'Attorney-general should not head the Bar Council'

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The Malaysian government should reject a proposal made during parliamentary debates for the attorney-general to head the independent Bar Council, Human Rights Watch said today.

Human Rights Watch deputy director for Asia Phil Robertson said in a statement that the move is necessary to ensure the independence of the Malaysian Bar.

“The parliamentary proposal to turn the Bar’s leadership over to the attorney-general would silence Malaysia’s legal profession, which has been at the forefront of defending human rights and the rule of law in the country.

"The Bar needs to be free to choose its own leaders and act without government interference," Robertson said in response to Silam MP Nasrun Mansor's reported suggestion on legal amendments to allow the attorney-general to be automatically appointed as head of the Bar Council.

Nasrun had on April 7 made the suggestion in reaction to the Bar Council's legal challenge against attorney-general Mohamed Apandi Ali's decision to clear Prime Minister Najib Abdul Razak over allegations linked to state-owned fund 1MDB.

In response to Nasrun, Minister in the Prime Minister's Department Nancy Shukri said that the government would look into the proposal, noting that adoption of the measure would require amending the Legal Profession Act 1976.

'Proposal contrary to international standards'

Commenting further, Robertson said placing the Bar under effective government control would be contrary to international standards promoting the independence of lawyers.

Among others, the UN Basic Principles on the Role of Lawyers require governments to ensure that lawyers can perform all of their professional functions without intimidation, hindrance, harassment or improper interference.

Aside from protecting the rights of lawyers to form and join self-governing professional associations, Robertson ( photo ) said, the UN Basic Principles also state that “the executive body of such associations should be elected by its members and exercise its functions without external interference.”

"The Malaysian Bar shouldn’t be vilified for its effective and principled support of human rights, accountability and the rule of law.

"Any effort to undermine the Bar’s independence should be flatly rejected," he added.

A similar call to the Malaysian government has also been made by the International Commission of Jurists last week.

Malaysian Bar president Steven Thiru said that the proposal defies logic and is perverse.



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