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by fathilullail
on 11/4/12
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Joint statement by Malaysian #NGOs & SMSL (Save Malaysia Stop #Lynas) Replying to the letter of demand issued by Lynas Corporation dated April 10, 2012 | #Malaysia

We the NGOs together with SMSL would like to inform the members of the media and the Malaysian public that Lynas Corporation Ltd Australia has issued a letter of demand to the following recipients:

SMSL:
Mr Tan Bun Teet, Chairperson
Mr Steve Hang, SMSL, Committee member
Ms. Grace Lee, SMSL, Committee member
Haji Ismail Abu Bakar, Committee member

NGOs:
Pusat Komunikasi Masyarakat (KOMAS)
Suara Rakyat Malaysia (SUARAM)
Saya Anak Bangsa Malaysia (SABM)
Education and Research Association for Consumers (ERA Consumer)
Persatuan Masyarakat Selangor dan Wilayah Persekutuan (PERMAS)
Persatuan Sahabat Wanita, Selangor
Center Policy Initiative (CPI)
Center for Orang Asli Concerns (COAC)
Malaysian Indian Progressive Association (MIPAS)
Malaysian Youth CARE Association (PRIHATIN)
Federation of Malaysian Indian Organisation (PRIMA)
Federation of Volunteers, Malaysia
Partners for PEACE, Malaysia (PfPM)
Society for Community Welfare and Charity Services (CWCS)
Persatuan Perkembangan Kaunseling dan Psikologi Malaysia
Malaysian Indian Rights and Transformation Action Team (MITRA)
Health Equity Initiatives
OHMSI Sdn Bhd
Malaysian Physicians for Social Responsibility (MPSR)
Lawyers For Liberty (LFL)
Kuala Lumpur dan Selangor Chinese Assembly Hall (KLSCAH)
Anak Muda Sarawak (AMS)
Community Action Network (CAN)
Pertubuhan Advokasi Masyarakat Terpinggir Kuala Lumpur dan Selangor (PAMT)
Water and Energy Consumer Association of Malaysia (WECAM)
All Women's Action Society (AWAM)
Solidarity for Civil Rights in China (SCRC)
LLG Cultural Development Centre
Jaringan Rakyat Tertindas (JERIT)
Sinui Pai Nanek Sengik (SPNS)
Jaringan Kampung Orang Asli Semenanjung Malaysia (JKOASM)
Peoples Service Organisation (PSO)
Malaysia Youth and Student Democratic Movement (DEMA)
Sarawak Dayak Iban Association (SADIA)
Panggau Sarawak
PACOS Trust, Sabah
Borneo Resources Institute, Malaysia (BRIMAS)
Institute for Development of Alternative Living (IDEAL)
Malaysians Against Death Penalty and Torture (MADPET)
Tenaganita
Malaysian Physicians for Social Responsibility
Empower
Centre for Independent Journalism (CIJ)
Women's Aid Organization (WAO)
Persatuan Pemuda Hainan Negeri Sembilan

In the letter of demand, the legal attorney for Lynas Corporation Jeff Wong, Poon & Leong Associates and Solicitors in their 15 page letter tries to defend the points raised in our Joint statement in the form of a letter to the Malaysian Prime Minister Najib Tun Razak issued on March 22, 2012.
In Lynas’ letter of demand, point no.6 stated as follows:


6 We write therefore to demand that, within seven (7) days upon receipt of this letter:
(a) You will completely remove the offending Statements from SMSL or any other forum, blogspots, website or publication which you own, operate and or control;
(b) You will individually or jointly issue to Lynas or to us as their solicitors a written assurance that you will not individually or jointly further publish in this or any similar article concernin Lynas or make such defamatory Statements in any article which you individually and jointly or severally, your employees and or your agents may cause to be published;
(c) You will publish in SMSL found at http;//savemalaysia-stoplynas.blogspot.com.au/ in prominent lettering an apology in terms to be approved by us. You will in addition publisht an article by way of contradiction the factual inaccuracies in your Article, which has been outlined in paragraph 5 above;
(d) You will individual or jointly cause to be advertised an apology printed in a half page advertisement in a main stream Malaysia newspaper, at your cost;
(e) You will jointly undertake to pay to Lynas damages for injury to its reputation and for loss of goodwill caused by your publication of the Article; and
(f) You will jointly indemnify Lynas in respect of the costs which it would have incurred in this matter


We the NGOs who endorsed our previous letter-statement would like to inform the members of the Media and all concerned Malaysian citizens that we will not bow down to such intimidation tactics of a big giant corporation like Lynas.

Not only that we concerned citizens of Malaysia and representatives of the various NGOs will not back down on our stance upon receiving Lynas’ legal threat, it has actually helped to strengthen our resolve to fight harder to protect Malaysia’s interests and basic human rights against the aggression of Lynas’ Corporation. We have a moral duty and social responsibility to right the wrongs that have been dealt by Lynas upon our shore through its rare earth refinery project and we will stand firm and united to stop it.

We are also aware that under Australia’s Uniform Defamation Law, corporations with 10 or more employees cannot sue; and also that individuals can be “defamed but not companies. In issuing this letter of demand to a broad base of civil society groups in Malaysia, Lynas Corp is taking advantage of Malaysian laws on defamation which also falls short of international standards.

If Lynas is genuine and sincere in its claim that it is following international standard, it would have respected the basic democratic rights of Malaysians to free speech especially when public interest is at stake in this case. Instead Lynas Corporation seems to be trying to silence the truth by flexing its muscle with its power, money and expensive lawyers. Let us remind you about the famous story of “David and the Goliath” where the giant goliath was ultimately defeated by the true and noble David, who used his wits and courage to withstand the onslaught of the giant Goliath who thought he was so powerful and strong.

In that same spirit we will continue to pursue our struggle to stop Lynas Corporation from its operation on this land for the sake of our lives and environment. The Malaysian people will not cow to intimidation tactics by big bully corporations especially those that have a lot to hide, and continue to peddle half truths and lies to deceive the people. Take your poison away from this land and do not pollute our earth, sky and seas.

TODAY WE CALL UPON ALL CITIZEN GROUPS, NGOS & CIVIL SOCIETY MOVEMENTS TO CONTINUE TO STRUGGLE FOR A “LYNAS-FREE” MALAYSIA! STOP LYNAS NOW!

For more info please contact:
1) SMSL chairperson Mr Tan Bun Teet 0179730576
2) KOMAS Exec Director Tan Jo Han 0192145451