Under The Angsana Tree: Civil rights activist charged in Court

SINGAPORE ACTIVIST JOLOVAN WHAM DEFIANT AFTER COURT CHARGES

A Singaporean civil activist facing the prospect of imprisonment for organising small-scale public protests has urged his compatriots to question why peaceful assemblies are criminalised, as rights groups and observers once again piled pressure on the government to dial back its heavy-handed approach with dissenters.

One Singapore politics watcher said the prosecution of Jolovan Wham, one of the ruling People’s Action Party’s (PAP) most vocal critics, was a reminder that the establishment’s intolerance for civil obedience was here to stay even as a leadership change looms ahead in the coming few years.

Wham, 37, was charged in a district court on Wednesday for organising “public assemblies without a police permit” between last November and July – one of which was an indoor forum featuring an address by Hong Kong democracy activist Joshua Wong Chi-fung via Skype.

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Singapore: stop harassment of human rights defender Jolovan Wham

The ICJ today urged the Government of Singapore to end the harassment of human rights defender Jolovan Wham and to amend laws used to restrict his work and the work of other human rights defenders.

Jolovan Wham is to appear at a pre-trial conference on seven criminal charges today. Jolovan Wham is a well-known human rights defender in Singapore who previously worked for a group that advocates for the rights of migrant workers and plays a leading role against the death penalty and the promotion of freedom of expression.

“These charges are not only an impermissible attack on Jolovan Wham individually, but human rights work more generally in Singapore,” said Sam Zarifi, Secretary General of ICJ.

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End Judicial Harassment of Jolovan Wham

The Asian Forum for Human Rights and Development (FORUM-ASIA) strongly condemns the judicial harassment by Singaporean authorities of Jolovan Wham, a pro-democracy civil rights activist. The Attorney-General’s Chambers brought seven charges against Jolovan Wham at the district court level. Among others, he was accused of having violated the Public Order Act by organising a public assembly without a permit.

For years, the draconian Public Order Act has been criticised by civil society organisations across the region for its repressive elements, which have been used to silence the voices of dissent and to crackdown on activities of civil society organisations in Singapore. The law requires organisers to obtain a police permit prior to conducting a public assembly or procession. Not complying with this requirement is punishable by fines of up to 3,715 US Dollars.

On 29 November 2017, Jolovan Wham was charged with seven alleged offenses, specifically three for organising public assemblies without a permit, three for refusing to sign statements to police, and one count of vandalism. The charges stem from three public gatherings he organised. The first one was on 26 November 2016, when Joshua Wong, a prominent pro-democracy activist from Hong Kong, spoke through Skype at an indoor forum on civil disobedience and social movements. Jolovan Wham was charged for failing to obtain a permit for involving a non-Singaporean speaker, as obliged under the Public Order Act.

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“Kill the Chicken to Scare the Monkeys”

Singapore promotes itself as a bustling, modern city-state and a great place to do business. Beneath the slick surface of gleaming high-rises, however, it is a repressive place, where the government severely restricts what can be said, published, performed, read, or watched. Those who criticize the government or the judiciary, or publicly discuss race and religion, frequently find themselves facing criminal investigations and charges, or civil defamation suits and crippling damages. Peaceful public demonstrations and other assemblies are severely limited, and failure to comply with detailed restrictions on what can be said and who can participate in public gatherings frequently results in police investigations and the threat of criminal charges.

The suppression of speech and assembly is not a new phenomenon in Singapore. Leaders of the ruling Peoples’ Action Party (PAP), which has been in power for more than 50 years, have a history of bankrupting opposition politicians through civil defamation suits and jailing them for public protests. Suits against and restrictions on foreign media that report critically on the country have featured regularly since the 1970s and restrictions on public gatherings have been in place since at least 1973.

Although there has been some relaxation in the rules on public assemblies, they remain extraordinarily strict, and restrictions on participation by foreigners have only increased over time. The government has also enacted new regulations to control online media. The government now uses a combination of criminal laws, oppressive regulatory restrictions, access to funding, and civil lawsuits to control and limit critical speech and peaceful protests. And the courts have not provided a significant counterweight to executive and legislative branch overreach.

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Activist Jolovan Wham charged for organising illegal public assemblies

Activist Jolovan Wham charged for organising illegal public assemblies

Jolovan Wham was charged in court on Wednesday (29 November). Photo: Koh Wan Ting

Civil activist Jolovan Wham appeared in court on Wednesday (29 November) to face charges for organising several illegal public assemblies, including a vigil outside Changi Prison and a silent protest on an MRT train. He was also charged with three counts of refusing to sign statements which he had given to the police, and one count of vandalism.

Wham, the former executive director of HOME, a migrant worker advocacy group, faces three counts of organising public assemblies without police permits on three occasions in June, July and November this year.

The 37-year-old, who appeared in court on Wednesday in a red shirt and jeans, did not have a lawyer with him. He told the court that he would “like to seek legal advice”.

related:
Activist Jolovan Wham to be charged for several offences
Police looking into alleged protest on MRT train

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Joint statement by Singapore NGOs on the prosecution of Jolovan Wham

Five non-government organisations; Think Centre, Sayoni, Project X, Singapore Anti-Death Penalty Campaign and Function 8 have come together to issue a joint statement to express their collective grave concerns on this International Human Rights Day, regarding the prosecution of human rights defender, Jolovan Wham.

Wham faces three charges of illegal assembly relating to the following peaceful events:

An indoor forum on activism and democracy, during which Hong Kong activist Joshua Wong skyped in to speak.
A silent protest on an MRT train where a small group of Singaporeans blindfolded themselves while holding up copies of the book “1987: Singapore’s Marxist Conspiracy 30 Years On”.
A vigil outside Changi Prison for a death row inmate who was hanged on the morning of 14 July 2017.

Wham faces three other charges for his refusal to sign 3 statements for each of the above case he made. Jolovan is also being charged with one count of vandalism for temporarily pasting two pieces of paper on a MRT carriage during the silent protest.

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MARUAH Media statement on arrest and prosecution of Jolovan Wham

Civil society activist Jolovan Wham was arrested and charged with organizing public assemblies without a permit, vandalism and refusal to sign statements made to the police. The protests that Mr Wham is charged with leading are well-documented in mainstream and social media, and it is readily apparent that none of them posed a credible threat to public order. Mr Wham’s actions are merely public criticisms of the government’s stance on detention without trial, capital punishment and free speech. It is revealing that in the police press release announcing the arrest of Mr Wham, the police make a great deal of Mr Wham’s “recalcitrance” as if he were a child defying parental authority.

Singapore’s Constitution guarantees citizens of Singapore the right to freedom of speech and expression, and the right to assemble peaceably. Article 19 of the Universal Declaration of Human Rights (UDHR) states “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers” while Article 20 (1) provides that “Everyone has the right to freedom of peaceful assembly and association.”

MARUAH urges the government to drop the charges against Mr Wham and to remove all unnecessary and unreasonable restrictions on the right to free speech, expression, and assembly in Singapore.

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Charges Cast Spotlight on Singapore’s Strict Rules on Public Gatherings

Jolovan Wham, a civil activist in Singapore, was accused of organizing three small gatherings without police permission there in the past year. Credit Edgar Su/Reuters

Prosecutors in Singapore have charged an activist with holding unauthorized public assemblies, which human rights groups have criticized as an excessive restriction on free speech.

Jolovan Wham, 37, was accused of organizing three small gatherings over the past year, including one that featured Joshua Wong, the Hong Kong democracy advocate, speaking by Skype. The authorities say Mr. Wham did not receive a police permit for the gatherings, a violation of the city-state’s Public Order Act that is punishable by fines of up to $3,715 for a first offense.

Singapore has strict limits on speech and unauthorized public assembly, even for political gatherings that are small and peaceful. Free speech organizations say such laws are far too harsh. “Prosecuting Jolovan Wham for holding peaceful gatherings demonstrates the absurdity of Singapore’s laws on public assemblies and the government’s willingness to penalize those who speak out,” Phil Robertson, deputy Asia director of Human Rights Watch, said in a statement. “The Singapore government should start listening to criticism, stop treating peaceful assemblies as crimes and cease prosecuting their organizers.”

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Judicial harassment against Jolovan Wham and eight other peaceful demonstrators

The Observatory has been informed by reliable sources about the judicial harassment against Mr. Jolovan Wham, social worker, human rights advocate, and former Executive Director of the NGO Humanitarian Organisation for Migration Economics (HOME), and eight other activists for the exercise of their right to peaceful assembly. According to the information received, on November 28, 2017, Mr. Jolovan Whan was detained at the Central Police Station in Singapore, and released on bail later that day. On November 29, 2017, the State Court charged Mr. Jolovan Wham with: 1) “organising public assemblies without a permit”, under the Public Order Act (three charges); 2) “vandalism”, under the Vandalism Act (one charge); and 3) “refusing to sign statements”, under Article 180 of the Criminal Code (three charges). The seven charges are related to three peaceful gatherings held by various activists, including Mr. Jolovan Wham, in Singapore between November 2016 and July 2017 without obtaining prior permission from the police.

Under Article 16(1)(a) of the Public Order Act, organising a public assembly without obtaining police permit is an offense that is punishable with fines of up to SGD 5,000 (approx. 3,140 Euros). Repeat offenders can be fined up to SGD 10,000 (approx. 6,280 Euros) or imprisoned for up to six months, or both. Under Article 3 of the Vandalism Act, the offence of vandalism is punishable with a fine not exceeding SGD 2,000 (approx. 1256 Euros) or imprisonment not exceeding three years.

The three peaceful gatherings from which the charges under the Public Order Act stem were: 1) a forum to discuss civil disobedience and social movement (held on November 26, 2016); 2) a silent protest on a Mass Rapid Transport (MRT) train to mark the 30th anniversary of the detention without trial of 22 people under the draconian Internal Security Act (ISA) as part of Operation Spectrum in May-June 1987 (held on June 3, 2017); and (3) a candlelight vigil outside Changi Prison to support the family of Prabagaran Srivijayan, a Malaysian national, awaiting execution for drug trafficking (held on July 13, 2017). Moreover, on December 5, 2017, eight other activists who took part in the three above-referenced peaceful assemblies reported themselves voluntarily to the police and were given warnings that may be facing charges should they participate in other gatherings.

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Judicial harassment against Mr. Jolovan Wham and eight other activists

The Observatory has been informed by reliable sources about the judicial harassment against Mr. Jolovan Wham, social worker, human rights advocate, and former Executive Director of the NGO Humanitarian Organisation for Migration Economics (HOME), and eight other activists for the exercise of their right to peaceful assembly.

According to the information received, on November 28, 2017, Mr. Jolovan Whan was detained at the Central Police Station in Singapore, and released on bail later that day.

On November 29, 2017, the State Court charged Mr. Jolovan Wham with: 1) "organising public assemblies without a permit", under the Public Order Act (three charges); 2) "vandalism", under the Vandalism Act (one charge); and 3) "refusing to sign statements", under Article 180 of the Criminal Code (three charges). The seven charges are related to three peaceful gatherings held by various activists, including Mr. Jolovan Wham, in Singapore between November 2016 and July 2017 without obtaining prior permission from the police.

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Drop Case Against Peaceful Protester

Singapore authorities should drop the case against activist Jolovan Wham for holding three public gatherings in the city-state, Human Rights Watch said today. Authorities are expected to charge Wham on November 29, 2017 with three counts of organizing a public assembly without a police permit and one count of vandalism.

“Prosecuting Jolovan Wham for holding peaceful gatherings demonstrates the absurdity of Singapore’s laws on public assemblies and the government’s willingness to penalize those who speak out,” said Phil Robertson, deputy Asia director. “The Singapore government should start listening to criticism, stop treating peaceful assemblies as crimes, and cease prosecuting their organizers.”

Singapore’s draconian Public Order Act requires a police permit for any “cause-related” assembly that is held in a public place, or to which the public is invited. Organizing or participating in a protest without a permit is a criminal offense, even if the protest was peaceful and did not disrupt public order. The law covers not just outdoor gatherings, but also those held indoors if they are in a place open to the public, or if the public is invited.

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Jolovan Wham issued stern warning by the police for misuse of national flag

Activist Jolovan Wham was issued with a stern warning for the use of the Singapore flag at an event in Hong Lim Park that he organised last year. (Foto: AFP/Roslan Rahman)

Activist Jolovan Wham Kwok Han has been issued with a stern warning for the use of the Singapore flag at an event in Hong Lim Park that he organised last year.

In a FaceBook post on Tuesday (Dec 5), Wham uploaded 2 photos of a warning letter he received from the police, in connection with an event held in solidarity with the Malaysian Bersih movement on Nov 13, 2016. The letter said that the police had concluded investigations into 3 offences committed by Wham – allowing a Singapore flag to touch the ground, displaying national emblems in public & refusing to sign a statement.

The letter also clarified that the stern warning does not amount to a finding of guilt or a conviction for an offence, or that Wham has a criminal record of the offences. It also added that should Wham commit any offence in the future, “the same leniency may not be shown towards you”.

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Civil rights activist Jolovan Wham charged with organising public assemblies without permit and vandalism

On Wed, civil rights activist Jolovan Wham Kwok Han (centre) was charged with 7 offences including one count of vandalism.ST PHOTO: WONG KWAI CHOW

Civil rights activist Jolovan Wham Kwok Han, 37, was hauled to court on Wed (Nov 29) to face seven charges, including one count of vandalism.

Wham, who is the former executive director of migrant worker advocacy group Humanitarian Organisation for Migration Economics, was also charged with 3 counts each of organising a public assembly without permit & refusing to sign police statements.

On Nov 26 last year, he allegedly organised a public assembly without a permit at The Agora on the 3rd storey of Midview City shopping mall in Sin Ming Lane near Upper Thomson Road.

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Singapore activist Jolovan Wham to be charged over prison vigil

Civil activist Jolovan Wham, 37, will be charged in court today for organising public assemblies without permits, vandalism, as well as refusing to sign police statements, the police said in a media release yesterday.

Wham, who is the former executive director of HOME, a migrant worker help group, is alleged to have organised a vigil outside Changi Prison Complex on July 13. The police said that he had created a Facebook event to solicit for participants, and had stated that he did not get a permit for it. Wham, and 16 others, were subsequently investigated for their roles in the assembly.

A month earlier, he organised a silent protest on a MRT train — again without police permit. He had also allegedly pasted two pieces of paper on a train panel, an act of vandalism which he will be charged for. On November 26 last year, Wham organised another public assembly without a police permit.

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Migrant worker rights activist Jolovan Wham charged with vandalism & organising public assemblies without permit

Civil rights activist Jolovan Wham Kwok Han, 37, was hauled to court to face seven charges, including one count of vandalism.

Wham, who is the former executive director of migrant worker advocacy group Humanitarian Organisation for Migration Economics, was also charged with three counts each of organising a public assembly without permit and refusing to sign police statements.

On Nov 26 last year, he allegedly organised a public assembly without a permit at The Agora. Wham is said to have organised the event to publicise the cause of "civil disobedience and democracy in social change".

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What should Singapore do about Operation Spectrum?

We at Illusio disagree with Jolovan Wham's train protest, on the grounds that even activists and protesters in the liberal West know better than to stage a protest inside a train.

Assuming Wham had staged the protest to highlight the issue of Singapore's Internal Security Act and the infamy of 1987's Operation Spectrum, it is disappointing that after getting the book thrown at him, the coordinated response from his circle of activists has been to highlight his "veteran advocacy" for domestic workers and put him up as a poster boy for free speech and assembly.

You know, do everything but highlight the issue of Singapore's Internal Security Act and the infamy of Operation Spectrum? As though it was a useful pretext that once raised, is never mentioned again?

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International Human Rights Day commemoration in Singapore

For those of us who have gone through 1987, we know that what is happening today to Jolovan Wham and his friends is a repeat of those dark days. The government may spare Jolovan and others from the ISA for now. But we do not know for how long.

For civil society society to survive, unity and resistance is the only solution. Opposition parties which have been assisted by civil society in the past need to pay attention to what is happening to civil society today. It is time that they come to the aid of civil society. Raise injustice in parliament.

Forget about the warning of Lee Kuan Yew that political parties cannot be seen with civil society. He is dead. His intent was to divide and rule. He succeeded in the 1980s with this tactic. But if the opposition remain in their cocoons and refuse to aid civil society today, it will spell the end for all. Singapore will return to the dark age.

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Human Rights Day 2017

Human Rights Day is observed every year on 10 December. It commemorates the day on which, in 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights. In 1950, the Assembly passed resolution 423 (V), inviting all States and interested organizations to observe 10 December of each year as Human Rights Day.

This year, Human Rights Day calls on everyone to stand up for someone's rights! Many of us are fearful about the way the world is heading. Disrespect for basic human rights continues to be wide-spread in all parts of the globe. Extremist movements subject people to horrific violence. Messages of intolerance and hatred prey on our fears. Humane values are under attack.

We must reaffirm our common humanity. Wherever we are, we can make a real difference. In the street, in school, at work, in public transport; in the voting booth, on social media.

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Police investigating MRT ‘silent’ protest

Activists in Singapore stage silent protest to commemorate 30-year anniversary of Operation Spectrum. Image via Jolovan Wham

SINGAPOREAN police are investigating a “silent” protest which reportedly took place on a Mass Rail Transit (MRT) train on Saturday, local reports said.

According to Channel News Asia, the authorities confirmed they were looking into the case after a police report was lodged on the matter.

On Saturday, a group of demonstrators reportedly gathered in an MRT train to protest against a series of arrests and detentions that took place 30 years ago under the Internal Security Act.

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1987: Untracing the Conspiracy

Debunking a 30-year-old Conspiracy

30 years on, details of the Internal Security arrests codenamed Operation Spectrum have only just come to light, first in Teo Soh Lung’s book, Beyond the Blue Gate, and more recently, in Jason Soo’s film, 1987: Untracing the Conspiracy.

The documentary can be viewed on Youtube.

On the 30th anniversary of this event which had a chilling effect on Singapore’s civil society, we would like to invite you to join us in an endeavor for restorative justice and reconciliation.

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To Singapore, with Love 星国恋

Sitting on a porch in Kuala Lumpur, Dr. Ang Swee Chai recalls that in 1977, when her husband Francis Khoo’s arrest was imminent, she had suggested that they get married – “that way I could at least visit him in jail”. Soon after their swift wedding, amidst threat of arrest and indefinite incarceration, they fled Singapore. Decades later, reality loomed. “It dawned on me that I was going to die alone in London… I want to be in 100A Upper Serangoon Road,” she says softly. Swee Chai has returned to Singapore just once — on a single-entry permit, carrying her husband’s ashes.

The men and women in Tan Pin Pin’s To Singapore, with Love are courteous in their painful recounting of the circumstances that forced them to leave their country of birth – four, maybe five decades ago. They instantly remember their dates of departure – long ago now. Their stories are factual, fragile and yet wistful. A lifetime of pent up yearning and loss has surprisingly not left them despondent. The grace and detail of their spirited, candid narratives taped conversationally at home, on streets and in offices, make this film intimate and engaging. True to Ms. Pin’s oeuvre, there are no gratuitous mood shots in this film; superfluous music is not necessary to pull at our heartstrings – the clear, penetrating words suffice.

“I knew that they had to get rid of me,” says the professorial, Oxford educated lawyer Tan Wah Piow, in a matter-of fact tone. He left Singapore after serving a jail term of one-year for blowing the whistle on what what he perceived as gross labour injustice. During that time he saw the forcible and complete dismantling of the university student union he had been an integral part of.

16/12/2017

Civil rights activist charged in Court