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Article

29 Mar 2019

Author:
Maggie Keenan, ELAW

A Victory and the Long Road to Justice in Malaysia

ELAW has worked for years with partners in Malaysia to protect the community of Bukit Koman from a polluting gold mining operation. Villagers conducted environmental surveys to identify contaminants. When Shirly Hue, Vice Chairperson of the Bukit Koman Anti Cyanide Committee, announced the survey results at a press conference, Raub Australian Gold Mining company sued for defamation.
 
Last month, the defamation suit was thrown out...
 
On hearing the ruling, ELAW partner Theivanai Amarthalingam from Friends of the Earth Malaysia wrote:
 
"Sherly Hue is one of the youths of this community who never gave up and continued to fight to the end, knowing well that if she lost, she would have had to pay hundreds of thousands in Malaysian Ringgit in damages and costs. But she had the support of the community all the way and the community shares her victory."
 
The Federal Court recognized the rights of activists to bring issues affecting communities to the attention of authorities, stating:
 
"We must not lose sight of the fact that the existence of activist groups is very much part of today's society, so much so that it is undeniable that they have contributed much to the general well-being of the society at large... We now live in a much more liberal society where the concept of transparency and accountability are very much part and parcel of our lives. Hence the freedom of speech entrenched in our Constitution must be construed in that context."
 

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