[Webmaster’s Note: The IBA Conference opens in Prague tomorrow until Sept 30. One of the participants from Malaysia is lawyer Edmund Bon. We are delighted that he has agreed to file daily reports for us from Prague. Please read them as it is costly there for him to go on to the net to send us reports and pictures of the event. Below is his first report.]
Click here for Special Report II, here for Report III, here for Report IV, here for Report V, here for Report VI and here for the Final Report.
I am now at Vienna, Austria. I arrived on the 23rd en route to Prague, Czech Republic for the IBA Conference commencing on the 25th. I am grateful to the KL Bar Committee for sponsoring my participation in the Conference and will endeavour to return with useful knowledge and tools to enrich and improve our Bar.
Here are some of my preliminary thoughts on what I intend to do in the Conference, the gist of which has been submitted to the KL Bar earlier for its consideration.
The Conference does not have one main theme. There is therefore no one focal subject from which I would be able to cull specific entry points to bring back for the benefit of our members.
From the President’s introductory note, the Conference aims to present the work of IBA and to expose participants to the various tasks undertaken by the committees of IBA.
From the Preliminary Programme, there is a myriad of sub–topics from which lessons may be learnt and experiences internalised for the benefit of our members. It would be difficult, if not impossible, to cover the whole range of sub–topics. In particular, the sub–topics to which I have no prior experience or knowledge or which is not part of my practice would be difficult for internalisation at the Conference and subsequent articulation to the Bar.
I intend therefore to focus on certain sub–topics which I feel I have sufficient knowledge on and of course, interest in order that I am able to achieve maximum utility from the Conference. I have also chosen broad topics which a view to bringing back matters which may be used by members of the Bar rather than merely topics which will benefit myself personally as a practitioner. The following are the sub–topics which I feel are relevant.
I Monday 25 September 2005
Financing access to justice (1030–1700)
This session places emphasis on the importance of pro bono work to secure access to justice. The practical aspects and considerations of various systems of legal aid and the “public defenders” concepts will be useful for us to evaluate whether and how we can improve or revamp our legal aid system, a system which is in need of re–evaluation and overhaul.
Open Forum: International Bar Association Foundation (1130–1300)
The Foundation is a non–profit entity devoted to supporting the rule of law, legal reform and continuing legal education. It gives grants to various projects around the world to facilitate the aforestated objectives. For example, approving grants to assist the International Terrorism Task Force, helping link the legal aid projects of 17 Caribbean bar associations, funding the articulation of judicial principles in the Pacific region, supporting the preparation of source materials for use as legal tools in the death penalty project in Commonwealth Africa and developing the design of a programme for on–line training to provide affordable legal assistance to lower income immigrants in New York.
The forum will allow an open discussion with recipients of grants and leaders of the Foundation, and I feel it would be useful to evaluate and learn how this Foundation may assist our continued efforts at the Bar to improve our standards in the profession as well as to assist those in need of our expertise and aid.
Advancing collective rights in international courts (1400–1700)
This session discusses the application and implementation of international law and conventions to protect the collective rights of vulnerable groups such as the indigenous. This session is useful for a comparative update on the use of international law in different jurisdictions as well as in the international/world courts. There has been some development in Malaysia in respect of Orang Asli rights where in Sagong and Adong, international jurisprudence was used to support orang asli rights. Sagong was recently upheld by the Court of Appeal. An appreciation of the direction the international community has taken fuels impetus for our legal system to take a similar route, in addition to ratifying international conventions dealing with the same issues.
Judicial review of immigration cases (1400–1700)
This session includes a panel of judges and immigration practitioners which will look into assessing current trends and give practical ideas to ensure that State power in immigration matters are balanced with the rights of individuals. This is increasingly relevant in Malaysia where immigration laws are abused as judicial review of the Minister’s orders in respect of fundamental matters such as deportation are ousted from judicial review. See, for example, Sugumar.
Terrorism — constraints on the media (1400–1700)
The media has been instrumental in reporting terrorism to the world. This session considers issues of freedom of speech and how, if any, the same has been impaired by actions taken by government in response to terrorism.
The restructure of the UN (1400–1700)
Malaysia has been a long–standing and active member of the UN. Malaysia, through Syed Albar, recently resisted the recommendation of the UN to prepare an annual report on the situation of human rights worldwide, and further, continues to deflect attempts to improve the monitoring mechanisms of the UN. The recent reports of corruption and sex–related allegations in the UN have renewed calls to reform the UN. It is trite that UN plays an important part of the daily lives of people in Malaysia. This session will put a global gloss on the recommendations made to restructure the UN. I would suggest that the KL Bar Committee in its frequent meetings with the Minister of Law take up this issue on UN reform and present a position statement vide a report. Input from the Conference in this area would be relevant.
II Tuesday 26 September 2005
Displaced population/displaced borders (0930–1700)
This session focuses on issues and legal aspects with regard to removal of ethnic groups from their ancestral homelands and in making them minorities thus marginalised groups. Malaysia has been by far UNHCR’s largest RSD (Refugee Status Determination) operation in the world the past 2 years, receiving more than 20,000 applications in 2004, an increase of 11 percent from the previous year. The asylum–seekers mainly come from Indonesia and Myanmar. Malaysia faces this problem both from ethnic minorities out of Malaysia and within (for example, the orang asli). This session will address methods such as negotiations and alternative dispute resolution to deal with the problem.
National reconciliation: history and law (0930–1230)
This session deals with how reconciliation processes through, for example, law, justice and truth commissions, are used to bridge historical suffering caused by war and genocide. There will be case studies, and this is of benefit because Malaysia practices, though not ravaged by war or genocide, a culture or institution of racial discrimination in its policies. The session will examine methods used to resolve and negotiate sensitive areas of Government policy and law–making.
Bar office management (1400–1700)
This session gives an overview of Bar Offices’ tasks, organisational structures, financial resources and processes in which works is handled for and in cooperation with elected Bar officials. Problems and challenges are also discussed. I feel this session would be useful in the serious drive to revamp the Bar Council and its Secretariat. The information gathered on this would also be relevant to the KL Bar Committee. This would definitely in the long run assist our members.
III Wednesday 27 September 2005
Community Law — the role of clinical legal education (0930–1700)
Clinical legal education are programmes within law schools which educate and create the initial awareness, in the importance of legal representation for all including the poor and less financially able, in law students. The session will study the different styles this is done and in the afternoon, pro bono work of lawyers is considered and the part lawyers can play in supporting these programmes. I feel this is useful in an attempt to revamp the Ethics lectures and as part of our CLE programmes, to inculcate a different and more progressive style of training for our pupils as well as to now start going to universities to plant the seeds of what it truly means to be a lawyer. The recent crisis in higher education (eg: Terence Gomez, P. Ramasamy, Azly Rahman, “Akujanji” pledges, bias in campus elections) and the systemic problems faced by students and academicians alike in universities calls for the Bar’s concern as many members of our Bar emanate from local universities.
IV Thursday 28 September 2005
Young lawyer associations’ summit (0930–1700)
This session is in 2 parts — both address concerns which will benefit the young(er) lawyers in Malaysia. Part 1 is about how the new generation of lawyers are placing more emphasis on freedom, job satisfaction and balance in career and family life; where money is not the sole consideration. The issues will cover matters such as pro bono work, client interaction and leadership opportunities. It will consider how law firms are to deal with this new culture and attitudes. Part 2 covers the issue of guidelines for the setting up of a young lawyers’ associations.
I believe this summit will have a great impact on our young lawyers and I will attempt to distill practices and strategies for discussion and where applicable, implementation here. Among my key considerations would be ways to raise the profile of the Bar Council and State Committees’ image as well as to progressively pitch their work with the young lawyers in an attempt to attract larger participation in activities of the Bar.
United Nations Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights (1400–1700)
This is a new area of law where for the first time probably, human rights principles directly mesh with conveyancing and corporate practice. Human rights norms have recently found its way into the area of corporate responsibility and business enterprises when the United Nations Sub–Commission on the Promotion and Protection of Human Rights on 13 Aug 2003 approved and adopted ‘The Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights’. The document can be found at http://www.theglobalalliance.org/pdf/UN–norms–humanrights.PDF.
This is a growing area and we should consider embarking on creating awareness of this. I have in writing proposed to the Bar Council Human Rights’ Committee to consider a seminar on this and I feel the KL Bar Committee’s CLE should also consider this. Basically, the aim is to generate interest among lawyers on human rights norms; lawyers who would otherwise not have an interest in human rights because they either practise in an area which do not require rights applications/discourse or they may be not conscious of how it affects them as human rights is usually seen as more a political battle rather than one close to their areas of practice (such as dealing with companies and corporations). The secondary aim is create awareness and to promote the application of good governance principles and business ethics among companies in Malaysia. Globalisation, increased competitiveness, transparency requirements and long–term (both non–financial and financial) benefits for corporations including multi–nationals are main reasons why companies and business enterprises would now place more focus on human rights in their operations.
The norms basically set out certain accepted guidelines which all business enterprises should apply, and would go to ensuring that human rights are at all times at the forefront of business practices, such as:
a. ensuring the rights of workers are protected and not exploited (eg: freedom from forced or child labour [sugar plantations at El Salvador which supply companies such as Coca–Cola, are using the product of child labor], right to form worker unions and to bargain collectively, right to non–discrimination at the workplace).
b. ensuring that business practices which aid or abet governments in human rights violations are curtailed (eg: the use of State apparatus to quell dissent against Shell in Nigeria where most memorably, in 1995, the Nigerian government executed Nigerian activist Ken Saro Wiwa after Wiwa spoke out against oil mining activities of Shell in the Niger Delta or the use of Caterpillar D9 bulldozers for mass demolitions of private property in Rafah and other parts of the Occupied Palestinian Territories by the government of Israel).
c. ensuring that the social, cultural, civil and political rights of people affected by the corporations’ practices are protected and realised.
d. ensuring the environment is protected and not exploited (eg: the Indonesian Forestry Minister said in the Star recently, that 10 Malaysia companies are responsible for the burning in Sumatra which is causing the haze), including assisting in the realisation of sustainable development where natural resources of the country are being sourced for financial gain.
e. ensuring that corporations which take from the “earth” compensate by giving back to society in different ways such as supporting charitable causes and improving the lives of the vulnerable and marginalised.
V Friday 29 September 2005
Increase the value of current clients (0930–1230)
I would consider that this topic may be of interest to all lawyers and I am prepared, if requested, to reformulate the presentation in this session to our context here and present it. Basically, this will be a session whereby we would learn strategies to inter alia increase the quality and quantity of work from clients, to meet their expectations, to deal with difficult clients and to provide added value to services provided.
The lawyer’s role in society (1400–1700)
This is an interactive session which will have experts such as Bar leaders and leading practitioners to address hot topics affecting the legal profession. There will be 2 angles to the session: (a) how the rule of law promotes economic growth with focus on developing countries and (b) the legal profession’s core values as essential cornerstones of a just and democratic society. I feel this session is necessary as it gives the opportunity to re–invent or rejuvenate basic precepts of being a lawyer in society and within the profession, in order that lawyers may continue to aggressively influence others and expound similar ideals for the benefit of the profession at large.
There is a considerable overlap with regard to the timing of the sessions, and without knowing in detail now how the sessions would be conducted, it is difficult to assess whether it would be possible to hop from one session to another.
I am open to comments and suggestions and would look forward to any views members may have on the Conference. I may be contacted at [email protected].
I would endeavour to file daily reports on the Conference and would be glad to assist the Bar in any way on return, through for example: training, knowledge transfer, implementation and advice.
Source: https://www.malaysianbar.org.my/article/news/bar-news/news/special-report-i-from-prague-international-bar-association-conference-opens-tomorrow. Archived at https://perma.cc/AU3V-HVRW
