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Mr Kimitoshi Yabuki, co-chairman of the conference and member of the Japan Federation of Bar Associations. Mr Shan Theivanthiran, co-chairman of the conference and member of the Bar Council Malaysia, leaders and members of all Bar Associations, Ladies and Gentlemen,

First, selamat datang to all of you to Malaysia and to this timely conference on access to justice.

Ladies and Gentlemen,

Malaysia’s national ideology, the Rukunegara was formulated with the purpose of serving as a guideline in the country’s nation-building efforts. The fourth tenet of this Rukunegara refers to the upholding of the rule of law thus making Malaysia, a nation that is, and must be, grounded on the rule of law. It is the rule of law that provides a stable framework in which society can evolve. The rule of law must of course be distinguished from rule by law. The former is our aim – that no-one is above the law. The latter we view with disdain for where it is rule by law, those in power are above the law. At its heart, the upholding of the rule of law results in a system where every person - regardless of their rank, status or office - is subject to the same law and the same legal and judicial processes. Critical to this is ensuring that every individual has full and free access to the courts of justice. There is little point in having a court system if it only serves the few who can afford it and not the many who are vulnerable and oppressed and who can’t. It is this latter category that really requires the protection of the law and the Courts.

Free access to justice guarantees civil liberties and ensures that any form of injustice is curtailed.

The Legal Profession Act in Malaysia contains an “access to justice provision”. Section 42(1)(h) states that “The purpose of the Malaysian Bar shall be – to make provision for or assist in the promotion of a scheme whereby impecunious persons may be represented by advocates and solicitors”.

In line with this provision, the Bar Council officially set up the first Legal Aid Centre in Kuala Lumpur in 1982. Our system is unique in that these Legal Aid Centres are all fully funded by the lawyers themselves. Each state in Malaysia runs its own legal aid centre. Lawyers render their services to the Legal Aid Centre on a voluntary basis. We have managed these centres for the past 20 years. In the year 2007 alone, we served about 18,000 clients.

The Malaysian Bar runs these Legal Aid Centres alongside the State funded Legal Aid Bureau. The State funded Bureau however has its own limitations in that it does not handle criminal defence work unless there is a guilty plea when they will undertake mitigation. This therefore shuts out a huge number of those in dire need of legal aid when they have been charged for serious offences. The result of this therefore, is that it is to the Legal Aid Centres run by the Bar Council that such criminal defence work is referred.

We are proud of our legal Aid Centres but, we have to admit that we are now feeling the strain. The public depends heavily on these Centres. We believe, and it is our contention that it is the responsibility of the State to provide access to justice to all citizens. A Legal Aid Centre run purely on a voluntary basis will sooner or later find itself having difficulty meeting their needs. We are reaching that stage.

Whilst we look at various other means of providing proper access to justice to every one who needs it, we hope to gain more information by hearing from all the participants here on this important issue. We too have much to share with you.

I am so happy to have seen this conference come to fruition. When Mr Kimitoshi Yabuki proposed this conference to me in Amsterdam earlier this year, I jumped at the chance to host it. But none of this would have been possible without the Japan Federation of Bar Associations who not only organized this conference to its last detail but have almost entirely funded it even bearing the costs of bringing many of the participants here and their accommodation. They have truly done a great service to legal aid and the rule of law. Without their assistance, we could not have hoped to have brought so many of you together. I trust you all will take full advantage of this golden opportunity to exchange ideas and formulate plans to further the important goal of access to justice. Once again, than you, Japan.

At our end, I wish to thank Shan Theivanthiran the other co-chair of this Conference and Adilah who have also worked tirelessly to make this event a success. I notice that Shan celebrated the festival of lights Deepavali with all of you last night when he hosted the welcome reception. May those lights shine on your conference.

With that Ladies and Gentlemen, I leave you with the words of Justice Robert F Uter who said:

"The vibrancy of our Democracy depends upon our willingness to ensure that the fullest range of voices and interests is represented and heard. This is what the fight for equal justice is all about."  — Hon. Robert F. Utter, Retired Justice, Washington State Supreme Court


Dato’ Ambiga Sreenevasan
President
Malaysian Bar

28.10.2008

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