Groups advocating the rights of the disabled have slammed Human Resources Minister V Sivakumar over his remarks on specific legislation to protect persons with disabilities (PWD) in the workplace.
Rangkaian Solidariti Demokratik Pesakit Mental (Siuman), a collective of lived experience advocates pushing for the inclusion of the disabled in governance, said the minister seems to not be aware of the "second-class citizen" status of the disabled in Malaysia, and the lack of protection the group faces.
"In his parliamentary answer, and during the subsequent press conference, the minister indicated that only eight cases of discrimination have been reported, and none of these involved PWD.
"The minister fails to appreciate the existing gaps in protections in the Employment Act, where discrimination is not defined, and that existing protections are highly limited as they do not extend to pre-employment, such as during the hiring process," Siuman said in a statement.
PWD are often subjected to discrimination during the hiring process and any discrimination experienced would not be reported or accounted for, it added.
Siuman was responding to Sivakumar's remarks on Monday that specific laws are not needed to address issues of workplace discrimination against PWD.
While some countries have such laws, Malaysia had very few cases involving workplace discrimination in comparison, he told a press conference.
The group said the PWD routinely experienced inaccessible public spaces and discrimination.
Lead by example
Siuman urged Sivakumar (above) to "lead by example" and ensure his ministry fulfils the one percent PWD employment in the Civil Service Policy introduced in 1998, stated in government circular 10 years later, and made a Key Performance Indicator during Ismail Sabri Yaakob's tenure as prime minister.
"We have no formal data that indicates the one percent quota has been fulfilled throughout the civil service, while the only known data is that only 0.35 percent was fulfilled and that only four ministries have fulfilled the quota, with no information of the specifics (whether the PWD were already disabled prior to employment, or what positions they fill).
"As the ministry in charge of employment and human resources, the ministry should be at the forefront of employment protection by providing examples of best practices that include discrimination protections, reasonable accommodations that take into account the diversity of disability, and meaningful capacity-building and empowerment to ensure that PWD are (being considered) in the planning and decision making."
Siuman also urged Sivakumar to consult with stakeholders to better understand the challenges and discrimination faced by the PWD.
Similarly, AIDA (Autism Inclusiveness Direct Action Group) and several of its allies also expressed deep disappointment with the minister's remarks and pointed out instances where PWD had faced discrimination.
According to the group, PWD are consistently excluded from the hiring process and have to contend with biases and discrimination from the outset.
"Long-standing government failure to address this problem perpetuates the systemic issue, leaving disabled persons marginalised.
"With this bias in the hiring process, many persons with disabilities are forced to hide their disabilities for fear of being discriminated against," the groups said in a separate statement.
They further cited the unavailability of government data on the employment status of PWD.
The government's failure to reach its own targeted quota of employing one percent of PWD in the civil service also raised concerns, said the groups.
Amend the law
Elaborating, the groups urged the government to amend the Persons with Disabilities Act 2008 to empower the PWD community and protect their rights.
A disability tribunal should also be established to ensure affordable justice for PWD, they said.
Like Siuman, Aida and its allies also urged Putrajaya to initiate and engage in consultations with stakeholders and the public to solve PWD-related woes.
"Those (amended PWD Act) provisions must genuinely reflect the experiences and needs of persons with disabilities and be harmonised with the Convention on the Rights of Persons with Disabilities that Malaysia ratified in 2010.
"The human resources minister could play a historic role by acquiring a holistic understanding of the systemic problems obstructing the employment of persons with disabilities and proposing legal provisions for their removal.
"Failure to enact meaningful legislative amendments would perpetuate the exclusion and discrimination faced by persons with disabilities who are estimated to be 16 percent of the Malaysian population," they said. - Mkini
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