Boycott CHOGM, drop charges against Lena (SunDaily)

Boycott CHOGM, drop charges against Lena

Posted on 22 October 2013 - 07:55pm

WHILE the Canadian government has decided to boycott next month's Commonwealth Heads of Government Meeting (CHOGM) in Sri Lanka over human rights concerns, the Malaysian government chooses to charge a human rights activist for screening a documentary on Sri Lanka's atrocities.

Lena Hendry has been charged under the Film Censorship Act for organising a screening of No Fire Zone: The Killing Fields of Sri Lanka, an award-winning documentary about alleged war crimes by the Sri Lankan government during the final months of the civil war in 2009. Hendry faces up to three years in prison and a fine of RM9,500.

UN human rights commissioner Navi Pillay has expressed grave concern about the lack of accountability, unresolved enforced disappearances, and decreasing fundamental freedoms. After a visit to Sri Lanka, she noted the country's worrying "authoritarian turn" and the government's failure to independently or credibly investigate the allegations of war crimes during the armed conflict. 

The British House of Commons Foreign Affairs Committee in its report "Role and Future of the Commonwealth" has sharply criticised the decision to hold the CHOGM in Sri Lanka, and has called upon Prime Minister David Cameron to boycott the meeting.

Besides the Sri Lanka's human rights record, the impeachment of Sri Lankan Chief Justice Shirani Bandaranaike has been found to be unconstitutional, a "direct violation" of the rule of law and contravened Commonwealth values and principles.

As a sponsor of the World Moderate Movement, the government should lead by boycotting CHOGM and hold the Sri Lankan government responsible for war crimes during the country's civil war. The authorities should drop charges against Lena Hendry.

Dr Kua Kia Soong
Suaram Adviser

Source: TheSunDaily, 22/10/2013,  Boycott CHOGM, drop charges against Lena

Star report after October 21st court date

Lena Hendry is a woman not a Man...Star headlines wrong.

Published: Monday October 21, 2013 MYT 3:31:00 PM
Updated: Monday October 21, 2013 MYT 9:11:21 PM

Nov 7 case management for man accused of screening unapproved documentary

by qishin tariq

KUALA LUMPUR: The Magistrate's Court here has fixed Nov 7 for case management of a human rights worker accused of screening a controversial documentary.

Magistrate Ashraf Rezal Abdul Manan set Mov 7 to hand over additional documents after DPP Ooi Chean Ling applied for a new date.

Programme coordinator for a human rights group Pusat Komas Lena Hendry claimed trial on Sept 19 to screening No Fire Zone, a documentary that had not been approved by the Censorship Board.

Under Section 6 (1) (b) of Film Censorship Act, 2002, Hendry faces up to three years' prison or a fine not exceeding RM30,000.

Hendry, who was represented by Joshua Tay, had been released on RM1,000 bail pending the resolution of the case.

On July 3, three Pusat Komas activists – Anna Har, Arul Prakkash and Hendry – were arrested in a raid by the Home Ministry, when they attempted to screen the controversial documentary ‘No Fire Zone’ at the Kuala Lumpur Selangor Chinese Assembly Hall, here.

The film No Fire Zone, directed by British national Callum Macrae, explores the oppression by the Sri Lankan government against Tamils in the island country.

Meanwhile, in a statement issued Sunday, the Human Rights Watch (HRW) group called upon Malaysian authorities to immediately drop charges against Hendry and "find a way to undo the damage in a statement to Malaysia's cultural reputation."


HRW's deputy Asia director Phil Robertson said in a statement that threatening to jail someone for showing a documentary is "flipping the switch off on basic freedoms".


He also questioned the charges against Hendry as it appeared "politically motivated".


Prior to Komas's screening, the film had been shown for members of Parliament without incident and other non-governmental organisations had also screened it before.


"Malaysia's willingness to block the showing of 'No Fire Zone' and prosecute Hendry makes it a disturbing partner for Sri Lanka in whitewashing wartime atrocities," said Robertson.


Malaysia will be among the governments attending the Commonwealth Heads of Government Meeting in Sri Lanka on November 15-17.

"Malaysia's carrying Sri Lanka's torch just weeks before the Commonwealth meeting suggests political expediency trumping respect for free speech," he added.

Humans Rights Watch is an international non-governmental organisation which conducts investigations and advocacy efforts in the human rights field. - Star, 21/10/2013. Nov 7 case management for man accused of screening unapproved documentary

What happened on 21/10/2013 in court? A report by SunDaily

Activist’s case to be heard on Nov 7

Posted on 21 October 2013 - 10:09pm
Last updated on 22 October 2013 - 09:35am

SUNPIX

KUALA LUMPUR (Oct 21, 2013): The case of human rights activist, Lena Hendry (pix), who was charged with screening a film that was not approved by the Film Censorship Board is set for case management on Nov 7. 

Magistrate Ashraf Rezal Abdul Manan set the date today after noting the objection by Hendry's lawyer, Joshua Tay, on the delayed tendering of documents to the accused. 

Hendry, 28, a staff with the human rights group Pusat Komas, is claiming trial to screening "No fire zone: The killing fields of Sri Lanka" at the Kuala Lumpur and Selangor Chinese Assembly Hall at about 9pm on July 3.

The charge is under section 6(1)(b) Film Censorship Act 2002 and is punishable under section 6(2)(a) of the same Act, which carries a maximum fine of RM30,000 or a three-year jail sentence or both. 

Meanwhile, the international US-based NGO Human Rights Watch has called for the charges to be dropped immediately.

"Malaysia's willingness to block the showing of 'No fire zone: The killing fields of Sri Lanka" and prosecute Hendry makes it a disturbing partner for Sri Lanka in whitewashing wartime atrocities," said deputy Asia director Phil Robertson.

The film is an award-winning documentary about alleged war crimes by the Sri Lankan government during the final months of the country's civil war in 2009. 

In its release on Sunday, Human Rights Watch noted that on Oct 24, Malaysia's human rights record will be under scrutiny during its Universal Periodic Review at the UN Human Rights Council.

Furthermore, Malaysia will also be attending the Commonwealth Heads of Government Meeting in Sri Lanka on Nov 15-17. - The SunDaily, 21/10/2013, Activist’s case to be heard on Nov 7

‘Drop charges against Pusat Komas’ Lena’, says HRW (FMT News)

‘Drop charges against Pusat Komas’ Lena’

October 21, 2013 

 

Human Rights Watch accuses the government of flipping the switch off on basic freedoms by threatening to jail someone for showing a documentary.

 

BANGKOK: The Malaysian authorities should immediately drop charges against a rights activist accused of showing a film about Sri Lanka’s civil war without Censorship Board approval, Human Rights Watch said today.

Lena Hendry, of the human rights group Pusat Komas, was charged under the Film Censorship Act for organizing a screening of ‘No Fire Zone: The Killing Fields of Sri Lanka’ on July 3, 2013, in Kuala Lumpur. Hendry, whose trial starts today, faces up to three years in prison and a fine of RM30,000.

“Malaysian authorities are flipping the switch off on basic freedoms by threatening to jail someone for showing a documentary,” said Phil Robertson, deputy Asia director at Human Rights Watch.

“They should immediately drop the charges against Lena Hendry and find a way to undo the damage to Malaysia’s cultural reputation.”

On July 3, Pusat Komas held screening of ‘No Fire Zone’ at the Kuala Lumpur and Selangor Chinese Assembly Hall. Before the screening, an official from the Sri Lankan embassy in Kuala Lumpur met with the assembly hall management and tried to persuade them to stop the screening.

The Sri Lanka embassy also communicated with the Foreign Ministry and the Censorship Board to urge the film not be shown.

At the showing, about 30 Malaysian Home Ministry officials, police, and Immigration Department personnel came. After negotiations between Pusat Komas and the officials, they agreed to allow the showing to take place, but also arrested Hendry.

They also arrested the Pusat Komas president and a board member but released both without charge.

Film Censorship Act imposes criminal penalties for any showing of a film without Censorship Board approval, in violation of the right to freedom of expression. Hendry was charged under section 6 of the Act, which makes it an offense to produce, manufacture, have in one’s possession, circulate, distribute, or display such film or film-publicity material that has not been approved by the board.

The charges against Hendry appear politically motivated, Human Rights Watch said.

Shortly before the screening at the assembly hall, ‘No Fire Zone’ was shown for members of parliament without incident. And it was screened soon after by other NGOs without any arrests.

Disturbing partner

Pusat Komas regularly organises screenings of films on sensitive subjects, with admission by pre-registration only.

‘No Fire Zone: The Killing Fields of Sri Lanka’ is an award-winning documentary about alleged war crimes by the Sri Lankan government during the final months of the Sri Lankan civil war in 2009. The documentary shows government artillery attacks that killed children, women, and the elderly and extrajudicial executions of captured fighters and civilians by government forces.

Sri Lanka has been the subject of two resolutions at the United Nations (UN) Human Rights Council in which the government is criticized for failing to investigate alleged violations of the laws of war by both sides during the conflict.

In August, following her visit to the country, Navi Pillay, the UN high commissioner for human rights, was sharply critical of the government’s failure prosecute those responsible for serious abuses. The Sri Lankan government has rejected the war crimes findings of Pillay, the film, and research by a UN panel of experts and human rights organizations.

On Oct 24, Malaysia’s human rights record will be under scrutiny during its Universal Periodic Review at the Human Rights Council.

“Malaysia’s willingness to block the showing of ‘No Fire Zone’ and prosecute Hendry makes it a disturbing partner for Sri Lanka in whitewashing wartime atrocities,” Robertson said.

“Malaysia should turn these missteps into an opportunity to join the many governments that are seeking a measure of justice for the Sri Lankan war’s many victims.”

Malaysia will be among the governments attending the Commonwealth Heads of Government Meeting in Sri Lanka on Nov 15-17. Support for human rights is enshrined in the Commonwealth Harare Declaration of 1991. The Commonwealth is empowered to investigate serious or persistent violations of the Harare Declaration and to recommend measures for action.

“Malaysia’s carrying Sri Lanka’s torch just weeks before the Commonwealth meeting suggests political expediency trumping respect for free speech,” Robertson said. - FMT News, 21/10/2013,‘Drop charges against Pusat Komas’ Lena’

Lena Hendry's case - has great implication to all CSOs, Trade Unions, Political Parties, Religious Groups and every one

Below a post that appeared in Charles Hector's blog, tell us why we must all be concerned as this issue will affect all our work for human rights and worker rights 

Lena Hendry's case - No more showing VDOs without goverment approval?

Well, it looks like Malaysians may not be able to show others in Malaysia videos/DVDs/etc without first submitting it to the Malaysian government to get the Film Censorship Board's approval....

and the case of Lena Hendry's is but the beginning...Remember that this BAD law can be used for everything - all vdo productions including family VDOs, all forms of documentaries and VDO clips (including, I believe all that is already publicly available on the internet), political ceramahs/talks, other non-political ceramah/talks, etc... 

Know that usually this law has been used only with regard films screened in the cinemas...wonder whether it is also used to 'pre-approve' all our TV programmes/documentaries/ etc that we see on ASTRO...and RTM...

WOULD THIS NOW NOT LEAD TO A FURTHER EROSION OF DEMOCRATIC SPACE IN MALAYSIA?

I believe that we all have to stand up and oppose this new attempt of this UMNO-led BN government to  even further erode our freedom of expression, opinions and views...

Malaysia

Komas activist in court for illegal screening of documentary

BY RITA JONG

September 19, 2013
Latest Update: September 19, 2013 07:19 pm

 

A human rights activist was charged at the magistrate's court in Kuala Lumpur today with the screening of a documentary, which was not cleared by the Film Censorship Board, on the alleged atrocities by the Sri Lankan army during the country's civil war.

Lena Hendry, 28, a Komas programme coordinator, claimed trial to screening the film "No Fire Zone: The Killing Fields of Sri Lanka" at the Kuala Lumpur and Selangor Chinese Assembly Hall, Jalan Maharajalela, at 9pm on July 3, 2013.

She was charged under the Film Censorship Act 2002 and is liable to a maximum fine of RM30,000 or three years jail, upon conviction.

Magistrate Ashraf Rezal Abdul Manan granted her bail of RM1,000 in one surety and fixed October 21 for mention.

DPP Muhammed Husaini Rusli prosecuted while New Sin Yew, Andrew Khoo and Joshua Tay represented Hendry.

Hendry was arrested with two other coordinators, Anna Har and Arul Prakash, during a raid by the Home Ministry at the screening of the documentary on July 8, with Hendry the first to be produced in court.

The documentary is said to cover the war crimes committed by the Sri Lankan government during the civil war in 2009.

Utusan Malaysia, in its report on the raid, had referred to the three Komas staff as being "suspected supporters of the Liberation Tigers of Tamil Elam (LTTE) militants".

Komas is a movement for the Popular Communications for Human Rights in Malaysia. - September 19, 2013.- Malaysian Insider, 19/9/2013, Komas activist in court for illegal screening of documentary

ARTICLE 19, ALIRAN, PROHAM, NUBE,WH4C & 111 Others say Drop Charges against Lena Hendry

Joint Statement – 2/10/2013(as of 15/10/2013)

DROP THE CHARGES AGAINST MALAYSIAN HUMAN RIGHTS DEFENDER LENA HENDRY

NO TO PRE-CENSORSHIP OR PRIOR APPROVAL FOR USAGE OF FILM/VIDEOS

We, the  116  undersigned  civil society groups, trade unions and organizations are shocked that the Malaysian government, after the recent General Election has resorted to charging human rights defender Lena Hendry on 19 September 2013 for being involved in the screening of a documentary "No Fire Zone: The Killing Fields of Sri Lanka" at a human rights event in Kuala Lumpur on  9 July 2013.

Lena Hendry was charged for an offence under the Film Censorship Act 2002, in connection with the screening of a video  which  was not  vetted and approved by the Film Censorship Board of Malaysia. If convicted, she faces the sentence of a ‘…fine of not less than five thousand ringgit and not more than thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both…’ She is charged under Section 6 of the Act that makes it an offence to, amongst others, to produce, manufacture, have in one’s possession, circulate, distribute and display such film or film-publicity material which has not been approved by the Board. This may include video material ranging from family videos, videos of political and human rights material including recordings of forums and speeches, videos about citizen rights including the right to free and fair elections or worker rights, and even videos about rights violations in other countries including Palestine.

A ‘…videotape, diskette, laser disc, compact disc, hard disc and other record of a sequence of visual images, being a record capable of being used as a means of showing that sequence as a moving picture, whether or not accompanied by sound…”, is also included in the definition of ‘film’ as provided for in Section 3 of the Film Censorship Act. It is absurd that in Malaysia, the law requires one to get approval of the Malaysia’s Film Censorship Board for all such material.

The Act is also discriminatory as it does not apply, amongst others, to “...any film sponsored by the Federal Government or the Government of any State...”. The government does not need to obtain approval from the Censorship Board, but everyone else is expected to do so. 

At present, the practice of getting approval from the Film Censorship Board usually applies to films screened in cinemas and cineplexes to a paying audience. Even when it comes to television, it is believed that there may be no pre-requirement for getting approval from the Censorship Board for all that is shown except for feature movies.

The charging of Lena Hendry in September 2013 by the Malaysia government is seen as an effort to limit access to information and alternative views particularly those highlighting human rights violations and alternative perspectives. This violates individual and civil society and public rights to information, freedom of expression and opinion. 

If the screening and usage of such material incites a criminal act, or violates another person’s rights, there are existing laws to address this. There is no requirement for any prior government approval or ‘censorship’.

In Reporters Without Borders’ 2013 World Press Freedom Index, Malaysia has fallen to its lowest-ever position because of the decreasing access to information. Malaysia embarrassingly dropped 23 places, and now ranks 145 out of 179.

Article 1 of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms states clearly that “Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at  national and international levels.”
 

Lena Hendry, has the right to ‘…freely  publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms…’, and that should include the right to use films, documentaries and other video materials. 

To advocate a policy or a law that says that film or video material must be pre-approved by the government before it can be used is in itself a violation of principles of human rights and the UN Human Rights Defender Declaration. 

Therefore, we

a)    Call on the Malaysian Government to immediately and unconditionally drop the criminal charges against Lena Hendry;

b)    Call for the repeal of provisions in the Film Censorship Act 2002 that obligates persons to seek approval of the government vis-à-vis the Film Censorship Board before a film, videotape, diskette, laser disc, compact disc, hard disc and other record of a sequence of visual images can be used;

c)  Call on the Malaysian government to recognize, promote and respect human rights, including those contained in the UN Human Rights Defenders Declaration

Charles Hector

Pranom Somwong

For and on behalf the 116 organisations listed below

ALIRAN

All Women’s Action Society (AWAM), Malaysia

Angkatan Rakyat Muda (ARM), Malaysia

Aksi  For Gender, Social And Ecological Justice, Indonesia

ASEAN Youth Assembly

Asia Pacific Forum on Women, law and Development (APWLD)

Academy of Tamil Studies, Malaysia

Boat People SOS

Burma Partnership

Cambodian Human Rights Association ( ADHOC )

Campaign for a Life of Dignity for All (KAMP), Philippines

Civil Right Committee of Kuala Lumpur and Selangor Chinese Assembly Hall, Malaysia

Center for Orang  Asli Concerns (COAC), Malaysia

Centre of Education. Research and Development (CEDAR) Malaysia

Centre for Independent Journalism, Malaysia

Child Development Initiative Malaysia

Committee for a Workers' International (CWI), Malaysia

Community Action Network, Malaysia

Community Resource Centre

Council of Temples Malaysia

Dapur Jalanan Kuala Lumpur

Dignity International

Empower Foundation, Thailand

ENGAGE

Federation of Indian Non-Governmental Organisations

Foundation for Women, Thailand

Friends of Burma, Chiang Mai

Gabungan Pertubuhan-pertubuhan Masyarakat India Selangor

Gender and Development Advocates (GANDA) Filipinas

Group of Concerned Citizens Malaysia

Human Rights Ambassador for Salem-News.com, UK

Human Rights Working Group (HRWG) Indonesia

Indian Malaysian Active Generation (IMAGE) Malaysia

Islamic Renaissance Front (IRF) , Malaysia

JERIT, Malaysia

Kelab Bangsar Utama, Malaysia

Kesatuan Kebangsaan Pekerja Pekerja Perusahaan Alat Alat Pengangkutan Dan Sekutu(NUTEAIW)

Kesatuan Sekerja Industri Elektronik Wilayah Selatan Semenanjung Malaysia (KSIEWSSM)

Kuala Lumpur Indian Entrepreneurs and Professionals

Law and Society Trust, Colombo Sri Lanka

LLG Cultural Development Centre, Malaysia

MADPET (Malaysians Against Death Penalty and Torture)

Malaysian Association of Indian University Graduates

Malaysian Dravidian Association

Malaysians for Beng Hock

Malaysian Hindu Youth Council

Malaysian Indian Business Association

Malaysian Indian Development & Unity Association

Malaysian Indian Entrepreneurs and Professionals

Malaysian Indian Historical Association

Malaysia Indian Progressive Educational Society

Malaysian Indian Youth Development Foundation

Malaysian Physicians for Social Responsibility

Malaysia Youth & Students Democratic Movement

Malaysia Tamil Artiste Association

MAP Foundation, Thailand

MARUAH, Singapore

Migrant CARE

MTUC(Malaysian Trade Union Congress) Pahang

National Union of Bank Employees, Malaysia (NUBE)

Nationwide Human Development And Research Centre Malaysia

Network of Action for Migrants in Malaysia ( NAMM)

Network for Democracy and Development

Parti Rakyat Malaysia(PRM)

Parti Sosialis Malaysia (PSM)

Pax Romana ICMICA

Peace Institute of Cambodia

Peace Women Across the Globe Indonesia

Peoples' Empowerment Foundation (PEF), Thailand

Peoples Service Organisation (PSO) , Malaysia

PERGERAKAN Indonesia

Perkumpulan Tafena Tabua, Kupang - Indonesia

Persahabatan Semparuthi Johore, Malaysia 

Persatuan Alumni PBTUSM KL & Selangor

Persatuan Kesedaran Komuniti Selangor (EMPOWER)

Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)

Persatuan Sahabat Wanita, Selangor (PSWS), Malaysia

Projek Dialog, Malaysia

SABM Melbourne, Australia

Sahabat Rakyat Working Committee, Malaysia

SALT(School of Acting Justly Loving Tenderly and Treading Humbly), Malaysia

Sarawak Dayak Iban Association

Saya Anak Bangsa Malaysia (SABM)

Selangor Indian Entrepreneurs and Professionals

Semparuthi Iyakkam Malaysia

Sisters In Islam, Malaysia

SUARAM (Suara Rakyat Malaysia)

Tenaganita, Malaysia

The Asian Muslim Action Network (Aman) Indonesia

The Association of Women Lawyers, Malaysia

The Filipino Women's Organization in Quebec, Canada

VIVAT International-Indonesia

WH4C (Workers Hub For Change)

Women's Centre for Change (WCC) Penang

Women's Network for the Advancement and Peace, Thailand

Women's Rehabilitation Center (WOREC) Nepal

World Tamil Federation – Malaysian Chapter

Writer Alliance for Media Independence (WAMI), Malaysia

Yaung Chi Oo Workers Association, Thailand

Yayasan LINTAS NUSA Batam - Indonesia

Youth for Peace Cambodia

Advocacy and Policy Institute (API), Cambodia

Labour Behind the Lablel, United Kingdom

ARTICLE 19

Forum for Democracy in Burma

Bersihkan Malaysia Perth, Australia

Women's Aid Organisation, Malaysia

WAC, Phillipines

Housing Rights Task Force, Cambodia.

NLD LA Malaysia

Tourism Employees Association of Maldives" (TEAM)

CEREAL (Centro de Reflexión y Acción Laboral)

Cividep India

Think Centre, Singapore

Kesatuan Pekerja Pekerja Polyplastics Asia Pacific, Malaysia

PROHAM -Persatuan Promosi Hak Asasi Manusia

Source: Charles Hector Blog