|
Committee Members
Edmund Bon Tai Soon (Chair)
Amer Hamzah Bin Arshad (Deputy Chair)
Andrew Khoo Chin Hock (Deputy Chair)
Zarizana Bt Abdul Aziz (Deputy Chair)
Abd Shukor Bin Tokachil
Arumugam a/l Kalimuthu
Augusta Khew Poh Yen
Augustine Anthony
Bernard Francis
Brendan Navin Siva (Kuala Lumpur representative)
Chan Weng Keng
Chew Swee Yoke
Dara Waheda Binti Mohd Rufin (Perak representative)
Darshan Singh Aulakh (Kedah/Perlis representative)
Desmond Ho Chee Cheong
Edward Andrew Saw Keat Leong
Fadiah Nadwa Bt Fikri
Fahri Azzat
Haris Fathillah Sam Sathiasingam
Jahaberdeen Mohamed Yunoos
Janice Toh Sue Lyn
Jaspal Singh Gill (Malacca representative)
Jeyaseelen a/l T. Anthony
K. Mohan a/l K. Kumaran
Kamaliyah Binti Mohd Hafiz
Lee Swee Seng
Lim Fang Say
Lim Yang Yang
Maisurah Binti Wahid
Mathews George a/l George Mathews (Johor representative)
Mogana Das a/l Rajoo
Ng Chek
Nik Elin Zurina Bt Nik Abdul Rashid
Nik Waheeda Bt Nik Kamarulzaman
Noor Arianti Binti Osman
Noor Nirman Hizwar Bin Hussein (Kelantan representative)
Peter Justin Skelchy
Puspanathan a/l Sellam
Puspawati Binti Rosman
R. Pushpamalar a/p P. Ratnam
Renuka a/p T. Balasubramaniam
Richard Wee Thiam Seng
Rizal Bin Chek Hashim (Pahang representative)
Saha Deva a/l A. Arunasalam
Shanmuga a/l A. Kanesalingam
Simranjit Kaur Gill
Sivaneindiren s/o Selvanandam
Sonia a/p Anirudhan
Sunil Lopez a/l Ceaser Lopez
Suraj Singh a/l Jaswant Singh (Selangor representative)
Syamsuriatina Binti Ishak
Tan Peck Yen
Teh Yoke Hooi
Usha Kulasegaran
Yang Pei Keng
Rajen Devaraj
Mohd Rezib Bin Mohamed
Abstract
The Bar’s Human Rights Committee (the Committee) has been in
existence for some time now. Our scope this term expanded when the Bar Council
decided that the work of the Gender and Equal Opportunities Committee, the
Standing Committee for the Promotion of Best Practices by Detaining Authorities
and the Standing Committee on the Elimination of Discrimination be undertaken
from within and as part of the Committee.
Human rights work is diverse and multi-faceted. By virtue of our profession,
every member of the Bar is well-equipped to take an active part in human rights
work, and be an advocate or activist for human rights. It is not an elite
component of legal practice, and neither is it exclusively for litigators only.
Our strengths and skills as lawyers may be holistically channeled to key areas
of action where human rights are concerned, for example, by undertaking
research, drafting policy papers, advocating law reform, monitoring rights
abuses, conducting training programmes and litigating cases.
The Committee believes that human rights lawyers are not born, but are made. As
such, we have during our term primarily sought to increase the level of
awareness and education of rights norms within the Bar, and to encourage and
generate greater interest among members of the Bar in human rights work. Many
new members joined the Committee this term, and there is an encouraging show of
renewed interest in the Bar’s human rights work.
With an ever increasing number of human rights issues being played out in
Malaysia, we have implemented a functional working structure to streamline our
work in an organised fashion. This structure is now found in the Committee’s ‘A
Blueprint for Human Rights’ which contains our terms of reference and charts a
broad framework which would guide the Committee both in the present and for the
years ahead.
Further, we have made a fresh attempt to strengthen and enhance the
effectiveness of State Bar mechanisms in terms of promoting and protecting human
rights. A representative from each State Bar Committee was invited to serve on
the Committee to work with us and generate greater co-operation at both state
and national levels.
While the Committee views 2007/2008 as a ‘stock-taking’ term, much work has been
carried out, and useful interaction and discussions on important issues have
taken place. The Bar stands in good stead at the forefront of human rights
activism in the country, with a strong capacity to discharge our roles and
objects as set out in section 42 of the Legal Profession Act, 1976.
Reports of some of our activities may be accessed here:
http://www.malaysianbar.org.my/human_rights/.
Highlights
At the time of writing (16 January 2008), the Committee has
met on 9 occasions, with its 9th meeting held on 7 December 2007. A report of
some of our work this term follows.
After the inaugural meeting for the new term on 25 April 2007 and the second
meeting on 11 May 2007, the Committee unanimously adopted ‘A Blueprint for Human
Rights’ (see:
http://www.malaysianbar.org.my/human_rights/a_blueprint_for_human_rights.html).
We established 6 working groups to carry out the Committee’s work:
I. Policy & Law Reform Working Group (PLRWG) chaired by Zarizana Bt Abd Aziz
Conducting research in the field of human rights
jurisprudence and law is the core of human rights advocacy. The fruits of such
research not only enlighten us on the state of human rights in Malaysia but also
form the basis of policy papers arguing for, and adopting positions on, human
rights issues. With the information ready at hand, the Bar would be in a strong
position to provide informed recommendations and lobby the appropriate
authorities more persuasively for changes through law reform.
The PLRWG focused on two themes this term: (i) freedom of thought, conscience
and religion and (ii) the adoption and application of international human rights
treaties such as the International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights, the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
and the International Convention on the Elimination of All Forms of Racial
Discrimination. Policy papers on the same are being drafted.
Work started by the Gender and Equal Opportunities Committee to draft a
‘Memorandum to Revise Laws in Contravention of Gender Equality’ is to be
completed soon.
Throughout the term, various meetings were held to provide feedback on the human
rights position on various issues with other Bar Council committees,
governmental agencies and non-governmental organisations.
II. Advocacy & Public Relations Working Group (APRWG) chaired by Andrew Khoo
Chin Hock
Taking our policy positions a step further, the Bar is
well-positioned to organise and provide platforms for discussions on human
rights, and avenues for interaction between stakeholders on rights issues. This
discourse works towards improving understanding, and assists the process of
‘leveling-off’ on various positions taken within the public fora. There is a
further need for the Bar to strengthen and extend our network of working
relationships, and to forge co-operation with other partners such as human
rights bodies and NGOs. We would then be able to achieve better leverage for our
work, and benefit from the sharing of resources. Lobbying efforts through
appropriately structured campaigns are also an important part of advocacy work.
The APRWG focused on implementing the Bar’s resolutions (i.e. issues regarding
the Independent Police Complaints and Misconduct Commission (IPCMC), corporal
punishment, demolition of places of worship and the state of emergency in
Malaysia) adopted at the 61st Annual General Meeting on 17 March 2007.
Further, the APRWG worked with the Human Rights Commission of Malaysia (SUHAKAM)
and the Government to lobby for the establishment of the ASEAN Human Rights
Mechanism. Encouragingly, the ASEAN Charter signed on 20 November 2007
incorporates a human rights body as an organ of ASEAN although its precise ambit
and powers have not been agreed upon. Work in this area will continue.
The Bar Council is a member of the Coalition for the International Criminal
Court (CICC) which is a global network of over 2,000 civil society organisations
supporting the establishment of a fair, effective and independent international
criminal court. Given this, the APRWG led the formation of the Malaysian
Coalition for an International Criminal Court (MyCICC) consisting of more than
12 organisations to encourage the Malaysian Government to ratify the Rome
Statute, the founding treaty of the International Criminal Court (ICC). A
roundtable discussion on the ICC has been proposed to be jointly organised with
SUHAKAM. To raise awareness regarding the ICC, we invited Professor John Cerone
(an international law expert with the New England School of Law, Boston) to
speak on the issue on 27 August 2007.
The APRWG continued to spend time and resources working with and supporting the
activities of the Anti-ISA Movement (GMI) and Article 11 coalitions. We also
took an active part in the 50-44 NGO Coalition on the 50th Merdeka Celebrations
“Remembering the Peoples who Built this Nation” (held on 6-16 September
2007), and with Suara Rakyat Malaysia (SUARAM) and Amnesty International (AI)
co-organised a roundtable on democratisation on 6 September 2007.
Follow-up work on the IPCMC Campaign is being pursued as the proposed Special
Complaints Commission Bill is insufficient to meet the demands for an
independent body to investigate, prosecute and punish misconduct of enforcement
officers. A meeting was held on 14 January 2008 to strategise various
initiatives to revive the IPCMC concept.
After the release of the video recording depicting a lawyer speaking on a
hand-phone regarding judicial appointments, the Bar Council organised the now
historic ‘Walk for Justice’ from the Palace of Justice to the Prime Minister’s
office on 26 September 2007. More than 2,000 lawyers and members of the public
took part in the Walk. Members of the APRWG, with the National Young Lawyers
Committee, assisted in the organisational and logistical aspects of the Walk in
addition to volunteering themselves as marshals to ensure the safety and
discipline of the participants. Thereafter, a t-shirt to commemorate the event
was designed and is being sold by the Bar. A DVD production of the Walk is in
the pipeline.
On 9 December 2007, the Bar’s annual Festival of Rights to commemorate Human
Rights Day on 10 December each year was held. The theme this year was “As I
Believe: Freedom of Expression through Art, Music, Culture and Conscience”.
The event was supposed to have consisted of two parts; the first being a
‘Peoples’ Freedom Walk’ from SOGO Complex to Central Market and the second being
a programme at Central Market consisting of activities for children,
performances by artists and a multi-religious dialogue session titled “When
Faith Meets Law”. The Walk was subsequently called off in the light of general
security considerations in the aftermath of the BERSIH and HINDRAF rallies while
the second part was moved to the Bar Council Auditorium and the open-air car
park adjoining the Bar Council building after the administration of Central
Market insisted that we obtain a permit from the police to use their premises.
On the morning of the Festival, about 80 lawyers, activists and members of the
public walked from SOGO Complex to the Bar Council building to attend the
programme. Members of the Bar, Amer Hamzah Bin Arshad, Sivarasa Rasiah, N.
Surendran and Latheefa Koya were among those arrested.
The Festival was then disrupted at about 12.30pm on account of harassment by
officers from City Hall and the police. City Hall took issue with the setting-up
of booths in the car park as well as the banners strung up on the Bar Council’s
building in connection with the event. The banners were forcibly removed by the
officers from City Hall and in the process, the police arrested Edmund Bon who
was remanded and charged with the obstruction of public officers on 10 December
2007. Amer, Sivarasa, Surendran and Latheefa were also charged on the same day
for several offences relating to their participation in an alleged illegal
gathering.
III. Education & Training Working Group (ETWG) chaired by Zarizana Bt Abd
Aziz
The importance of human rights education and training is
clear. The ‘target’ groups which the Bar should focus on are our members, the
public and the three arms of government - the Legislature, the Executive and the
Judiciary. One objective of human rights education is to establish a culture of
rights in the country such that human rights concepts form part of the nation’s
belief system while empowering role-players and building capacities to carry out
human rights work.
The ETWG focused on educating and training members of the Bar in human rights
norms and practices. The ‘Bringing Human Rights Home’ tour (jointly organised
and co-ordinated with the respective State Bar Committee) commenced on a trial
basis in Sungai Petani, Kedah on 24 February 2007 and on 23 June 2007, headed
south to Johor Bahru. These training programs consisted of not just lectures but
also interactive activities and problem-solving exercises which helped the
participants focus on real-life problems and brainstorm possible solutions. They
provided participants with an overview of human rights and an introduction to
international human rights instruments. Some of the sub-themes which were dealt
with include police powers, the IPCMC, refugees and migrant workers’ issues and
access to justice. Responses to the programmes have been very heartening.
However, the ETWG is hindered from continuing the tour due to funding
constraints. State Bar Committees are encouraged to assist us with regard to
future programmes.
On 4 May 2007, a dialogue with the high-ranking wardens of Kajang prison was
held. A video recording was played to us showing how whipping is carried out,
and it confirmed the Bar’s view that whipping is a cruel and inhumane form of
punishment which should be abolished.
In an effort to increase awareness on issues pertaining to persons of concerned,
a training by Karina Kirana (an attorney with the Boat People SOS Survivor
Services Department) on trafficked persons and refugees was held on 15 May 2007.
The ETWG is pleased to note that the aim to identify and work with 10 new
lawyers able and willing to take up human rights cases and issues has been
achieved.
IV. Complaints & Interventions Strike-Force (CISF) chaired by Amer Hamzah Bin
Arshad
As lawyers, we have a tremendous capacity to seek legal
redress for victims of violations and abuses. We are trained in culling the
facts, analysing the law and utilising the machinery of the justice system to
assist complainants and victims. Given this, the Strike-Force provides redress
interventions through, for example, documentation and monitoring of rights
abuses, litigation of cases and negotiation with the appropriate authorities for
tangible remedies.
The CISF focused on a myriad of cases and complaints forwarded to it including
dealing with the discriminatory ethnic requirements imposed on legal firms which
sought to be on the panels of Maybank and AmBank’s solicitors, intervening in
cases involving refugees (e.g. Sungai Merab and other cases), migrant workers
(e.g. Bangladeshis stranded in the Kuala Lumpur International Airport and other
cases) and urban settlers (e.g. Kampung Berembang and other cases), and
monitoring inquest proceedings by holding a watching brief over cases such as
Ragubathy Muniandy in Sepang and Tharmarajen Subramaniam in Kajang.
Working with the Kuala Lumpur Legal Aid Centre, the CISF provided urgent legal
representation to those who were arrested in respect of the BERSIH (held on 10
November 2007), HINDRAF (held on 25 November 2007) and 9 December 2007
assemblies. For the first time, the CISF mobilised lawyers to document and
monitor public gatherings on behalf of the Bar. The main purpose of this
activity is to provide an impartial and independent report of the events, and to
document instances of abuse, if any, by the authorities. Reports on the BERSIH
and HINDRAF rallies, and the GMI candlelight vigil (held on 5 January 2008) have
been filed with the Bar Council. Our involvement has enhanced the standing of
the Bar in the eyes of civil society, and generated support for our position
that freedom of peaceful assembly is a fundamental human right.
Steps are now being undertaken to secure the release of our members, V.
Ganabatirau, M. Manoharan, R. Kenghadharan and P. Uthayakumar under the Internal
Security Act, 1960.
The CISF handles the bulk of the Committee’s work with numerous cases and
complaints being referred for our attention. As we try to assist as best as we
can, we are nevertheless compelled to decline many cases or simply refer the
same to the Legal Aid Centres because we face severe financial and human
resource limitations. We strongly encourage members to assist the Committee by
volunteering to handle one case or complaint on a pro-bono basis per year.
V. Publications Working Group (PWG) chaired by Brendan Navin Siva
The dissemination of information and ideas regarding human
rights is a foundation from which the Bar will be able to create awareness,
initiate dialogue and mobilise action. Lawyers are, by training, meant to be
fluent in our use of language. Crafting articles, documents or papers for
publication is our forte. More often than not however, human rights literature
are couched in excessive legalism. Our challenge is to connect with the
layperson and draw support for the cause through the use of simple,
easy-to-understand language.
The PWG focused on writing articles for the Committee’s monthly column “Human
Rights and the Law” with the Sun newspaper. A total of 7 articles have been
published since June 2007. Further, articles were sourced and/or written for the
revamped ‘Human Writes’ section of the Bar’s publication, PRAXIS. Members
continued to contribute news reports and comment pieces regarding human rights
issues to the Bar’s website.
The 2nd edition of the popular ‘Red Book’ after recent amendments to the
Criminal Procedure Code were brought into force is being finalised, and will be
published soon.
VI. The Orang Asli Project (OAP) chaired by Augustine Anthony
This Project seeks to provide legal support and assistance to the Orang Asli
communities in Peninsular Malaysia. The communities face numerous problems
particularly in relation to their ancestral lands, and issues of marginalisation
and discrimination are frequently raised with us. We seek to work with the
relevant governmental agencies, non-governmental organisations and the corporate
sector to commence a systematic effort to protect the rights of the indigenous
peoples.
The OAP focused on collaborating with the Orang Asli communities and
non-governmental organisations to assess the problems on the ground. Several
consultations and visits to affected areas were organised to better understand
the issues (e.g. Kampung Chang Sungai Gepai, Perak and other communities).
Given that the Government voted in favour of the Declaration on the Rights of
Indigenous Peoples adopted by the United Nations General Assembly on 13
September 2007, next steps include lobbying the Government to gazette the Orang
Asli communities’ ancestral lands as reserve lands, and to pass legislation
specifically recognising and protecting indigenous rights.
In conclusion, nurturing the development of human rights in Malaysia is a
long-term project commencing with efforts to hasten the process of
norm-building, internalisation and acceptance of human rights. The Committee
seeks to play a part in this process. Nevertheless, the Committee is only as
efficient as the members who constitute it and we welcome every member to
support and contribute to the human rights agenda by serving either on an ad-hoc
or permanent basis with us. We also welcome any suggestions regarding our work.
Any correspondence may be sent by e-mail to
rezib@malaysianbar.org.my for
the consideration of the Committee.
The Committee is extremely grateful to the Council’s Secretariat officers, Rajen
Devaraj and Mohd Rezib Bin Mohamed, who have provided invaluable support to the
Committee in its work throughout the term.
 |
Committees 
Subscribe to this comment's feed
Circular No 023/2012: Talk on ISO 9001 | 2008 Quality Management System Certification
