BAR COUNCIL Chairman Against Gerakan’s call to Set up Constitutional Court (NON muslims need not appear before Syariah Court); Proposal Unnecessary
ABOVE: FT Gerakan chairman Datuk Dr Tan Kee Kwong declared in a Tv3 interview
“We want to live in this country in peace. Religion and race are sensitive issues. Our constitution guarantees the right of freedom of religion; that is very very clear. So we want, in fact we demand the right of the non-Muslims must be taken into account. And they account (we think) about 40% of the population of this country. The economy will go up and down, that is the nature of the world economy cycle. But what is more important for the long term future is we must preserve this unity and religious harmony that we have. Because that is the only thing that is holding our country together”
But the Bar council on the other hand poured cold water onto the Gerakan’s Proposal. It said that the existence of the federal court and high court is sufficient to take care of the area.
ABOVE: AMBIGA SREENEVASAN Bar Council chairman response to the proposal
“It is our view that such a court as proposed is unnecessary. Our Federal Court as federally constituted is perfectly able to deal with such issues as they have done so in the past with no problem. I see it as just simply a question of applying the provisions of the constitution in such circumstances which in my view adequately provide the answers necessary to resolve the issues that have arisen”
Gerakan: Set up
“The problem exists. Everybody knows that,” he said. Dr Tan, who is the Segambut MP, said non-Muslims should never be subjected to the
Gerakan secretary-general Datuk Seri Chia Kwang Chye, who was also at the press conference, said that there should be understanding by all parties when dealing with religious issues. He noted that while the country was not on the brink of a crisis on inter-religious issues, “we should resolve them before they do.” The proposed special
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No glass ceiling at the Bar
For the second time since the Bar Council was established in 1947, a woman was elected its chairman. Ambiga Sreenevasan talks about women in law and the tasks ahead for the Bar.By Shaila Koshy
AMBIGA SREENEVASAN's election as Bar Council chairman and Malaysian Bar president on March 17 was no surprise. The shocker was she is only the second president to have the XX make-up. The first was Hendon Mohamed (1995-97). Election to the Bar presidency can be a high but one must land on one’s feet running Ambiga has discovered. “My telephone hasn’t stopped ringing,” she says laughing, when asked whether reporters had started calling. On March 22 she was swift to defend lawyers after the Chief Justice, again, blamed “popular” lawyers for delays.While welcoming the CJ’s move to find a solution to court delays, she pointed out a Suhakam forum in 2005 had also identified other factors - acute shortage of judges and judicial officers, insufficient support staff, the method of recording of evidence and the process by which an accused is charged. Touche! More women study law today but so few join the practice – only 46% of the Bar is female. Why? “Practice is challenging but women have no problems competing with men at the Bar; it is the better argument that wins the day. “If you’re talking about the glass ceiling, women like (Datuk) P.G. Lim and (Datuk) Marina Yusoff broke it in their time. There was no question as to whether they could match any of their male contemporaries.”
The former Convent Bukit Nanas (CBN) head girl would like to see more women run for positions, chair committees and participate in helping to change gender-biased laws. Being a woman is not a predisposition to better the lot of marginalised women but Ambiga jumped right in when she began practice 25 years ago. “Ambiga was active in the Association of Women Lawyers in the 1980’s but she was also a pioneer volunteer lawyer at Women’s Aid Organisation (set up in 1982) and helped shape the centre’s refuge policy,” says its executive director Ivy Josiah, a long-time friend from their days in CBN.
The public is unsure whether to laugh or cry: the Bar is vocal about public accountability and responsibility and yet out of the 12,336 members at the time of the election just over 3,000 voted. It was a postal ballot. All one needs is a pen!
“You're absolutely right,” she says with an embarrassed laugh but adds quickly that changing the “apathy” is a shared responsibility between members and the irony council.
Would the number who voted in the Bar election be a reflection of members who vote in a general election? “Good question,” the mother of two says smiling. But the apathy is not mirrored in Ambiga and the council's commitment to the setting up of an Independent Police Complaints Misconduct Commission (IPCMC) and a Judicial Commission (JC), resolving family issues arising from a conversion to Islam and revisiting the 1988 judicial crisis.
The Prime Minister has not crossed out the notion of an IPCMC but the government and judiciary consistently speak against a JC. Why bother? “Other countries have changed their system. It is so critical to have an objective and transparent process. “We're not talking about employing civil servants but judges. Even judges would be happier if there is established criteria the public understand.”
Is the Bar spitting into the wind trying to get the Executive to revisit the 1988 crisis? “It is a crucial step forward in lifting the judiciary to the confidence levels it enjoyed and should enjoy. “Unless we confront the truth this issue will forever be a black mark in our history. “For the Bar, truth and justice are the first articles of our faith.” In comparison, the legal dilemma with regard to a spouse in a civil marriage converting to Islam is a “newer battle”. Referring to several civil court decisions on which court has jurisdiction after a spouse in a civil marriage converts to Islam, Ambiga says: “Telling the non-Muslim spouse to go to the
Don't converts to Islam have the right to have their family matters determined by the
= = = =Malaysians in prayer campaign for rights of non-Muslims
Monday April 2,
"We issued one letter simply to get our people to pray for fairness and wisdom ... and hoping the federal constitution is respected and given due weight," council vice president V. Harcharan Singh told AFP.
The case has raised fears over the rights of non-Muslims, who argue that
The concerns reflect similar tensions last year, sparked after an ethnic Indian mountaineering hero was buried as a Muslim despite protests from his Hindu wife. Gerakan, a party in
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