Key Issues
on the Government’s actions in relation to the comments and recommendations provided by the
CEDAW Committee in its 2006 Concluding Comments. Among the issues flagged are the absence
of a Gender Equality Act; double standards on the right to citizenship in the Federal Constitution;
sexual abuse and violence within marriage, as well as marital rape; right to healthcare services;
the incorporation of provisions against sexual harrassment in the Employment Act; maternity
leave; women’s participation in the workplace; trafficking of women; rights of single mothers;
the conflict between Syariah and Civil Law in relation to marriage; migrant domestic workers;
women refugees/asylum seekers; and the Optional Protocol to the CEDAW.
The Commission will continue to engage with the CEDAW Committee and to monitor the
implementation of the Concluding Comments to ensure substantive equality and prevention
of discrimination of women. The Commission reiterates its call to the Government to withdraw
its remaining reservations to Articles 9(2), 16(1)(a), 16(1)(c), 16(1)(f), 16(1)(g) of the CEDAW and
to ratify the Optional Protocol. In addition, the Commission will promote and monitor gender
equality to ensure that this is in line with the rights-based framework set out in the CEDAW.
(c) Indigenous Peoples
The Commission has completed public hearings under its National Inquiry into the Land Rights
of Indigenous Peoples in Malaysia and is finalising the report, which is due to be published
in January 2013. Preliminary findings point to legal, policy and administrative constraints that
impede the Indigenous Peoples’ right to land; and to the socio-cultural, psychological, economic,
political, health and environmental impacts of recognition or non-recognition of their right to
land.
The Commission is also leading the Southeast Asia National Human Rights Institutions Forum
(SEANF) project on the rights of Indigenous Peoples. Under this, SEANF members will develop
and complete a paper on ‘Good Practices in Promoting and Protecting the Rights of Indigenous
Peoples’ by 2013.
The Commission hopes that both the state and federal governments will give serious and
urgent consideration to the issues identified and recommendations in both the reports, and
implement these to ensure recognition of Indigenous Peoples’ right to land as well as their right
to education, economy and a legal system.
(d) Persons with Disabilities
Complaints and issues continue to be raised with the Commission with regard to, among others,
the registration of Persons with Disabilities (PwD), the education system, access to public
facilities, amenities and services and buildings, public transportation facilities, employment
opportunities, and healthcare services.
Again, the Commission urges the Government to fulfil its obligations under the CPRD by
ensuring that PwD enjoy their inherent right to life, non-discrimination, equal rights, access
to justice, and participation in political life. PwD are entitled to exercise their civil, political,
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