When you were in school, did you have a friend who spoke out for the bullied kid whom for various reasons, could not speak up for him/herself? Did you know the person who got threatened or even beaten by the bullies for defending his/her schoolmate? If you did, did you ever wonder where this child got his or her bravery from? Were you silently, or even voraciously, rooting for him or her? Were you in fact, this bold person?

There is a certain common sense and logic to want to see more of these courageous individuals in our society: people who are willing to put themselves on the line to speak out for those who could not, and to defend the rights of those who were not able to do it themselves. There are many reasons why certain sections of society are unable to represent themselves at particular instances, including lack of information, lack of access to means of communication, barriers to language, incarceration and so on. Yet these are the people who are most in need of protection in terms of their human rights.

Shirin Ebadi, the recent Nobel Peace Prize winner, was such a defender of human rights. Despite being stripped of her post as a judge, being under constant scrutiny by the authorities and being sent to prison, Ebadi continued to fight for the underprivileged and actively advocated for the rights of women in Iran. Aung San Suu Kyi is another shining example of defending the democratic rights of citizens in Myanmar. Human rights defenders are people who work to protect economic, social, cultural, civil and political rights, sometimes at great risk to their own personal safety.

The United Nations, recognising the value of such individuals or organisations in upholding the principles of human rights - basic things like freedom from cruelty, equal access to public services and freedom to choose employment - have set out a Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, better known as the Declaration on Human Rights Defenders, on 8 March 1999.

Amongst other things, it recognises that individuals, groups, institutions and non-governmental organizations have a responsibility and an important role to play safeguarding democracy, promoting human rights and fundamental freedoms and contributing to the promotion and advancement of democratic societies, institutions and processes. Anyone and any institution can and should play this role. This includes the childhood friend who ensured that other schoolmates were free from torture, or the government who ensured that no one is arrested arbitrarily, or even you.

So why are we talking about human rights defenders? If you have been following the news, you would have recognised that such a defender in our country have just been convicted to a one year prison sentence for the offence of "publishing false news with malicious intent". She is Dr Irene Fernandez, the Executive Director of a local NGO that works on the protection of foreign migrant workers' rights, Tenaganita.

While she was conducting research and interviewing migrant workers relating to HIV/AIDS, she received various complaints on the treatment and conditions in the detention camp. Following that, Tenaganita in accordance to their civic duty published a Memorandum entitled, "Abuse, Torture and Dehumanized Treatment of Migrant Workers in Detention Camps." However, this Memorandum was thought to be "tarnishing the image of the country", and Dr. Fernandez was charged and convicted on 16th October after a trial of more than 7 years.

Through the Memorandum, the organisation has brought into light what is usually hidden from the public's eye - the treatment of detainees by authorities when they are under detention. From the witnesses' accounts, the violations of their rights are wide ranging - spanning from physical torture to sexual abuse to deaths.

However, profoundly disturbing is the government's reaction to the Memorandum. Instead of investigating the report and taking appropriate action, they have chosen to prosecute the messenger. By doing so, thousands of foreign migrant workers who come into Malaysia because of our demand for economical labour lost another hope for the protection of their basic human rights. Not only that, they have potentially lost a channel for their concerns to be heard.

What would this mean to us, as normal people in Malaysia? If we complain about violations of our basic rights in Letters to the Editor - e.g. excessive use of force by DBKL officers when we inform them we are not breaking any rules - would we be charged with the same offence? Are we then doomed to silent endurance of any infringement of our rights? Will we then eventually have no human rights to speak of?

This is a frightening prospect, and the devaluation of the brave individuals who put their personal safety at stake to ensure that we do not lose what is entitled to every human being, regardless of nationality, gender, race, class or creed.

What should happen when the defenders of human rights are deprived of their own rights when they are being subjected to threats, violence and arrests? Who then, protects their rights?

The United Nations Commission on Human Rights established a Special Representative on Human Rights Defenders in 2000. Amongst his or her mandates are to seek, receive, examine and respond to information about human rights defenders, and to work together with governments to ensure promotion and effective implementation of the said Declaration. As such, complaints concerning violations of the rights of human rights defenders can be sent to the Special Representative by victims of violations, their representatives or by NGOs.

Apart from that, you can take responsibility and play a role in defending our defenders. Take an active interest in who they are and what happens to them. Find out more about your rights and demand protection not only for yourself, but for everyone. Write to the authorities voicing your thoughts.

Being a defender of human rights is a simple thing, all it requires is real concern, and a little bit of courage.

Jaclyn Kee
2nd November 2003

Fortnightly Column by WAO on Sunday Mail (Reprinted with permission from Sunday Mail)