The International Commission of Jurists (ICJ) has today urged the Malaysian government to reject a proposal to make the attorney-general automatically the chair of the Bar Council of Malaysia.

ICJ's senior legal adviser for Southeast Asia Emerlynne Gil, in a statement, maintained the Malaysian Bar must remain independent and the government should not entertain this or any other measure that would compromise this independence.

“This latest proposal is just the most recent attempt by the government to silence all opposition and to weaken the rule of law.

“First, the government weakened the independence of the judiciary, and now it is going after the lawyers who are standing up for justice and accountability,” she added.

It was reported yesterday during the debate session at the Dewan Rakyat that Nasrun Mansor (BN-Silam) had proposed that attorney-general Mohamed Apandi Ali be automatically appointed as Bar Council chairperson.

Nasrun made the suggestion while criticising the Bar Council for its role in demanding greater government accountability.

Minister in the Prime Minister's Department Nancy Shukri said that the government would look into this proposal, noting that amendments need to be made to the Legal Profession Act 1976 for this measure to be adopted.

Lawyers' independence vital

Gil said the United Nations' basic principles on the role of lawyers stipulate they have the right to form and join self-governing professional associations to represent their interests, promote their continuing education and training, and protect their professional integrity.

“International standards on the independence of lawyers state very clearly that governments should not interfere with the work of professional associations of lawyers like the Malaysian Bar,” said Gil.

Furthermore, she said the basic principles distinctly state that “the executive body of the professional associations shall be elected by its members and shall exercise its functions without external interference”.

“An independent and self-regulated bar association is important to safeguard the professional interests and integrity of lawyers in Malaysia.

“An independent bar association acquires specific importance, especially now in Malaysia where there have been questions regarding the way justice is being administered in the country,” she added.

She said the Malaysian Bar was an essential agent in the administration of justice and hence, the lawyers belonging to it played a key role in supporting and calling for law and justice sector reforms in the country.

“The motion passed by the Malaysian Bar calling for the resignation of Apandi was within its mandate as an independent professional association of lawyers, seeking as it did to draw attention to how administration of justice is being jeopardised right now."

The basic principles specifically recognise the right of lawyers to take part in public discussion of matters concerning the law, the administration of justice, and the promotion and protection of human rights.

Gil reminded that the UN Human Rights Council has unanimously affirmed that “an independent legal profession” is among the “essential prerequisites for the protection of human rights, the rule of law, good governance and democracy, and for ensuring that there is no discrimination in the administration of justice”.