The Malaysian Insight

ACTIVIST Wong Yan Ke is the first recipient of aid from a legal defence fund established by local civil groups to help those being investigated. 

The new fund is set up by the Freedom of Expression Cluster (FOE Cluster), which is made of civil society organisations fighting for democracy in Malaysia, and is co-chaired by the Centre for Independent Journalism (CIJ) and Article 19 Malaysia.

The Malaysian Centre for Constitutionalism and Human Rights (MCCHR) is managing the fund, which was raised by working with international organisations that share their views. 

Apart from funding legal expenses, the fund will also offer additional monetary help.

Wong, a former student leader and the former chairman of Universiti Malaya Association of New Youth (Umany), was charged in court last month for not obeying police orders to stop recording a raid on another student activist’s house.

He was charged under Section 188 of the Penal Code, which carries a maximum six-month jail sentence or a fine of up to RM2,000 or both.

Wong was also charged earlier in February at the Kuala Lumpur Magistrate’s Court over his protest during his convocation at Universiti Malaya last year.

“I was so miserable at the time, I was wondering how am I going to crowdfund for the bail. I am an NGO research officer and I am also a fresh graduate. My salary is around RM2,500 and the bail is 40% of my salary,” said Wong who now works as the coordinator of the National Human Rights Network.

 “I was then approached by CIJ to apply for the Legal Defence Fund, so I decided to sign up and in the next few hours, I was interviewed about my status.

“I appreciate all the staff who worked overtime and tried to help me. From my understanding, the panel or the board analysed and approved my application on that night. The whole process only took less than 24 hours,” he said.

Wong said the funds were transferred to him and he managed to pay the RM1,000 bail the next day. 

MCCHR chief human rights strategist Firdaus Husni said similar funds were already established in other countries, and these organisations also supported these funds in those other countries.

She added that a committee has been set to review the allocations.

“We consider if the work that the individual does falls under human rights defenders work.

“It has to be a case that your freedom of expression is violated, and it is when you exercise that freedom in a peaceful and non-violent manner.

“Other considerations would be whether you already have other means or forms of assistance,” Firdaus said. 

The FOE Cluster said the LDF became necessary as the government continued its pattern of attacks on journalists, human rights defenders and activists.

According to FOE Cluster, as of October 2020, the section 233 of the Communications and Multimedia Act (CMA) 1998 has been used to investigate at least 270 cases concerning supposed misinformation related to the Covid-19 pandemic.

“The establishment of this fund is especially important in light of the shrinking of civic space in Malaysia,” said CIJ executive director Wathshlah Naidu.

“Laws that have been used to stifle freedom of expression in Malaysia continue to be in force.

“The broadly worded Sedition Act, which was meant to be repealed, has been utilised multiple times in 2020.”

Wathshlah added that the government appears to be focused primarily on its political survival and has relegated the reform agenda to the backseat.

Those interested to apply for support from the LDF can email coordinator@foecluster.org. – December 9, 2020.