The Bar’s Human Rights Committee has been in existence for some time now. By
virtue of our profession, members of the Bar are well–equipped to take an active
part in the Committee which seeks to uphold, promote and protect human rights as
established by international human rights norms. These norms are underpinned by
notions of justice, equality and liberty. The law plays a large role in giving
effect to the various nuances of these notions.
The considerable resources of the Bar are available for the administration of
the work of all Committees set–up by the Bar Council. If utilised efficiently,
much work can be done. More importantly, through the Bar, our strengths and
skills as lawyers can be channeled to the key areas of action where human rights
are concerned – undertaking research, drafting policy papers, advocating law
reform, monitoring rights abuses, conducting training programmes and litigating
cases – to name a few.
With an increasing number of human rights issues being played out in Malaysia on
a daily basis, it is crucial at the initial stage that a working organisational
structure be put in. The structure should cover the following broad areas:
• Law Reform and Policy
To lead human rights advocacy, it is imperative that the Bar conducts research
in the field of human rights jurisprudence. The fruits of such research not only
enlighten us on the state of human rights in Malaysia but proceeding to the next
step, they form the basis of policy papers arguing for, and adopting positions
on, human rights issues for dissemination. 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.
• Public Relations and Advocacy
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. In tandem with the role of the
Bar as facilitator is the need for the Bar to strengthen and extend its network
of working contacts, and to form alliances and forge co–operation with other
advocates of human rights (e.g. human rights bodies and NGOs) to achieve better
leverage for our work (partly by reducing costs through the sharing of
resources). Lobbying efforts through considered and structured campaigns are
also an important part of advocacy work.
• Education and Training
The need for and the importance of, human rights education and training is
clear. The “target” groups which the Bar should focus on are its own members,
the public and the three arms of government – the legislature, the executive and
the judiciary. The main objective of human rights education is to establish a
culture of rights in the country such that human rights concepts form part of
our belief system. In addition, it should empower role–players in human rights
work.
• Complaints and Redress Interventions
As lawyers, we have a tremendous capacity to seek legal redress for victims of
violations and abuses. We are trained to cull the facts, analyse the law and
work the machinery of the justice system to assist complainants and victims. It
is therefore necessary to step up our redress interventions through, for
example, enhanced documentation of rights abuses, litigation of test cases or
negotiations with the appropriate authorities for tangible remedies.
• Publications
The dissemination of information and ideas regarding human rights is a
cornerstone strategy 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 supposedly our forte. More
often than not however, tracts on human rights 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. Further, there
is a need to “excite” all and sundry of the prospects for reform through human
rights.
What next?
In conclusion, much can be done if we possess the will to walk the extra mile.
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 Human Rights Committee plays an important
part in the process, and is an engine driving the “human rights delivery
mechanism” within the Bar and external of it, in society.
Members are strongly urged to be part of this struggle by joining the Committee
and actively contributing their time, skills and efforts.