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On 28 May 2008, Datuk Zaid Ibrahim, the Minister in the Prime Minister’s Department announced that the Government intends to expand the responsibilities of legal aid officers to clear up backlogged cases in Court.

The BCLAC applauds the Government’s initiative to promote legal aid as part and parcel of the administration of justice as legal aid is undeniably a universally recognized fundamental right of every individual as can be seen in Article 8 of the Federal Constitution, Article 7 of the Universal Declaration of Human Rights under Article 14 (3) (d) and Article 14(3)(d) of International Covenant on Civil and Political Rights (ICCPR).

The BCLAC which is self-funded by the sole contribution of members of the Bar and the handling of all cases is on voluntary basis by dedicated lawyers welcomes the constructive initiative by the Government as to improve the administration of cases that fall within the framework of legal aid.

This move is line with the resolution passed during the National Legal Aid Conference in 2007 that states that the Government is responsible to set up an Independent Legal Aid Scheme which acts as an Independent Public Defender. The Government is responsible to set up and fund the said Scheme in order to promote the object of legal aid and administer cases which fall within the ambit of legal aid.

At present, the Government’s Legal Aid Bureau only focuses on Family, Syariah and Civil Matters and limited Criminal Law matters. It is of equal importance and extreme urgency that the existing scheme be revamped to include all criminal matters as the vulnerability of an individual’s liberty and the protection of one’s liberty as guaranteed by Article 5 of the Federal Constitution should be the main priority of the Government.

Given the increasing number of cases which have been referred to the BCLAC coupled with the scarcity of fund and human resources, The BCLAC urges the Government to immediately take a progressive step forward in ensuring that every person living on Malaysian soil is given the right to legal representation indiscriminately.

The BCLAC affirmatively reiterates that it is upon the Government to formulate and set up an Independent Legal Aid Scheme to act as Public Defenders in the promotion of criminal justice system in this Country which is akin to the existing model in other countries such as the Philippines, India, Pakistan, Canada, Australia, the United Kingdom and Taiwan.

The ongoing efforts and commitment in promoting legal aid have to be enhanced and supported by the Government in order to build a just nation which upholds firmly the principle of social justice.

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