Wednesday, November 23, 2011

Press Release - Peaceful Assembly Bill

23rd November, 2011

This Bill goes against the very grain of our Constitution, which provides for a basic right of freedom of assembly . We recognize that there can never be absolute freedom and for those reasons we have the Penal Code for disorderly behavior.

However this Peaceful Assembly Bill restricts our rights even further:

1. The very nature of street protests are that it is spontaneous and as such people need to voice out when their rights have been violated but that right has been taken away.

2. First we had the University & Colleges Act that restricted students in participating in demonstrations and voicing their concerns. Now to further restrict them, children who are themselves the best advocates in voicing what they want for their future, are added to the list of restrictions. This is also a violation under the Children's Rights Convention, an international treaty that Malaysia ratified and promised to adhere to.

Obviously the PM's words are meaningless. We have been promised Reforms in getting rid of the ISA and what do we get, more restrictions!! The Police is the only group whose powers are being increased by this Bill and the Police Act but the peoples power keeps getting diminished. Najib has been insincere in his stand for a better Malaysia and voters at the next General Election will make their stand known.

Meera Samanther
President
Association of Women Lawyers

Message from the President (Survey Project)

Dear Members,

I wish to brief all of you on a project that AWL and the BAR will be undertaking next year. It is a project to conduct a survey to determine the professional standing of women at the BAR.

In recent discussions with some of the younger female lawyers, some of them have shared with us that they have experienced sexual harassment and intimidation. However it came to light that many of the lawyers, I believe are also unaware of the Sexual Harrassment Complaints mechanism that the BAR had implemented, which was drafted by a member of AWL also, Simrin Gill.

In view of the lack of awareness of the existence of this mechanism and that there have not been any reported cases , the Executive Committee considered conducting a survey initially in order to get empirical evidence of sexual harassment cases rather them just having anecdotal evidence. However after much thought, it was finally decided that a survey of such a nature would not probably get many people coming forth to be part of this survey .

I was in discussion with a member of AWL, Sheena Gurbakash and we discussed this at length. We finally decided that a survey should be conducted to determine the professional development of women lawyers only in KL and Selangor. The aim of this survey will help us understand the working conditions, the professional challenges and personal challenges women lawyers face vis a vis male lawyers. Women lawyers make up nearly 48% of the BAR and we all have a stake in it. We all know that the level playing field is not equal between male and female lawyers and as such the BAR needs to look into the professional development of women lawyers.

Around September, Sheena and I met up with a survey company, Merdeka Survey. We have had several meetings with them and they have in their proposal indicated that that it will cost around RM50,000.00 Sheena Gurbakash, Goh Siu Lin (Secretary) and I had a meeting with the President, Vice President and Treasurerof the BAR last Thursday (17th November, 2011) and had conveyed our proposal . All three (3) of them are very keen to work with us on this project and have given their commitment knowing the difficulties and challenges many women lawyers face. The BAR and AWL will be writing together to the various Funders on this project and we will also seek monies from the BAR on this. In view of the fact that the year is coming to an end, we realistically are of the view that this survey can only take off the ground next year in March, April or May after the CNY and after the new line up for the BAR Council members .

A brief outline of the survey:

Aims of the survey:

a) Baseline to ascertain working conditions of women lawyers

While it is a fundamental basis of the profession, that all lawyers are equal before the courts, it is also a reality of life that “some are more equal than others” by virtue of exposure, experience, mentoring, ability and opportunity to network. To date, no in-depth or reliable data has been collected about working conditions in the profession. We believe that a survey of this nature will produce valuable data for the profession as a whole about fundamental issues like remuneration, working hours, leave and holidays, and specialisation.

b) Discriminatory conditions

It is a matter of some concern that AWL and its members have in the course of networking with women lawyers received anecdotal evidence of professional discrimination on the basis of gender as well as actual accounts of sexual intimidation and harassment. We believe that this survey will collect verifiable data about the extent of such discrimination and or harassment and intimidation and highlight areas for both AWL and the Bar to work together to redress and/or create channels for complaint about such discriminatory conditions.

c) Basis for development of programmes for the benefit of women lawyers

We believe that the data collected in this survey will be invaluable in the creation of programmes and projects that will address issues faced by women lawyers as well as provide the basis for professional development for both women coming into the profession as well as those currently in practise.

Methodology:

Based on discussion with the research company we are advised that the methodology for the survey will be as follows:

a) By phone interview to be conducted on not less than 300 lawyers (OF BOTH GENDERS) within the designated area of Kuala Lumpur and Selangor. Face to face interviews, online and email self-completion questionnaires will also be implemented.

b) Best efforts to ensure that the resulting sample of lawyers in the survey would be representative of the members of the Bar within the two jurisdictions along the basis of gender, location, type of legal profession and years called to the Bar.

c) Not more than 25 mostly close-ended questions in the survey instrument. In addition, questions of the respondent profile would be asked (e.g. gender, ethnicity, age, religion, type of legal work and marital status)


Survey Timeline:

Implementation of the project will be carried out in phases. Total duration will be 16-18 weeks (4½ months) depending on the approach taken as follows:

Activities Survey Duration
•Preparation of questionnaire,
translations, training of interviewers
•Pre-testing of questionnaire 3 weeks

•Implementation of survey
• Data processing and statistical analysis 10-12 weeks

•Preparation of technical report and summary statistics report
•Delivery of final results 3 weeks

Total time required 16-18 weeks


Role of the Bar Council in this Survey:

This is a pioneer study that will have ground-breaking implications not just for the Malaysian Bar but for professional organisations in Malaysia as a whole, and as such we believe that the involvement of the Bar Council in the undertaking of this survey is essential.

We believe that it is in the interests of the Bar Council to be aware and informed of the working conditions and issues facing lawyers and be aware of gender issues within the Bar.

We believe the an opportunity to study the databases and information collated about the profession will be revealing in terms of the development and growth of the profession as a whole.


MEERA SAMANTHER

AWL (Nov 2011)

Tuesday, September 20, 2011

SHouting against harassment

Extracted from: http://thestar.com.my/news/story.asp?file=/2011/9/11/nation/9468528&sec=nation

Sunday September 11, 2011

KUALA LUMPUR: The call for laws against sexual harassment is set to grow louder with the formation of Sexual Harassment Out (SHout).
Consisting of 11 non-governmental organisations, the joint committee is also fighting for gender equality.

SHout secretary Betty Yeoh said the Act was needed to protect men and women in the workplace and public areas.

“We need to eliminate all forms of discrimination,” she said yesterday during a press conference to launch SHout.

Yeoh added that Malaysia did not have specific laws against sexual harassment and gender inequality and there was an urgent need to initiate such laws.

SHout is revisiting a campaign that was started 10 years go by the Joint Action Women's Group (JAG).
JAG had then submitted a draft of the sexual harassment bill to the Women, Family and Community Development Ministry.

Yeoh claimed that since 2001, there had been no significant move by the Federal Government to initiate a specific law against sexual harassment.
She said a move for specific laws was included in the Economic Transformation Plan in 2011 to leverage on working women.

Among the groups that are part of the committee are All Women's Action Society, Association of Women Lawyers, the Bar Council Human Rights committee, Malaysian Women Tourist Guides Association and PT Foundation.

Association of Women Lawyers member S. Prema said that currently, sexual harassment was not a crime under the Penal Code.

SHout chairman Ho Yock Lin said it was firm on the stand that a specific law was needed against sexual harassment either at federal or state level.
SHout has also launched an open contest to the public to create a logo to reflect the campaign.

Entries must be submitted before Sept 30.

The winner would receive cash vouchers worth RM250.

Thursday, September 1, 2011

Advocating for SRHR: The Malaysian Experience

The members of the Association of Women Lawyers (“AWL”) were invited to attend the panel presentation "Advocating for SRHR: The Malaysian Experience", organised by the Coalition for Sexual and Bodily Rights in Muslim Societies (CSBR). I attended in my capacity as secretary of AWL.

The event was held on Wednesday, 20th July, 2011 from 4-6pm at the Cyberview Lodge, Persiaran Multimedia, Cyberjaya.

The event was chaired by Meera Samanther, President of AWL.

The following panellists spoke on their respective topics as listed below:

1) Julian Lee, "Moral Policing in Malaysia"
2) Rashidah Abdullah, "Abortion Rights and Challenges"
3) Pang Khee Teik, "Seksualiti Merdeka: Reaching Out Without Over-reaching"
4) Abigail de Vries, "Project Sentuh: Connecting The Dots Between Violence Against Women& Sexual Rights Through Art and Activism"

Unfortunately, I was delayed due to prior work commitments and missed Mr. Julian Lee’s session, so this report is a summary of the content presented by the other three speakers.

Ms Rashidah Abdullah, Co-Chair of the Reproductive Rights Advocacy Alliance Malaysia (RRAAM), presented a talk on “Abortion Rights and Challenges”.

In Malaysia, abortion is legal for very liberal reasons since 1989 when the Penal Code was amended. The only pre-requisite for an abortion is that the doctor needs to hold the opinion that the continued pregnancy would be injurious to the women’s physical and mental health.

Statistics have revealed that rape cases in the country have tripled in the past 10 years. One baby is abandoned every ten days and that there are 2,500 illegitimate births each month on average. Majority of these are Muslim babies.

However, although abortion is legal in Malaysia, 41% of the women are unaware of the legal conditions for an abortion as this is considered taboo. Unsurprisingly, many women seeking an abortion have resorted to an abortion at sea, popularly termed “Women on Waves” which involves a sea voyage on abortion boats on international waters. A few have even attempted to conduct abortions alone at home via a webcam under the instruction of a doctor. Few are aware that clinic abortions are simple procedures which may be completed in just a few hours.
There are many reasons for such ignorance.

Lack of media coverage is one reason; lack of properly trained medical professionals is another. Misconceptions and ignorance on the legalities of abortion and the judgmental attitude of health professionals for women whose rights have already been violated have also resulted in the creation of barriers for women trying to access legal abortions in the country.

Apart from this, Muslim women’s reproductive rights are further curtailed by the increasing Islamisation of the public healthcare system. We were told of a true story where a doctor in private practice had referred a young Muslim women to a government hospital for further treatment, following an abortion. However, she was prevented from being discharged from the hospital until she had been “counseled” by a religious officer who in turn, informed her parents without her consent. These are some of the reasons many young Muslim women are driven to illegal and unsafe abortions.

Furthermore, the lack of quality education on reproductive health, sexuality and sexual violence prevention is an issue which needs to be resolved. The root of the problem is that the government has failed to acknowledge the need to provide sexual education to our youth.

The Malaysia Federation of Reproductive Health Associations (formerly known as Federation of Family Planning Associations) aims at educating Malaysians in family planning and supporting effective sexual and reproductive health services. RRAAM is set up to accurately inform the public about women’s contraception and the abortion law, to empower them on their reproductive rights.

The current challenge faced by RRAM is that these issues of reproductive and sexual rights are not on the priority list of the various women NGOs whose main focus areas on eradicating violence against women.

Pang Khee Teik, Co-Founder of Seksualiti Merdeka, presented a talk on “Seksualiti Merdeka: Reaching Out Without Over-reaching”


Seksualiti Merdeka is an annual sexuality rights festival which celebrates “Freedom to Love”, featuring a programme of talks, workshops, art, theatre, music performances and film screenings. It uses a non-confrontational method via the Arts to apprise the public that “it is our right to be responsible for our own bodies” and also to educate the LGBT (Lesbians, Gays, Bisexuals and Transsexuals) community of their rights.

The media is generally reticent in publishing news on LGBT but theatre performances staged by Seksualiti Merdeka allows the media to indirectly write about LGBT issues as such articles would appear in the Lifestyle section of local newspapers covering the arts and theatre.

Seksuality Merdeka enjoys the support of the Bar Council Human Rights Committee, United Nations, Pink Triangle Foundation and the Ministry of Women & Children and various NGOs.

Pang says that the Malaysian government has successfully demonised the concept of rights. For example, “special rights” of the Bumiputras (which translates to property and monetary rights) cannot be discussed or negotiated. The idea of rights has become inferior and what he means by that is that it the public is made to think that if one party has rights, then it necessarily means that someone else would have inferior rights.

Another story that Pang shared was that most gays have two facebook profiles: the “straight” profile and the “gay” profile. The reason behind this is due to the stigma and fear of the repercussions that may arise from “coming out” to friends and colleagues and society at large.
Seksualiti Merdeka’s aim is to affirm sexuality rights as human rights and to provide LGBT with a platform for advocacy of their rights.

For more about Pang, check out this website:http://www.annexegallery.com/index.php?option=com_content&view=article&id=46&Itemid=57

Abigail de Vries presented a talk on “Project Sentuh: Connecting The Dots Between violence”





Project Sentuh (coined from two words, “Sexuality” and “Tubuh”) is an art and activism event to highlight discrimination against sexuality. This project, held in 2009 was joint project with JAG (Joint Action Group for Gender Equality, comprising of WAO, AWAM, SIS, Empower and WCC) and the artists groups.

Installation art and theatre performances and was used to engage new audiences, in particular the Muslim youth. Project Sentuh was held during the“16 Days of Activism” campaign. The 16 days campaign is held yearly to raise awareness to end violence against women. During Project Sentuh, 5 real cases were used as content. For example, khalwat raids which have resulted in deaths, violent beatings against transgendered women in Melaka, the story of a local actress who shaved her hair for a role and was attacked for her “lack of Islamic morals”. The scenes would be acted out in different rooms in a “House of Horrors” and the audience would be invited to walk through each room and watch each sketch as it is being acted out.

This campaign provided an avenue to showcase through the medium of theatre performances, issues which touch on sexuality, gender norms and body autonomy to educate and sensitise the public to the same.

Abigail went through a bit of history and shared that in 1999, Women’s Agenda for Change (a coalition of many women NGOs) had put forward a lobby document to articulate on the position of women’s rights and it included a chapter on non-sexual discrimination.

In year 2009, a Statement was issued by JAG for the abolishment of Section 498 of the Penal Code which was deemed to be discriminatory against women and to bring the law on “enticement” to an end. It was asserted that every person has a right to control over his or her body and sexuality. In 2005, Malaysians against moral policing also fought for the end of violence against transgenders.

The afternoon soon ended and the participants who came from various countries such as Indonesia, Africa, Iran, Turkey, Palestine, Phillipines , Cambodia adjourned for a celebratory buffet dinner nearby.

After dinner, there were speeches and toasts and some singing. But what really stayed in my mind was the round song that we were asked to sing in little groups of 4 or 5. I found the lyrics interesting and these are reproduced below:

“I LOVE MY BODY
AND HAVING PLEASURE
I RESPECT MY BUDDY
RESIST ALL PRESSURE
WE ARE ACTIVIST
FIGHTING OUR RIGHTS
WE KEEP ON STRUGGLING
UNTIL THIS BECOMES
A WORLD WHERE EVERYONE
IS FREE TO BE
FATHER OR MOTHER, MARRIED OR NOT
WITH SEX WITHOUT SEX, VIRGIN OR NOT
MEN OR WOMEN, GAY OR LESBIAN
TRANS OR QUEER OR ALL AT ALL”

Goh Siu Lin
Secretary

Sunday, August 14, 2011

AWL Brainstorming Session 13th August, 2011


A short report on the outcome of our recent brainstorming session from our President:

"Brainstorming Session Report:




A) Our Agenda for the day was:

1. Expectations check by each member
2.Revisiting reasons why we joined
3.Brief introduction of current projects

4.The change we want to see:

a) what can we do
b) what needs to be done
c) who are the actors we need to influence
d) preconditions that need to bring about the change (short term , medium etc)

5. Wrap up & Next steps


B) Angela took us through the process of making us reflect on how we would like AWL to be remembered in the next 3 - 5 years . We were asked to imagine that AWL is no longer in existence i.e. dead and gone and what would be it's epitaph . For example , Herein lies AWL and it is remembered for the great work it did on raising awareness on Sexual Harassment within the BAR .





It was quite an interesting session and many had hilarious imagination but all in all very realistic too.


























The list is as follows:


1. AWL will be remembered as a credible voice and a Consultant to the BAR
2. AWL will be remembered for its change of name to Malaysian Association of Women Lawyers ( MAWL ) instead of just representing Selangor and KL only
3. AWL will be remembered for bringing about change and enabling women lawyers to enter any fields of law. ( We know that many women now enter the profession and end up with very gendered fields of law. )
4.AWL will be remembered for bringing about change in the law to better protect women in Malaysia.( specifically Sexual Harassment, gender bias in legislation etc)
5. AWL will be remembered because Women law students are more knowledgeable about the legal profession to make informed decisions before entering the profession .
6.AWL will be remembered for bridging the link between NGOs and women lawyers
7. AWL will be remembered as activists and credible voices in their own right
8.AWL will be remembered for raising issues of discrimination and inequality, especially in the BAR
9. Awl will be remembered because No women would be left without legal representation. Women lawyers are committed to contributing to address social and legal issues .
10. AWL will be remembered for raising the minimum 30% representation of women in the Judiciary , Syariah and Bar Council
11. AWL will be remembered for changing the culture in sharing knowledge, skills and experiences among lawyers and other actors
12. AWL will
be remembered because now Transgenders are treated as equal persons before the law
13. AWL will be remembered for incorporating social justice (eg. paternity law/ provision for men)
14. AWL will be remembered for raising awareness about " rape in custody irrespective of where it happens (in prison) and to whom (transgenders)"
15 . AWL will be remembered for sensitizing legal processes to ensure women's rights are protected (eg rape, sexual offences)


C) Various Committees were formed :


1. Research - looking at Baseline survey on the professional development of women lawyers (ongoing project )


2. Membership Drive


3. Communication & Media - looking at Facebook , website etc and specifically looking at Section 95 of the Law Reform (Marriage & Divorce) Act.

4. Fundraising for AWL - projects


5. Networking


6. Professional & Personal Development

I will forward a write up in the next few days on the existing research
project that AWL has undertaken i.e. Baseline Report on the Professional Development of Women lawyers .


At this morning's meeting, various members had shown interest in being the various committees . We will also send invites out to other members to be part of the various committees listed above . Looking forward to working with all of you.


Meera Samanther
President
AWL"




Thursday, August 4, 2011

The Voice Of The Rakyat

Written by our Treasurer, Chai Har Khoo on Tuesday, August 2, 2011 at 10:46pm


Whenever I write an article or an account of an event, I try to write from a place within me which is true and honest. I always believe that people are able to spot insincerity from miles away. And through the candlelight vigils held in protest of the detention of the EO6, I had the privilege of hearing the voice of the Rakyat whose message was pure and true. Like all things which are pure and true, they leave a mark in our hearts and a profound impression in our minds for many years to come.



"Hidup Rakyat!", the crowd chanted while I quietly lit my candle. I was standing towards the back of the crowd at Brickfields fountain last Thursday (28 July 2011), completely amazed at the spectrum of people who came in support of the release of the EO6. I saw people of all ages and colours, people from all walks of life turning up for the vigil. I met an old friend of mine, who in turn introduced me to several other people. I was especially impressed to see foreigners, a catholic monk and nuns taking part in the vigil. It struck me that those who were there at the vigil were certainly people who valued their freedom of expression, above and beyond the average Malaysian.



Unfortunately for us that night, the Brickfields OCPD ordered those present at the vigil to disperse at about 8:40pm (which was originally scheduled to end at 9pm). The police officers then came marching to Brickfields fountain with their shields and batons. The crowd quickly dispersed within 10 minutes but decided to continue with the vigil in front of the Bukit Aman police headquarters.




To my surprise, the police officers at Bukit Aman were very calm when they saw us holding our candlelight vigil there. A representative from the Socialist Party Of Malaysia enquired for an update on the status of the detention of the EO6, we were informed that one of the detainees had gone on a hunger strike. At that time, all of us hoped that the EO6 would be released as soon as possible. As we were leaving Bukit Aman that night, little did we know that the EO6 were to be released the following Monday (1 August 2011).



Had it not for the Association Of Women Lawyers, I would not have attended the vigil in Brickfields. I would have missed the opportunity to interact with those people who had gone the distance to have their voices heard. I may not always agree with all that was said, but I champion the right for the Rakyat to speak up when the circumstances call for it. And as a lawyer, I would never condone detention without trial.

When I was in Myanmar many years ago, I remember staring at the home of Aung San Suu Kyi across the lake, asking myself what it would be like to be under house arrest for so many years. I shuddered at that thought, and I am grateful that the EO6 have since been released.



"What makes you attend tonight's vigil?", I asked one of the Catholic nuns.



She smiled and replied peacefully: "We stand for solidarity".

Thursday, July 28, 2011

Details of Brainstorming Session: Saturday, 13th August, 2011

Calling all lawyers, law degree holders and law students - please
spread the word to your female friends in law and encourage them to
take up membership with the Association of Women Lawyers.

In case you missed it, our President's message on the purpose of the
brainstorming session is reproduced below.

The venue, address and location map for our AWL's Brainstorming
Session:

The Club,
Terrace Cafe, Poolside Function Room
1 Club Drive, Bukit Utama,
Bandar Utama, 47800,
Petaling Jaya, Selangor.

Map: http://www.theclub.com.my/contact_us/contact_us.html

Please email me at siulin@shooklin.com.my if you are are coming (and
encourage your friends to sign up too) as I need to finalise catering
arrangements soon.

Message from our President - Brainstorming Session, save the date
13.8.2011
"Dear AWL Members,


We will be having a brainstorming session on 13 August 2011 with all
members.This session is to help us all plan and strategize for the
coming years, the activites or
issues that we all want AWL to be involved with. There will be an
external facilitator to help us with the session. Angela Kukuthas is
an activist who has conducted faciltiation processes for many
organisations. We are at present working with her to draw up a Terms
Of Reference for the session. She will help us asses where we are and
where we want to be.


We, as members have a stake in this organisation. If we want to make
AWL relevant to us, to all women lawyers and to the community, then
we must be willing to walk the extra mile to get involved.

Having a group of Exco members working on issues or activities is
insufficient to make AWL work and to make AWL relevant and different
from the BAR. We need active participation and for those reasons at
the AGM there was a conscious effort to co-opt more members, in
particular the younger fraternity.


Please keep the date, 13 August free.Will inform you of the time and
venue closer to the event. However, we would like to have a head count
as to how many of you are committed to attend. This will help us
source the appropriate venue.


Please respond with your name and contact number to
siulin@shooklin.com.my. Hope to hear from all of you positively.


Warm regards,


Meera Samanther