RESOLUTION FOR BAR AGM wo Q) a @) @) (0) Whereas Asticle 5 of the Federal Constitution guarantees that no person shall be deprived of his life or personal liberty save in accordance with law. ‘And whereas Article 8 of the Federal Constitution guarantees that all persons are equal before the law and entitled to the equal protection of the law. ‘And whereas Article 8(2) of the Federal Constitution guarantees that except as expressly authorized by this Constitution there shall be no discrimination against citizens on the ground only of religion, ace or descent or place of birth ‘And whereas Article 10 of the Federal Constitution guarantees freedom of speech, assembly and association. ‘And whereas Article 11 of the Federal Constitution guarantees freedom of religion. And wheres Article 12 of the Federal Constitution provides that there shall be no discrimination against any citizen on the grounds of religion, race, descent or place of birth: (2) in the administration of any educational institution, maintained by a public authority and in particular the admission of pupils or students or the payment of fees or; and () in providing out of the mds of a public authority financial aid for the mainienance or education of pupils or students in any educational, institution (whether or not maintained by a public authority and whether within or outside the Federation) ‘And whereas Article 153(1) of the Federal Constitution provides that it shall be the responsibility of the Yang Di Pertuan Agong to safeguard the special position of the Malays and natives of any of the states of Sabah and Sarawak and the legitimate interest of the other communities in accordance with the provision of this Article. ‘And whereas Article 153(2) provides that the Yang Di Pertuan Agong is to ensure the reservation for Malays and natives of any of the States of Saba and Sarawak of such, proportion as he may deem reasonable of positions in the public service end of scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by the Federal Government and when any permit o: license for the operation of any trade or business is required by Federal law. And whereas Section 42 of the Lege! Profession Act 1976 empowers Advocates and Solicitor to represent their client’s interest without fear or favour. ‘And whereas Article 1 of the Universal Declaration on Human Rights stipulates that “All human beings are born free and equal in dignity and rights”. Theay a2) a4) (5) 06 Universal Declaration of Human Rights is the most widely subscribed body of principles that establishes Universal Human Rights norms and standards And whereas the Declaration on the right and responsibility of individuals, groups and organs of society to promote and protect Universally Recognised Human Rights and fundamentel freedoms, adopted by consensus by the United Nations General Assembly ‘on the 9" of December 1998 recognises the legitimacy of the activities of human rights defenders their rights to freedom of association and to carry out their activities without fear of reprisals. In the Harare Commonwealth Declaration 1991, the Heads of Government of the countries of the Commonwealth had reaffirmed the pledge that were set out in a Declaration of Commonwealth Principles agreed to by their predecessors at their meeting in Singapore in 1971 among them being that, they believe in the liberty of the individual under the law in equal rights for all citizens regardless of gender, race, colour, creed or political belief and in the individual's inelienable right to participate by means of free and democratic political processes in framing the society in which he or she lives. They recognize racial prejudice and intolerance as a dangerous sickness and a threat to health development and racial discrimination as an unmitigated evil, They oppose all forms of racial oppression and they are committed to the principles of human dignity and equality. ‘And whereas the United Nations International Covenant on Economic, Social and Cultural Rights states in it's preamble that it developed out of recognition of the fact that “in accordance with the Universal Declaration of Human Rights the ideals of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone especially the minority may enjoy his economic, social and cultural rights as well as his civil and political rights”. ‘And whereas Articles 3, 10 and 11(1) of the Universal Declaration of Human Rights 1948 provides for no detention without trial, right to personel liberty and a fair trial and the presumption of innocence until proven guilty. ‘And whereas the United Nations Convention on the elimination of all forms of racial discrimination, the term racial discrimination shall mean any on race, colour, descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise on an equal footing of human rights and fundamental and any other field or public life. [At the world conference on human rights held in Vienna, Austria in June 1993, Malaysia along with {70 other counties reiterated the universality, indivisibility and interdependence of human rights and commitment to the Universal Declaration of Human Rightsan (18) as) (20) ‘And whereas the preamble to the Internal Security Act 1960 starts of by stating “an act to provide for the Intemal Security of Malaysia preventive detention, the prevention of subversion, the suppression of organized violence against persons and property in specified areas of Malaysia, and for matters incidental thereto. “Whereas action has been taken and further action is threatened by substantial body of persons both inside and outside Malaysia:- (@ To cause and to cause @ substantial number of citizens to fear organized violence against persons and properly; and (i) To procure the alteration otherwise than by lawful means the lawful Government of Malaysia by law established. ‘And whereas even the drafter of the ISA, the late Professor R.H. Hickling bad said that the Intemal Security Act (ISA) was only intended against communist insurgents and those bent on armed struggle. In an interview with the New Straits Times (on the 30" day of July 2006) Hickling said the ISA was being used against people for whom it was not intended “it was designed to be more limited in its scope than it is at the moment”. Organised violence is the key to this preamble ut a lot of people who had nothing to do with organized violence at all were arrested (and detained under the ISA). “I would want Judicial review at all times”. ‘And whereas Advocates and Solicitors P. Uthayakumar, M, Manoharan, RKengatharan and V.Ganabatirau had at all material times been discharging their duties pursuant to Section 42 of the Legal Professional Act and further to the aforesaid Malaysian Constitution, Laws of Malaysia Commonwealth, United ‘Nations and Intemational laws and obligations in particular in championing the minority, human rights and dignity of the Malaysian Indian community who are suffering from about the worst forms of violations of minority and human rights by the UMNO controlled Malaysian government, And whereas the aforesaid UMNO controlled Malaysian government in collaboration with the Attorney General and the Inspector General of Police had falsely alleged that the aforesaid Advocates and Solicitors are linked to a terrorist group as evidenced by their ISA Detention Order with the view justify their subsequent arrest and detention under the ISA which was finally executed on the 13" day of December 2007 for a period of for two years and continuing indefinitely thereafter. ‘And whereas when P.Uthayakumar had filed a RM100 Million Civil Suit against the aforesaid parties, they had speedily and without even filing their statement of defence filed an application 10 strike out the Writ of Summons and Statement of claim now denying that they were referring the said terrorist ink to P.Uthayakumar. They had further stated that they were merely referring to