性別平等聯合行動聯盟（JAG） “性別平等聯合行動聯盟”（JAG）促請總檢察署撤銷對人權律師茜蒂卡欣“妨礙公務員執行公務”的控狀。我們也呼吁馬來西亞政府廢除針對跨性別社群的歧視性法律、政策以及措施，並進一步遵照國際人權準則。 撤銷對茜蒂卡欣的控狀 茜蒂卡欣是本地知名女性人權律師，積極為原住民、婦女和同性戀、雙性戀及跨性別社群爭取權益。她於2017年6月13日，在刑事法典第186條文下被控“妨礙公務員執行公務”。 事件起因是她質疑聯邦直轄區宗教局（JAWI）官員突擊搜查一場跨性別者的私人活動的合法性。茜蒂卡欣當下已表明自己的律師身分，並在該活動上以律師身份執行其專業職務。 茜蒂卡欣於2017年6月23日在法庭上否認有罪並保釋外出。案件定於2017年8月22日續審。一旦罪成，她將面臨最高2年監禁或罰款不超過1萬令吉，或兩者兼施。 控告茜蒂卡欣猶如對法律界獨立性的一種冒犯。此次的控告將開啟令人不寒而栗的先例，動搖律師在不懼被逮捕或被控告下捍衛當事人權利的能力。律師的獨立性，即自由地履行專業職務，是保障人權、維護法治以及司法公正的基本原則。 我們促請總檢察署立即且無條件撤銷針對茜蒂卡欣的所有控狀。 勿再歧視跨性別社群 “性別平等聯合行動聯盟”也促請馬來西亞政府停止通過歧視性法律、政策及措施針對跨性別社群，比如造成茜蒂卡欣被控告的事件——突擊檢查私人活動。 這類針對行為已違反聯邦憲法中禁止性別歧視的精神，同時也已違反如世界人權宣言中闡明且國際上公認的人權，即不歧視、尊重隱私，以及言論自由。 維護國際人權法和準則 “性別平等聯合行動聯盟”促請當局廢除所有歧視性法律及政策，以確保馬來西亞遵守國際人權法和準則。 針對茜蒂卡欣的控告，已經違反聯合國關於律師作用的基本原則。總檢察署必須遵守國際人權準則，撤銷對她的控狀。 響應人權組織的號召…
THE WHEELS OF JUSTICE COME OFF TRACK FOR 42 RESCUED VIETNAMESE WOMEN
Press Statement: JUMP/POHD (Jaringan Utara Migrasi dan Pelarian and Penang Office of Human Development) learned that the 42 Vietnamese women rescued on March 18th from a house on Jalan Hull in Georgetown are now jailed in Juru Detention center. The women, who were at a shelter in Kuala Lumpur, were quietly transported to the detention center on March 30th and are now jailed. They are allegedly being charged under the Immigration Act for overstaying their work visa. This situation is unacceptable and JUMP/POHD is requesting:
1. Immediate release for the jailed 42 women, to be placed in a government or POHD shelter;
2. Complete transparency in the anti-trafficking investigation, Magistrate’s report, and circumstances leading to the 42 women being jailed;
3. Full joint task force review of this case by the Department of Labour, Department of Immigration, and DPP
4. Vietnamese Embassy take a stronger role in asking for the release of their jailed citizens and the right to redress the alleged abuses
JUMP/POHD is calling for an extended protection order and the immediate release of the 42 woman currently jailed at the Juru Detention center. In accordance with the Anti-Trafficking in Persons Act 2007, these women are afforded protection whereby:
“The Magistrate may at any time, on the application of an enforcement officer or a Protection Officer, as the case may be, extend or revoke the Protection Order made under this section.”
We are calling on the appropriate authorities to file an application and the Magistrate’s court to immediately extend the protection order for the 42 Vietnamese women until an in-depth review of this case is completed.
JUMP/POHD has serious concerns regarding the probable conclusions of the anti-trafficking investigation as well as the circumstances leading up to 42 women being quietly jailed at the Juru Detention center on March 30th. Sources have purported that this case was classified as labour trafficking by the Department of Immigration, however, the DPP allegedly made the evaluation that the case did not constitute human trafficking. JUMP/POHD believes the Immigration investigation rightly identified this case as human trafficking. JUMP/POHD is calling for the DPP to release their report of findings in this case and to provide complete transparency regarding the investigation and circumstances that lead to a revoked protection order.
Jump/POHD believes this case deserves additional inspection by all authorities involved in anti-trafficking issues, particular when so many women and men are found in unacceptable living conditions and without viable work permits. JUMP/POHD is calling for this case to be reviewed by a joint task force including the Department of Labour, Department of Immigration, and DPP. Of particular concern in this case are the employer’s (agent’s) actions, contractual dealing, and employee payments prior to the rescue and during the anti-trafficking investigation. Serious allegations have been conveyed regarding human rights, immigration, and labor law abuses. Jump/POHD is calling for a task force to collectively review this case and thereby provide a thorough and complete report to the Magistrate’s court regarding a situation in which so many women (and men) were in need of rescue.
A police report has also been lodged against the employer and the immigration department for unlawful detention and for the police to intervene and take action under the labor trafficking act.
Penang Office for Human Development
Jaringan Utara Migrasi dan Pelarian