The Association of Women Lawyers, Malaysia

Giving Food to mark Word Refugee Day - KL Bar & AWL Buka Puasa Event with the Rohingyas of Selayang

2016-06-29T00:17:00.004-07:00

Reproduced from http://www.thestar.com.my/metro/community/2016/06/29/giving-food-to-mark-world-refugee-day-groups-distribute-porridge-and-groceries-to-rohingya-community/

IN CONJUNCTION with World Refugee Day on June 20, the Rohingya community and the poor in Selayang were treated to food courtesy of the Malaysian International Welfare and Humanitarian Organisation (MyWelfare) in Selayang Baru.

The Kuala Lumpur Bar Committee, Association of Women Lawyers, Cowboy Food Trucks, Lokka Cafe Food Truck and Sri Anggerik distributed 500 food packets to the Rohingya community at the MyWelfare office.
At the event, RM5,500 was donated to Rainbow of Love Informal School for Refugee Children.
MyWelfare exco member Jules Rahman Ong said the distribution of food was held daily at the centre during the fasting month.

“Apart from Ramadan, we also distribute food to these refugees daily. We started the programme four months ago and were distributing about 100 to 150 packets. The number has grown rapidly and now our distribution stands at about 1,000 food packets daily not only to Rohingyas but also poor Malaysians living around the area.
“Among the items given out are rice, vegetables, porridge, meat, beans, potatoes and drinks.
“Four months ago, we moved from Jalan 1 to Jalan 4 in Selayang Baru and occupy this three-storey building which is very strategic and convenient,’’ said Jules, adding that MyWelfare also provides free medical consultation, food and non-food distribution and a skills training centre for refugees.

Volunteers, including lawyers, distributing food packets to the refugees at MyWelfare in Selayang Baru during the event. —Photos: ROHAIZAT MD DARUS

MyWelfare also distributes food packets daily to the nearby Myanmar community and poor Malaysians on a three-wheel motorcycle.
Right after the food packs were distributed to Rohingyas, a volunteer filled a motorcycle with food packs and distributed them in Batu Caves and Kepong.
Jules said the refugees and asylum seekers do not have the right to work legally in Malaysia and often work in informal sectors in jobs that are dirty, dangerous and dull; which are not popular with Malaysians.
“Often they are underpaid and exploited and do not get sick leave. We provide them with basic necessities like shelter, food and clothing,’’ he said.
Association of Women Lawyers president Goh Siu Lin said they wanted to make this year more meaningful and decided to give away the food packs and also break fast with the refugees after the food was distributed.

Rafik (with beard) and volunteers placing food in a three-wheel motorcycle for distribution throughout Selayang area.

Rafik Ismail, 41, who is a Rohingya community leader here, said he was very grateful to Malaysians who had shown concern for the community during the fasting month.
“MyWelfare has been helping refugees here since 2011. Many of the refugees are unemployed but have children to feed.
“Many of them are non-Muslims and we provide them with food too,’’ he said.

AWL GEI Colloquium (14.6.2016), opening address by Hon Secretary, Kathly...

2016-06-14T20:01:00.001-07:00

President's Address - 33rd Annual General Meeting of the Association of Women Lawyers (9th May, 2016)

2016-06-10T05:15:00.002-07:00

PRESIDENT’S_ADDRESS

It has been a gift and honour serve as President of AWL, my first year in this role. I am thankful for the unwavering support of the AWL Exco. We have shared novel experiences as well as challenges which have taken us off the beaten path and beyond our usual comfort zones. It’s been an interesting journey.

For me personally, there were many firsts. I learnt how to draft my first press statement, spoke at my first press conference, attended meetings advocating for law reform with policy-makers (on the Domestic Violence Act and the Child Act) and chaired meetings comprising representatives from governmental and non-governmental agencies for the Child Sexual Abuse SOP project. I also observed the marvellous friendship and synergy of the women activists who make up the Joint Action Group for Gender Equality (“JAG”), a coalition of 12 women’s groups. They are tireless, strong and courageous.

I am grateful for dedication and commitment of the AWL Exco. We work well as a team, with a shared passion to carry out AWL’s main objectives. These include:

• To promote and increase the participation of women in all levels of judicial, legal and public institutions.

• To provide education, gender sensitization and awareness in legal and related fields.

• To monitor laws, legislation, policies and practice directions and to advocate reforms that ensures promotion of equality and eradication of all forms of discrimination against women.

• To promote the adoption and implementation of international human rights standards, principles and norms.

• To provide a professional and social network for women lawyers and law graduates in Malaysia

We draw our inspiration from those who have paved the way before us. Our founding members, Dato’ Noor Farida Ariffin (former Ambassador to the Hague and G25 spokesperson), Tan Sri Dato Seri Siti Norma Yaacob (our first woman Federal Court Judge) and Dato’ Ambiga Sreenivasan (former Malaysian Bar President and co-chairperson of BERSIH, a coalition for free and fair elections).

AWL is also fortunate to have the continuing support of three of our past Presidents, Ms Vicky Alahakone, Ms Foo Yet Ngo and immediate past-President, Ms Meera Samanther.

Over the past year, AWL has concentrated on the areas of law reform, advocacy and outreach to the law colleges. It has been gratifying to see how each has taken form and the Annual Report has set out comprehensively the work that we have done so far. Today, I would like to highlight three projects:

a) The Child Sexual Abuse SOP project – From July 2015 to December, 2015, AWL had collaborated with the Attorney-General’s Chambers, WCC Penang, various governmental agencies and Child NGOs to identify gaps in the legal system and support services with the aim of creating a working together document/SOP on handling children involved in suspected child abuse/child sexual abuse. In January, 2016, AWL submitted a concept paper to YBGK (the National Legal Aid Foundation), seeking to extend YBGK support for victims of child sexual abuse, human-trafficking and domestic violence.

As a natural progression, AWL is currently working on forming a team of lawyers to provide watching brief support for survivors of child sexual abuse, to increase their access to justice, provide them with a voice and to alleviate re-traumatisation caused by the legal process. We have recently recruited six lawyers trained in “Child Representation skills” to be part of the AWL CSA team.

b) The Human trafficking project – AWL had organised a series of talks to raise awareness and field trips to better understand the needs of human-trafficking survivors:

• 27th January, 2015: AWL-KL Bar Activist Series: “Legal Case Management Support for Victims of Human Trafficking” by Daniel Lo;

• 18th February, 2015: CNY visit to the shelter;

• 12th August, 2015: AWL-KL Bar Activist Series “Capacity Building for Lawyers to work with Victims of Human Trafficking” by Anderson Selvasegaram and Tharini Cecil of Suka Society, Goh Siu Lin and Daniel Lo

• 7th November, 2015: Deepavali visit to the shelter;

• 16th December, 2015: X’mas visit to the shelter.

Originally, AWL aimed to work with the relevant NGOs to provide victim-centred legal services, such as pamphlets or videos on FAQs (legal process/ immigration/ ATIPSOM/ compensation). However, this project has to be put on hold due to events beyond our control.

c) The Gender Equality Initiative is a collaboration between AWL, the Malaysian Bar and local private law colleges. Its aim is to create greater awareness amongst law students on gender equality. Last year’s GEI highlighted issues arising from “Gender Discrimination within the Learning Environment” and was very well received by the law students. The GEI appears to have taken a life of its own with more and more private law colleges and non-law colleges wanting to jump on board.

For 2016, the theme “Women in Leadership Positions” was selected, casting a spotlight on the challenges that women face when climbing up the corporate ladder, particularly the impact of gender stereotyping and gender discrimination. The statistics reveal that women are severely under-represented at the top levels of all sectors. We need to close this gender gap, break down the barriers to leadership and enhance opportunities for women to advance.

This year’s colloquium will take place on 14^th June, 2016 at Inti College. The GEI colloquium has been ably led by Meera Samanther, Santhi Latha and Ida Daniella Zulkifili. Thank you!

“Why do we need AWL?”

I now move on to address a question which I frequently hear when I invite lawyers to become members of AWL. Many have questioned the need for a society dedicated to women lawyers and law students.

To this, I say that AWL provides a valuable platform for women lawyers to speak with a collective voice in a supportive environment. AWL provides greater visibility to advocate for focused change on issues that impact us as women lawyers as well as on laws that impact women and children generally.

AWL has the potential for a diverse and rich membership base for professional networking and support. In the months to come, we hope to hold networking luncheons for members. I have recently spoken to the “Gender and Inclusive Head” of an international bank to speak at our inaugural lunch networking luncheon. So, stay tuned for more details!

In addition, to showcase the professional capabilities of women lawyers, AWL has in collaboration with the Kuala Lumpur Bar, organised a forum titled “Women in Arbitration”. Three women practitioners of differing seniority are featured, they are, Ms Tan Swee Imm, Ms Elaine Yap (AWL member) and Ms Sharon Chong. So do pencil in 12^th of August 2016 into your diaries and give them your fullest support.

I hope to see more members coming forward to work with us in making a difference as we continue to push the boundaries for women’s equality and advancement both in the legal and non-legal spheres. To end, let me quote the inspirational words of my favourite “badass” feminist, Supreme Court justice, Ruth Bader Ginsburg, who when asked as to how she would like to be remembered, said:

"Someone who used whatever talent she had to do her work to the very best of her ability. And to help repair tears in her society, to make things a little better through the use of whatever ability she has. To do something........ outside myself. 'Cause I've gotten much more satisfaction for the things that I've done for which I was not paid."

Thank you.

Goh Siu Lin
President, Association of Women Lawyers

FREE PDC/AWL Workshop on Capacity Building for Lawyers to work with Victims of Human Trafficking on 12 August 2015

2015-08-03T01:03:00.002-07:00

2 CPD Points (T3/12082015/KLB/KLB153024/2)

As part of the FREE Seminars conducted by the KLBC in line with the Malaysian Bar's resolution regarding a mandatory Continuing Professional Development ("CPD") Scheme, the KLBC Professional Development Committee ("PDC") and the Association of Women Lawyers (AWL) have jointly scheduled the above Workshop on Wednesday, 12 August 2015 from 2:30 pm to 4:30 pm at the KL Bar Auditorium, 4th Floor, Wisma Hangsam, No.1, Jalan Hang Lekir, 50000 Kuala Lumpur.

Over the past few months, news on human trafficking has been dominating our local headlines. Many lawyers may want to help but do not know how.

There is currently a gap in providing legal aid / assistance to victims of human trafficking as the reach of YBGK at the moment extends mostly to defendants in criminal proceedings only.

At the moment, after being found, trafficking victims are brought to government-approved shelters (although there are proposed amendments to the Anti-Trafficking in Persons Act that would allow them to be housed in specified NGO-run shelters as well) where they are held as part of a court-ordered protection measure that lasts up to 90 days (but this could be extended).

According to the 2014 Trafficking in Persons (TIP) report released by the US State Department, in the past year, in Malaysia, there were 89 investigations under Human Trafficking compared to 190, and 9 convictions of traffickers compared to 21 in the previous year. The majority of victims are women who need to be advised on their rights.

The PDC is collaborating with the Association of Women Lawyers (AWL), Anderson Selvasegaram and Tharini Cecil of Suka Society and Mr. Daniel Lo of the PM's Department on an upcoming workshop to teach basic interviewing skills and on how to provide basic advice to these victims. The areas covered are:

• How to give legal advice to a victim of human trafficking?

• What are their legal needs?

• How can you help them?

The PDC would like encourage lawyers to come forward to assist anti-trafficking NGOs with capacity building and legal work. Please take the first step by attending the upcoming PDC-AWL Activist Workshop which will be based on case studies. You will be taken through a mock interview and participating NGOs (AWL, Suka Society and Tenaganita) will be on site to provide their feedback as well as share their perspectives.

Please save the date: 12th August 2015 (Wednesday), 2:30 to 4:30pm at the KLBar Auditorium, Wisma Hangsam.

As this is a FREE Seminar, Members of the Bar, Pupils-in-Chambers and Law Students who have registered are to ensure their attendance. Otherwise, it may deprive others of the opportunity to attend. Any cancellation shall be in writing and received by the KL Bar Secretariat by 3 working days prior to the Seminar. Members of the Bar, Pupils-in-Chambers and Law Students who have registered for the Seminar and fail to turn up, will not be allowed to register for future Free Seminars, Workshops,Talks and Forums organised by the PDC.

REGISTRATION FEE (Inclusive of 6% GST)

Members of the Bar, Pupils-in-Chambers / Law Students – FREE but registration is required.

NGOs -RM31.80 per participant.

Non-Members – RM106.00 per participant. Registration Must be Accompanied With Payment to Guarantee Your Place

Only 150 Seats Available. Click here to register.

Please be advised that certain supplies of goods and services that we make may be subject to GST and we are required to levy GST on such taxable goods and services from 1 April 2015.

Kindly also note that we reserve the right to implement any necessary changes to our policies on goods and services that we may supply or on supplies we may receive from vendors.

METHOD OF PAYMENT:

Payment is to be made at any Maybank
Name of Account: Kuala Lumpur Bar Committee
Account No: 564315003715

Please fax or email the bank in slip to 03-20321090 or siti@klbar.org.my.

NOTE:
Registration is strictly on a first-come, first-served basis.
Confirmation is upon receipt of payment.
The Organisers reserve the right to postpone or cancel the Event, should circumstances arise that make such action necessary.
Fee paid is non-refundable unless the Event is cancelled by the Organisers. If a participant is unable to attend, a replacement participant is allowed.
The registration counter will be opened for registration at 2:00 pm on the day of the event. The Event will start at 2:30 pm sharp. Please be punctual.
Kindly note that Photo ID (IC, Driving Licence, etc) is required for registration.
Certificate of Attendance for participants is only provided upon request by filling up the Evaluation and Feedback Form and returning it to the Registration Desk AT THE END OF THE EVENT.
To be eligible for the Certificate of Attendance and CPD Points, please take note that:
You must participate in the Event until its completion including the Q & A Session and be present throughout the Event.
Latecomers (15 Minutes after the start time) and those who leave early will not be entitled to receive the Certificate of Attendance and the CPD Points.
For registration information, please contact Siti at the KL Bar Secretariat 03-20321440.

This email is automatically generated and the email address is not monitored. If you have any questions or concerns regarding this email then please contact the KLBC at klbc@klbar.org.my

Gender Equality Initiative 2015 - Colloquium on Gender Discrimination in the Learning Environment at Taylor's University, 8.4.2015

2015-06-29T20:51:00.001-07:00

The Association of Women Lawyers and the Bar Council had in late 2014 banded together with Taylor's University, INTI University, Advanced Tertiary College ( ATC), KDU College and Brickfileds Asia College (BAC) to establish the Gender Equality Initiative 2015 (GEI). The objective of the event is to create greater awareness amongst university and college students on gender equality. The first event under the GEI was the Colloquium on Gender Discrimination in the Learning Environment, which was held at Taylor's University Lakeside Campus on the 8th of April 2015.

The colloquium comprised of 2 parts, the written research paper as well as the oral presentation. Each participant was evaluated on factors which include research, the content of their presentation and the effectiveness of the message that they tried to bring across.

The competition at Taylor's University began at 2.00p.m. wherein 8 participants from the collaborating institutions delivered their presentations on issues relating to gender discrimination such as lack of access to education for young girls and discrimination against transgender athletes in schools. The participants demonstrated a high level of dedication and genuine passion towards their research. They also managed to handle the Question & Answer session with poise and confidence despite being bombarded with difficult questions from the audience. The winners of the competition are:-

Champion: Joash Nicholas Ong

1st Runner Up: Sukayna Khalid Khan

2nd Runner Up: Patricia Chong Su Yin

All in all, the Colloquium was a success and AWL together with the collaborators look forward to the next event under the GEI, which is the upcoming Debate Competition on the 16th of June 2015.

Annual General Meeting of the Association of Women Lawyers - 29th April, 2015

2015-06-29T20:46:00.002-07:00

AWL's AGM held at the Bar Council meeting room. Here we are hard at work amending the constitution... long overdue.

The AWL family has grown .. old friends and new faces.

AWL Exco for 2015-2017

President: Goh Siu Lin
Vice-President: Tham Hui Ying
Secretary: Kathlyn Lee Sue In
Assistant Secretary: Chong Lit San
Treasurer: Ida Daniella Zulkifili
Assistant Treasurer: Nur Raihan Jasmani

Committee Members:
Meera Samantha
Sheena Gurbakhash
Santhi Latha

Co-opted Members:
Kiran Dhaliwal
Sharmini Thiruchelvam
Lee Lyn-Ni,
Quah Su Enn

Gender Equality Initiative Debate Competition at INTI International University on 16 June 2015

2015-06-29T20:44:00.001-07:00

The Association of Women Lawyers together with the Bar Council and in collaboration with INTI International University, Taylor's University, Advance Tertiary College, Brickfields Asia College, HELP University and KDU banded together again for the Gender Equality Initiative (GEI) by organising a Debate Competition at INTI International University on 16 June 2015.

The event began with a welcoming note by the INTI Law Faculty Dean, Dr. Jagdeep Singh, followed by an opening address by AWL's Treasurer, Ida Daniella Zulkifili.

The theme of this debate competition is 'gender equality', which encompasses issues such as:-
i) gender based discrimination at the workplace, politics and in the education system;
ii) discrimination against people who identify themselves as lesbian/gay/bisexual/transgender (LGBT);
iii) the difference between sex and gender; and
iv) feminism in the modern world.

A total of 8 teams participated in the Debate Competition, which saw the students arguing on 3 motions:-

(i) Preliminary Round - This House Believes That Imposing A Minimum Quota for Participation of Women in Parliament Will Not Help Achieve Gender Equality

(ii) Semi Final Round - This House Believes That Traditional Gender Roles are Inherently Damaging to Social Equality

(iii) Final Round - This House Believes that Gender Equality Is A Myth

After a gruelling series of debates, INTI International University emerged as champion of the GEI Debate Competition 2015. Taylor's University followed closely as the runner-up. Patricia Chong Su Yiin of INTI International University was declared the Best Overall Debater while Joash Nicholas Ong of Taylor's University was named as the Best Debater in the Final Round.
AWL would like to congratulate all participants and hope that the students would continue to advocate for gender equality, be it within or outside campus.

AWL's View on Marital Rape - Why It Should Be Criminalised

2015-06-29T20:42:00.001-07:00

AWL is of the view that Section 375A of the Penal Code is deficient for many reasons. For example:

a) the section in its current form, fails to recognise that rape is a crime involving an act of sexual violence without the victim's consent. There are instances where marital rape occurs in the absence of any visible signs of injury on the victim as the perpetrator may resort to other forms of coercion (e.g. economic, emotional threats, blackmail etc).

b) it should also be highlighted that the prescribed punishment under Section 375A is imprisonment up to 5 years - extremely mild when compared with Section 375 which prescribes a minimum period of incarceration of 5 years up to a maximum of 20 years AND whipping.

If Section 375 and Section 375A were meant to be the same animal under the guise of a different term, then why is there an apparent and gross disparity in sentencing guidelines??

Why is the offence of marital rape not stigmatised in the same manner as the other categories of rape under S375? Why should rape in a marital relationship be punished less severely? Does S375A send a sufficiently strong message of condemnation of the act of marital rape?

These are but a few questions for each of us to consider when evaluating whether or not the existing S375A is adequate in providing deterrence and justice to victims of marital rape.

Goh Siu Lin
President

AWL’s Press Statement 10.6.2015 – on the need to criminalise marital rape

2015-06-10T04:10:00.000-07:00

10th June, 2015

10th June, 2015

We refer to the news item carried by the Malaysiakini news portal dated 10.6.2015. It was reported that the Minister in the Prime Minister's Department, YB Nancy Shukri had in her parliamentary written reply, confirmed the retention of the exception under Section 375 of the Penal Code, relating to marital rape

This effectively means that sexual intercourse between a husband and wife without her consent, is not considered rape in this country.

AWL is most disappointed by this regressive stance taken by the Government in refusing to criminalise marital rape. This is contrary to the recommendations of the CEDAW committee of 2006 on Malaysia, i.e:”The Committee requests the State party to enact legislation criminalizing marital rape, defining such rape on the basis of lack of consent of the wife.”

Malaysia’s position on marital rape is in stark contrast to 52 other nations, including Turkey, Australia, Canada, Denmark, Norway, Sweden and the United States of America which have legislated to make marital rape an offence (See UN Report Annexure 4: “The 2011 Progress of the World’s Women: In Pursuit of Justice Report”).

The said 2011 Report also made reference to the authority of Meera Dhungana on behalf of FWLD v HMG. In that case, the Nepalese Supreme Court had the occasion to hear a case brought by the Forum for Women, Law and Development (FWLD). It was ground-breaking for having invalidated the provision of the criminal code that exempted husbands from being charged with the rape of their wives. The court in rejecting the Government’s argument that outlawing marital rape would offend Hindu beliefs, also ended the conflict between the country’s Muluki Ain civil code, based on Hindu religious principles, and the 1990 Constitution, which pledges to end all forms of gender discrimination. The Nepalese Supreme Court stated most succinctly the essence of rape and why it should be criminalised:

‘Sexual intercourse in conjugal life is a normal course of behaviour, which must be based on consent. No religion may ever take it [marital rape] as lawful because the aim of a good religion is not to hate or cause loss to anyone.”

The essence of rape stems from the issue of lack of consent in a relationship where parties are of unequal bargaining power, powerfully illustrated by the prevalence of child marriages in this country, coupled with the inter-sectionality of poverty and lack of education.

A marriage certificate cannot be a licence for forced sex. The assumption that a wife implicitly consents to all sexual activity is discriminatory of women. We urge the Honourable Minister to reconsider her stand.

Goh Siu Lin
President

Association of Women Lawyers

51%! Is It a Level Playing Field?

2014-09-22T01:08:00.000-07:00

Reproduced from the Malaysian Bar website

Saturday, 20 September 2014 10:33am

Article and photos contributed by Goh Siu Lin, Vice-President, Association of Women Lawyers

On 26 June 2014, the Association of Women Lawyers (“AWL”) launched the findings of the “Baseline Study on the Working Conditions of Male and Female Lawyers in Kuala Lumpur and Selangor” at the Kuala Lumpur Bar Auditorium.

This baseline study, the first of its kind, was first mooted in 2011. It was only in 2013, after sourcing for funds and finding suitable researchers, that the baseline study was finally initiated, by AWL in collaboration with the Human Rights Commission of Malaysia (Suruhanjaya Hak Asasi Manusia Malaysia, “SUHAKAM”) and Women’s Aid Organisation (“WAO”), and funded by United Nations Population Fund (“UNFPA”), Malaysia.

Empirical data was collated from a random selection of 198 lawyers to ascertain the working conditions of male and female lawyers within the Klang Valley. Dr Lai Suat Yan (Chief Consultant) led the research team, which included Dr Nurjanaah Chew Li Hua, Dr Sarina Mohamed, and Dr Kuppusamy Singaravelloo as the statistician.

AWL President, Meera Samanther, delivered her welcoming address and gave some insight on how the baseline study had come about. This was followed by a PowerPoint presentation by Dr Lai Suat Yan summarising the findings of the report, ending with an interactive question-and-answer session.

A short ceremony ensued for the official presentation of the Baseline Survey Summary Report by Meera Samanther to Christopher Leong, President of the Malaysian Bar; and Dipendra Harshad Rai and Vishnu Kumar, Chairmen of the Kuala Lumpur Bar Committee and Selangor Bar Committee, respectively. Also present at the launch were academia and law students of the University of Malaya, non-governmental organisations, friends and members of the media.

Women lawyers represent 51% of the Malaysian Bar. Statistically, this validates the position that the recruitment of women into the legal profession is fair. Once in the profession though, do equal opportunities abound and are their voices heard? The report provided a comparative view of the careers and compensation of men and women lawyers, tracking the professional progress and advancement of women lawyers at all levels of private practice, including senior roles as equity partners and leadership roles. Women start out in about equal numbers to men when they enter law firms as first-year associates, but the numbers diminish at each level of seniority, shrinking the pool of women lawyers, who are severely under-represented at leadership levels.

The report examined factors that influence career progression, levels of gender bias, salary levels, whether practice areas were affected by gender stereotypes and societal expectations, impact of family obligations or having children, sexual harassment and awareness (or lack thereof) of the Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace and the complaints mechanism adopted by the Bar Council.

AWL looks forward to working with the Malaysian Bar to eradicate gender inequality, and in this regard, to:

(a) implement meaningful, concrete steps that assist women lawyers in advancing to more senior levels in greater numbers;

(b) conduct awareness campaigns on gender-based discrimination within the legal profession and the existence of the sexual harassment complaints mechanism adopted by the Bar Council. Victims of sexual harassment should be provided with the necessary emotional and legal support during the whole process so that this does not remain a toothless mechanism;

(c) recognise the impact of family commitments on working mothers and for measures to be implemented, such as part-time / flexible working arrangements for both men and women, to enable them to share in the care-giver role; and

(d) introduce gender-sensitisation programmes for all lawyers entering the legal profession, to train young legal minds to be more respectful and sensitive to the opposite sex.

The AWL Baseline Study Summary Report is accessible here, and the Final Report is accessible here.

60 Minutes: Sir Nicholas Winton "Saving the Children"

2014-07-04T23:11:00.001-07:00

16th April, AWL's 30th AGM

2014-06-25T04:32:00.002-07:00

Enjoy the AGM photos.

New Exco line-up

President: Meera Samanther

Vice President: Goh Siu Lin

Secretary: Tham Hui Ying

Ass. Secretary: Kathlyn Lee

Treasurer: Sharmini Thiruchelvam

Ass. Treasurer: Daniella Zulkifli

Committee members:

Dahlia Lee

Bong Ying Wei

Kiran Dhaliwal

Co-opted Committee Members:

Nur Raihan Jasmani

Chong Lit San

Cheryl Chong

Sally Tan

Wife murder case postponed for alibi probe

2014-05-05T20:57:00.000-07:00

Reproduced from: http://www.thesundaily.my/news/1037136

Posted on 5 May 2014 - 07:47pm
Last updated on 5 May 2014 - 08:11pm

S.Tamarai Chelvi

newsdesk@thesundaily.com

KUALA LUMPUR

: The High Court today allowed the prosecution's request for time to direct the investigating officer in a murder case to conduct an investigation on the "notice of alibi" of a cook charged with murdering his wife.

In doing so, High Court judge Amelia Tee Hong Geok Abdullah postponed the case which was fixed for hearing on Aug 4.

Jamaluddin Ali, 40, had claimed trial to a charge of murdering his wife, Nurhidayah A. Ghani, 29, at Lot 18, Kampung Petaling Bahagia, Batu 5 ½, Jalan Puchong, Brickfields, between 9pm on May 15 and 9pm on May 17, last year. The offence carries the death penalty on conviction.

When court sat today, DPP Lee Keng Fatt asked for a postponement as he had just received a copy of the notice of alibi by the defence team.

"We should be given reasonable time for instruction to be given to the investigating officer to investigate the alibi," he said, asking for one or two weeks to do so.

He also said the defence did not comply with the law when they did not give sufficient time for the prosecution to investigate the alibi.

However, defence lawyer Mahadi Muhammad said he had sent the copy of the notice to the Attorney-General Chamber's office at the Federal Territory at 3.45pm on April 25 and had an acknowledgement stamp.

Lee said the hearing was initially fixed for April 28 but he was on medical leave and the case was postponed to today. He added he had just received the copy.

He also said April 25 was only a few days to the hearing date on April 28 and even then, it was not sufficient time to carry out the investigation.

Judge Amelia asked if sufficient particulars had been supplied in the notice of alibi such as the number of witnesses to be called to establish the alibi. Mahadi said he plans to call only one witness.

She then postponed the case.

Mahadi was assisted by Suharin Sulaiman Siew while lawyer Cheow Wee held a watching brief for the victim's family.

Lawyer Goh Siu Lin held a watching brief for eight women NGOs which includes the Women's Aid Organisation (WAO).

Domestic violence victims need protection

2014-05-05T00:50:00.000-07:00

Reproduced from: http://www.freemalaysiatoday.com/category/nation/2014/02/19/domestic-violence-victims-need-protection/

FMT Staff

| February 19, 2014

A coalition of women's rights organisations urge that protection be provided for those facing continuous violence.

PETALING JAYA: A coalition of women’s rights organisations expressed concern over the lack of protection provided for domestic violence-related victims citing the tragic death of a mother of four who was allegedly beaten to death by her husband in May last year.
The woman, Nurhidayah Abdul Ghani was critically injured following her divorce application. She had allegedly made numerous police reports over a period of time prior to her death.
Due to the allegations of repetitive domestic violence, women’s group part of the Joint Action Group for Gender Equality (JAG) has proposed for a legal obligation to provide protection for victims of domestic violence through the criminal justice system and the implementation of Interim Protection Orders to protect those facing continuous violence caused by family members.
“Domestic violence must be taken seriously as it can escalate in severity and lead to death, as shown in this case,” said Sally Wangsawijaya, advocacy officer of the Women’s Aid Organisation (WAO) in a press statement today.
“Early intervention is critical as the government and the community can play their role in recognising the severity of the problem,” she added.
Echoing Sally’s sentiment was Melissa Mohd Akhir, advocacy officer with the Women Centre for Change, Penang (WCC) who stressed that the protection offered to victim survivors is crucial to prevent further violence.
Melissa also stated that the state had an obligation to practice due diligence in protecting victim survivors of domestic violence, following the recommendation of the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
A recent study conducted by the Women’s Development Research Centre (KANITA), University Sains Malaysia had found that 9 out of every 100 households in Malaysia will have a woman who has experienced domestic violence.
Nurhidayah’s husband, Jamaluddin Ali was charged for murdering his wife under Section 302 of the Penal Code which carries the death penalty upon conviction.
The case was mentioned before Judge Amelia Tee at the High Court of Kuala Lumpur. The case is fixed for hearing from April 28.
The coalition includes – Women’s Aid Organisation (WAO), Women’s Centre for Change, Penang (WCC), The Association of Women Lawyers (AWL), All Women’s Action Society (AWAM), Perak Women for Women Society (PWW), Persatuan Kesedaran Komuniti Selangor (EMPOWER) and Sisters in Islam (SIS).

The Star - It’s a violation of the law, says association

2014-04-24T02:43:00.002-07:00

Reproduced from: http://www.thestar.com.my/News/Nation/2014/04/12/Its-a-violation-of-the-law-says-association/

PETALING JAYA: Muslim convert Izwan Abdullah, who allegedly took his six-year-old-son from his ex-wife’s house, has violated the law, said Association of Women Lawyers Malaysia president Meera Samanther.

She said the police should take action against Izwan, also known as N. Viran when he married S. Deepa under civil law in 2004.

“The marriage was under civil law. Action should be taken against him since under the same law, custody of the children has been granted to Deepa,” she said.

The Syariah High Court had last year awarded Izwan custody of their son and nine-year-old daughter.

However, on Monday, the High Court awarded custody of both children to Deepa, 30.

Meera said Izwan had also violated the Guardianship of Infants Act 1961 when he converted the two children in April last year without his ex-wife’s consent.

Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism former president Datuk A. Vaithilingam said the civil court would better serve justice in this matter as it involved both a Muslim and a non-Muslim.

“The civil court is an open court while the Syariah court is closed with only Muslim participation.

“It makes sense for the civil court ruling to be upheld as here, all parties have equal opportunity and facilities to present their case,” he said.

Women’s Aid Organisation (WAO) wants the Law Reform (Marriage and Divorce) Act 1976 amended to ensure that the consent of both parents is obtained before children are converted to another religion.

It also wants a provision which states that when a spouse converts, the non-converting spouse must be notified.

Association Against Parental Alienation Kuala Lumpur and Selangor secretary Ronnie Ratna said the Deepa episode was of grave concern to many Malaysians.

“Under such situations, the normal development of children can be impaired. Children in such circumstances may end up growing up with serious life-long psychological problems,” he said.

Ipoh-based lawyer Ranjit Singh Sandhu said section 51 of the Law Reform (Marriage and Divorce) Act clearly stipulated that a spouse who wished to convert to Islam must first annul his or her marriage in the civil court.

“A spouse should not convert to Islam and seek an easy way out to gain custody of his children from the Syariah court without giving his former spouse a chance to be heard,” he said.

Interview with Health & Beauty Magazine

2014-04-14T19:46:00.001-07:00

Our AWL President, Meera Samanther was interviewed in February, 2014 by the Health & Beauty Magazine for their April issue.

Women’s group, lawyers tick off deputy minister for linking statutory rape with race

2014-03-19T20:54:00.001-07:00

rEPRODUCED FROM THE mALAYSIAN iNSIDER

BY JENNIFER GOMEZ
MARCH 19, 2014

Statutory rape should not be turned into an issue about race, women's group leaders said as they hit out at a deputy minister’s statement that non-Malays were less sensitive to statutory rape compared with Malays.

Deputy Home Minister Datuk Wan Junaidi Tuanku Jaafar had said that this was the reason statistics showed a high number of Malay victims in underage rape cases, as their parents were more likely to report these incidents.

Malays make up 80% of the statutory rape cases reported in 2012 and last year, the deputy minister revealed in Parliament, compared with Chinese, Indians and other races.

"Malays have more reports compared with other races because they are Muslims who can't accept a child out of wedlock, pre-marital sex, and because these acts are wrong by Islamic law (zina)," Wan Junaidi (pic) told Parliament yesterday during question time.

Wan Junaidi’s remarks hit a raw nerve among netizens and civil society, who criticised him as being insensitive.

Prominent lawyer and activist Datuk Ambiga Sreenevasan had only three words when asked to comment on Wan Junaidi's remarks – "I am speechless!" – she replied in a text message.

Women's Aid Organisation president Mok Chuang Lian said that underage rape was a serious problem and not a race issue.

She added that making statements that one particular race was more likely to report rapes than another was downplaying the real problem.

"The statistics should be used to understand the problem and how to curb it, especially among teenagers," Mok said.

Association of Women Lawyers president Meera Samanther agreed, adding that if statistics showed a high proportion of Malay children had been subjected to statutory rape, then the authorities should research on the reasons for this.

She also called on Putrajaya not to deflect the issue by providing sweeping statements unless they were verified, adding that such remarks encouraged a racial divide.

Instead, she said that public figures had an obligation to make statements that have basis and credibility.

"We are told time and time again, especially with the recent crisis that we should not 'speculate' but that is exactly what the deputy minister has just done," she said referring to Putrajaya’s repeated calls for the public and media not to speculate about the missing Malaysia Airlines flight MH370.

In Parliament yesterday, Wan Junaidi disclosed that last year, 80% or 1,147 of the 1,424 of statutory rape cases reported involved Malays.

Statutory rape covers those aged below 16, regardless of whether it involved consensual sex.

In comparison, he said, Chinese accounted for 4.3% (62 victims), Indians accounted for 2% (32) while other races made up about 13% (183).

This was consistent with the numbers for 2012, whereby out of the 1,243 underage rape victims, Malays accounted for 80%, Chinese 5%, Indians 3% while other races accounted for 12%.

Puchong MP Gobind Singh Deo said Wan Junaidi should state clearly the basis upon which he said non-Malays were less sensitive to statutory rape.

"He must now show us the evidence to back up his claims.

“Can he show us how many of such rapes have occurred and gone unreported until now because those affected were of a certain race who ‘were less sensitive towards it’ or ‘could accept it’?”

Gobind said if Wan Junaidi does not have the evidence to back his statement in Parliament, he should apologise. – March 19, 2014.

AWL-KLBC Seminar: "Women & the Law"

2014-03-17T23:04:00.001-07:00

AWL in collaboration with the Kuala Lumpur Bar Committee (KLBC) had successfully organised a seminar on "Women & the Law", held at the KLBC auditorium on 7th March, 2014.

The workshop was included in an article in Poskod.my titled:

"8 ways to celebrate International Women's Day in Malaysia" which appeared on 5.3.2014.

The relevant paragraph is reproduced below.

"From inspiring talks to workshops, live music and more, here’s our cheat sheet to this year’s global event. ...

Seminar on Women and The Law

Friday 7 March. Price: Free for members of the Bar and law students / RM100 for non-members.
Held at the KL Bar Auditorium, KLBC is hosting speeches covering topics for women from sex and gender, violence against women and women and the law. Bringing in experienced members of the Association of Women’s Lawyers – Meera Samanther, President of the Association of Women Lawyers, Goh Siu Lin, Vice President of the Association of Women Lawyers and Tham Hui Ying, Executive member of the Association of Women Lawyers.

Kuala Lumpur Bar Auditorium, Wisma Kraftangan (Jalan Tun Perak), 50200 KL."

The event attracted approximately 75 participants with requests to speak in other State Bars to create greater awareness on these issues.

Speakers from L to R: Wearing purple in celebration of International Women's Day
Tham Hui Ying, Meera Samanther and Goh Siu Lin

To kick start, a little information about AWL and our latest project,
the Baseline Survey on the status of the legal profession.

First session, a game to illustrate the differences of gender and sex.

Meera speaking on the feminist perspective of law.

The session ended with a group photo with some of the participants.
Ida Daniella, an AWL committee member was present to assist
in the recruitment exercise!

Seminar on Women and The Law on 7 March 2014

2014-02-18T19:41:00.001-08:00

FREE PAC/PDC Seminar

2 CPD Points (T3/07032014/KLB/KLB1425/2)

As part of the monthly FREE Seminars conducted by the KLBC in line with the Malaysian Bar's resolution regarding a mandatory Continuing Professional Development ("CPD") Scheme, the KL Bar Practitioners' Affairs Committee and Professional Development Committee have jointly scheduled the above Seminar by Meera Samanther, Goh Siu Lin and Tham Hui Ying on Friday, 07.03.2014 from 10.00am to 12:30pm. Venue: KL Bar Auditorium.

Areas to be covered:

~ Sex & Gender

~ Violence Against Women

~ Women & the Law

About the Speakers:

Meera Samanther is an Advocate & Solicitor at Messrs Kang & Kang. She was called to the Bar in 1985 and was a full time commercial litigator for 10 years in Messrs Shearn Delamore & Co. Meera thereafter became active as an activist at the Women’s Aid Organisation and was elected President in 2000 till 2011. She is currently the President of the Association of Women Lawyers. She has actively participated and conducted pro-bono cases for the Women’s Aid Organisation( WAO) ; Women’s groups (Joint Action Group on Gender Equality-JAG-GE); Watching Brief Cases for the Infringement of Constitutional Rights, Migrant Domestic Cases and Rape. Being an advocate for women and migrant rights, she has travelled internationally representing Malaysia and WAO at various conferences and conventions. Meera currently trains lawyers on the Feminist Perspective of Law, advocates for changes in the laws relating to Women's Rights and was part of the Article 11 speakers on Freedom of Religion.

Goh Siu Lin is a partner of Shook Lin & Bok. She read law at the University of Bristol and is called to both the English and Malaysian Bars. She is the Vice President of the Association of Women Lawyers and a committee member of the Kuala Lumpur Bar Committee. Siu Lin has a diverse and active practice and handles all aspects of contentious disputes arising from contractual civil claims with a special emphasis on banking and finance litigation, contentious probate and family law. Other practice areas include tenancy disputes, defamation, fraud, judicial review proceedings and land reference cases. She has conducted a watching brief on behalf of the Women’s Aid Organisation (WAO) for a hearing-impaired woman who is a domestic violence survivor during the custody hearings and is presently conducting a watching brief on behalf of 8 women’s groups in a domestic violence-related murder trial of PP v Jamaluddin bin Ali.

Tham Hui Ying is currently a partner at Messrs Alahakone Tham and Associates. She obtained her LLB from the University of Reading. She was called to the Bar of England and Wales in 2009 and admitted to the Malaysian Bar in 2010. She focuses on family law disputes and has a keen interest in Child’s’ Rights advocacy. She is an Executive Committee member of the Association of Women’s Lawyers and a member of the Bar Council’s Human Rights Committee.

As this is a FREE Seminar, Members of the Bar, Pupils-in-Chambers and Law Students who have registered are to ensure their attendance. Otherwise, it may deprive others of the opportunity to attend. Any cancellation shall be in writing and received by the KL Bar Secretariat by 3 working days prior to the Seminar. Members of the Bar, Pupils-in-Chambers and Law Students who have registered for the Seminar and fail to turn up, will not be allowed to register for future Free Seminars, Workshops,Talks and Forums organised by the PDC.

REGISTRATION FEE

Members of the Bar, Pupils-in-Chambers / Law Students – FREE but registration is required.

Non-Members – RM100.00 per participant. Registration Must be Accompanied With Payment to Guarantee Your Place

Only 120 Seats Available. Click

here to register.

METHOD OF PAYMENT:

Payment is to be made at any Maybank

Name of Account: Kuala Lumpur Bar Committee

Account No: 564315003715

Fax the bank in slip to 603-26911090 together with the Registration Form.

NOTE:

Registration is strictly on a first-come, first-served basis.

Confirmation is upon receipt of payment.

The Organisers reserve the right to postpone or cancel the Event, should circumstances arise that make such action necessary.

Fee paid is non-refundable unless the Event is cancelled by the Organisers. If a participant is unable to attend, a replacement participant is allowed.

The registration counter will be opened for registration at 9.30am on the day of the event. The Event will start at 10.00am sharp. Please be punctual.

Kindly note that Photo ID (IC, Driving Licence, etc) is required for registration.

Certificate of Attendance for participants is only provided upon request by filling up the Evaluation and Feedback Form and returning it to the Registration Desk AT THE END OF THE EVENT.

To be eligible for the Certificate of Attendance and CPD Points, please take note that:

You must participate in the Event until its completion including the Q & A Session and be present throughout the Event.

Latecomers (15 Minutes after the start time) and those who leave early will not be entitled to receive the Certificate of Attendance and the CPD Points.

For registration information, please contact Siti at the KL Bar Secretariat 03-26933585.

AWL joins the JAG group!

2014-02-17T21:22:00.001-08:00

As of 16 Feb 2014 , Association of Women Lawyers (AWL) is now part of the JAG coalition ( Joint Action Group of Gender Equality ) , consisting of 10 women's organisations.

Free speech, not hate speech — Malaysian NGOs

2014-02-11T02:03:00.003-08:00

February 7, 2014

Reproduced from the Malay Mail online

FEB 7 — We, the undersigned, are troubled by the inaction of the police as they have taken no apparent action against the threats to the safety of Ms Teresa Kok, the Member of Parliament for Seputeh.

While we support the freedom of expression and right of every person to peacefully assemble, a line is crossed when there is a call to violence against another person exercising her freedom of expression.

The action taken by the representatives of Council of Islamic NGOs in offering a reward of RM1200 to the person who manages to slap Ms Kok is nothing short of criminal intimidation. This is an offence S503 of the Penal Code with a maximum punishment of 2 years imprisonment and / or a fine.
If a person does slap Ms Kok thereby committing the offence of causing hurt under S321 of the Penal Code, representatives of the Council of Islamic NGOs are also abettors. Under S109 of the Penal Code, they are liable to be imprisoned for 1 year and / or fined a maximum of RM2000.
A second act of criminal intimidation was committed when the representatives of the Council of Islamic NGOs slaughtered chickens and then smeared their blood on a banner with Ms Kok’s image and those of other opposition leaders to hark back to the May 13 riots.
The call to slap Ms Kok by the Council of Islamic NGOs is also an example of violence against women. Ms Kok was the only woman in their banner and only she was threatened with a slap.
Gender based violence is a form of discrimination against women as it hinders women’s full participation in all aspects of their lives. In Ms Kok’s case, it is another obstacle in her pursuit of a political life. Malaysia continues to fall in the Global Gender Gap Index: from 72 in 2006 to 102 in 2013. This is largely due to a low score in the political empowerment of women. The failure of the government in ensuring a safe space and an enabling environment for women in the political arena will ensure that we keep sliding in the Global Gender Gap Index.

On 20 March 2014, Malaysia’s universal periodic review (UPR) report will be adopted by the UN Human Rights Council. The government’s failure to promote, protect and fulfil women’s right to non-discrimination and the enjoyment of equality will surely be mentioned by NGOs when we address the UN Human Rights Council.
Endorsed by:
1. Persatuan Kesedaran Komuniti Selangor (EMPOWER)
2. Suara Rakyat Malaysia (SUARAM)
3. Pusat KOMAS
4. Malaysian Physicians for Social Responsibility
5. Persatuan Masyarakat Selangor dan Wilayah Persekutuan (PERMAS)
6. Community Action Network (CAN)
7. Coalition of Malaysian Indians NGOs
8. Group of Concerned Citizens
9. Academy of Tamil Studies
10. Saya Anak Bangsa Malaysia (SABM)
11. Women’s Aid Organisation (WAO)
12. Himpunan Hijau
13. Association of Women Lawyers (AWL)
14. Social-Economic Committee of KL & Selangor Chinese Assembly Hall (SEC-KLSCAH)
15. Persatuan Sahabat Wanita, Selangor (PSWS)
16. Sisters in Islam (SIS)
17. Knowledge and Rights with Young people through Safer Spaces (KRYSS)
18. Civil Rights Committee – KLSCAH
19. Persatuan Alumni PBTUSM KL & Selangor
20. All Women’s Action Society (AWAM)
21. Malaysians for Beng Hock
22. Amnesty International Malaysia
23. Damn The Dams
24. Peoples’ Green Coalition
25. Sembang-sembang Forum

See more at: http://www.themalaymailonline.com/what-you-think/article/free-speech-not-hate-speech-empower#sthash.0MoqPgw0.dpuf

Baseline Study on the Working Conditions of Male and Female Lawyers in KL and Selangor - out in Praxis!

2013-12-26T20:43:00.000-08:00

Article reproduced from the Jul-Sept 2013 issue:

The Association of Women Lawyers ("AWL") is conducting this study with the collaboration of Human Rights Commission of Malaysia ("SUHAKAM") and the Women's Aid Organisation ("WAO"). Legal and gender experts and a statistician from the University of Malaya ("UM") have been engaged as consultants.)

The main purpose of the study is to ascertain, among others, the working conditions of lawyers, their job satisfaction and the existence of any form of gender discrimination, if any, in the legal profession in Malaysia. The study will also include issues of sexual harassment.

To gain more insight into the study, we approached Meera Samanther, President of AWL to explain what the study is all about.

First things first: What is AWL?

AWL is an association of female lawyers from Kuala Lumpur and Selangor. We are responsible for the promotion of the rights, welfare and professional development of women lawyers and law graduates in Malaysia. It is an organisation to eliminate discrimination and ensure full and equal participation of women lawyers and law graduates in the legal and related fields.

Apart from promoting gender equality and increasing the participation of women in all levels of legal and public institutions, AWL also aims to help support young female lawyers, so that they learn from their "sisters-at-law" who were there before them.

How did the idea of conducting this study come about?

It all started over a cup of latte in 2010, when my friend Sheena Gurbakash (a former practitioner) and I started lamenting and discussing the various ways in which we could get AWL members energised and focused on what's best for AWL. We decided to hold a brainstorming session where some of the younger members shared about the sexual harassment cases they knew of and the intimidation they experienced. Some also spoke about how they were encouraged by their lecturers to steer towards a path in conveyancing and family law, as apparently, it best suited a woman's lifestyle. When I was in Melbourne, I met with the Dean of the Law Faculty, who shared with me the various surveys that the Victorian Women Lawyers had conducted and so over our third cup of latte, Sheena and I realised that an exclusive study on sexual harassment would be insufficient because we felt that we needed to broaden our survey to look further and look at why women lawyers face unique challenges in their career.

Why is there a need to conduct this study?

There has never been any kind of survey or analysis of how women have progressed in the profession. We accept that there are rising stars and women with amazing competence through the years, e.g. Puan Hendon Mohamed, the late Tan Sri Lim Phaik Gan, Tan Sri Norma Yaakob and Dato' Ambiga Sreenevasan, who are somewhat legendary in the legal circles. We also realise that there are many women who own their own firms or hold senior positions and who have exceeded clients' expectations. We also acknowledge the great strides that women have made in the judiciary, the Attorney General's Chambers, and also women lawyers who are less in the limelight but no less competent in the corporate world, who all began their career as lawyers. We are extremely proud of these individuals.

The profession has grown by leaps and bounds and there are many young female lawyers, who are making their way through the ranks and looking for opportunities for Mentorship and guidance. AWL Would like to play an active role in supporting these young lawyers. From the survey, we hope to obtain responses from women and men to get some kind of baseline about working conditions and social attitudes in practice.

How do you ensure that data collected from the study accurately reflects the true state of working conditions of lawyers in the Kiang Valley and Selangor?

As the sample of lawyers forming the survey is randomly selected and the field broad and large, it is hope that any lopsidedness is eradicated and we get a true picture and perspective of the working conditions of the current practitioners. There is no guarantee of course but when the numbers are big, and random, there are less chances for the study to be slanted in any way.

We hope that this study will reveal the situation from the surface and to gauge the general view of legal practitioners on the working conditions of male and female lawyers in Kiang Valley and Selangor. Most of our questions are based on experiences shared by male and female lawyers.

The Malaysian Bar has implemented a mechanism to deal with instances asexual harassment among members. In your opinion, how effective is this mechanism?

I realised from my observations that a lot of people do not seem to be aware of it. In fact, even some of the new members of AWL were not aware of the 2005 Bar Council Resolution and the Circular on the Code Of Practice on the Prevention and Eradication of Sexual Harassment, which was circulated sometime in 2007. Therefore we cannot say that this mechanism is effective.

At the same time, we also need to understand the complexities of sexual harassment issues. The legal fraternity is small and, as much as we try to raise awareness on this matter sexual harassment is still a taboo in our society. It is something that affects the victims personally. We also need to be sensitive when approaching alleged perpetrators. However, we understand that just because sexual harassment is not discussed widely, that does not mean that it does not exist. That is why we support the Bar's efforts in this cause. We believe that it would be useful if the mechanism is discussed during the Ethics course or to have regular workshops on sexual harassment.

Other women NGOs have already conducted numerous surveys on women in the workplace. What distinguishes this one?

The unique thing about this study is that it is based on a feminist methodology on professional women that acknowledges that women and men experience social life and working life differently; Many studies have been conducted on the marginalised community in Malaysia and we are not aware of any conducted on a professional group.

This study will not only focus on direct discrimination such as sexual harassment. It will also seek to ascertain the extent of indirect discrimination in the Workplace. Indirect discrimination occurs when demands are made of employees that are not cognisant of the various social expectations that are placed on women. For example, the expectation that lawyers work long hours does not recognise that some women are also expected to care for families. A woman's inability to work those long hours may lead to her career options to be limited. We have also received anecdotal evidence that some young female lawyers are not given the opportunity to conduct their own trials as clients have this perception that male lawyers command more respect and are more competent to do so.

Thus the questions will include whether mentoring and paring for family members affect male and female lawyers differently and also whether there exists stereotypical perceptions on the ability of male and female lawyers. It is also pertinent to note that this study is targeted at both male and female lawyers, because it is not an isolated profession. Female lawyers work with male lawyers. We recognise the contributions that male lawyers have and continue to make in the legal fraternity and we are interested in what they have to say.

AWL is known as one of the women's groups, which pushed for the enactment of law on domestic violence. What do you hope to achieve with this study?

The aim of the survey is to help us understand the working conditions as well as the professional and personal challenges female lawyers face vis-a-vis male lawyers. Women lawyers make up nearly half of the Bar, and as such we have a stake in it. We all know that the level playing field is not equal between male and female lawyers even though there is nearly an equal participation of female lawyers in the profession.

We hope that this study will reveal information about how both men and women lawyers feel about their work and whether there really are androcentric biases. We also hope that this study will allow us to create programmes and action plans to address the issues women lawyers face and issues of discrimination, if any, and to work towards strengthening contribution by the women lawyers in the development of the profession and of society as a whole.

For further information on the study, please contact:

Meera Samanther

President, Association of Women Lawyers

meera_samanther@yahoo.com

Dr Lai Suat Yen

Lead Consultant, Baseline Study on the Working Condibbns of Male and Female Lawyers in Kuala Lumpur and Selangor laisy@um.edu.my

Written by:

Ida Daniella Zulkifili

Advocate and Solicitor, Shook Lin & Bok

Nur Raihan Jasmani

Advocate and Solicitor, Alahakone &Associates

AWL Xmas Party and What a Party it was!

2013-12-23T22:23:00.000-08:00

The festive season is here and last Friday, saw AWL lawyers gathering at Chef n Brew, to celebrate another good year of projects successfully undertaken, to reconnect with old friends and meet new ones.

As I sat there, I marvelled at the warmth and camaraderie on display. How this year's celebrations contrasted with the first AWL Xmas party three years ago, when many were still new to AWL and to one another. I'll let the pictures do the talking!

Ida Daniella, Kathlyn and Hui Ying spear-headed the Xmas themed party games,
first on the agenda, a Xmas present exchange. Someone reads a story aloud and the
gift is passed in the direction (Left or Right) stated in the story. The person holding
the gift at the end of the story gets to keep it.
Eg. "I left my house and was on my way to Lucy Left's house..."

Women practitioners and non-practitioners, ranging from pupils up to those
with 40 years of practice under their belt (ie. Ms Vicky Alahakone).

Jane Pragasam delighted with her new
bling bling jewellery and earrings.

Tham Hui Ying (Assistant Secretary) now has no excuse
for badly manicured nails!

Our President, Meera Samanther, looking beautiful in
her lace detailed dress.

Showing off our Xmas stash... Note Ms Foo's skull top, only she
is able to pull off this look and still look chic.

With Kathlyn Lee (Secretary) and Hui Ying (Assistant Secretary)

Ms Foo's turn at charades.

L to R: Hui Ying, Shahin, Meera, Fiona

Team Incorrigibles... leading in Charades much to the chagrin of my team.... :(

The final score... losers (The Unpretentious) had to write "Merry Christmas"
with their bottoms much to the amusement of fellow patrons.

Vicky and her protege, Hui Ying.

L to R: Kiran (best-dressed in my book), Siu Lin, Vicky, Hui Ying, Ms Foo, Shahin.

Big dazzling smiles...enough to light up any room (or Xmas tree!)

Kathly, Ida Daniella, Hui Ying, Siu Lin, Sally, Cheryl and Eliz.

Any Xmas celebration would not be complete without some carolling!

Dextrous Kathlyn on the keyboard. We rocked the restaurant with "Jingle Bells"!

It was a fantastic and memorable evening.

We look forward to a fruitful and impactful year ahead and all are welcome to help in our future projects and lead AWL to a higher platform.

AWL Annual Dinner - 21st December, 2013

2013-12-10T22:20:00.001-08:00

Dear members,

It's nearing the end of the year, and it's time to catch up, be merry and party!

AWL Annual Dinner Party will be held on Saturday, 21.12.2013.

Venue: Chef & Brew Restaurant

Address: Epicure, 1 Jalan Medan Setia 1, Bukit Damansara, 50490 Kuala Lumpur

Please contact Daniella (012-9740517/daniella.zulkifili@gmail.com) or Hui Ying (012-9446153/ hytham@googlemail.com)if you are able to attend.

See you all there!

Reopen the child bride rape case, say groups

2013-12-03T21:04:00.000-08:00

Reproduced from: http://www.thestar.com.my/News/Nation/2013/11/30/Reopen-the-child-bride-rape-case-say-groups-Dont-let-rapists-escape-prosecution-through-marriage.aspx

PETALING JAYA: Women’s groups have demanded better rape investigation procedures and have called for the case involving a child bride who was allegedly raped by a youth whom she later married to be reopened.
Sisters In Islam programme manager Suri Kempe said the case of 13-year-old Nor Fazira Saad had highlighted a legal loophole in the law, which allowed rapists to escape investigation and punishment through marriage.
“Muslim and non-Muslim children must not be treated differently. It is deplorable that marriage is being used by alleged rapists as a way to escape prosecution.
“The government must stop rapists from manipulating religion and culture. We urge the government to make child protection a priority by amending this flawed provision in the law.
“The practice of child marriages affects many economic, social and health risks and does not protect our girls or secure their future,” she said.
Suri said the best interests of the child “was clearly not a consideration” when the Syariah Court approved this marriage application.
She said the Child Act 2001 recognises a 13-year-old girl as a child but despite being legally a child, she is denied the protection normally afforded to children, including anonymity from public scrutiny, just because she is married.
“This is one of the perils of child marriage, a practice that has no place in a country that aims to be a developed nation by 2020.”
Human rights lawyer and activist Honey Tan said as the crime of rape was against the state, a police report on rape could technically not be withdrawn.
“In theory, you can carry on even though the victim doesn’t want to proceed. Ideally, we should not place so much weight on the complainant’s evidence,” she said.
“In other countries, police evidence, videos, photographs and doctors testimonies carry equal or more weight.”
Tan, who is also part of NGO Persatuan Kesedaran Komuniti Selangor (Empower), said as it was common for young victims to have trouble testifying, it was important to have witnesses who were “completely objective” like doctors.
Women’s Aid Organisation executive director Ivy Josiah said the case served to highlight the regressive idea that once a girl was no longer a “‘virgin”, she was regarded as worthless.
“If you’re raped, you’re seen as worthless and no one will marry you. There’s a cultural belief that a woman is nothing after being raped, leading to some using rape as coercion into marriage.”
Josiah called for the social welfare department to step in, adding that it was “appalling” that a child was allowed to wed.
“Where is child protection in this instance? The courts should be educated that child marriage should not be condoned at all.”
Josiah, too, called for the police to re-open the investigation.
“Withdrawing a report does not mean the crime was not committed,” she said.
Association of Women Lawyers president and WAO exco, Meera Samanther also said that the police could pursue the case themselves.
“Competent police will go the extra mile to try and find out why there was a withdrawal.
“In this case, a social worker should have stepped in to interview the girl and find out more. It’s the state’s duty to find out what happened as it’s their responsibility.”
Meanwhile, Attorney-General Tan Sri Gani Patail said he would look into the case personally.
“We are now obtaining details of the case,” he said, adding that the A-G’s Chambers would respond to the issue soon.
Social Welfare department director-general Datuk Noraini Mohd Hashim said the department had to respect the wishes of Nor Fazira Saad’s parents as she was a minor and was under their responsibility.
“We have to respect the wishes of the parents. She is divorced now, she has parents and she must go back to them first. The responsibility is with them, and we cannot encroach on their rights,” she said.
Noraini said that if approached, the department would discuss the next step with the parents.
“If she needs counselling, we can provide that. If she would like to go back to school, we can help with that too.
“We don’t want to encroach on a family matter. We will approach only if they seek our help,” she said.

The Association of Women Lawyers, Malaysia

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AWL GEI Colloquium (14.6.2016), opening address by Hon Secretary, Kathly...

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AWL's View on Marital Rape - Why It Should Be Criminalised

AWL is of the view that Section 375A of the Penal Code is deficient for many reasons. For example:

b) it should also be highlighted that the prescribed punishment under Section 375A is imprisonment up to 5 years - extremely mild when compared with Section 375 which prescribes a minimum period of incarceration of 5 years up to a maximum of 20 years AND whipping.

If Section 375 and Section 375A were meant to be the same animal under the guise of a different term, then why is there an apparent and gross disparity in sentencing guidelines??

Why is the offence of marital rape not stigmatised in the same manner as the other categories of rape under S375? Why should rape in a marital relationship be punished less severely? Does S375A send a sufficiently strong message of condemnation of the act of marital rape?

These are but a few questions for each of us to consider when evaluating whether or not the existing S375A is adequate in providing deterrence and justice to victims of marital rape.

Goh Siu LinPresident

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Goh Siu Lin
President