LAWASIA Support for Malaysian Bar’s Walk for Peace and Freedom

LAWASIA, the Law Association for Asia and the Pacific, notes the resolution of the Malaysian Bar at its Extraordinary General Meeting of 19 September to arrange a peaceful public protest by its members against the continued use of the Sedition Act 1948. 

It is strongly supportive of this and other ongoing efforts of Malaysian Bar members to advocate for the repeal of this Act, and to call for the immediate withdrawal of criminal charges against all persons currently facing prosecutions. 

LAWASIA expresses its deep concern that the use of the Sedition Act by the authorities in Malaysia has become a tool to suppress legitimate dissent and to curtail universal human rights, especially that of freedom of speech. It is further concerned at allegations that the Act is being used in a discriminatory way, so that only those who are viewed as critical of the government are subject to investigation and prosecution under its powers.

In expressing its support of the forthcoming Walk for Peace and Freedom by Malaysian Bar members, LAWASIA observes that Malaysian Bar action is in complete synergy with requirements of lawyers under the Legal Profession Act 1976 :

to uphold the cause of justice without regard to its own interests or that of its members, uninfluenced by fear or favour;

where requested to do so, to express its view on matters affecting legislation and the administration and practice of law in Malaysia;

to protect and assist the public in all matters ancilliary or incidental to the law

It notes further that Article 23 of the Basic Principles on the Role of Lawyers, as settled by the United Nations, provides:

Freedom of expression and association

23. Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession.

In view of the fact that a number of those who have been prosecuted under the Sedition Act are members of the Malaysian legal community, it calls on the Malaysian government to respect this principle and not to proceed with unwarranted charges against them. 

It further calls on Malaysian authorities to ensure that Malaysian lawyers are able to carry out their mandated duty through actions including the forthcoming "Walk for Peace and Freedom 2014", without fear of reprisals from those elements of Malaysian society who oppose their views.

Isomi Suzuki

PRESIDENT

10 October 2014