KEY ISSUES
5. RIGHTS OF VULNERABLE GROUPS
(a) Women and Children
The Commission is concerned about the exploitation of children at a religious school in Kedah, who
have been used to collect donations. This contravenes Article 32 of the Convention on the Rights of the
Child (CRC) and breaches provisions in law that protect children, including Section 2(1) of the Children
and Young Persons (Employment) Act 1966 and Section 32 of the Child Act 2001. The Commission, on
visiting the school together with representatives of the Kedah Social Welfare Department, Education
Department, Islamic Affairs Department and Department of Islamic Development, advised the school
management to comply with the laws, especially Section 32 of the Child Act 2001. It has also written
to the Ministry of Women, Family and Community Development about the situation to recommend
that strict action be taken to ensure that the children are not exploited.
The Commission is also monitoring the implementation of the CRC and the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW). It is also striving for removal
of the Government’s remaining reservations to Articles in both treaties, as well as accession to their
Optional Protocols.
In addition, the Commission is monitoring the status of gender equality to ensure that this is in line
with the rights-based framework set out in CEDAW. It is also in the midst of preparing an independent
CEDAW report for submission to the United Nations in 2012.
(b) Indigenous Peoples
The Commission has completed public consultation sessions for its National Inquiry (NI) into the Land
Rights of the Indigenous Peoples in Malaysia. The purpose was to gather information on areas of
conflict and related evidence, as well as applicable laws, procedures and policies relating to indigenous
land. Written submissions have also been accepted. The Commission is examining the cases and
identifying the witnesses to be called during the public hearings that are scheduled to start in January
2012. The NI process is set to be completed by July 2012.
Many indigenous communities in the Peninsula have issues with the Government’s proposal to amend
the Aboriginal Peoples Act 1954 for the purpose of implementing the Land Ownership Policy. Mainly,
they are not satisfied with the consultation process and many of the proposed amendments. The
Commission has appealed to the Ministry of Rural and Regional Development to delay tabling the
proposed amendments until the completion of the NI process.
Other issues which the Commission has taken up, and for which recommendations have been made
to the Federal and State Governments, include recognition of indigenous peoples’ education, and
economic and legal systems.
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