Joint statement by Malaysian NGOs & SMSL (Save Malaysia Stop Lynas)
Replying to the letter of demand issued by Lynas Corporation Australia.
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:
1. Mr Tan Bun Teet, Chairperson
2. Mr Steve Hang, SMSL, Committee member
3. Ms Grace Lee, SMSL, COmmittee member
4. Haji Ismail Abu Bakar, Committee member
NGOs:
1. Pusat Komunikasi Masyarakat (KOMAS)
2. Suara Rakyat Malaysia (SUARAM)
3. Saya Anak Bangsa Malaysia (SABM)
4. Education and Research Association for Consumers (ERA Consumer)
5. Persatuan Masyarakat Selangor dan Wilayah Persekutuan (PERMAS)
6. Persatuan Sahabat Wanita, Selangor
7. Center for Policy Initiatives (CPI)
8. Center for Orang Asli Concerns (COAC)
9. Malaysian Indian Progressive Association (MIPAS)
10. Malaysian Youth CARE Association (PRIHATIN)
11. Federation of Malaysian Indian Organisation (PRIMA)
12. Federation of Volunteers, Malaysia
13. Partners for PEACE, Malaysia (PfPM)
14. Society for Community Welfare and Charity Services (CWCS)
15. Persatuan Perkembangan Kaunseling dan Psikologi Malaysia
16. Malaysian Indian Rights and Transformation Action Team (MITRA)
17. Health Equity Initiatives
18. OHMSI Sdn Bhd
19. Malaysian Physicians for Social Responsibility (MPSR)
20. Lawyers For Liberty (LFL)
21. Kuala Lumpur dan Selangor Chinese Assembly Hall (KLSCAH)
22. Anak Muda Sarawak (AMS)
23. Community Action Network (CAN)
24. Pertubuhan Advokasi Masyarakat Terpinggir Kuala Lumpur dan Selangor (PAMT)
25. Water and Energy Consumer Association of Malaysia (WECAM)
26. All Women's Action Society (AWAM)
27. Solidarity for Civil Rights in China (SCRC)
28. LLG Cultural Development Centre
29. Jaringan Rakyat Tertindas (JERIT)
30. Sinui Pai Nanek Sengik (SPNS)
31. Jaringan Kampung Orang Asli Semenanjung Malaysia (JKOASM)
32. Peoples Service Organisation (PSO)
33. Malaysia Youth and Student Democratic Movement (DEMA)
34. Sarawak Dayak Iban Association (SADIA)
35. Panggau Sarawak
36. PACOS Trust, Sabah
37. Borneo Resources Institute, Malaysia (BRIMAS)
38. Institute for Development of Alternative Living (IDEAL)
39. Malaysians Against Death Penalty and Torture (MADPET)
40. Tenaganita
41. Malaysian Physicians for Social Responsibility
42. Empower
43. Centre for Independent Journalism (CIJ)
44. Women's Aid Organization (WAO)
45. Persatuan Pemuda Hainan Negeri Sembilan
In the letter of demand, the legal attorneyfor 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:
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 bow 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!
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AUSSIE NGOs also step up pressure on Lynas
Lynas chose Malaysia for its rare earths processing: why not Australia?
Anti Nuclear Alliance of Western Australia (ANAWA) claims that Lynas’ massive changes to its plan has resulted in its plant being built in Gebeng where laws are looser and labour is cheaper. The Anti-Nuclear Alliance of Western Australia (ANAWA) has revealed that Lynas Corporation Ltd was supposed to build its plant in Western Australia and not Malaysia.
According to ANAWA, Lynas’ 14-year-old blueprint indicated that the Australian mining giant had orginally planned to build its processing plant in Meenar a decade ago. But until today there had been no signs of any development on the intended site.
ANAWA spokesperson Marcus Atkinson revealed that the orginal approvals were given by the Environmental Protection Authority (EPA) for Lynas to ship rare earth to buyers and confirmed that he had viewed these relevant documents firsthand.
However, he said that Lynas had since made numerous alterations to its operations to the point that its rare earth refinery had now landed in Malaysia. “Instead of transporting processed rare earth, it is now shipping a concentrate which contains thorium and other radioactive material with more heavy metals”.
Atkinson admitted that they had been more focused on Lynas’ operations in Australia until the uproar in Malaysia reached their ears and they realised that Lynas’ had made “massive” changes to its plans.
“Now it involves Malaysia and our moral responsibility,” he said.
“This is a complete change to the original project hence why we are urging the EPA to review Lynas’ approvals.”
Atkinson added that ANAWA and EDO strongly believed that Lynas had chosen to move its operations to Malaysia because of the heavy metals and radioactive waste involved in the processing. “We believe Lynas picked Malaysia to save money and enable it to operate under less stringent laws”. “The biggest concerns about the processing are the storage and waste management issues which are made more difficult in Gebeng which we understand to be wetlands.”
Asked if Lyns would be allowed to operate in the same manner and with the same liberty in Western Australia as in Gebeng, Atkinson firmly replied in the negative.
“There is no way it could operate the way it is in Malaysia over here,” he said. “Australia’s laws are much more stringent.”