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MALACCA, Sat: The Malacca Bar Committee, in collaboration with the NGO, Article 11, organised a forum entitled “Federal Constitution Protection For All” at the Legacy Hotel here yesterday evening.

The moderator for the forum, former Chairman of the Bar Council, R.R. Chelvarajah commenced the forum by stating that the Malaysian Bar of which the Malacca Bar is a part, in its quest for justice, had organised the forum in the earnest desire to protect and assist the public in all matters touching, ancillary or incidental to the law. He also said freedom of religion had been the focal point in a number of litigated cases, and therefore justice and law as involved in these cases had to be explained to the citizenry at a forum of this nature.

The first speaker for the night was Meera Samanther, President of Women’s Aid Organization. Meera sought to give a human face to individuals whose lives had been turned upside down due to certain decisions of the courts. She spoke passionately about the impact of the courts’ ruling in cases such as Shamala, Kamariah Ali, M Moorthy, Nyonya Tahir and Lina Joy. Meera’s presentation was a great start to the forum as the audience was vividly reminded that the issue of freedom of religion is not an academic discussion that provides a mere intellectual gourmet for the evening. It is a real and pressing concern that affects the rights of every Malaysian to profess and practise his own chosen faith.

The second speaker was Prof. Shad Saleem Faruqi, an academician and constitutional law expert. He referred to the Federal Constitution as Malaysia’s document of destiny and examined the issues of Islamic State, hudud laws, deviationism in religion and human rights against the backdrop of the Federal Constitution. He also referred to Article 121 (1A) of the Federal Constitution and stated that the said Article did not provide for the problem of conflict of jurisdiction between the civil court and the Syariah court. He was of the view that the determination of issues pertaining to fundamental rights was within the province of the civil courts and he proposed for a special court to be established or for the High Court to have a Syariah Division.

Next up was Dato’ Dr. Cyrus Das, an experienced and distinguished constitutional lawyer. He spoke about the culture of constitutionalism that places the Constitution at the centre of the administration of our country. He reminded the audience that there could be an erosion of the rights as enshrined in the Constitution without us even noticing it. A cultural redefining and a redrawing of cultural boundaries can take place slowly, silently and imperceptibly. He also spoke against the drive towards conformity that breeds intolerance and leaves no room for dissenting opinions. He concluded with a note on access to justice and in likening it to oxygen, he said we never realised how important it is until it is taken away from us.

The fourth speaker for the night was Malik Imtiaz, another well known constitutional lawyer and Deputy Chairman of the National Human Rights Committee of the Bar Council. Malik, in his usual eloquence and wit, spoke about the Islamisation process in Malaysia and how it had crept forward at a greater pace in recent times. He said there is confusion between the aspirations of some people to make Malaysia an Islamic state and the reality that we are a secular state as provided under the Constitution. He believed that we are at a significant crossroad in the history of our nation and we have to engage in a culture of dialogue and deal with the issues of Islamisation whether in the administration, politics or the judiciary.

The last speaker for the night was Datuk Zaid Ibrahim, the Kota Baru MP and founder of the Malaysian Civil Liberties Society. He jolted the audience with his opening statement, “I think we live in a sick country!” He then entertained the audience with his witty and humorous remarks about race relations in the country, and in particular how the Malays should co-exist with other races in a harmonious spirit. He said Islam should not and will not be threatened by issues of fundamental liberties. He also stressed that intolerance, religious bigotry and excessive nationalism should not be tolerated in a multi racial and multi religious country like ours.

The forum ended with a question and answer session and there was some lively dialogue between the panel of speakers and the audience.

The forum attracted approximately 600 people, which is a respectable figure for a forum held in Malacca. This demonstrates the fact that the issue of freedom of religion is a very pressing concern in our society as it touches on the fundamental facet of being a human, that is, having the right to choose and practise a faith according to the dictates of one’s own conscience.

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