II.
LAW REFORM AND TREATIES DIVISION
CHAPTER 1
Human rights issues related to children, women, PWD, indigenous peoples, and
the government featured prominently in the media and were continuously
championed by civil society organisations (CSOs) throughout 2016. The
attention given to these issues is a positive sign that the masses have realised
the importance of upholding human rights and have taken an active role to
advance those rights. The Law Reform and Treaties Division (LRTD) notes that
the issues raised by the stakeholders are pertinent not only to the rights granted
under the Federal Constitution of Malaysia, but also to the advancement of
the obligations that Malaysia has committed to under international treaties and
norms.
In the Commission’s effort to further advance these issues with the stakeholders,
LRTD has taken active steps to engage the relevant stakeholders by holding
discussions, meetings and collaborations with them. The Commission through
LRTD will intensify its efforts both locally and internationally to ensure that grouses
and issues raised by affected parties are given due attention by the Government.
1.
INTERNATIONAL TREATIES
(a) Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW)
Malaysia has ratified CEDAW in August 1995 with reservations to certain
Articles.7 Subsequently several reservations were lifted in 1998 and 2010.8
To date, Malaysia still maintains its reservations with regard to nationality
(Article 9(2)) and matters relating to marriage and family relations (Articles
16(1)(a), 16(1)(c), 16(1)(f) and 16(1)(g)) and has expressed no intention to
withdraw the remaining reservations.
The Commission congratulates the Government on the recent submission
of its CEDAW State Report to the CEDAW Committee in Geneva on
September. The recent report combined its 3rd, 4th, and 5th State Reports.
Parallel Report to the CEDAW Committee
The Commission has conducted two RTD in April 2014 and February
2015 specifically to discuss the possibility of withdrawal of the remaining
reservations. Based on the RTD, the Commission observed that the majority
of participants agreed that it is timely for the Government to review its
stance concerning those remaining reservations.
7
8
Initial reservations were on Articles 2(f), 5(a), 7(b), 9 and 16.
In 1998, Malaysia withdrew its reservation to Articles 2(f), 9(1), 16(1)(b), 16(1)(d), 16(1)(e) and 16(1)(h) and in 2010, the Government
further withdrew reservations to Articles 5(a), 7(b) and 16(2).
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