How does the Malaysian Bar defend the independence of legal professionals?

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The Malaysian Bar Upholds Legal Independence Against Government Pressure

The Malaysian Bar asserts that legal professionals should not face punishment or discrimination for representing clients perceived as anti-government. This stance directly challenges actions such as threats to blacklist law firms, which are viewed as overt discrimination based on political affiliations or views. The Bar emphasizes that professionals must be free to provide services without penalty, regardless of the government's labeling of their clients, and highlights that such threats undermine the rule of law and the independence of the legal profession.
Protection Against Discriminatory Practices

The Malaysian Bar contends that any attempt to penalise professionals, including lawyers, for serving clients arbitrarily labelled as anti-government or unpatriotic by the authorities constitutes a violation of fundamental rights. President Steven Thiru specifically criticised remarks by Minister Datuk Abdul Rahman Dahlan regarding the blacklisting of firms allegedly supporting Bersih 2.0. This practice, the Bar argues, amounts to punishing individuals for their professional services based on the government's political stance, which is unacceptable in a democratic society.
Defence of the Rule of Law and Professional Independence

Central to the Malaysian Bar's defence is the principle that the independence of the legal profession is a cornerstone of the rule of law. Threats of economic sanctions or other reprisals against lawyers for upholding this independence are deemed unacceptable and damaging to Malaysia's international reputation. The Bar views advocating for the punishment of lawyers in such circumstances as a blatant disregard for legal principles and a form of political blackmail and intimidation.
Constitutional and International Legal Safeguards

The Malaysian Bar points to specific constitutional provisions and international legal frameworks to support its position. It is argued that prejudicial actions or attempts to victimise lawyers would contravene Article 5 of the Federal Constitution, which protects against discrimination, and Article 8, which safeguards the right to a livelihood. Furthermore, the Bar cites international standards, including the Universal Declaration on the Independence of Justice (Montreal Declaration) and the UN Basic Principles on the Role of Lawyers, to underscore the global recognition of the importance of an independent legal profession.
Rejection of Government-Linked Company Interference

The Bar also addresses concerns regarding potential interference in the engagement of legal services by government-linked companies (GLCs). Minister Abdul Rahman's suggestion that GLCs should avoid engaging law firms that assist entities like Bersih 2.0 or lawyers involved in their leadership is seen as an attempt to exert undue influence. The Malaysian Bar urges the government to distance itself from such remarks, which are perceived as damaging to the country's standing and contrary to constitutional and international legal norms governing professional conduct and rights.

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How does the Malaysian Bar defend the independence of legal professionals?

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