The proposed amendments to the Legal Profession Act (LPA) that the government intends to implement go against international human rights principles, says Human Rights Watch.

As such, the global movement urged the government to withdraw these proposals.

“The government shouldn’t undermine the Malaysian Bar’s effective and principled support for human rights, accountability and the rule of law.

"The global legal community should send a clear message to Prime Minister Najib Abdul Razak that his government’s efforts to weaken the Bar’s independence will only harm the country’s reputation,” said Human Rights Watch’s deputy Asia director Phil Robertson said in a statement today.

Robertson pointed out that the United Nations Human Rights Council affirmed in 2015 that an independent legal profession is among the prerequisites for the protection of human rights and the rule of law.

The UN Basic Principles on the Role of Lawyers states that lawyers need to be able to perform their duties without intimidation and interference, and as such, they are entitled to join and form self-governing professional associations, he said.

'Exercise functions without external interference'

Robertson said the principles also stated that this means the executive body of such associations should be elected by its members and exercise its functions without external interference.

The government's proposals go against these principles, he said.

The proposed amendments will empower the federal minister in charge of law to appoint two members to the Bar Council to issue rules and regulations governing bar association elections, Robertson pointed out.

He also said that the bill would increase the quorum needed for a general meeting from 500 members to 4,000 members, or 25 percent of the Bar's 17,000 membership, making it virtually impossible for the bar to take action at its general meetings.

The Bar has been an outspoken voice in Malaysia on human rights and the rule of law for several decades, he said, adding that over the past year, the lawyers have consistently raised concerns about the abuse of laws such as the Sedition Act, Peaceful Assembly Act and the Communications and Multimedia Act.

“The Malaysian government’s blatant attempt to silence the country’s Bar shows little concern for the immense damage this will do to the rule of law in the country.

“The government should drop its proposed amendments so that the Malaysian Bar remains free to choose its own leaders, act without improper government interference, and speak out on legal issues," Robertson said.

The proposed amendments to the Legal Profession Act, which are expected to be submitted to Parliament in October, have been criticised by various international bodies for potentially interfering with the Bar’s self-regulation and independence.