(c) Convention on the Rights of Persons with Disabilities (CRPD) CHAPTER 1 The Government has yet to submit its State Report to the CRPD Committee, which was due in 2012. Nevertheless, the Commission has been made to understand that at the time of writing, the draft State Report was being reviewed by the Attorney-General’s Chambers. The Commission is deeply concerned with the inadequate protection of the rights of PWD, which includes issues in the enforcement of the Persons with Disabilities Act 2010. The absence of specific provisions that impose penalties on individuals and/or organisations that fail to comply with this Act has impeded its full implementation and enforcement. This Act also does not provide any remedy whatsoever to PWDs who have had their rights denied. Further, Section 41 of this Act gives to the Government and its related agencies immunity from any form of legal action arising from the implementation of this Act, which raises the issue of the obligations of the State under the CRPD. Accordingly, the Commission recommends that the Government review the Act in order to strengthen its implementation and effectiveness by ensuring that there are provisions on enforcement, penalties, and remedies in place so that any cases of non-compliance with the provisions of the Act could be addressed properly. The Commission hopes that the Government would take appropriate measures to withdraw the reservations that have been made in order to fulfil its obligations under the CRPD17. It is timely for the Government to withdraw these reservations as it would enable the objectives of the CRPD to be fully achieved and ultimately, protect the rights of PWDs in Malaysia. (d) International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) It is the Commission’s view that, given Malaysia’s colourful racial background, multiple ethnicities, and origins, it is important that every citizen is able to enjoy and exercise their rights and fundamental freedoms in the political, social, cultural, and other areas on equal footing. However, Malaysians are still divided and ethnic identities are still deeply rooted within the fabric of racial harmony in Malaysia. This division may be attributed to laws and policies practised by the Government and, as such, the Government needs to be persuaded to enact and implement laws and policies consistent with ICERD. The Commission in collaboration with Pusat KOMAS held a RTD and a workshop on ICERD with the State and local Governments of Sarawak as a step to sensitise Government officials on issues related to ICERD. The 17 Malaysia has placed reservations on Articles 15 and 18 of the CRPD. 38 SUHAKAM ANNUAL REPORT 2016 suhakam 2new.indd 38 3/23/17 5:54 PM