Chapter 3 - Report of the Research and Policy Development Group (x) Conflict between Syariah and civil law in relation to marriage Under the Malaysian judicial system, the legal rights of Muslims and non-Muslim families are governed by different sets of laws. For instance, non-Muslim marriages are governed by the Law Reform (Marriage and Divorce) Act 1976, under the jurisdiction of the civil High Court. Muslim marriages are governed by the Islamic law enactments of the respective states under the jurisdiction of the Syariah Court. In cases where one spouse converts to Islam, a conflict of law situation may arise, leading to jurisdictional issues in relation to disputes over custody and guardianship of children, maintenance for the wife and the children, and distribution of matrimonial assets. The Commission urges a review in order to provide a clear and comprehensive procedure for conversion to Islam, and to deal with the subsequent status of a marriage, division of matrimonial property, custody of children and payment of maintenance. (xi) Migrant domestic workers In general, migrant workers are covered by the Employment Act 1955. However, the Act does not accord full protection to migrant domestic workers. There is no trade union for them either. Existing associations are generally male-dominated, creating an environment where migrant domestic workers have no other recourse if their rights are violated by employers. The Commission recommends that migrant domestic workers are provided with feasible recourse and remedies against abuses committed by employers, and that they are allowed to remain and work in the country while seeking and awaiting redress. It is also recommended that Malaysia enacts a law or amends existing laws to protect the rights of migrant domestic workers, and that it ratifies the International Labour Organisation’s Convention No 189 on Decent Work for Domestic Workers. On a related matter, it is disappointing that the law on minimum wage does not apply to domestic workers, which is a line of work dominated by women. (xii) Women refugees/asylum seekers Malaysia has not ratified the Convention relating to the Status of Refugees 1951 and the Protocol relating to the Status of Refugees 1967. National laws do not differentiate between refugees, asylum seekers or undocumented immigrants. Most of the women refugees and asylum seekers are not working and are dependent on spouses or familymembers for financial support. The absence of documentation is a major dilemma for them. Once arrested, they are held at immigration detention depots and are only released at the intervention of the UN High Commissioner for Refugees. The Commission calls upon the Government to accede to the Convention relating to the Status of Refugees 1951. (xiii) Optional Protocol to CEDAW The Commission has consistently called upon the Government to ratify the Optional Protocol to the CEDAW, which provides for two procedures in complaints – the communication procedure and the inquiry procedure. Individuals are entitled to file a complaint under the Optional Protocol – if this is ratified – when all domestic remedies have been exhausted. 78