CHAPTER 4 - REPORT OF THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS WORKING GROUP • Identity of the transgender There is a need to recognise the transgender by ensuring an enabling environment. Research could be conducted to identify the needs of this group including education, employment and healthcare services. They should be given access to skills-development training to avail themselves of wider employment choices. Public amenities must take into consideration the needs of the transgender. In the light of CEDAW, relevant laws should be reviewed to prevent discrimination of persons based on gender identity and sexual orientation. Article 8(2) of the Federal Constitution could be expanded to bar discrimination on the basis of gender identity and sexual orientation. The Government should withdraw its reservations to Articles 5(a) and 7(b) of CEDAW. (iv) CEDAW and family law A comprehensive review of family law is required, to repeal all provisions that effectively discriminate against women. A dedicated Family Court should be set up in all States. Only trained and gender-sensitised judges should handle family matters. There is also a need for an inquisitorial rather than adversarial system of justice in family matters. Women should be provided access to effective and efficient legal aid services to ensure justice. Alternatively, families could be encouraged to resolve matters through mediation by ensuring the availability and accessibility of the service. 3. RIGHTS OF INDIGENOUS PEOPLES The impact of the Murum Hydroelectric Dam Project (Murum HEP) on affected indigenous peoples (IPs) in Sarawak was one of many issues that the Commission has continued to address.2 The Commission had the opportunity to observe negotiations between the affected communities and the State Planning Unit (SPU) and other agencies, when it was invited by the State Government to observe a dialogue between the parties on 29 March. Commissioner Mr Detta Samen attended the session alongside Mr Andrew Tukau anak Salang of the SPU, Mr Abdul Halim Abdullah, the Belaga District Officer (DO) and representatives of Sarawak Electricity Bhd (SEB) and the Land and Survey Department. 2 The ECOSOCWG conducted research and published a Report relating to the construction of the Murum Hydroelectric Dam Project (Murum HEP) and its impact on the economic, social and cultural rights of affected Penan communities in Sarawak. The Commission has continued to observe the project, in particular, the impact on indigenous communities in the surrounding area. The plan to construct the dam was formulated in 1985 and contracted out by the Sarawak Government to the China Three Gorges Project Corporation. Construction began in 2008 with completion due in late 2012; the dam is due to be commissioned the following year. 77