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WOMEN’S rights are human rights. On International Human Rights Day, the Women’s Tribunal reiterates the judges’ collective view that all of the 26 women who shared their testimonies during the proceedings have endured serious violations of their rights.
For them, and many other women just like them in Malaysia, justice has not been served.
The first ever Women’s Tribunal Malaysia set out to reimagine justice for women by holding the Malaysian state accountable to its national and international obligations to protect, fulfil and promote women’s human rights.
The Women’s Tribunal Malaysia ended on December 4 with closing remarks by Deputy Minister in the Prime Minister’s Department (Parliament and Law) Mas Ermieyati Samsuddin, who in a video message said: “The government is committed to introducing anti-stalking laws together with the stakeholders, with its draft and policy paper to be brought to the cabinet as early as December 2021 and to be tabled in Dewan Rakyat and Dewan Negara early next year”.
Prior to her closing remarks, the tribunal’s judges Zainah Anwar, Shanthi Dairiam and Nadia Malyanah, delivered their findings and recommendations on the issues of:Inequality and violations at work;Rights of contract workers: hospital cleaners;Rights of domestic workers;Citizenship;Unilateral conversion;Right to equality in family laws and practices;Education;Rural health;Violence against women;Rights of trans women; andYoung women in political and public life.
On the issue of violations at work, Shanthi Dairiam commented: “the lack of government regulations to enforce positive duties on all employers, to put in place policy on and definition of appropriate workplace behaviour and prohibition of inappropriate behaviour, or procedures for addressing inappropriate behaviours when it occurs in the workplace”, represents the government’s failure to protect women’s rights and safety at work.
Nadia Malyanah, speaking on the issue of young women in political and public life, recommended that the Attorney-General’s Chambers should immediately issue specific guidance to the police on how to classify, identify and investigate online hate crimes against women and girls under existing criminal laws.
With regards to the rights of contract workers, Zainah Anwar demanded amendments to be made to the Employment Act to establish thresholds for when contract labour should be prohibited and, terms and conditions for contract workers to be provided fair work practices and protection of their labour rights.
Over two days, November 27-28, 2021, 26 witnesses shared compelling testimonies about the discrimination and violations they experienced before a panel of judges; Shanthi, Zainah and Nadia.
The opening ceremony on November 27 was attended by national and international human rights experts.
During his opening speech, Othman Hashim, Chairman of the Human Rights Commission of Malaysia (Suhakam), stated that the tribunal is also a platform that will enable us to assess and determine the progress made to uphold Malaysia’s human rights obligations under the Convention on the Elimination of all Forms of Discrimination Against Women (Cedaw).