Because that is what this is all about. Irene Fernandez, a human rights defender of women and migrant workers, exposed the truth. And she got punished for it.

As Executive Director of Tenaganita, a grassroots organisation working on women’s empowerment, and working on human rights issues of migrant workers, Irene released to the press a copy of Tenaganita’s 1995 report, “Memorandum on Abuse, Torture, Dehumanized Treatment and Deaths of Migrant Workers at Detention Camps”. She was then arrested and charged with violations of the Printing Presses and Publications Act of 1984 for “maliciously publishing false news” in March 1996. While Irene was released on bail, the trial proceeded. This is one of the longest trials ever in the history of Malaysia, with Irene having more than 150 court appearances. And in October 16, 2003, she was then found guilty, and was sentenced to 12 months in prison.

The Tenaganita report exposed the inhumane condition of the migrant workers held in custody at the detention camps. It compiled painful accounts of torture, dehydration, malnutrition and denial of medical care. The report bared the suffering of female migrant workers who told stories of being forced to provide sexual favors in exchange for water and sanitary napkins; of being raped by police and immigration officers.

The Malaysian government, instead of getting concerned over the issues being raised, was more irked of the fact that someone actually came out publicly to raise these issues and fight for the migrant workers’ rights. Instead of addressing the inhumane conditions of the workers, it was instead trying to put a lid on critical voices.

The Tenaganita report released in 1995 rings true up to this day. Protests and demonstrations are still being held to demand for changes in the camp management.

The verdict against Irene is a brazen attack against human rights defenders; and a denial of the truth of migrant workers' appalling plight in the immigration detention camps. The Asia Pacific Forum on Women, Law and Development (APWLD) condemns the Malaysian government in its effort to silence those who work for the protection of human rights, invoking repressive laws to legitimize its authoritarian act. We denounce its poor attempt to muddle the issue with this case against Irene. The main issue is the Malaysian authorities' inhumane treatment of the migrant workers in the detention camps, which Irene and Tenaganita brought attention to. Let us not allow ourselves to be distracted from the real issue.

APWLD joins the international community in urging the Malaysian government:

- to withdraw the flimsy charges against Irene Fernandez;
- to seriously and immediately address the situation of the migrant workers in Malaysia; and
- to respect and protect human rights of all, including human rights defenders and migrant workers.

APWLD expesses its solidarity with Irene's and Tenaganita's relentless defense of the migrant workers' rights. Truth shall never be silenced. The people's struggle for freedom and democracy shall persist.

Asia Pacific Forum on Women, Law and Development (APWLD)
Chiangmai, Thailand
October 31, 2003

Asia Pacific Forum on Women, Law and Development (APWLD)
Santitham YMCA Building, 3rd Floor, rooms 305-308,
11 Sermsuk Rd, Mengrairasmi, Chiangmai 50300,
THAILAND
Telephone: 66 53 404613, 66 53 404614
Fax: 66 53 404615
Email: apwld@apwld.org