Chapter 3- Report of the Research and Policy Development Group °° Government hospitals and clinics impose high charges on migrant workers who seek treatment. Most of them are low-income earners who are also burdened with having to pay a levy. °° Living quarters provided by employers for migrant workers are generally in poor condition and lack proper sanitation facilities. (iii) ICERD discussion Separate discussions were held in Kuala Lumpur on 3 April for the two stakeholder-groups. They highlighted these issues: • Special privileges of Bumiputeras under Article 153 of the Federal Constitution could be an issue in Malaysia’s accession to the ICERD although it was argued that this could be reconciled with the provision allowing for ‘special measures’. • Policies giving preference to Bumiputeras may be construed as amounting to discrimination. These relate to business, education, employment in the public sector and property ownership. • Some laws may be deemed discriminatory, in particular those involving ownership of Malay Reserve land and restrictions on land ownership in certain states – for example, Sarawak and Kelantan limit ownership to people of these states. • Most Malays believe that human rights principles contradict Islamic teachings and hence are not relevant to Malaysia. It was also noted that Islam should not be used as a shield. It is incumbent upon civil society groups to educate the public on the compatibility of human rights principles and Islamic teachings, while experts in the fields of Syariah law and human rights should examine issues that arise. • There is need for political will and transparency to ensure that special measures reach the target groups and are not abused by the elite. The Government has set up Technical Sub-Committees to study the feasibility of becoming a State Party to the ICESCR, ICCPR, ICERD and Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (CAT). The Commission hopes to engage actively with the Sub-Committees. While respecting the Government’s stand that all domestic laws and policies should be in full compliance with treaty obligations prior to accession, the Commission is of the view that immediate steps must be taken to review all applicable laws and policies. (c) The Commission’s Role in Court The Commission held a watching brief in a case involving an application for the custody of an adult person with learning disabilities. As this was the first time a case of this nature had come to its attention, the Commission saw it pertinent to assist the court in applying relevant principles of the CRPD – Article 23 deals with respecting the rights of PWD to marriage, family 90