CHAPTER 3 - REPORT OF THE LAW REFORM AND INTERNATIONAL TREATIES WORKING GROUP 6. MONITORING IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES (CRPD) A proposal was submitted during the year to the MWFCD for the Commission to be appointed as the National Monitoring Mechanism on the rights of persons with disabilities (PWDs) as stated in Article 33(2)1 of the CRPD. Although the proposal was not accepted, the MWFCD appointed the Commission in July as an attending member to the National Meeting for PWDs, to assist in monitoring and channeling input relating to the rights of this group. The Commission has engaged an external researcher to conduct a study on ‘Malaysia – Its Compliance with the CRPD, Persons with Disabilities Act, Malaysian Standards and Policies’. The findings will be used to assist the Commission in undertaking work on the rights of PWDs. This will include preparation of an independent report to the United Nations on Malaysia’s compliance with the CPRD. 7. UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 (UUCA) The Commission’s research into the provisions of the UUCA has found that Section 15(5)(a) violates the freedom of association, the freedom of expression, the right to a fair hearing, the right to legal representation of one’s own choice, and the right to education. The Commission’s report, which was sent to the Attorney-General’s Chambers and the Ministry of Higher Education (MoHE), recommended amendments to: (i) Section 15(5)(a), to allow students attaining the age of 21 (voting age) to express their support for or sympathy with or opposition to political parties; the section clearly violates Article 119 of the Federal Constitution which provides that every citizen above the age of 21 is qualified to vote (ii) Sections 15D(1) and 16C(2), to make it necessary for the universities to allow students to be charged and tried accordingly before any suspension is imposed; the current application of these sections denies the right to a fair hearing – which is inconsistent with the principle of ‘innocent until proven guilty’ – while the students charged are also denied education pending trial or proceedings 1 States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen , designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention. When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection of human rights. 59