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In 1988, when the All Women’s Action Society (AWAM) was formally registered, the issue of violence against women was hardly formally recognised. Fast-forward to 2007, where we now see world-wide recognition of the issue. The global theme for International Women’s Day (IWD), as chosen by the United Nations Commission on the Status of Women is, “Ending Impunity for Violence Against Women and Girls.”

Clearly, violence against women has not gone away but instead has escalated. In 2006, Malaysian police statistics showed 2435 rape cases and 3264 domestic violence cases. In 2005, the figures were 1931 and 3093 respectively. Women’s groups in Malaysia have long pointed out a range of gaps and problems in trying to address this issue, from gender-insensitive legislation and red tape to poor implementation of existing laws. Making the situation worse are political and religious leaders whose attitude towards women are patronising at best and repressive at worst.

As 2007 draws to the end of its first quarter, the Malaysian public has been treated to a never-ending circus of morality scares targeting women. While the “chastity belt” remark by Abu Hassan Din Al-Hafiz and the latest proposal for snoop squads in Terengganu were roundly condemned in the media, reports on the Universiti Kebangsaan Malaysia (UKM) study on “high-risk female students” lingered on sensationalism and outbursts from the authorities.

AWAM commends Datuk Seri Shahrizat Abdul Jalil for the strong reminder that the authorities and the public should not be quick to judge youths. However, we are gravely concerned by reports that the Selangor Menteri Besar, Datuk Seri Dr Mohd Khir Toyo, had ordered his officers to contact the participants of the survey to “verify” whether they have had sex. The state authorities - and, for that matter, those who provided the girls’ personal data - have breached one of the fundamental ethical principles in psychological research: confidentiality. The sheer callousness with which the participants’ right to privacy was dismissed points to a “might is right” attitude among the authorities with regards to civil liberties, and bodes ill for any hope of academic independence.

It is easy for the powerful to disregard the right to privacy and trample over ethics of academic research when the girls at the heart of the study are powerless and voiceless. It is easy for a leader with political or social clout to exhort women - the overwhelming majority of victims of sexual assault - to “prevent” themselves from being raped
instead of focusing on the perpetrators, when he knows he can make such ill-judged statements with impunity. Women’s voices, it seems, only count when they speak up in acceptance of repressive attitudes and not when they seek to claim their rights.

AWAM wishes to highlight a form of violence that is little understood and has received almost no redress: marital rape. When the Penal Code amendments were passed last year, a new Section 375A made it a crime for a husband to threaten his wife or someone else with hurt or death in order to have sexual intercourse. However, this new section is inadequate as the marital rape itself is still not considered a crime, and it fails to recognise the complexities of marital rape.

Statistics from AWAM’s cases in 2000-2002 show that 52% of women who had been subjected to domestic violence were also forced to have sex with their husbands. Women who are raped by their husbands are likely to be raped many times (often 20 times or more) over a period of many years. The new section in the Penal Code does not provide for threats which are not related to causing hurt or death. They include the threat to divorce the wife and separate her from her children as well as the withdrawal of financial support - all of which have been used to coerce wives into sex.

The Parliamentary Select Committee cited Syariah laws as one of the reasons against criminalising marital rape. AWAM wishes to point out, however, that practices such as slavery were also considered acceptable once upon a time but no longer is. If Malaysian society can adapt to - and even embrace - the advent of new technology and an increasingly globalised world, we should be at a stage where we can face up to this facet of violence against women and acknowledge that justice has not been done.

The theme chosen by the UN for this year’s IWD addresses a major barrier against eradicating violence against women: that the perpetrators of violence are too often not held accountable for their actions. This happens when the State fails to provide justice and remedies to victims, and when society - including its leaders - tacitly or explicitly
condones violence. AWAM hopes that by the time it celebrates its 20th anniversary next year, we all have made some way into addressing gaps in legislation and sexist attitudes.

HONEY TAN LAY EAN
Executive Director
All Women’s Action Society (AWAM)
85 Jalan 21/1, Sea Park
46300 Petaling Jaya
Tel: 603-7877 4221
Fax: 603-7874 3312
E-mail: awam@awam.org.my
http://www.awam.org.my/

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Yasmin Masidi
Media Officer
All Women’s Action Society (AWAM)
85 Jalan 21/1, Sea Park
46300 Petaling Jaya
Tel: 603-7877 4221
Fax: 603-7874 3312
E-mail: yasmin@awam.org.my
http://www.awam.org.my/