Source: http://www.focusmalaysia.my/People/fighting-for-gender-equity-and-diversity
Sunday, May 14, 2017
Fighting for Gender Equality & Diversity - Focus Malaysia
Sharing my journey, a 2 page article by Han Kar Kay, 10th May, 2017
Wednesday, May 10, 2017
The Butterfly Effect - President's Address (AWL's 34th AGM, 27th April, 2017)
27th April, 2017
34th Annual General Meeting of the Association of
Women Lawyers
PRESIDENT’S ADDRESS
A warm welcome to all of you. Thank you for attending AWL’s 34th
Annual General Meeting. It is marvellous to see new and familiar faces amongst
us. For the benefit of our new members, it would be appropriate for me to begin
with a brief history of AWL.
AWL was established in 1983 by the diligence, foresight,
sacrifice and commitment on the part of our founding members - Dato’ Noor Farida Ariffin, Tan Sri Dato Seri Siti Norma
Yaacob, Dato’ Ambiga Sreenivasan and Chen
Kah Leng. In those early years, AWL was one of five (5) women’s groups[1]
whose tireless advocacy and lobbying efforts culminated in the passing of the Domestic Violence Act
1994[2].
Malaysia was a pioneer and the first country in the Asia-Pacific region then to have
domestic violence legislation.
However, subsequent to those early trail-blazing years, AWL,
under the unfortunate moniker of FOWL[3]
(Federation of Women Lawyers, Malaysia), fell into a downward spiral and
appeared to have lost its significance for well over a decade.
Fortunately, in 2008, we managed to shed our FOWL feathers
and went through a process of renewal and reinvention, emerging like a phoenix
from the ashes. A few individuals were instrumental in leading this change to
revamp the society’s
structure and mission. Some of these individuals are here with us today, Ms
Jane Pragasam, Ms Vicky Alahakone and our immediate past President, Ms Meera
Samanther.
As the society began to regain its footing, there was
recognition of the need to support female lawyers in the profession but
empirical data was required to provide credibility to any proposals or projects
for change.
The beginnings of an idea for a survey was suggested[4] over
a latte by Sheena Gurbakhash to our immediate past-President, Ms Meera
Samanther. On 26 June 2014, that idea became a reality! The Findings of the
Baseline Survey[5] on
the Working Conditions of Male and Female Lawyers in KL & Selangor was officially
launched at the KL Bar Auditorium with copies of the Baseline Survey
ceremoniously handed to the then President of the Malaysian Bar[6] (Mr.
Christopher Leong) and both Chairmen of the KL and Selangor State Bars. Notably
at that time, no female lawyer had ever held the chairman post for both State
Bars.
The AWL Baseline Survey provides hard data that women lawyers
faced gender discrimination and vindicated what in the past, had been mere
anecdotal accounts. Key areas were
identified with recommendations and programmes to eradicate gender inequality
in the legal profession.
In October 2016, AWL was invited by the Thailand Institute of
Justice (TIJ) to participate in the South East Asian Regional Roundtable
Discussion on “Women
As Justice-Makers”[7] held
in Bangkok. We were most elated to have been given the privilege of presenting
a copy of our AWL Baseline Survey to the then Australian Ambassador for Women
& Girls, H.E. Natasha Stott Despoja.
The AWL Baseline Survey provided the seed that grew into an
organic collaboration between AWL and the Bar Council, leading to the formation
of the Gender Equality Initiatives (GEI), a platform to raise awareness
on issues on gender discrimination amongst students of local law colleges.
Last year, the theme “Women
in Leadership Positions”
was selected for the GEI Colloquium[8] held
in June, 2016 and the GEI Moot in November 2016. Special thanks to the
organising team led by Meera Samantha and Santhi Latha, our Secretary, Kathlyn
Lee who delivered the Colloquium keynote address and our Treasurer, Daniella
Zulkifili who crafted the moot problems based on real-life case studies. The
GEI theme and moot questions were intended to make the students to think and
analyse why was there a dearth of women in leadership roles. Is there
discrimination? If yes, why does such discrimination exist? What were the
underlying root causes? These questions and more, highlight and bring into
focus the barriers to a woman’s
career and leadership progression - issues such as pregnancy and the double
burden of child and elder care.
To me, it was an extremely befitting theme given my own
personal experiences and the internal mental struggles I had to overcome before
deciding to stand for the post of Chair at the Kuala Lumpur Bar Elections
earlier this year, on 23 February 2017. But I did it! We did it!
I now move on to the AWL Annual Report which chronicles the
hard work of the society. The successful implementation of our projects was
only possible with the passion and dedication demonstrated by my fellow Exco
members. We do this work not for ourselves. Our success and satisfaction comes
from helping other people, advocating for gender-sensitive laws and policies[9],
working for a more inclusive bar and educating others[10]. We work
so that the term “feminist” will one day shed its
unfair negative connotations and to narrow the gender gap[11].
The next stage is for AWL to continue on its mission to
advocate for an enabling environment for women lawyers. A platform for women
lawyers to speak out about what we can do for one another. Mentoring,
friendships, supportive networks whether formal or informal. To help someone
behind us to accomplish and fulfil their fullest potential, to level the
playing field.
Next, is a project
close to my heart, the AWL’s
Child Sexual Crimes team. This originally began in late 2015 as a Standard
Operating Procedure (SOP) project in collaboration with the AG’s Chambers, WCC Penang,
relevant governmental stakeholders and child-focused NGOs.
In 2016, one representative each from AWL and WCC Penang, were selected to represent the Joint Action Group for Gender Equality (JAG) at the Sexual Crimes Taskforce[12] which led to the eventual tabling of the Sexual Offences Against Children Bill (SOAC)[13]. It gives me great delight to inform you today that the SOAC Bill was passed last night by the Dewan Negara[14].
In 2016, one representative each from AWL and WCC Penang, were selected to represent the Joint Action Group for Gender Equality (JAG) at the Sexual Crimes Taskforce[12] which led to the eventual tabling of the Sexual Offences Against Children Bill (SOAC)[13]. It gives me great delight to inform you today that the SOAC Bill was passed last night by the Dewan Negara[14].
We would like to thank Melissa Akhir of WCC Penang and our
Vice President, Tham Hui Ying. Melissa (also an AWL member) and Hui Ying were
tremendous sources of support during the hectic weeks in March and April this
year during our SOAC engagement with Parliamentarians. It’s been a wonderful
journey. So far, what moves each
and every one of us is the possibility of making a difference and the
exhilarating feeling that comes when we see it crystallise and happen.
Needless to say,
our work to strengthen victim support services for child victims of
sexual crimes is far from over. AWL continues to support the Star’s R.AGE Team in this
area. Most recently, we have been invited to participate in the filming of a
mock trial[15] on
the new offence of sexual grooming, to take place next Saturday.
I don’t believe anyone has to wait to make a
difference. Your ability to impact others never stops. If you say no, you only
shut yourself from opportunities, like attending a networking event, meeting
new people and transforming mindsets, others and yours. So what I would advise
is, be open to opportunity and from my personal experience, life has begun to
change in a very positive way. It has not always been easy, it is hard work,
there are costs and sacrifice involved. However, we should take on the
challenge and stretch ourselves to gain new experiences and skill sets.
To conclude, how
many of you have heard of the Butterfly Effect[16]?
I read about this recently and it’s a powerful illustration of how little
acts can result in dramatic effects. The butterfly effect chaos theory is that
a butterfly flapping its wings in South America can affect weather patterns
causing a typhoon halfway around the world!
So, we owe it to the next generation of women lawyers to put
our hands down and pull them up. These
small gestures will have tremendous and lasting impact on the careers of women.
Together, we can be very powerful. Let us be part of the solution. Let
us effect amazing change… just like those butterflies, right
here in Malaysia.
Thank you.
GOH
SIU LIN
President
Association
of Women Lawyers (2015-2017)
[1] Women’s Aid
Organisation (WAO), Association of Women's Lawyers (AWL), Malaysian Trade
Unions Congress Women's Section, University Women's Association (University
Malaya) and the Selangor and Federal Territory Consumers' Association
[7] https://www.facebook.com/pg/AWLMalaysia/photos/?tab=album&album_id=1173118259402223 “Women and girls
in the justice system should not only been seen as "passive citizens,
victims, inmates or mere onlookers but also as lawmakers, law enforcers, law
supporters and indispensable resources for the system reform."
Malaysia is
placed 106 out of 144 countries in the Global Gender Gap Index 2016
[12] http://www.thesundaily.my/news/1950293 “Azalina to head
new taskforce on crimes against children”
[13] https://www.facebook.com/ragepmp/videos/623909834476959/ Predator in my Phone “Congratulations
Malaysia, We did it.”
[14] 26 April, 2017. http://www.bernama.com/bernama/v8/ge/newsgeneral.php?id=1351030 “Dewan Negara
Passes Sexual Offences Against Children Bill 2017"
Monday, May 8, 2017
Interview with Umapagan Ampikaipakan of BFM - "Leading Lady of the Law"
Sharing this interview that was aired on BFM with Uma and Producer Tashia. xx
Extracts and link below
http://www.bfm.my/leading-lady-of-the-law.html
Extracts and link below
http://www.bfm.my/leading-lady-of-the-law.html
LEADING LADY OF THE LAW
Goh Siu Lin, Chairman of Kuala Lumpur Bar Committee
10-Apr-17 19:00
Women make up 51% of practicing lawyers in Malaysia, but the profession is still largely seen as a boys club. Disparity in the number of females in partner positions persist, and there is still a lack of presence in the executive committees of Bar Councils across the country. But this year, in a surprise landslide victory, Goh Siu Lin was elected as the chairman of the Kuala Lumpur Bar Committee, making her the first woman to ever hold the position. There's lots to do, and Siu Lin has one year to make some big changes. We catch up to find out what her plans are to create a more equal and inclusive Bar.
Tags: Evening Edition, In Focus, Goh Siu Lin, Kuala Lumpur Bar Committee, Equality, Malaysian Law, Association of Women Lawyers, Government/Regulatory/Policy Making, Other personality interviews
Dan Lain-lain
Life
Sunday, April 9, 2017
BFM Interview on Rape Laws in Malaysia (10.4.2017)
The interview was aired on Monday morning (10th April, 2017) and here's the link below:
http://www.bfm.my/current-affairs-is-our-rape-law-serving-justice.html
Wednesday, March 22, 2017
Lawyers: Give automatic citizenship to stateless children adopted by Malaysians by Ida Lim
Reproduced from:
http://m.themalaymailonline.com/malaysia/article/lawyers-give-automatic-citizenship-to-stateless-children-adopted-by-malaysi
http://m.themalaymailonline.com/malaysia/article/lawyers-give-automatic-citizenship-to-stateless-children-adopted-by-malaysi
KUALA LUMPUR, March 23 ― Putrajaya should automatically grant citizenship to stateless children born in Malaysia once they are adopted by Malaysian parents, lawyers have said.
Lawyer Raymond Mah asserted the National Registration Department (NRD) has wrongly applied the law with its current practice of only granting citizenship to adopted children in two scenarios: if the biological parents are a married Malaysian couple, or if the biological mother is Malaysian but gave birth without being married.
“This practice is without any legal basis and has unlawfully rendered stateless many adopted children whose biological mother is unknown or is non-Malaysian,” he told Malay Mail Online when contacted.
In Malaysia, a child who is born here out of wedlock to a Malaysian father and foreigner is considered to take on the biological mother’s nationality. The Court of Appeal, in a case last Thursday, said this meant the child’s statelessness was unproven and prevented him from being recognised as a Malaysian citizen.
Mah argued, however, that the NRD should instead use the nationality of the adoptive Malaysian parents when deciding if citizenship should be granted for a stateless child who has been adopted.
“The NRD's reference to the citizenship of an adopted child’s biological parent is wrong and irrelevant, as the child's post-adoption birth certificate has reference only to the adoptive parents. Further, the biological mother no longer plays any part in the child’s life and it is not logical for an adoptive child to follow his/her biological mother’s citizenship,” he said.
For a Malaysia-born child lawfully adopted by Malaysian parents, Mah argued that the child should be entitled to citizenship under Section 1(a) of Part II of the Federal Constitution’s Second Schedule — which requires at least one of the parents to be a Malaysian citizen.
This is because the adopted child’s lawful “parents” would be the adoptive Malaysian parents, owing to the Adoption Act 1952’s Sections 25A(5) and (6) where the post-adoption birth certificate — which names the adoptive parents as the child’s “parents” — is to be used to determine who the parents are.
“The pre-adoption birth certificate is no longer valid and further reference cannot be made to it, even for the purpose of determining the Child’s citizenship. Again, reliance on sections 25A(5) and (6) of the Adoption Act 1952 is often overlooked,” he said.
“In order to avoid prejudice to stateless and adopted children arising from the misapplication of the present laws, legislation should also expressly provide that an adopted child is entitled to Malaysian citizenship if the adoptive parents are Malaysian citizens,” he added.
Best interests of the child
Family lawyer Goh Siu Lin supported the automatic citizenships for stateless children adopted by Malaysian parents, and noted the government appeared in recent times to not even give them the permanent residencies that she said was the norm before.
“I would urge the government to revisit this position as this is contrary to intent of the Adoption Act 1952 which by Section 9(1) provides that an adopted child is to be treated as though born to the adoptive parents in ‘lawful wedlock’ and Section 25A which provides that the birth certificate of the adopted child should not contain the word ‘adopted’ and by extension, the adopted child should have the same citizenship status as his adoptive parents,” she said.
She also said the Malaysian government and the Malaysian courts are required by the United Nations’ Convention of the Rights of the Child’s (CRC) Article 3 to to place the “best interests of the child” as the “primary consideration” when making decisions and interpreting laws.
“Malaysia should give effect to its international obligations under the CRC and remove its reservation to Article 7 of the CRC and to put in place enabling laws to give effect to the right of a child to acquire a nationality, currently denied to the many stateless children in Malaysia,” she said.
Among other things, Article 7 states a child shall have the right to acquire a nationality, with countries to ensure the implementation of such rights in accordance with their national law and international obligations, especially when the child would otherwise become stateless.
Malaysia ratifed the CRC in 1995, but said it would only apply five of the international treaty’s provisions — including Article 7 — if they conform with the Federal Constitution, national laws and national policies.
Lawyer Simon Siah, who noted most stateless children in Malaysia are denied citizenship due to being born out of wedlock to a non-Malaysian mother, similarly proposed Malaysia ratify the CRC’s Article 7.
“With this, all the children should be given a citizenship as long as one of their parent is Malaysian. Adopted children must also be given citizenship and the State must always keep in mind the priority is the children,” he said.
Lawyer Annou Xavier said Malaysia must have the political will to give effect to the CRC since it ratified the international convention, also highlighting the importance of the convention’s Articles 7 and 3 that touch on the right to nationality and the best interests of the child to be given primary consideration.
“What are primary interests of children? A child must have a place of residence or a country which he can reside as home,” he said, also backing the granting of citizenship to those adopted by Malaysians.
Annou said there should be an amendment of the Federal Constitution provision that currently said a child's citizenship followed the biological mother's citizenship status, saying a child should be recognised as citizen as long as either parent is Malaysian. The NRD website names this provision as Section 17 of Part III of the Federal Constitution’s Second Schedule.
Human rights lawyer Honey Tan cited the Universal Declaration of Human Rights' Article 15, which stated that every person has a right to a nationality.
“Every person who is born in Malaysia should have citizenship. If either one of the parents of the child is Malaysian, that child should also be a citizen automatically,” she told Malay Mail Online when contacted.
That overlooked ‘one-year’ clause
In a classic example of Malaysia-born illegitimate children being denied citizenship despite having a Malaysian biological father, a six-year-old boy last Thursday lost his bid to be recognised as truly stateless, even when the Thai woman whose nationality he was deemed to have taken on was untraceable.
Among other things, the boy had sought for a court order to be declared a citizen via the Federal Constitution’s Article 14(1)(b) and section 1(e) of Part II of the Constitution’s Second Schedule, which states that every person born in Malaysia and who are not born a citizen of any country is a Malaysian citizen by operation of law.
But Mah pointed out that the constitutional provision of section 1(e) should be read together with Section 2(3) of the same Schedule, which he said makes it clear that Malaysia-born children who do not obtain citizenship from any other country within a year of their birth is a Malaysian citizen.
“Unfortunately, the importance of Section 2(3) in interpreting Section 1(e) of Second Schedule of the Federal Constitution is often overlooked,” he said.
“In respect of stateless children who have not been lawfully adopted, the NRD should recognise them as citizens provided that it is proven that they were born in Malaysia and that there is no evidence that they in fact obtained foreign citizenship within a year after their birth in Malaysia,” he also said.
The NRD should also be prepared to accept sworn statements and other evidence from the child and the relatives on the child’s birth in Malaysia and whether foreign citizenship was indeed obtained within a year after birth, with the burden being on the NRD to disprove such claims, he said.
Monday, February 20, 2017
GOH SIU LIN - Candidate for Kuala Lumpur Bar Chairperson 23rd February, 2017
Profile & Experience
I have been in active practice for the past 20 years focusing on banking and general litigation, contentious probate and family litigation. I am currently the Deputy Head of the Probate, Family & Trusts Department of Messrs Shook Lin & Bok.
Positions
Honorary Secretary of the Kuala Lumpur Bar Committee (2015-2017).
Chairperson (Professional Development) (2015-2017).
Chairperson (Practitioners’ Affairs) (2012-2014)
President of the Association of Women Lawyers (AWL) (2015-2017)
Member of the Disciplinary Committee of the Advocates and Solicitors Disciplinary Board
Examiner – Professional Standards & Ethics Programme of the Malaysian Bar.
Member of the Bar Council’s Family Law Committee
Member of the Bar Council’s Child Rights Committee.
Trainer for Ethical Representation of Children under the auspices of the Bar Council and in collaboration with UNICEF Malaysia and the Canadian Bar Association.
Contributor (Malaysia) of the Family Law Newsletter of the International Bar Association
(2011-2016)
Contributing Editor of the Malaysian Civil Procedure 2013 (Sweet & Maxwell Asia).
Malaysia’s representative at the South East Asian Roundtable on “Women as Justice-
Makers” organised by the Thailand Institute of Justice, October, 2016.
Outside the Bar
My work within AWL has focused on the areas of law reform, (e.g. the Child Act), engagement with the government, the Attorney-General’s Chambers and parliamentarians, advocacy and outreach to the law colleges and the public. AWL also provides watching brief support for several public interest cases such such as custodial battles consequent upon unilateral conversions (Indira Gandhi & S. Deepa), citizenship for stateless children (M. Navin), domestic violence murder trial (Nurhidayah) and a child sexual abuse trial.
My values and work for KLBC
I believe in maintaining integrity and combining legal practice with purpose and professionalism.
In the current lacklustre economic climate, clients are now more discerning and equipped with savvy technology and internet skills. As Chair of the Professional Development Committee (PDC), I am very mindful of such challenges and have strived to support the Bar Council’s PDC programme by organising diverse talks/seminars in order to assist lawyers in “raising their game”. Last year, we invited Will Fung, Senior Foreign Counsel of Grandall Law Firm China to speak on his Beijing practice, providing an insight into the professional lives of Malaysians practising abroad. Most recently, in December, 2016 to meet the needs of smaller practices, a senior practitioner spoke on “Partners and Sole Proprietors - Your Firm's Financials”
Apart from the above, the PDC has introduced talks/seminars with an activist slant with the aim of educating members, demolishing prejudices and taboos. This led to the conceptualisation of the KLBC-AWL Activists’ Series which has covered topics such as human-trafficking, Gender & Sexuality Rights, Refugee Law and UNHCR Process in Malaysia for Lawyers.
In 2013, as Chair of the Practitioners’ Affairs Committee (PAC), I drew on my personal experiences of being a young mother transitioning back to practice. I lamented the inconvenience of the lack of a private and hygienic room in the court’s premises for lactating lawyers. This led to the establishment of the Lactation Room in the KL Duta Court complex on 5.2.2013.
The Future
In a multi-racial and multi-religious community like ours, it is important that we keep race and religion out of the Bar. There are certain quarters who intend to radicalise and politicise the Bar along racial and religious lines. We must nip this in the bud and stamp out racism and polarisation.
My leadership will be based on the universal principles of justice and equality. Towards this end, I have given careful thought to ensure that my committee would comprise members of both genders, is multi-racial, multi-religious and represents a spectrum of lawyers of varying seniority in practice.
It should also be highlighted that the qualities that are relevant for leadership at the Bar include being committed to serving the Bar without seeking glory, being a team-player to ensure that the services provided is to serve all the different needs of our members, being an effective listener to encourage feedback and interaction amongst members.
As Chair, I plan to continue strengthening the PDC programme and to organise topics on business & knowledge development, technological aids for legal practice, writing skills, oral advocacy and addressing implicit bias. I will organise forums/panel discussions for young lawyers to speak about the difficulties they face in practice. We will also invite senior members of the Bar to provide their views and responses to such issues. I look forward to strengthening the capacity of the KLBC in serving its members at all stages of their career.
Amongst my plans are the formation of a new “Gender, Equity & Diversity” committee as currently, the needs of women, indigenous and disabled lawyers are not specifically addressed. For example, women lawyers form 51% of the Kuala Lumpur Bar and the Baseline Survey commissioned in 2014 by the Association of Women Lawyers (AWL) provides empirical data on the challenges faced by Klang valley lawyers. It is my aim for this new committee to develop programmes to create awareness, empowerment programmes to improve representation at all levels.
I also intend to bring back the “Practitioners’ Affairs” committee to address concerns of young and not-so-young practitioners. For example, this committee will work with the Information Technology Committee to create more programmes to encourage innovation and integration of technology into legal practice. The hot emerging topics appear to centre around the expected impact of “artificial intelligence” on the legal profession. We need to educate members so as to keep abreast with other jurisdictions in order to remain competitive. Other areas of concern would include mental health, impairment, depression, constant stress as well as issues faced by members of our greying bar.
The lack of adequate parking at the KL Courts is also a perennial concern. As Chair, I will follow up on on this and in fact, have requested the courts to allocate designated priority parking spaces for lawyers with health issues, physical disabilities and pregnant lawyers.
The KLBC though the Pupils/YLC/Social/Sports committees will increase outreach to various professional and student organisations and universities to promote social and professional networking opportunities and to foster camaraderie amongst members.
Finally, it is my hope that during these times, we bridge our differences and work towards a more inclusive and humanitarian Bar.
I ask for your support to be granted the privilege of representing you as the Chairperson of the Kuala Lumpur Bar Committee.
Thank you,
Siu Lin
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