Defamation case against human rights defender Charles Hector ends in a settlement

On the 25th August 2011 after an exhausting, expensive and exasperating six months Charles Hector and Asahi Kosei arrived at a settlement. According to the settlement, Charles Hector will pay US$3 in costs and US$3 in damages to Asahi Kosei. A further condition that Charles Hector has to satisfy is the publication of a half-page advertisement in The Star national daily newspaper and in the Nanyang Siang Pau national daily newspaper .

We hope that this court case acts as a wake up call for all stakeholders, including government authorities, international agencies, diplomats ,trade unions and business corporations to urgently review mechanisms to uphold the rights of migrant workers and human rights defenders.

Although the court case is over the situation of migrant workers still requires your vigilance and Charles Hector as a human rights defenders still requires your support. He has already incurred considerable debt during this struggle. Now he must find a further USD7000 urgently to pay for the advertisements required by Asahi kosei within the next 21 days.

Contributions can be made to :

Persatuan Aliran Kesedaran Negara
Bank account number: 107 246 109 510.
Malayan Banking Berhad, Green Lane branch, Penang, Malaysia.

(If you are outside Malaysia, please include the “SWIFT” code for our bank: MBBEMYKL)

Also, email to aliran@streamyx.com after making a donation to advise who it's from and what it’s for and the date of payment.

We thank each and every one of you for your support and trust we will all continue to work in solidarity for social justice.
In Defence of Charles Hector campaign team

http://indefenceofcharleshector.blogspot.com/

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Statement by The Observatory for the Protection of Human Rights Defenders

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), expresses its concern about the outcome of the judicial case against human rights defender Charles Hector Fernandez, who was sued by a company for publishing information regarding the violation of the rights of 31 Burmese migrant workers in Malaysia.

On August 25, 2011, the case against human rights defender Charles Hector Fernandez before the Shah Alam High Court ended in a settlement between the defender and the company that had sued him for civil “defamation”. According to the settlement, Mr. Charles Hector Fernandez will pay 1 Malaysian Ringgit (less than one USD) in costs and the same amount in damages to the company, and will publish a half-page apology in the Malaysian daily newspapers The Starand Nanyang Siang Pau.

Mr. Charles Hector Fernandez was sued in February 2011 by the Japanese-owned company Asahi Kosei, in Selangor, Malaysia, for publishing information on-line regarding the violation of the rights of 31 Burmese migrant workers by this company management. Asahi Kosei Company was demanding a compensation of USD 3.3 million, in addition to a public apology, with the argument that these 31 Burmese workers have not been under their responsibility, as they were supplied to them by an ‘outsourcing agent’ [1].

The Observatory sent an international mission to observe the trial against Mr. Charles Hector Fernandez and to investigate the situation of human rights defenders in Malaysia.

“The case of Charles Hector Fernandez shows how powerful corporate interests are taking on and silencing a human rights defender by his horns. Using exorbitant civil libel claims against human rights defenders reporting alleged corporate abuse sends a dangerous precedent with a chilling effect on the legitimate work of human rights defenders”, said Ms. Sudha Ramalingam, following the observation of the trial.

The Observatory is concerned that the human rights defender in this case was left with little choice other than accepting a settlement having the effect of sanctioning his activities as a defender of the rights of migrant workers. For many years, Mr. Charles Hector Fernandez has provided vital legal assistance to workers and migrants seeking justice.

The Observatory calls upon the authorities of Malaysia to put an end to all forms of harassment against human rights defenders in the country, including through criminal or civil libel laws, and to ensure full conformity with the United Nations Declaration on Human Rights Defenders and otherinternational and regional instruments ratified by Malaysia. The Observatory also reminds private actors including business enterprises of their responsibility of respecting human rights and exercising due diligence to avoid complicity in abusing human rights in countries where they operate.

[1] See The Observatory Press Release issued on June 27, 2011