Chapter 3- Report of the Research and Policy Development Group
law. This violates the constitutional rights of women, and breaches the provisions of
article 5 (a) of the Convention.” However, it was noted that polygamous marriage is
allowed in Islam and individual Muslim men who meet the conditions could enter into
polygamous marriages.
iii.
It was also pointed out that as husband and wife share the same responsibility in
marriage, there should not be any discrimination in the distribution of property; the
argument that men bear greater burden and responsibility than women as the basis for
the distinction is no longer applicable in the present day.
(b) CRC
On 18 June, the Commission organised a meeting with the relevant stakeholders including
representatives of Government agencies such as the MWFCD, MOFA, JKM, JAKIM, MOHA and
the Immigration Department; NGOs such as P.S. The Children and Voice of the Children; the Bar
Council and various academicians.
The objectives of the meeting were as follows:
i.
To encourage in depth discussion and sharing of experiences among the participants
on the remaining reservations to the CRC;
ii.
To obtain feedback and current information from the relevant stakeholders on the
remaining reservations to the CRC; and
iii.
To formulate practical and feasible recommendations that can be adopted by the
Government with respect to the remaining reservations to the CRC.
The following were among issues that were discussed:
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i.
The Government has made a reservation to Article 2 of the CRC on the basis that the
article is inconsistent with the Federal Constitution, domestic laws and the Government’s
policies such as its policy on the Bumiputera; Article 153 of the Federal Constitution on
the reservation of quotas in respect of services and permits for Malays and natives of
any of the states of Sabah and Sarawak; and Article 161A of the Federal Constitution on
the special position of natives of the states of Sabah and Sarawak.
ii.
It was pointed out that registration of birth did not automatically grant citizenship to
any child; rather it was only an administrative process. Citizenship is dependent on
fulfilment of the requirements under the Constitution and the law.
iii.
There would be several implications if the Government were to withdraw the reservation
to Article 28 (1)(a) of the CRC such as whether the Government would have the capacity
and ability to provide free education for all children, including undocumented children,
refugee children and stateless children. Nevertheless, it was also raised that the