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Contributed by Human Rights Committee

Now more than ever the Bar must recognise that it cannot stand alone in the fight against abuse of power, injustice and impunity. With countless human rights issues to be dealt with on a daily basis, and framed within the backdrop of an information age where technological advances demand speedy interventions as events take place in the blink of an eye, the Human Rights Committee continues to work closely with various activists and non-governmental/civil society organisations. In particular, the Committee seeks to effectively carry out its work by harnessing the expertise of our partners in the spirit of co-operation to achieve similar goals.

In the new ‘Talking Rights’ segment of PRAXIS, the Human Rights Committee speaks to rights advocates on diverse aspects in relation to the human rights agenda and struggle. The inaugural discussion features Cynthia Gabriel who is the former Executive Director of SUARAM (Suara Rakyat Malaysia: www.suaram.net), and now, the Vice-President of the FIDH (International Federation for Human Rights: www.fidh.org). She is also currently working with CARAM Asia (Coordination of Action Research on AIDS & Mobility: www.caramasia.org), a regional organisation based in Kuala Lumpur, working on migration and health issues.

HRC : Let’s talk briefly about your work before CARAM Asia.

CG : I have been engaged in human rights work for more than a decade now; and in Malaysia, I spent much of these years with SUARAM, as a staff member working on the Bakun Dam campaign and the anti-ISA campaign from 1994-96. After a 5-year break to pursue my Masters degree and working elsewhere, I returned as SUARAM’s first Executive Director, for four years until 2004.

After that, I became involved in regional work, and co-founded FORUM ASIA or the Asian Forum for Human Rights and Development, the most recognised regionwide coalition of organisations working on human rights in Asia. I also worked with the International Commission for Jurists on a research project with them on the Malaysian judiciary, and began playing a more active political role in FIDH.

HRC : You have an interesting background: a graduate in Chemistry and a post-graduate in Philosophy. How did you end up doing human rights work?

CG : A famous question! Looking back, the early seeds of my activism were sown during my university days, and the corridors of Chemistry had something to do with it. Looking at the activist movement in Malaysia, I could be among the handful of home-grown activists who graduated from a local varsity, after the University and University Colleges Act came into force.

My sense of natural justice and my curiosity to know more contributed to my initial interest in social issues. In my final year, a rape case allegedly by a Chemistry lecturer on a student had exploded in campus, right during the time when I was completing my thesis. External voices mainly among Penang-based NGOs helped add to the pressure and highlighted the need for greater protection of female students, and for the lecturer to be suspended from his post immediately. It was my first introduction to such a scenario, and before I knew it, I was involved in gaining signatures for a petition that was going around at the time to muster support for justice to be carried out without delay. The Catholic society in university at that time helped serve as platform for me get more involved in social work at the time.

At the outset it would appear that my academic qualifications had little to do with human rights. On the contrary, it got me curiously engaged in issues, and I recall the high-profile case of Bukit Merah being one of them. Residents of a village had taken a multinational company to court for spewing radioactive waste and causing the health of people residing within the vicinity of the area to visibly deteriorate. It seemed that everyone’s interest was mobilised; from doctors, journalists to lawyers. The case helped me realise that my own background in Chemistry had the added value in assisting the understanding of the problem as I volunteered my time with a local consumer organisation working on the issue at the time.

I remember telling myself that I would give myself a year to try out the work at an NGO, and then go back to being a chemist after that. It’s been 12 years since !!

HRC : We hear quite a bit about SUARAM most notably in leading the coalition ‘Abolish ISA Movement’ (AIM). You once led the organisation. Looking back, any regrets?

CG : SUARAM was born in the aftermath of the ‘Operasi Lalang’ crackdown. Friends and family members of the 107 persons detained formed SUARAM with the aim of abolishing the ISA from Malaysia’s law books. Starting off as a group of highly dedicated volunteers, SUARAM worked relentlessly to galvanise support for this campaign. Nobody wanted to talk about the ISA. There was so much fear about what the law could do. From a mere 12 groups in support of the abolishment of the Act back in 1987, we now have 83 members in AIM where SUARAM plays the role of Secretariat.

Leading the leading human rights organisation in Malaysia was a tremendous challenge, and there was never a dull or predictable moment. Born through a product of a struggle, and known for its ability to venture into new and controversial areas that had very few takers, SUARAM continues to be known for its relentless and enduring courage in addressing human rights violations in Malaysia. By the time I assumed the post of Executive Director, the organisation had grown from championing a single issue to taking on a myriad of rights issues ranging from indigenous peoples land rights to police brutality issues.

SUARAM held firmly to the principle of collectivism and gained a reputation of being a moderating force and a coalition builder. It successfully convened the coming together of diverse groups in agreeing on universal human rights standards, and the need for greater protection and promotion of human rights in this country. The Malaysian NGO Charter on Human Rights initiative in 1993, the launch of the first human rights report in 1997 which is now an annual feature, the ‘Gagasan Demokrasi Rakyat’ in 1998 and the AIM campaign, better known today through its Malay acronym, ‘Gerakan Mansuhkan ISA’ in 2001 are examples of SUARAM’s work in strengthening of the NGO movement in Malaysia.

SUARAM members would dive headlong into an issue with full courage and confidence, despite the evident danger ahead, once we knew it was the right thing to do. One clear example was when the ‘Reformasi’ situation exploded before us. I remember the night Anwar Ibrahim was arrested, and scores of others were taken in under the ISA - the SUARAM office was a hub of activity and offered a place of solace for those who didn’t know where else to go for answers. The arduous task of documenting arrests had also begun, drawing in volunteers by the droves.

I grew to recognise that among its many roles SUARAM had engaged in, it provided the much needed space to fill the gaping void - of the lack of discourse and understanding on rights and justice issues.

HRC : SUARAM also published Kua Kia Soong’s controversial book ‘May 13: Declassified Documents on the Malaysian Riots of 1969’ regarding the May 13 tragedy recently.

CG : Kua’s May 13 book is another typical example of the kind of work SUARAM would take on with pride. May 13 is by far the most referred to period of violence in our country’s short history, and yet there hasn’t been any disclosure on the events that transpired. May 13 is like a ghost in our lives. For those who lived through it, they have been made to believe that its better to let sleeping dogs lie. For those of us who were born after May 13, we have never been provided with answers, apart from ‘official versions’, to our questions of what really happened.

With media control and an arsenal of laws at its disposal, the National Alliance government continues to rule with impunity and has strangled whatever room for critical thinking and discourse left in our society.

It is in this context that Kua’s efforts at studying the declassified documents is an incredibly important step in opening up the space and discourse on a subject as purportedly ‘sensitive’ as May 13. SUARAM stepped in to publish the book when the original publishers backed out at the last minute for fear of backlash and governmental pressure.

HRC : Going back to some of your experiences. You once lost a friend while traveling to meet the Penans in the interiors of Sarawak. Did you feel like giving it all up then?

CG : That was back in 1994, when I had just joined SUARAM. We went on a fact-finding mission into the interiors of the Baram river to meet the indigenous Penan people who had complained of abuse by logging companies in their efforts to protect their land.

We were almost reaching our destination when the boat capsized after failing to negotiate the fierce rapids. It was a very dark period in my life. We had all been shaken by the accident, but my heart really sank to learn later that we had lost a teammate and friend to the gushing waters.

Thankfully my reflections didn’t go down the negative path. Instead it instilled in me an awareness so deep - on life - and how fragile it really is, and how important it is to live it fully, while you still have it, so to speak. It was a turning point indeed and strengthened my resolve in working for the cause of justice even more.

I found myself becoming more engaged and led the Bakun dam campaign after that. If the heart wrenching experiences in relation to Sarawak weren’t enough, I found myself on a blacklist of the State Immigration Department. An attempt to enter the state of Sarawak in 2003 resulted in immediate deportation without clear reasons given to me.

HRC : You landed in police lock-up in 1996 during the Asia Pacific Coalition on East Timor (APCET) meeting. What happened?

CG : APCET 2 was an international conference held in Malaysia on peace prospects in East Timor. At the time, East Timor was still under Indonesian rule. Just when the conference was starting, we realised the presence of a growing group of noisy protestors outside the hotel, chanting slogans calling us to stop the conference.

Within minutes we heard loud noises and footsteps leading up to the conference hall, and very hurriedly all the conference participants resisted as much as possible the entry of the mob outside. We couldn’t hold on for long as the mob broke the hotel doors, and with chairs and sticks ran amok and brought the conference to a forceful stop. Many were injured as a result and the police although present in the vicinity only appeared a good half hour later apparently to put out the scuffle. Instead of arresting the attackers, they arrested all local participants at the conference and deported all the foreigners.

We were all sent to the Wangsa Maju police station that night. For many of us, especially those I shared a lock up with, it was our very first experience being arrested. The incident caused so much publicity both locally and internationally. It certainly caused some embarrassing moments with the Malaysian government. It was another pointed experience in my life as I realised more and more that the unbridled powers of the State really needed to be challenged and how important it was to stand up and be counted.

HRC : You once met Aung San Suu Kyi in 2000. Tell us about this.

CG : This was definitely a highlight. It was a mission that I undertook in 1999 to meet the lady herself and record a few comments from her on various world events including a message for SUARAM’s 10th year celebration. It was one of those rare periods that she was not held under house arrest.

We got into Rangoon and met with her special assistant who then confirmed that the meeting would take place at the National League for Democracy (NLD) office in the afternoon. According to the plan, from the meeting we would go straight back to the airport. When we were on our way to the NLD office, I noticed a car following us. When we reached the office, the car stopped across the road. I tried to look confident and walked into the NLD building, knowing fully well that this car will wait for me and probably follow us all the way back to the airport.

After waiting a few minutes, Aung San Suu Kyi appeared ! I couldn’t believe my eyes. I still remember she wore a yellow traditional Burmese dress and looked so flawless - even more beautiful than the pictures we see in the media all the time. She spoke impeccable English and was so poised and articulate throughout the half hour interview that we had. All I could think of was WOW !

When the interview ended, we left the office and true enough were followed all the way to the airport. At the airport we were harassed and subject to a thorough body search, as the authorities were looking for the tape where the interview was conducted. They refused to let us go as they could not find the tape and we almost missed our flight as a result.

HRC : You have been elected Vice-President of FIDH. What does FIDH do, and why did you seek election?

CG : SUARAM is a member of the FIDH, and I first came to know of its work when it conducted a fact-finding mission in Malaysia on Human Rights Defenders back in 2002. FIDH is a very well known human rights organisation. It is also one of the oldest organisations, and takes up a range of issues to be advocated and lobbied at the United Nations Human Rights Council and the European Union. Its strength has always been with French speaking countries, but now broadening its influence in Asia and other English speaking countries.

One of most empowering experiences I have had from being a part of the large FIDH family is the power of international solidarity. It’s easy to feel alone as a human rights defender as very often we find ourselves swimming against the tide, and are constantly subject to possible threats and harassment from the powers that be.

The FIDH sense of togetherness and solidarity has been really powerful, transcending boundaries and language barriers to demonstrate in a real way that human rights is indeed universal, and the struggle for justice be it in Colombia or in Zimbabwe is just as real as that in my own country.

As my involvement deepened, I was invited to play a more active role politically - to take on the responsibility of developing the Asia program and ensure that FIDH is able to contribute in more relevant ways to the realisation of human rights in Asia. My post will lend strength to meet that goal.

HRC : Can you tell us more about CARAM Asia?

CG : CARAM Asia is a regional organisation working on the issue of migration and health. It has been in existence for almost ten years now, but previously existed in Malaysia on a low profile, working with a close group of partners in different countries.

CARAM has since broadened its approach - adopting a new strategic plan, opening up its membership and striving to work through regional responses for the greater protection of migrants and their health rights. I was invited to join CARAM last year to head the regional Secretariat and to execute the new program plan. I have also been tasked to ensure CARAM Asia becomes a leading network of migrant communities and organisations in the region.

We work on several areas. In main is participatory action research where we ensure that migrant voices get reflected in all our campaigns and advocacy work. We focus our work on the most vulnerable of groups and have a big program on domestic workers, and also migrants who are HIV positive as they face added stigma and discrimination.

HRC : After so many years, it seems that you are still highly committed to the cause. What drives you?

CG : The fundamental issue for me is that I am an ‘actualised citizen’, and will actively participate to exercise that democratic right. The problems lie with Malaysian society really and the lack of spaces for that right to be realised.

That’s when advocating for rights can become very political. We are seen as dissenters when actually all that is being done is to offer another point of view. Advocating rights deals with power relations issues and insists on meeting standards, especially for the marginalised and minority sections of society. I find this to be very challenging.

It’s part of life’s journey and a part of discovering life - activism isn’t just a job, for short-term satisfaction. There is still so much to do and am grateful that I am still able to find inspiration in different things that help me go on.

HRC : How do human rights activists generally view lawyers?

CG : Human rights activists often feel that lawyers don’t do enough for the cause of justice. There is only a small group of lawyers that we constantly call upon to work with us on human rights cases and legal representation. There is a wide belief that lawyers should and can do much more to help the cause of human rights.

The legal profession is part of the third pillar of democracy, which is the administration of justice. The Judiciary is the last bastion of hope for individuals to seek justice - an improper and corrupt Judiciary will wipe away efforts at democracy building.

Legal representation for the poor is the most direct way of assistance through legal aid or pro bono work. Teaching and giving para-legal training to non-lawyers could be another. In any case the Bar Council has many committees and programs, and it is hoped that more young lawyers will start taking an interest in human rights issues.

HRC : How can the Bar contribute to human rights?

CG : The Bar Council is an important organisation to help promote and protect human rights. It has come a long way in being a primary advocate for human rights protection and should continue to actively intervene whenever there are human rights violations. I must add that the recent leadership at the Bar have been very encouraging.

The Bar cannot and should not work alone. It has become really strategic for the Bar to work with other human rights organisations that champion the same causes. Most importantly, it is the responsibility of the Bar to widen its pool of sensitised legal professionals to take on human rights and justice work.

With a 12,000 strong membership, there is every expectation that the Bar will be able to produce able lawyers with a rights perspective. More work should also be done with State Bar Committees.

The Bar could also strengthen its work with the Human Rights Commission of Malaysia (SUHAKAM), the Parliamentary Caucus on Human Rights, and lead the push for the various initiatives such as the implementation of the Independent Police Complaints and Misconduct Commission (ICPMC).

HRC : Some parting thoughts?

CG : Human rights work has taught many of us that life isn’t just about myself or my nucleus circle. All of us are connected within a bigger picture, and our individual actions have implications on others. It is an on-going struggle with lifestyle choices. The legal profession is directly connected to the administration of justice. Lawyers are lucky that their professional work can be used to contribute to the work of justice. There is much which can be done, and it is never too late to get involved.

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