Charles Hector Fernandez

"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."

- 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]

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]

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]

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.

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.

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 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.

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.

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.

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]

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.

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

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.

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

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