Monday, April 29, 2013

Annual General Meeting - 24.4.2013



The new executive committee. (2013-2014)
L to R first row: Kathlyn Lee (Secretary), Goh Siu Lin (Assistant Vice President), Ms Sharmini Thiruchelvam (Treasurer).
L to R, second row, Tham Hui Ying, Ms Nur Raihan Jasamani, Ms Dahlia Lee, Ms Kiran Dhaliwal, Ms Ida Daniella (committee members)



Wednesday, January 9, 2013

AWL Xmas Party - 7th December, 2012

Written by Khoo Chai Har.

Christmas has always been a special occasion for AWL, and year 2012 was not an exception. For this year, our Treasurer, Sharmini Thiruchelvam had graciously volunteered to host AWL's Christmas dinner party at her residence in Petaling Jaya.

        When I arrived at Sharmini's home at about 8:15pm, a few of the AWL members were already seated with drinks in their hands. The house was beautifully decorated, a Christmas tree stood in a corner where gifts were laid beneath.

Hors d'oeuvres and aperitifs were served by our gracious hostess herself personally, while her son was our bar tender for the night and  happily mixed our drinks for us. The food were delicious, and the members were more than happy to help themselves to the blinis (Russian pancake) topped with caviar and sour cream, skillet skewers with a combination of cheese, fruit and olives, blinis topped with sambal ikan bilis and a variety of meat balls while wine and liquor continued to flow.

        In between bites, we quickly caught up with each other’s lives and we even got Ida Daniella (Dani) to sing for us . Always one to humor us, Dani began belting out Irene Cara's "What A Feeling" while the rest of us clapped,  cheered her on and tried to sing along.

        After much bantering and laughing, dinner was served buffet style and as always, all of us piled our plate highs with salad, rice, vegetable and mutton curry, grilled chicken. Dinner was as good as the hors d'oeuvres (if not better), and we began begging our hostess for her recipes.

Immediately after dinner, the exchange of gifts took place amid much delight and laughter. This was followed by a game of Taboo, where all of us were split into 2 groups. The competitive edge of us lawyers began to reveal itself as the night went on and in the end  the losing team had to perform a Christmas dance, a scene from the movie "Mean Girls"! . It was a sight to behold to see some of the lawyers perform.

        After much laughter and raucous in our hostess' living room, we all adjourned for a night cap and the night continued with games and small talk. All in all, it was a lovely celebration for all of us and the party encapsulated the spirit of Christmas in its entirety.


      We are indeed grateful to Sharmini for being so generous with her hospitality.



Posted by Picasa

The Alternative CEDAW Report Launch - 6th September, 2012

Meera and I were invited to the launch of the Alternative CEDAW Report prepared by 22 NGOs. Had to rush to PJ and was in time to catch the oral testimony of NoorFadilla - whose wrongful termination of a teaching contract created headlines resulting in a landmark decision where the Court recognised and upheld Malaysia's acession to CEDAW holding that the termination of her employment on the basis of her pregnancy was gender discrimination and unlawful.

Noorfadhilla at the podium.
NoorFadilla's personal account was tremendously moving as she related how she was shamed by her colleagues and relatives just because she chose to speak up.

She was courageous enough to stand up, to fight the injustice and claim her rights, and by doing so, paved the road for others.

The Noorfadhilla case is authority for the principle that United Nations Convention on Elimination of All Forms of Discrimination against Women (CEDAW) has the force of law and is binding on Malaysia (ie our government), further holding that pregnancy was not a reason not to employ a pregnant woman. Such a stand is a clear form of gender discrimination and is unconstitutional.

She expressed her gratitude to her parents, husband and support from the NGOS and also for the pro bono legal work from the team of Edmond Bon and Honey Tan. Kudos to the legal eagles!

I met her lovely family and the little child whom she was pregnant with, the centre of dispute, now a strapping little boy.

The Alternative Report.
22 women NGO groups had collaborated to produce an alternative report to assess the government’s progress in fulfilling its obligations under CEDAW.
Ivy Josiah, explaining the need for the alternative report.
It was interesting to hear how Malaysia has only acceded to 3 out of 9 human rights treaties:

a) CEDAW - ratified on 15.7.1995 prior to a major women's conference in September that year;
b) Convention of the Rights of the Child; and
c) Convention of the Rights of the Persons with Disabilities.
The crowd.
Globally, 80% of all countries have ratified at least 4 out of the 9 human rights treaties and statistics show that other member states are willing to be transparent and accountable. Unfortunately, Malaysia's CEDAW report to the UN on its fulfillment of its obligations under CEDAW has been overdue since 2008.

It was because of this delay and no reporting which led to the preparation by the non-governmental organisations of the Alternative CEDAW Report.

In one of the speeches, I can't recall exactly by whom, but I remember this being said, "Women must come forward and claim their rights. The law is our instrument, our "superheroes".


The unveiling of the CEDAW Alternative Report.
Taken with our "superheroines".
Ordinary women who found the strength to speak out and claim their rights.
L to R: Goh Siu Lin (Vice President AWL), NoorFadilla, Vani of Guppy Plastics, Meera Samanther (President AWL).

Posted by Picasa

Wednesday, June 6, 2012

Membership Form (Version 2012)

ASSOCIATION OF WOMEN LAWYERS


H-2-12, Block H, Plaza Damas,

Jalan Sri Hartamas 1, 50480 Kuala Lumpur



MEMBERSHIP FORM


Name: ____________________________________________


Work Address/Institution:______________________________________________________


___________________________________________________________________________


Home Address:______________________________________________________________



___________________________________________________________________________



Tel No.: (Hse) _________________________ (Off) __________________________



(H/P) __________________________


Email Address: ____________________________________________



Brief Description about yourself:



Qualification: _____________________________________________



Occupation: _______________________________________________



Language(s): ________________________________________________________________



Areas of interest (in law): _____________________________________________________________



Registration fee for ordinary/Associate Members: RM10

Annual fee for ordinary members: RM 12

Annual fee for associate members: RM6



(Alternatively issue a cheque in favour of “Association of Women Lawyers”

Standard Chartered Bank No. 903142302307 and email your bank-in slip to sharm@fpspartners.com)



Enclosed herewith is cash/cheque in the sum of: __________________



Signed: ___________________________ Dated: ____________________________

President's Speech at AGM on 25.4.2012.

PRESIDENT’S ADDRESS


---------------------------------

I would boldly state that the rebirth of AWL was predominantly due to Vicky Alahakone and Foo Yet Ngo, who had initiated and insisted on having a democratic AGM process. Our 2 former Presidents, who led the organisation in the last four (4) years together with their Committee members, made my job as President much easier and smoother. So thank you Vicky and Foo.

Now I would like to take you through some of the important highlights since May 2011:

We are indeed proud of our pioneer AWL member, Ambiga Sreenevasan who helmed an energized social movement last year for the advancement of civil and political rights – Bersih 2.0, calling for clean & fair elections in Malaysia. Ambiga’s inspiring leadership brought together diverse groups in the history of Malaysia. As we all know that Bersih 3.0 is just round the corner- in fact in 3 days time, so for those of you who did not have the opportunity to be part of this civil society led movement, you now have another chance to voice your demands.

In the lead up to Bersih 2.0. Empower’s office, the Secretariat to Bersih was raided by the police. AWL endorsed on the JAG (Joint Action Group for Gender Equality) Press Statement and we had also issued our own Press Statement to denounce the attacks and attempts to discredit Empower.

Seksualiti Merdeka (SM) an annual festival since 2008, which brings together people of diverse sexual orientations and gender identities to discuss issues on human rights, came under attack. The police had banned the festival, which showcased art exhibitions, music performances and theatre workshops as it allegedly threatened national security. SM filed a judicial review on the decision to ban its activities and AWL held a watching brief for the case.

AWL showed its strong presence at the protest against the Peaceful Assembly Bill and also on the 18 March this year during the women’s rally. AWL being one of the key organisers of this rally helped to raise awareness that women are the voices of change and that it is important for women voters to participate and demand for a clean government. AWL together with another women’s organisation, Women’s Aid Organisation led the civil society march from Masjid Bulat in Section 14, PJ to Padang Astaka.

This year we also witnessed a groundbreaking decision on a case where the Ministry of Education revoked a temporary teachers offer as she was found to be pregnant. It was argued by the lawyers to be a case of gender discrimination and that it violated the Federal Constitution and was in contravention of CEDAW (Convention on the Elimination of All forms of Discrimination). Justice Zaleha Yusoff relied on CEDAW as having the force of law in Malaysia. Honey Tan, an AWL member was one of the Co Counsels acting on behalf of the teacher, Norfadhila , had relied on CEDAW in her submissions.

As you can see that our work within AWL is not limited to issues that affect female lawyers. It has expanded to include civil and political rights and women’s rights.

The brainstorming session in August last year conducted by Angela Kukuthas helped members within AWL to regroup, reenergize and to look at projects on how best to move AWL forward.

The two (2) important projects that I wish to highlight are the radio shows on Capital FM 88.9 and the Professional Development survey.

15 February 2012 was the date of AWL’s inaugural radio show, where AWL has a weekly 1 hour slot every Wednesday. I would like to take this opportunity to thank Sheena Gurbakash and Norina Yahya who helped me in the discussions with Asha Gill, the radio deejay with Capital FM, to set up this weekly radio slots. I personally know how difficult it has been trying to get lawyers to be involved and to provide some form of media training, as it was crucial to get the exact messages across within the limited time on air that was given to us. There were also challenges on the coordination of the slots but I must add that Sheena did a brilliant job with her humorous banter with Asha Gill whilst trying to be serious on the law. Norina Yahya, is the other anchor for this radio slot and I must thank her too for readily agreeing to be helm the radio show with Sheena .

The radio show and interview by Star on Sexual Harassment has certainly placed

AWL on the map. I have received feedback from Asha Gill and her producer and they are indeed delighted with our radio show as the areas covered are not often heard over the air and that it is conveyed in simple and sometimes humorous statements.

The Professional Development of Lawyers project has moved forward. We had approached 2 different survey companies on the possibility of undertaking this survey. We have received quotations from both the survey companies and most importantly the BAR has agreed to be part of this project. The Committee tasked to work on this project will meet again sometime in June this year. It may be necessary to get assistance from a researcher to help shape this project before funding is sought. We are also counting on the BAR for funding.

In terms of funding, our financial status has not improved, as we have not sought out for any funds as yet nor had any fundraising activity. Perhaps, we may need to have a fundraising event for the survey costs. At this juncture I must add that I was approached by Datuk Gurusamy, the Vice President of the National Councils of Women’s Organisation ( NCWO) as to whether AWL was interested to hold a workshop on domestic violence and sexual harassment with any of the colleges . We immediately confirmed our interest. We would receive around RM5K for this workshop. We are at present having discussions with HELP University on this.

The Executive Committee had 9 Executive meetings at the office of Messrs Foo Yet Ngo & Partners. I wish to thank Foo and Kiran for hosting us and of course feeding our tummies during our meetings. This Committee certainly loves their food.

Our very able Secretary, Goh Siu Lin has been such a tremendous support during my term as President. Thank you, Siu Lin. Am also very appreciative of Chai Har, our Treasurer who has helped us to be prudent in our spending, with whatever we had. A big thanks to my Committee members who have also helped me along the way and made it a fun journey.

On a personal note, it has certainly been quite an interesting 1-year journey for me. Having been with a very active women’s movement and still am, for the last 17 years where the pace is quite different, I may have at times pushed the boundaries and had expected quick actions and responses. I may have caused some irritations along the way. To that I sincerely apologize for my indiscretions.

Thank you.

Meera Samanther
President
Association of Women Lawyers

Tuesday, May 29, 2012

Legal Literacy Programme at HELP University

Left to Right: Ann Chuah, Vicky Alahakone, Meera Samanther, Goh Siu Lin, Marisa Regina
Back row: Jane Pragasam, Tham Hui Ying
The Association of Women Lawyers (AWL) was selected by NCWO to conduct a legal literacy programme for the 1st year law students of HELP University. The one day affair took place last Friday (25th May, 2012) from 11am to 6pm at HELP University's auditorium.

The AWL team was mobilised and the programme outline consisted of the followig topics:

a) Sex and Gender (Meera Samanther);

b) Violence against Women (Ann Chuah);

c) Sexual Harassment (Goh Siu Lin and Jane Pragasam);

d) Domestic Violence (Vicky Alahakone and Tham Hui Ying);

e) Feminist's Perspective of Law (Meera Samanther).


For her session on "Sex and Gender", Meera organised 2 groups of students
and directed them to list down the characteristics of a male and female


The objective of this exercise is to break the stereotypes we all have in our minds about men and women. Women could also possess "male" characteristics. For example, women could be arrogant, sexist, ambitious, strong, driven whereas men also have "female" characteristics such as, be caring, gentle, nurturing etc.













Compartmentalising women and men into traditional stereotypes, socialises us to behave a certain way.
If women are perceived as weak, this may sometimes lead to acts of violence against women being committed. What we were trying to do was to break entrenched cultural norms and perceptions about women and say that women too can be powerful, articulate, strong etc.

Ann and her session on "Violence Against Women".


Promoting AWL.
Jane Pragasam and Goh Siu Lin jointly delivered a
presentation on "Sexual Harassment".

Our target was to convey the issues of Sexual Harassment ("SH") in the most easily digestible form. 

We began by a massive group massage as you can see in the photograph below. Everyone laughed and giggled, thinking it was a big joke.

We then asked, "Who enjoyed the massage?"... huge show of hands.
"Who didn't"?? - two to three hands shot up.
"If you didn't, why didn't you say so?"







This exercise was to illustrate one point. SH is SUBJECTIVE. Whether it is offensive or welcome is to be seen from the perspective of the recipient of the unwanted attention.





The Domestic Violence session was interactive.
Posted by Picasa
Vicky's idea was brilliant. She illustrated in a very powerful way, three common examples faced by DV victims.


Domestic Violence Session presented by Vicky Alahakone and Tham Hui Ying



The students were given three scenarios and accompanying scripts. They were requested to read out their respective lines.

A short post-mortem would follow the skit and the students were asked to identify what forms of DV was taking place. Eg:

a) Physical;

b) Sexual;

c) Financial;

d) Psychological.

The students were taught the typical dynamics which occur in the cycle of violence of Domestic Violence.

The 1st year law students of HELP University with lecturers and the AWL team, at the end of the programme.

It was a fun and enriching experience for the AWL team and we hope to be able to conduct similar programmes for other educational establishments to educate and empower their students of their rights.













Monday, May 21, 2012

Who’s next Nazri, docs and architects?

Extracted from Malaysia Today "Who's Next?"
 
G Vinod
 | May 19, 2012
Two lawyers' associations give the law academy proposal the thumbs down while another backs the minister.


PETALING JAYA: The proposal to form a law academy has drawn flak, with one lawyers’ association asking if the government will clamp down on other professional bodies as well.

Furthermore, Association of Women Lawyers president S Meera said the move would dilute and usurp the Malaysian Bar’s independence. She added that the government should learn to work with the Bar Council to probe the abuses that took place during the Bersih 3.0 rally instead of trying to control the legal fraternity. “So will the government start controlling the medical, architecture and accounting fraternities should they voice an opinion which is against the government?” she asked. The move, she added, would also prevent members of the Bar from upholding justice as enshrined in Section 42 of the Legal Profession’s Act. Meera also dismissed the claim that the Bar Council was pro-opposition, saying it was merely a media perception. “The Bar Council is a tool for dispensing justice… Nothing more,” she added.

Similarly, the Syarie Lawyers’ Association dismissed the proposal by Minister in the Prime Minister’s Department Nazri Abdul Aziz as an empty threat. Its adviser Muhamad Burok said the government made similar announcements in the past and even took it to Parliament. “Look what happened? Nothing!” he told FMT. “As for Nazri, ‘dia nak gempak aje lah’ (he is just issuing empty threats).”

‘Don’t blame the Bar Council’
Several lawyers had criticised the Bar Council and the Malaysian Bar over the resolutions passed during its extraordinary general meeting last week, accusing them of being opposition tools. The resolutions condemned the police for using excessive force during the Bersih 3.0 rally on April 28.

Nazri, in his criticism against the Bar, said the Bar Council should just dissolve itself for being unprofessional in its conduct.

However, Muhamad Burok said the Bar Council was set up by an act of Parliament and the Legal Professions Act 1976 defined its powers. He also said that no matter how many associations the government sets up, practising lawyers in the country must register themselves with the Bar Council as stipulated by law. “And the government wants to set up another one? Impossible!” he added.
On lawyers who were critical of the Bar Council, he said they could always choose to depose their leadership during the annual general meetings. “Just don’t blame the council for the decisions. Besides, the Bar Council president can only hold his post for a maximum of two terms, unlike some political parties that is holding power for over 50 years,” he said referring to Barisan Nasional. He also said the allegation that the Bar favoured the opposition was not new, since similar claims were made during the tenure of former prime minister Dr Mahathir Mohamad.

Lawyers’ welfare overlooked
Meanwhile, Muslim Lawyers’ Association president Zainul Rijal supported Nazri’s suggestion to form the law academy, saying it would allow lawyers an alternative. He said even in the United Kingdom, there were four academies that regulate the legal fraternity. However, Zainul disagreed with the notion that the Bar Council had become a tool of the opposition but said the council had overlooked several matters involving lawyers’ welfare. “It’s alright to champion fundamental liberties and human rights but it should not be at the expense of member lawyers,” he said. He cited one example, saying that the insurance premium imposed on lawyers was too high and the Bar Council had failed to look into the matter despite numerous complaints.
On the resolutions on Bersih 3.0, Zainul casts doubts on the impartiality since many of the observers sent to monitor the rally were pro-Bersih since the start. “And these observers provided reports to the leadership. So how can we expect them to provide a neutral report?” he asked.