KUALA LUMPUR, Oct 9 — Several civil liberties lawyers have pressed local activists to find the courage to continue their efforts even as the country’s superior courts delivered several rulings that signal a regression of human rights here.
Speaking after the Federal Court reversed a landmark ruling favouring the transgender community yesterday, the lawyers said activists must not be disheartened in continuing educating the public on the issues and might need to tweak their strategies in the future.
“It’s really devastating. It just shows that authoritatrianism is getting stronger and stronger,” lawyer Fadiah Nadwa Fikri told Malay Mail Online, referring to the decision on the transgenders’ case.
“We now have to deal with all these decisions and live under this oppressive rule for quite some time … We have to soldier on, we have to overcome the fear. In large numbers, we can make the change possible.”
The Federal Court overturned yesterday the Court of Appeal’s landmark decision declaring an anti-crossdressing Shariah law unconstitutional and void, setting back the transgender community’s struggle for its civil rights.
Prior to that, the apex court decided on Tuesday that the controversial British-enacted Sedition Act 1948 remains a constitutional and valid piece of legislation, following a challenge by University of Malaya law lecturer Dr Azmi Sharom.
Last week, the Court of Appeal also reversed its own ruling on spontaneous public assemblies, making rally organisers and participants susceptible to be arrested and charged should they be part of what is deemed an illegal rally.
“It has been a terrible few weeks for human rights protection in the country as important cases on freedom of assembly, speech and equality … have all been decided in favour of the authorities,” said Eric Paulsen of Lawyers for Liberty.
“Despite these setbacks, we should not be disheartened as the struggle for human rights, to live a life with dignity and respect is not to be won in the courtrooms but out there among fellow Malaysians.”
Although admitting that it has been a very challenging period, the Bar Council’s Andrew Khoo said the decisions were “not unexpected” and helped to clarify both the laws and procedures when it comes to human rights cases.
“Having the courts giving written reasons for their decisions will help advocates and activists alike to see the line of judicial thinking, and will help identify where efforts and resources need to be focused, and what strategies need to be adopted,” said Khoo, who is also the co-chair of the Council’s human rights committee.
Fadiah admitted that the court decisions have shrunk space for dissent, but she told activists to instead look beyond their differences while banding together to speak up against injustices.
“We have to start looking to people as human beings. Stop reducing [their role] just because they’re different. We’re not all the same. The enemy of repression, that is what we have to fight against,” said Fadiah, a member of human rights watchdog Suara Rakyat Malaysia.
Meanwhile, Paulsen said that while advocates continue with their campaigns, lawyers such as himself will continue their work on the side of human rights and its defenders.
“It's hazy now but the skies will clear up one day,” added Paulsen.