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Whereas we, the President of the Advocates’ Association of Sarawak, the President of the Sabah Law Association and the Chairman of the Bar Council,

Having convened in Miri, Sarawak on 9 August 2009 for the Annual Tripartite Consultative Meeting 2009,

Welcoming this annual opportunity to convene to confer on issues of mutual interest and concern,

Taking cognisance of the critical role that the Advocates’ Association of Sarawak, the Sabah Law Association and the Bar Council play, individually and collectively, in upholding the Rule of Law and the cause of justice, promoting human rights and defending the principles of democracy, in order to bring about a just and equitable society that is built on equality and free from discrimination,

Reaffirming our commitment to these objectives and resolving to strengthen our efforts towards the realisation of these goals,

Solemnly adopt the Miri Declaration, as follows:

	1.		We affirm the commitment of the Advocates’ Association of Sarawak, the Sabah Law Association and the Bar Council to upholding the provisions and the spirit of the Federal Constitution, the Malaysia Act, the 20-points Agreement and the Inter Governmental Committee Report 1962.   We recognise that these provisions were central to the formation of the Malaysian Federation in 1963, and their provisions safeguard the interests of Sabah and Sarawak.  Accordingly, we respect and reaffirm the special rights accorded to Sabah and Sarawak, as enshrined therein, including the exclusive right of audience before the High Court of Sabah and Sarawak and the appellate courts hearing matters originating from Sabah and Sarawak accorded to advocates of Sabah or Sarawak (as the case may be).
	2.		We affirm the unequivocal commitment of the Advocates’ Association of Sarawak, the Sabah Law Association and the Bar Council to upholding, without fear or favour, the Rule of Law, which encompasses the core principles of supremacy of the law, separation of powers, an independent and impartial judiciary, the right to a fair and public trial without undue delay, and equal access to justice.   While we acknowledge that the legal profession has an integral part to play in the preservation and promotion of the Rule of Law, we call on the Government to lead by example, by upholding the supremacy of the Federal Constitution and defending the Rule of Law.
	3.		We affirm that indigenous peoples are invaluable yet vulnerable communities whose livelihoods, cultures and lands are deserving of our protection, and we are deeply concerned that their needs and rights have been long-neglected.  We note that the majority of indigenous peoples are not able to fully enjoy their fundamental human rights because their traditions, customs and values are being eroded.   We strongly urge the Federal and State Governments to take immediate action to fulfil their fiduciary responsibility to respect, promote and protect the welfare and rights of indigenous peoples pursuant to the United Nations Declaration on the Rights of Indigenous Peoples 2007 and on the basis of free, prior and informed consent, and to ensure that every indigenous person is accorded the full extent of all rights guaranteed under international human rights laws and norms. In particular, we strongly call upon the Federal and State Governments to formally recognise, protect and guarantee the right of indigenous peoples to their ancestral lands throughout the country and to gazette such ancestral lands as reserved areas for them, and if necessary to amend our land laws to achieve the same. We commit the Advocates’ Association of Sarawak, the Sabah Law Association and the Bar Council to take and continue all appropriate and necessary action to assist and empower indigenous peoples in their struggle to promote, protect and exercise their rights under international human rights laws and norms.
	4.		We affirm that the Advocates’ Association of Sarawak, the Sabah Law Association and the Bar Council are categorically opposed to the Internal Security Act 1960 (ISA) and all other laws that allow for the detention of persons without trial, such as the Emergency (Public Order and Prevention of Crime) Ordinance 1969 and Dangerous Drugs (Special Preventive Measures) Act 1985.  Such laws are unconstitutional and oppressive, and violate universal principles of fundamental human rights, the Rule of Law and the principles of a democratic government. There must be a fair balance between legitimate national security concerns and fundamental liberties, which may be struck by the use of the justice system and the due process of law with in-built and entrenched checks and balances.  There are ample provisions under other existing laws that empower the authorities to arrest, remand and investigate alleged offenders while affording necessary safeguards to protect the constitutional rights of accused persons. We strongly call upon the Government to repeal all laws that allow for such detention and to immediately and unconditionally release all persons presently detained without trial, and where appropriate, to prosecute them in a public and fair trial.

We hereby reaffirm our pledge of mutual collaboration in furtherance of the interests of the legal profession as well as the interest of the public, and in ensuring the smooth administration of justice and the preservation of the Rule of Law.

We express our heartfelt appreciation to the Advocates’ Association of Sarawak for hosting this esteemed event in Miri.  



Frank Tang
President
Advocates’ Association of Sarawak

Datuk John Sikayun
President
Sabah Law Association

Ragunath Kesavan
Chairman
Bar Council