Monday 15 September 2014

ASASI Internship with Lawyers for Liberty

                My stint at Lawyers for Liberty was an eye opener to reality. My parents used to tell me, “work with the best, learn from the best, and do your best”. I am entirely blessed and indebted to have dedicated and brilliant mentors guiding me all the way from July up to September. Thank you Michelle, Shahid, Eric, Latheefa, Surendran and Sivarasa!


                 I read somewhere, “some do human rights work for the fame, some for the money”. Well, only time will tell if one truly upholds the ideals and principles attached to human rights advocacy. Time will detach the genuine ones from the ones jumping on the bandwagon. The test, involves foregoing a lot of things: time, money, friends, family and even comfort. In reality, the attention from the press perceived by many as “glamorous moments” do not reflect the sacrifices and hard work human rights lawyers do behind the scene in order to make Malaysia a better place.

                Human rights advocacy and activism is physically demanding. Imagine waking up early and returning home a few hours before the clock strikes twelve, or at times returning home when the Federal Highway is clear of traffic. It means working round the clock to ensure lesser deaths in custody; it means going to the streets under the hot sun to ensure lesser Malaysians end up being denied acknowledgement of citizenship; it also means having to spend a lot time with your laptop, coffee and books to ensure the 30million Malaysians living here are not denied their rightful fundamental civil liberties.

                My first brief was a death in custody in Tampin, Negeri Sembilan. It was a case of police powers being abused and the lack of accountability that ensues. Dr Porntip Rojanasunand in 2009 was quoted, “Justice for the dead is human rights too”.

I was exposed to the many loopholes in the system in ensuring transparency. Death inquests are not effective. Apart from the change from Tuan/Puan Majistret to Tuan/Puan Hakim presiding in the Coroner’s Court, the rest is a complete sham. The lack of cooperation, especially from the police, makes the fact finding mission beyond the bounds of possibility. It was surprising to know that even the Inspector-General Standing Order (IGSO) is a secret document, making it nearly impossible to establish culpability in any way. The current watchdog overseeing such abuses, the Enforcement Agency Integrity Commission (EAIC) is nothing more than a toothless tiger. This experience further solidified my view on the urgency for an Independent Police Complaints and Misconduct Commission (IPCMC) to be institutionalized.

                Project number two was on homeless Malaysians being denied acknowledgement of Malaysian citizenship, simply because they cannot afford the fine imposed. In view of the possible crackdown through Ops Qaseh any time after Hari Raya, many NGOs and Soup Kitchens came together through forums and talks to discuss and protest the move by the authorities (in this case the Federal Territories Minister and Kuala Lumpur City Hall).


Lawyers for Liberty took a different approach to highlight and address the Gelandangan issue. A publicity stunt was done at UTC Puduraya to highlight the predicament. We took to task the National Registration Department, appealing for the penalty, in some cases as high as RM330, to be waived. We realized that the core of these homeless folks being denied welfare aid lies within their failure to produce proper documentations. During a series of workshops and forums, I was made aware of the Destitute Persons Act. It is a peremptory and erratic legislation that gives authorities almost absolute powers to detain the Gelandangan and place them in rehabilitation centres for up to three years. It sinisterly echoes the Internal Security Act’s (ISA) policy of detention without trial.

                Then, there was the Selangor Menteri Besar crisis which I was very much interested in. Instead of merely Facebooking or Tweeting, I had a platform to look deeper into the constitutional issues and legal implications that arose. On many occasions, the Undang-undang Tubuh Negeri Selangor and Nizar v Zambry became a reference point. It was a realization that in this political environment, the law cannot stand alone. It has to co-exist in a sphere together with the political maneuvers. 
Tian Chua charged under S509 Penal Code
Hate messages through tweets by cybertroopers became a usual part of everyday life. But what struck me most, was being taken lightly or written off because I am not a lawyer, yet. Nevertheless, the continuous support and encouragement by my superiors gave me the much needed injection to continue speaking up for the right things I believe in, and I deeply appreciate it. 


                Towards the end of August, I managed to extend my internship with Lawyers for Liberty. The country in late August, was caught in the hype of the Sedition Act rampage targeted against dissidents. 
Surendran charged for Sedition
The long list entails opposition politicians, Members of Parliament, lawyers, students, activists, Facebookers, academicians, lecturers and even religious leaders. The charges came one by one, and soon, there would be at least one charge each day. I was introduced to activists and civil society movements through a series of campaigns against this draconian legislation conceptualized during the colonial era. And since Lawyers for Liberty took up many Sedition briefs, I had the opportunity to work on one. It was Adam Adli’s defence submission, and the hearing falls on the 19th of September 2014. At this point in time, I am halfway through the submissions. Though classes would have commenced by the time the Tuan/Puan Hakim delivers the verdict, I would hope to be able to take a day off and be in court when that happens.



                The long story short, this ASASI internship programme gave me a grasp at the reality behind human rights advocacy and activism, and a glimpse at how these have to co-exist with politics in a suppressive political climate. Truly, I respect each and every one making sacrifices to make Malaysia a better place- a Malaysia where fundamental civil liberties are not demanded, but enjoyed as of right. This hope does not end with my internship programme, instead it is the beginning of greater things I hope to achieve. I hold onto a dream and this dream has not vanished despite the frustration I have seen and experienced. There is still hope, and as I have always said, “I love Malaysia, but not its system”.

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