Human Rights and Protection of Lawyers

The UIA Expresses its Support for the Malaysian Bar’s Walk for Peace and Freedom

The UIA is deeply concerned by the large number of violations of the principles of democracy, the rule of law and fundamental rights in Malaysia under the Sedition Act of 1948.

 

According to independent experts from the UN Human Rights Council[1], at least 23 persons recently have been charged with sedition for publishing or disseminating information on the Internet or in traditional media.

 

Among them is the lawyer Edmond Bon, who was placed under investigation for expressing his legal opinion on Malaysia’s federal Constitution. In addition, Hassan Karim, a lawyer and member of the political opposition, is also being investigated for comments he made on Twitter regarding the Selangor Menteri Besar crisis.

 

The UIA has been informed of the Extraordinary General Meeting of the Malaysian Bar on September 19, 2014 and the resolution it adopted condemning the use of the Sedition Act of 1948, and the UIA joins the Bar in its criticism of the Act.

 

Recalling the key role of lawyers in the administration of justice, the UIA urges Malaysian authorities to comply with the standards set forth in the UN Basic Principles on the role of Lawyers, adopted in September 1990, which provides: “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. (Principle 23)”

 

These Principles were adopted unanimously by the States represented at the Eighth Congress – including Malaysia – and the UIA therefore considers that the Principles have a normative value by virtue of international customary law.

 

The UIA expresses its profound solidarity with and support of the Malaysian Bar, and a UIA representative will join in its “Walk for Peace and Freedom” on October 16th to protest against the recent arrests, charges and investigations under the Sedition Act of 1948.

 

The UIA urges Malaysian authorities to stop using the Sedition Act of 1948 to impede freedom of expression and to amend their legislation in order to be consistent with international human rights standards.