal advancements, children without legal status in Thailand remain at risk of being detained in immigration facilities.

The UN has raised concerns over the continued detention of children despite the Thai government’s 2019 Memorandum of Understanding on Alternatives to the Detention of Children (MOU-ATD). The UN Committee on the Rights of the Child has reaffirmed that every child has a fundamental right to liberty and should not be detained based on their migration status.

Veliko urged Thailand to focus on ending child immigration detention and adopting human rights-based alternatives.

“Children on the move are children first and foremost,” Veliko stressed, adding that detention due to migration status is never in the best interests of children.

The UN Human Rights Office expressed its readiness to assist the Thai government in developing alternatives to detention, ensuring that all children receive the protection and care they need.

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Civil Society

FORUM-ASIA condemns Myanmar junta’s forced conscription expansion, urges international action

FORUM-ASIA condemns Myanmar’s military junta for expanding forced conscription, calling it a desperate bid to maintain power. The policy, affecting men aged 35 to 60, adds to a long list of human rights violations, including forced labor and the use of civilians as human shields.

Published

2 weeks ago

on

4 September 2024

By

The Asian Forum for Human Rights and Development (FORUM-ASIA) has condemned the Myanmar military junta’s recent decision to expand the age limit of its forced conscription policy, calling on the international community to stand in solidarity with the people of Myanmar.

The move is seen as a desperate attempt by the junta to maintain control in the face of a growing pro-democracy resistance movement.

On 25 August 2024, Senior General Min Aung Hlaing announced the introduction of a new “security system with public participation.”

This system would require men aged 35 to 60 to serve as guards, potentially placing them on the frontlines of conflict. The announcement follows the formation of the Central Supervisory Committee for People’s Security and Anti-Terrorism on 16 August, tasked with organizing military training and overseeing “people’s security and anti-terrorism” groups at various administrative levels.

The junta’s plan builds upon the forced conscription policy it implemented on 10 February 2024, invoking the 2010 People’s Military Service Law.

The law mandates men aged 18 to 35 and women aged 18 to 27 to serve two years in the military, with professionals like doctors and engineers potentially serving up to five years. Those who evade service or assist others in doing so face up to five years in prison. As part of this policy, the junta planned to conscript 5,000 individuals monthly from April 2024.

Civilians as Human Shields and Forced Labor

FORUM-ASIA has condemned the junta’s forced conscription policies, highlighting the military’s history of using civilians as human shields and forcing them into hard labor.

The International Labour Organization’s Commission of Inquiry found in October 2023 that the military continues to impose forced labor amidst the ongoing armed conflict, a practice that has escalated since the 2021 coup attempt.

Local news and human rights groups have reported that the junta is also abducting and arresting citizens to use as human shields, further contributing to the human rights violations in Myanmar. Many youths, rather than being conscripted into fighting for a regime they oppose, have fled their homes to join the resistance.

United Nations Secretary-General António Guterres has expressed concern over the junta’s detention and recruitment of Myanmar youth. Meanwhile, Tom Andrews, UN Special Rapporteur on Myanmar, noted the junta’s increasing use of powerful weapons against civilians as troop losses and recruitment challenges mount.

Call for Action

FORUM-ASIA is calling on the Myanmar military junta to immediately halt its forced conscription, abductions, forced labor, and the use of civilians as human shields.

“FORUM-ASIA urges the international community, including the UN and ASEAN, to thoroughly investigate the Myanmar military junta’s long list of human rights violations. The junta should be held accountable for all its crimes through sanctions and other punitive measures,” said Mary Aileen Diez-Bacalso, Executive Director of FORUM-ASIA.

“The international community must urgently isolate the junta and support the people of Myanmar in their struggle for justice and freedom,” Bacalso added.

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