Malaysian exiled human rights lawyer Waytha Moorthy will attend the High Court in London on Monday to re-issue his class action lawsuit against the British Government. The 46 year old London-based refugee is claiming the sum of $1m in compensation for each one of Malaysia’s 1.8 million Indians on the grounds that the Government at the time failed to protect them when independence was granted to the former colony in 1957.

Originally launched in 2007, but never heard and now out of time, Waytha Moorthy’s claim is on behalf of Indian Malaysians who he says face appalling human rights abuses and live unprotected and in “continuous colonization” under the rule of the Malay-Muslim majority. This situation is, he argues, the direct legacy of the then British Government who gave the Muslim population special rights and privileges in perpetuity in Article 153 of the Constitution of Malaysia, effectively establishing a system of apartheid which has marginalized Malaysian Indians ever since

“In India, at the time of partition, the British Government gave rights to minorities,” he says. “In Malaysia, minority racial and religious groups were hung out to dry. The result is that 45% of the population is still being marginalised, humiliated and discriminated against when it comes to jobs, education and finance. Indians in Malaysia are suffering great hardship. The British Government needs to take responsibility, apologize, make reparation, and send out a strong message that the way the Malay Government is acting is morally wrong”

Waytha Moorthy is the Chair of HINDRAF, an NGO advocating equal rights for Malaysians of Indian origin. HINDRAF is banned in Malaysia and Waytha Moorthy has been arrested and jailed on numerous occasions. His now 10 year old daughter was also imprisoned when she was 5-years old. Despite the fact a warrant is out for Waytha Moorthy’s arrest on accusations of inciting racial sedition, he intends to relinquish his refugee status and attempt to return to Malaysia with his family once he has lodged his lawsuit, and continue his campaign.

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