bangkit.net

The first in a series of 5 leaflets by the Women’s Development Collective:

Original leaflet in PDF format: WDC Nov ‘06 Series 1 - Forwarding Women’s Rights and Democracy

Obligations of the Malaysian Government
The effective implementation of women’s rights demands that an enabling environment be created, so as not to hinder the exercise or enforcement of those rights. The Malaysian Government, Members of Parliament and Senators can play a part in this important area by:
• Supporting women’s rights and democracy in terms of policy measures and actions;
• Incorporating these issues and recommendations into their election manifesto and constituency programmes; and
• Monitoring developments and gaps in the implementation of women’s rights and the practise of democracy.

Development in this era of globalisation should not just concentrate on generating a hefty income for a few people but should be broader - embracing the principles of justice, equality and democracy, giving citizens a say in public affairs, the right to stand for office, and the freedom to elect and hold governments accountable.

A Framework for Women’s Human Rights
Women form half the world’s population. Yet their rights are generally overlooked and often limited. It is assumed that “equality” means having the same rights as men, and this often leads to inequalities and discriminatory practices. In reality, due to differences in biological make up, as well as biased views of women’s status and responsibilities, women have very different life stories and experiences from men. There is, thus, a need for a specific framework for women’s rights.

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) provides a comprehensive framework for looking at women’s rights.

According to CEDAW’s Article 1, discrimination:
• Includes unintentional and indirect forms of discrimination, e.g. the result of gender-neutral laws;
• Provides a formula to assess any given situation of discrimination against women; and
• Makes allowances for new and emerging issues not explicitly included in the text of the Convention (e.g. violence against women)

It is recognised that positive steps have been taken by the Malaysian Government. These include:
• The National Policy on Women, launched in 1989, and the 1997 Action Plan for its implementation.
• The Ministry of Women (later renamed Ministry of Women and Family Development, and now known as the Ministry of Women, Family and Community Development), established in 2001.
• The amendments to Article 8(2) of the Federal Constitution to include ‘gender’ as a prohibited ground of discrimination in 2001. Despite this, discriminatory laws continue to exist, as well as gaps between formal provisions of equality and the actual rights that women enjoy.

Key Concerns
• Activism in general is stifled by numerous repressive laws, which curb fundamental freedoms. These include the Internal Security Act (ISA), Official Secrets Act (OSA), the Printing Presses and Publications Act and the General Orders, as well as emergency powers.
• Despite the amendment to the Federal Constitution, contradictory and overtly discriminatory conditions against women still exist. For example, Part III Article 15(1) states that a Malaysian man married to a foreign wife can confer his nationality to his child, regardless of whether the child is born outside of Malaysia. However, Malaysian women are denied this right.
• The Islamic Family Law (Federal Territories) (Amendment) Bill 2005 which was passed by the Dewan Rakyat, has discriminatory amendments, including Section 23(3) and 23(4)(a), which make it easier for men to practise polygamy; and Section 23(9)(a), which forces a wife to choose maintenance OR division of harta sepencarian upon a husband’s polygamous marriage.
• The dual legal / court system, which distinguishes between Muslims and non-Muslims in personal matters, affects custody, the religion of the children, and inheritance in cases that involve the conversion of one spouse into Islam.
• Laws protecting women against violence continue to be unsatisfactory, especially in the areas of rape, domestic violence and sexual harassment.
• The number of women in decisionmaking positions in the public sector falls short of the Government’s targeted minimum of 30 per cent.

CEDAW also stresses the principle that the Government has the responsibility of implementing policies and legislations that are non-discriminatory, and which ensure equality, especially the protection of women’s rights.

by,

Women’s Development Collective (WDC)
No.13 Lorong 4/48E, Seksyen 4, 46050 Petaling Jaya, Selangor, Malaysia
Tel: (603) 77844977 / 6979 Fax: (603) 77844978 Email: wdc[at]streamyx[dot]com