October 24, 2012
Congratulations: Malaysian Bar Council wins United Nations Malaysian Award 2012
Note: Neither Foreign Minister Anifah Aman (who is in Jakarta 
for an ASEAN meeting), Deputy Foreign Minister Kohilan Pillay , Deputy Foreign Minister Datuk Richard Riot Anak Jaem nor Wisma Putra Secretary-General Tan Sri Radzi Abdul Rahman were present at this function.
Deputy Secretary-General II Dato’ Selvin Das was there in stead. He now enjoys the honour of being the lowest ranked Wisma Putra official ever to represent Malaysia at the UN Day function. To boot, he was so diplomatic in Malaysian style (biadab) that he did not return the traditional toast to the United Nations.
Tan Sri Razali Ismail, the first Malaysian to be United Nations General Assembly President who was at the function , was lucid and embarrassed by this display of arrogance and lack of diplomatic courtesy.
I have been reliably informed that this lack of high level representation is because Wisma Putra was not pleased with UN Resident Coordinator Kamal Malhotra’s speech. Mr Malhotra was critical of the Malaysian Budget 2013. Let us hope that there will be some reaction to my comments from Wisma Putra–Din Merican
KUALA LUMPUR, October 24, 2012 – The Malaysian Bar Council was today conferred with the United Nations (UN) Malaysia Award, during ceremonies marking the UN’s 67th anniversary.
The UN Malaysia Award was presented in recognition of the Malaysian Bar Council’s many years of invaluable, courageous and creative work in advancing the cause of democracy and human rights in Malaysia.
(Read the UN Malaysia Award 2012 Citation for Bar Council)
“This tribute is fitting, given the significant and long-standing contribution by the Bar Council in Malaysia to an environment that promotes the protection and effective fulfillment of democracy and human rights, key values embodied in the Universal Declaration of Human Rights,” said Kamal Malhotra, UN Resident Coordinator.
(Read the full UN Day 2012 speech by Mr. Kamal Malhotra).
The UN Malaysia Award has been accorded on the anniversary of the United Nations, (UN Day as it has come to be known) since 1998, in recognition of the outstanding contributions of individuals or organisations toward the promotion of human rights, social justice and equality in the country. The focus of this year’s UN Malaysia Award is on democracy and development.
“The UN Malaysia Award this year recognises that an environment with genuine and independent democratic institutions and practices is essential for fostering long-term security and stability,” said Malhotra. “Such institutions and practices foster and allow for peaceful political dialogue; they create a conducive and legitimate environment for good governance, development, and for meeting basic human needs; and for the promotion and protection of human rights.”
“Democracy has emerged as a cross-cutting issue in the outcome of the major UN conferences and summits since the 1990s, and in internationally-agreed development goals produced by its member States, including the Millennium Development Goals. As UN Secretary General BAN Ki-moon indicated in his public lecture in Kuala Lumpur when he visited Malaysia in March this year, it is also one of the top five priorities for his second term, which began in January 2012,” said Malhotra.
(Read UN Secretary-General’s message for UN Day 2012)
Malhotra added that in November 2007, the UN Secretary-General initiated the development of a strategy for supporting democracy, emphasizing that democracy is inextricably linked to the three pillars of the work of the United Nations – peace and security, development, and human rights.
In presenting the UN Malaysia Award to the Malaysian Bar Council, the UN in Malaysia acknowledges the contribution of the Council in advancing democracy in Malaysia, particularly through its 66-year commitment to guarding the rule of law, defending human rights and public interest, and speaking out against abuse of power by those in authority.
Past recipients of the UN Malaysia Award include individuals, such as Tan Sri Razali Ismail, Datin Paduka Marina Mahathir, and Datuk Dr. Raj Abdul Karim, and organisations, such as Ward 54 of Hospital Sungai Buloh, the Malaysian Armed Forces and the Royal Malaysian Police, and the Center for Orang Asli Concerns (COAC).
The 67th Anniversary of the United Nations was launched by the Deputy Minister of the Ministry of Foreign Affairs, Senator A. Kohilan Pillay.
At the same event, the late Professor Khoo Kay Jin, renowned Malaysian intellectual and social scientist, was posthumously recognised for his years of outstanding service and tireless contributions in the areas of poverty eradication, democratisation and development in Malaysia.
Among his many distinguished roles, Professor Khoo was also the lead author of the UN-Government of Malaysia report on the Millennium Development Goals at 2010, and had worked on a joint UNDP and Economic Planning Unit initiative to identify strategies to eradicate poverty and improve employment and equity restructuring in Sabah and Sarawak.
(Read the UN Malaysia Tribute for the late Professor Khoo Kay Jin).
UN day is celebrated in 189 countries around the world to mark the founding of the organization on the principles of justice, peace, equality and human rights as ratified in its Charter on 24 October 1945.
UN AWARD MALAYSIA 2012
Presented in conjunction with UN Day 2012 Wednesday, 24 October 2012, Kuala Lumpur, Malaysia
Citation for the Malaysian Bar
Throughout its 66-year existence, the Malaysian Bar has admirably fulfilled its role as guardian of the rule of law, and defender of human rights and the public interest in Malaysia. The Malaysian public has come to look to the Malaysian Bar for guidance on what the law is, what the law should be, and what the law must never be.
As a statutory body set up under the Legal Profession Act 1976, the Malaysian Bar is tasked to “uphold the cause of justice without regard to its own interests or that of its Members, uninfluenced by fear or favour”, and to “protect and assist the public in all matters touching ancillary or incidental to the law”.
The Malaysian Bar has been exemplary in discharging its responsibilities. In particular, the Malaysian
Bar has shown unfailing commitment in standing up and unwavering zeal in speaking out against abuse of power by those in authority.
The Malaysian Bar’s history has been marked by opposition to legislation that is draconian and against the interests of justice. In the 1970s it stood against the Essential (Security Cases) Regulations, 1975, that amended the law for the trial of offences against national security, which included changes in the basic rules of evidence and removal of a judge’s discretion in sentencing.
In the early 1980s a contingent of lawyers marched to Parliament House to oppose amendments to the Societies Act, which infringed on the freedom of association and curtailed the self-regulation of registered societies. 42 lawyers were subsequently charged in court for taking part in an unlawful assembly, found guilty,
admonished and discharged.
In the late 1980s the Malaysian Bar protested the Executive’s assault on the independence of the judiciary, which led to the suspension of the Lord President and five judges of the Supreme Court, and which culminated in the dismissal of the Lord President and two judges of the Supreme Court.
Throughout the 1990s and 2000s, the Bar continued to consistently advocate for the independence of the Judiciary, and has persisted in calling for the assertions of judicial misconduct to be investigated, even to the extent of calling for a royal commission of inquiry, to which the government agreed.
One aspect of the Malaysian Bar’s work that sets it distinctively apart from many other law associations is its robust defence of democracy and human rights — particularly civil and political rights — and its intolerance of discrimination.
Since 2000 in particular, the Malaysian Bar has been vocal in promoting the right to freedom of belief, and mutual respect and acceptance of all faiths. The Malaysian Bar has actively engaged with the authorities on proposed amendments to relevant legislation, and provided its views on conflicts of laws issues that face families caught between the separate jurisdictions of civil and Syariah laws. In addition, it has repeatedly called for the open and constructive exchange of views as a means of fostering national unity.
In more recent years the Malaysian Bar has championed the rights of the Orang Asli community, persons with disabilities, and the freedoms of assembly and association. The landmark native title case of Sagong Tasi, which recognised the proprietary interest of the Orang Asli in their ancestral lands, was undertaken completely on a pro bono basis by a team of lawyers from the Malaysian Bar.
The “Walk for Justice” in 2007 and “Walk for Freedom” in 2011 were bold moves to highlight travesties of the administration of justice and rule of law, and to oppose unjust laws. Undeterred by threats, and allegations of political bias, the Malaysian Bar has continuously and unhesitatingly taken a stand in favour of human rights, fundamental freedoms and civil liberties, greater constitutionalism, access to justice, and an independent Bench and Bar.
Through the holding of watching briefs, the Malaysian Bar signals its concern on particular issues, such
as conversion of children; gender discrimination; deaths in custody; the constitutionality of requiring a
police permit for a gathering; sedition; and excessive use of force by law enforcement personnel. The Malaysian Bar has also often been called upon to provide monitors to observe public assemblies organised by other groups.
The Malaysian Bar’s presence at these trials, inquests, inquiries and public assemblies reminds those responsible for the administration of justice in this country that the Bar will not sit idly by where matters of public or national interest are concerned.
Since March 2009, the Malaysian Bar’s ground-breaking MyConstitution Campaign has undertaken a plethora of innovative activities and events throughout the country, in its mission to promote constitutional awareness and constitutionalism amongst Malaysians.
The launch of the National Legal Aid Foundation (Yayasan Bantuan Guaman Kebangsaan) on 25 February 2011 was a significant milestone in the history of the Malaysian Bar’s involvement in ensuring access to justice through the provision of legal aid. The Malaysian Bar is one of the few law associations that run a fairly widespread legal aid scheme funded solely by a levy imposed on all its Members.
Despite the scheme’s existence since 1982, however, many arrested individuals are still unrepresented,as the scheme does not have adequate resources. For many years,theMalaysianBar had lobbied for the establishment of a comprehensive legal aid scheme, and the establishment of the Foundation – which is a collaborative effort with the Government – a momentous step forward in plugging this gap.
The UN in Malaysia has no doubt that the Malaysian Bar will continue to uphold its democratic values and norms and its tradition, and indeed its duty, of speaking up against injustice, and unjust laws and practices.
This award signified the added emphasis on the criticisms by the UN Coordinator earlier directed at the Malaysian government.
@ Din, I remember Pm Najib had proudly exerted that no one, inside or outside of the country, had criticized his budget. Well, of course, I took the honourable Pm’s words at face value – his, that is, which isn’t much to talk about really. The Bar Council deserves the award, but lawyers also wish that the BC would work as hard for its members. The award to the PDRM in the past, however, is a little puzzling to the average Malaysian Jane and Joe though.