Charles Hector Fernandez (Redirected from Charles Hector)

Charles Hector Fernandez
Born (1971-07-04) July 4, 1971 (age 48)
NationalityMalaysian
Other namesCharles Hector
EducationBachelor of Law
Alma materUniversity of London
Occupationlawyer, activist
Known fora Malaysian human rights advocate

Charles Hector Fernandez (born 4 July 1971) is a Malaysian human rights advocate and activist.

Early life

He was born in Temerloh, Temerloh District, Pahang, Malaysia, on 4 July 1971. His primary schooling was in Sekolah Rendah Jalan Bahagia, Temerloh. His lower secondary educadion was in Sekolah Menengah Rendah Jalan Bahagia (Form 1-3), and thereafter Sekolah Menengah Abu Bakar (Form 4-5). He then continued his upper secondary education in Sekolah Sultan Abu Bakar, Kuantan, Pahang during which he also held the position of President of the Sixth Form Society.

After that, he was admitted to University of Malaya, where he pursued a bachelor's degree in Science (Genetics). He was elected into the University of Malaya Students Union, and held the position of Welfare Secretary.He was also a founder member of the Social Service Club (Persatuan Perkhidmatan Masyarakat) - an initiative of unifying students irrespective of racial, religious and political differences.

After graduation he worked with the National Office for Human Development, then SUARAM and thereafter has been a lawyer. In 1993, he was instrumental in developing and getting "The Malaysian Human Rights Charter" which was by adopted by some 50 NGOS in 1993.

In 1994, he obtained his Bachelor of Law (LLB) from University of London, and Certificate of Legal Practice in 1995. He was called to the Bar in October 1996. He has been a practicing lawyer since.

Malaysian Bar

He was called to the Malaysian Bar in 1996. He was instrumental in developing the Malaysian Bar Legal Aid Dock-Brief programme. The Dock Brief programme was developed to ensure that all those brought to court to be charged, who do not yet have a lawyer, do receive free legal advice and legal representation. If the accused plead guilty, they will be assisted with regards to mitigation. And if they do claim trial, then they will be assisted with regard to bail applications.

Fernandez, in his second attempt, was elected a member of the Bar Council 2005/2006. He was the Chairman of the committee for the elimination of discrimination 2005 - 2007.

Fernandez has been instrumental in moving the Bar to be more involved in a variety of human rights issues, which has been done also by the moving of Motions that were discussed and passed as Bar Resolutions.Amongst which are the following that have been adopted as Resolutions of the Malaysian Bar are:-

- Motion on Elimination of All Forms of Discrimination(22/10/2005) [1]

- Motion on Abolishment of the Death Penalty (18/3/2006) [2]

- Motion for withdrawal of Emergency Proclamations, and repeal of laws enacted under such Proclamations like Emergency (Public Order and Prevention of Crime) Ordinance 1969 and the Essential (Security Cases) Regulations 1975, against torture and other matters related(17/3/2007) [3]

- Resolution on maintaining a just employment relationship, worker and trade union rights in Malaysia (27/2/2012) [4]

- Resolution for the Provision of Legal Aid and Assistance to Workers (20/3/2015) [5]

  • These Resolutions, adopted by members at an AGM, direct the work and the positions taken by the Malaysian Bar, and as such as resulted greater involvement of the Bar on a wider variety of issues and concerns.

Human rights defender

As a human rights activist, Fernandez has been involved in a wide range of human rights concerns including freedom of assembly,urban settler rights, worker and trade union rights, women rights, indigenous peoples rights, land rights, administration of justice and also migrant/refugee rights.

Fernandez is also one of the coordinators of the Malaysians Against Death Penalty & Torture (MADPET) together with N. Surendran and Salbiah Ahmad. MADPET is also currently a member of ADPAN.[6] Fernandez was a member of ADPAN(Anti Death Penalty Asia Network)'s Transition Group when it became an independent and democratic Network, and he also served as a member of the first elected executive committee(2014-2016).[7]

Fernandez was also in the secretariat for the Campaign for the release of about 106 persons who were arrested under the Internal Security Act (Malaysia) in October 1987 known as Operation Lalang, and also the campaign for release of those arrested in Singapore under Operation Spectrum.

Fernandez was involved in the development of [SUARAM], whereby he was also the 2nd coordinator after Julian Jeyaseelan. He was involved in the initiative to develop a Malaysian Human Rights Charter, realizing that there was no common understanding and position about human rights in Malaysi amongst the many different human rights groups, NGOs and political parties. The process involved a questionnaire on various aspects of human rights in Malaysia was distributed to about 450 Malaysian organizations for feedbacks. As the result, the Malaysian Human Rights Charter 1993 was produced and endorsed by some 50 NGOs which include human rights organizations, trade unions, academic bodies, women’s groups, environmental organizations, consumer associations and other non-state sectors. [In May 1999, another initiative to develop further the Charter, but sadly this process ended with the endorsement of much lesser groups - making the 1993 Charter(printed and published in 1994), the more important document that saw the endorsement of the more than 50 groups]

He is also founder member of the Society for Christian Reflection (SCR) and Pusat KOMAS. He was also the treasurer of the National Human Rights Society(HAKAM)for four years. He is also a member of JUST and ALIRAN

Fernandez was also involved in the production of the 1st Human Rights Education Pack (HRE Pack) for the Asia-Pacific region, which was published be the Asia-Pacific Regional Resource Center for Human Rights Education (ARRC) in 1995. He was also then a Council member of ARRC.

Charles Hector Fernandez is also a steering committee member of GoodElectronics Network, and is also active in Clean Clothes Campaign.

HRD sued by Japanese MNC

On 14/2/2011, Fernandez was sued for RM10 million (USD3.2 million) by a Japanese MNC, Asahi Kosei, in Malaysia for highlighting alleged human rights violations affecting some 30 Burmese migrant workers who were workers at the said company's factories. Asahi Kosei says that it is not responsible for these workers and all that happened to them by reason that these workers were not their 'employees' - but were workers supplied by an 'outsourcing agent'(a labour/manpower supplier). The threat and the suit against this Human Rights Defender resulted in great protest from all quarters, both nationally and internationally. This issue was also raised in the UK Parliament, and the trial was closely monitored by the European Unions and many other countries. On 25/8/2011, the case was settled. Fernandez was also nominated for the inaugural SUHAKAM's Human Rights Award in 2011.

Investigated for sedition - 2016

On 31 March 2016 Charles Hector Fernandez, together with Francis Pereira and R. Shanmugam was called up by Polis DiRaja Malaysia (“PDRM”) to be present at the Bukit Aman police station for investigation under the Sedition Act, in connection with the “Motion on the Attorney General, Public Prosecutor and Improvement of Public Perspective of Administration of Justice in Malaysia”, that was tabled at the 70th Annual General Meeting of the Malaysian Bar held on 19 March 2016, and which was adopted by an overwhelming majority. The police also called on the Bar's Secretary, Ms Karen Cheah to be present [8]

"We are still committed to upholding the course of justice, no amount of harassment or intimidation will stop us because ultimately, our position is that as lawyer and a member of the Bar, we have a right and also a duty, and an obligation, to uphold the cause of justice and bring about reforms to the cause of justice...It’s not just the obligation of lawyers but of each Malaysian to improve things."[1]

The case has yet to be dropped, even though there has been no apparent further action on the part of the police and/or the prosecutors.

References

  1. ^ "Malay Mail, 31/3/2016".

Sources


This page was last updated at 2021-05-24 09:25 UTC. Update now. View original page.

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