KEY ISSUES
In observing and monitoring the Government’s implementation of both the CRC and CEDAW, the
Commission is pursuing several recommendations of the CEDAW Committee and CRC Committee
to reinforce the protection of the rights of women and children.
(b) Indigenous Peoples
Land matters accounted for the highest number of complaints received, after issues relating to
citizenship; both matters were lodged mainly by indigenous peoples. The more serious allegations
were about violation of customary rights to land, claimed either as individual or collective property.
Other complaints were about discrimination; rape of some Penan girls and women in Sarawak; limited
opportunities for the indigenous peoples to determine priorities for their own development; and lack
of effective participation in decision-making processes affecting their land and way of life. Through
engagement with indigenous communities, the Commission also identified that they have limited
access to education, healthcare and other basic services. Furthermore, there is a need to recognise
and promote their perspectives in education, healthcare and legal systems.
(c) Persons with Disabilities
In July, the Government ratified the Convention on the Rights of Persons with Disabilities (CRPD).
The Commission then reviewed the provisions and found no contradiction between the CRPD,
Persons with Disabilities (PWD) Act 2008 and the National Policy. Nonetheless, the Commission is
of the opinion that a more comprehensive Act is required to reflect the Convention and cover all
the rights of PWD.
At the same time, the Commission is of the view that there is a need for all Government agencies
to strictly enforce existing guidelines and by-laws relating to PWD so that they can better access the
facilities provided by the Government.
Pursuant to Article 33(2) of the CRPD, the Commission expressed its hope that the Government
will give due regard to the Commission’s recommendation for a National Monitoring Mechanism to
observe the implementation of the Convention.
(d) Lesbian, Gay, Bi-Sexual and Transgender Groups (LGBT)
The Commission is deeply concerned about frequent complaints that the human rights of the LGBT
group have been violated. It is alleged that they are bullied, degraded and intimidated due to their
sexual orientation. The Commission stands firm that their human rights and fundamental liberties
must be upheld and respected at all times. There can be no justification in harming them, no matter
how different they are or how unacceptable their LGBT-related actions are to the majority.
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