Fix shortcomings in Person With Disabilities Act immediately

In conjunction with International Day of Persons with Disabilities (PWD), the Human Rights Commission of Malaysia (Suhakam) reiterates that all humans are born free with the same rights without any form of discriminations as set out in the Universal Declaration of Human Rights (UDHR).

The theme for this year’s celebration is “Transformation towards sustainable and resilient society for all,” which aims to empower PWD and ensure full inclusion of them in all aspects of society as foreseen in the 2030 Agenda for Sustainable Development.

Although Malaysia enacted the Persons with Disabilities Act 2008 (Act 685) and ratified the Convention on Rights of Persons with Disabilities (CRPD) in 2010, Suhakam observes that PWD continue to face inequalities in different aspects of life, which negatively affects their access to employment, education, health, resulting in being marginalised from social participation, which has deprived them of their rights to contribute effectively to development.

Suhakam believes this is partly due to omissions in the Person With Disabilities Act 2008 such as the lack of comprehensive monitoring, penalties or remedies mechanisms against individuals, organisations and/or businesses who violate the Act or the rights of PWD; lack of legal remedies or redress mechanism against government for violating the rights of PWD (Section 41 of the Act gives the government and its related agencies immunity from any form of legal action) as well as no provisions in the Act to set up a body or appoint a person with powers to enquire into alleged breaches of the Act, including complaints from PWD of discrimination and harassment.

Suhakam strongly urges the government to address the shortcomings in the Act and make necessary amendments to ensure better protection, rights-based (and not a charity or social welfare) and have effective mechanisms of enforcement through remedial provisions.

Suhakam also would like to commend the Majlis Bandaraya Petaling Jaya (MBPJ) for receiving the Most Caring City Council 2017 from the Women, Family and Community Development Ministry in October in conjunction with National Welfare Month as well as for all the measures and efforts taken to ensure the city accessible for disabled.

Although there are limitations in the Act, the pro-active measures taken by MBPJ by forming the Universal Design Unit (UDU), which ensure the developments incorporate and comply with universal building design features should be followed by others. -Mkini