LAWASIA Statements & Resolutions: 2006

LAWASIA Statement on the Situation in Fiji - Issued 7 December 2006

LAWASIA, the Law Association for Asia and the Pacific, condemns in the strongest terms the recent actions of the Fiji military in removing the democratically elected government of Fiji from power. The actions taken by Commodore Bainimarama in seizing executive power are illegal and constitute a gross assault on the rule of law, which is unacceptable in a democratic country.

LAWASIA, representing the peak legal bodies of 24 countries of the Asia Pacific region, strongly supports the right of the Fiji people to be governed by a lawfully-elected government as provided for under its constitution. LAWASIA notes and endorses the views of its member organisation, the Fiji Law Society, that the constitution is supreme law in Fiji and any attempts to abrogate it cannot be supported. It adds its voice to others from both inside and outside Fiji in calling for an immediate return to rule of law through restoration of power to the elected government, for an immediate return of troops to barracks and for military leaders to use legal means to resolve their differences with the government.

LAWASIA support for historical Nepal agreement - Issued 9 November 2006

LAWASIA, the Law Association for Asia and the Pacific, welcomes news from the Kingdom of Nepal that an historic agreement has been signed by the Seven Party Alliance (SPA) and the Maoists rebels which it is hoped will bring lasting peace to the kingdom and help to restore the rule of law.

Whilst it has no view on the political aspects of the struggle in Nepal, LAWASIA has been very concerned about its effect on the breakdown of the rule of law. In support of its member organisation, the Nepal Bar Association, LAWASIA has campaigned relentlessly for the restoration of rule of law and human rights in the kingdom.

It notes that key points of the agreement, signed on November 8, provide for:

• a dissolution of parliament with Maoists to be installed in key portfolios in an interim government by 1December;

• the largest party, the Nepali Congress Party, to have 75 seats in the new 330 seat interim parliament, with the Communist Party of Nepal occupying 73 seats and the Maoists 73 and the remainder to be divided between five other parties;

• a newly formed constituent assembly to decide the future of the Nepali monarchy at its first meeting;

• Maoist forces to be confined to cantonments, with their weaponry to remain under a sequestering arrangement to be monitored by the United Nations;

• The Nepali Army to be confined to barracks, with a similar quantity of arms also locked away, also under a UN monitoring arrangement.

LAWASIA hopes that the agreement will see a resurrection of the independence of district courts now that the Maoists have agreed to dissolve “peoples’ courts” that had destabilised outlying regions of Nepal.

Military coup in Thailand - Issued 2 October 2006

LAWASIA notes with concern the recent overthrow of the elected government, particularly given the progress the people of Thailand have made in recent years, under the leadership of King Bhumibol Adulyadej, in establishing and strengthening democratic institutions in the country. LAWASIA supports the call by the United Nations Secretary-General Kofi Annan for a “prompt return to civilian, democratic rule” and elections as soon as possible in Thailand following the military coup that ousted Prime Minister Thaksin Shinawatra. Without in any way diminishing its call for the return to democratic rule, the LAWASIA Council calls upon the interim authorities to take all necessary steps to ensure that the rule of law and basic human rights, including freedom of political association, assembly and reporting, are observed in Thailand.

Situation in Timor-Leste Issued 2 October 2006

The LAWASIA Council supports the efforts of the Independent Special Commission of Inquiry for Timor-Leste that is investigating the violence in April and May, which led to the deaths of 37 people and displaced over 150,000 others. It notes with concern that disturbances at camps for internally displaced persons (IDPs) as a result of the violence appeared to becoming organised and stresses that the human rights of personal safety and security for these people should protected at all times. It also affirms the statements by the departing UN envoy, Mr. Hasegawa, that it was ‘critically important’ that next year’s presidential and parliamentary elections are held in a free, fair and credible manner to consolidate the peace and national building efforts that have been undertaken by the people of Timor-Leste and entrench a culture of democratic governance.

UN Human Rights Council - Issued 2 October 2006

LAWASIA supports and endorses the statements of Mehr Khan Williams, Deputy High Commissioner for Human Rights, before the Human Rights Council this week concerning the promotion of tolerance among cultures, and the need for the Council to develop long term strategies to combat racism and xenophobia and address the complexity of religious plurality and, thus, ensure the human rights of freedom of religion or belief.

Women’s forum at LAWASIA 40th Anniversary Conference, Goa, India - Issued 1 October 2006

A conference to mark the 40the anniversary of LAWASIA was held this week at the Intercontinental Hotel in Goa. As part of the conference, and in recognition of the growing emergence of women lawyers across Asia and the Pacific, a women’s forum was convened. Around 50 women lawyers from 21 countries attended the forum. The aim of the forum was to facilitate better sharing of knowledge and issues relevant to women lawyers across countries and cultures. Central to this was an understanding that many of the issues faced by women lawyers were common across jurisdictions. The forum recognised that women lawyers in Asia and the Pacific could do much to assist each other and thereby strengthen the representation of women in the profession. Initiatives discussed included:

• Work/life balance – how lawyers can balance the often competing demands of work and family. This includes the sharing of information about innovative practices in different jurisdictions, which may assist lawyers in meeting such demands.The importance of technology in improving work practices and promoting flexible work environments.

• The need for cultural and attitudinal change to create work and home environments where women professionals can work effectively.

• The requirement for a strong profession to promote the needs of disadvantaged women and children. This included identifying and highlighting issues faced by women and children in different communities with the aim of working together to find solutions.

• To create a network amongst women lawyers to assist each other by providing legal support and assistance to each other.

• The need for all female lawyers across Asia and the Pacific to stand together to create a strong and diverse legal profession in each country.

The forum recognised that it important to develop a mechanism for sharing knowledge. With the assistance of LAWASIA this forum will be a continuing feature of LAWASIA conferences. The forum has decided to start an online discussion group to facilitate networking, the sharing of information and to work towards meeting the initiatives discussed.

Threats against Malaysian lawyers - Issued 23 August 2006

Please click here to download a letter to the Malaysian Prime Minister concerning threats against Malaysian lawyer, Mr Malik Imtiaz.