Malaysia: Push for first gender equality bill
Source:
WLUML WLUML and the Women's Centre for Change recently organised the International Conference on Mechanisms and Legislation to Promote and Protect Gender Equality, with participants from South Africa, Australia, Hong Kong, Pakistan, Sri Lanka, Iran and Germany.
The conference received much media attention and we are reproducing some of the articles here.
Push for first gender equality bill
Malaysia will learn from international experience in drafting a gender equality bill, and the creation of a commission as well as a tribunal that deals specifically with related issues.
Women's Centre for Change (WCC) vice-president Zarizana Abdul Aziz said the impetus for new legislation came after Malaysia submitted its progress report under the Convention on the Elimination of All Forms of Discrimination Against Women (Cedaw) in May.
"(Women, Family and Community Development Minister) Shahrizat (Abdul Jalil, photo) said she is studying the need for gender equality legislation and would set up a committee headed by Faizah (Mohd Tahir, secretary-general of the ministry)," she said today.
"When the (Cedaw) committee studied the report, it contained remarks that there is a need for more effective legislation (in Malaysia). Also (arising from the case of) Beatrice Fernandez, we feel there is a strong need to have this legislation."
She was referring to Fernandez, a stewardess who wassacked in 1991 by Malaysia Airlines for refusing to resign when she became pregnant. She then lost a 14-year battle in March last year when the Federal Court rejected a petition to review employment terms deemed restrictive towards female employees.
Zarizana was speaking to reporters after the opening of the International Conference on Mechanisms and Legislation to Promote and Protect Gender Equality, held in Petaling Jaya.
Functions of bodies
The three-day conference, organised by WCC and Women Under Muslim Laws, was officiated by Chief Judge of the High Court in Malaya, Siti Norma Yaakob. Participants include those from South Africa, Australia, Hong Kong, Pakistan, Sri Lanka, Iran and Germany.
Zarizana said the proposed gender commission would examine all laws, conduct programmes to promote equality, advise the government on a gender equality policy and guidelines, and deal with complaints and breach of anti-discrimination provisions.
The specialised tribunal would be aimed at "discerning and identifying discrimination".
"You need to be trained and to be aware of how it operates. Something that is specialised in equality to provide redress - that's why we need both a commission and a tribunal," she said.
Zarizana elaborated that the proposed legislation would be two-fold in prohibiting gender discrimination and promoting gender equality. It would also focus on substantive rather than formal equality.
"Formal equality is where you have a law that says everybody is the same. Substantive equality that it
Soon Li Tsin
Aug 28, 06 5:09pm
Malaysiakini.com
Proposed gender bill to comply with syariah law Soon Li Tsin
A women's group which is pressing for a gender equality bill said that the new legislation will be made compatible with the country's Islamic laws.
Penang-based Women's Centre for Change (WCC) vice-president Zarizana Abdul Aziz (photo) said today that the suggested bill will be drafted to suit Malaysia's unique social context, where 60 percent of the population are Muslims. WCC is mooting the proposed bill to, among others, wipe out discrimination against women in the workplace.
"The Federal Constitution says that there shall be no discrimination on the grounds of gender," Zarizana told reporters after the presenting ideas on the proposed bill at the International Conference on Mechanisms and Legislation to Promote and Protect Gender Equality held in Petaling Jaya.
However, the courts have interpreted the constitution's Article 8 as only requiring the government not to practise discrimination against women. Private individuals and companies are exempted.
Zarizana was referring to the high-profilecase of Beatrice Fernandez, a stewardess who was sacked in 1991 by national carrier Malaysia Airlines for refusing to resign when she became pregnant.
Fernandez eventually lost a 14-year battle in March last year when the Federal Court - the country's highest court - rejected a petition to review employment terms deemed restrictive towards female employees.
Zarizana argued that Malaysian courts have understood gender discrimination differently from those in other countries. "Some countries don't need legislation because equality comes out from the law naturally and is a part of justice." The suggested bill will also include the establishment of a commission, similar to the Human Right Commission, or Suhakam. Among the tasks of the commission is to help bring reconciliation informally between conflicting parties. It will also set up a tribunal, or a mini-court, to adjudicate cases of gender discrimination. The tribunal could however refer its cases to the High Court.
Consult syariah courts
Asked on whether the bill would encroach on the country's syariah law, Zarizana replied: "The syariah law, as far as I can see, only pertains to personal laws. If a case is brought before commission that pertains to the syariah, the commission can consult the syariah courts or choose not to take on the case."
She explained that the draft bill will be further refined at the three-day conference which kicked off yesterday. In drafting the bill, women activists seek to draw on existing gender equality mechanisms in 20 countries.
"We will looked at common law countries and European ones simply because they have very developed law on equality and discrimination."
Some of the proposed clauses include:
Soon Li Tsin
Aug 29, 06 7:23pm
Malaysiakini.com
Malaysia will learn from international experience in drafting a gender equality bill, and the creation of a commission as well as a tribunal that deals specifically with related issues.
Women's Centre for Change (WCC) vice-president Zarizana Abdul Aziz said the impetus for new legislation came after Malaysia submitted its progress report under the Convention on the Elimination of All Forms of Discrimination Against Women (Cedaw) in May.
"(Women, Family and Community Development Minister) Shahrizat (Abdul Jalil, photo) said she is studying the need for gender equality legislation and would set up a committee headed by Faizah (Mohd Tahir, secretary-general of the ministry)," she said today.
"When the (Cedaw) committee studied the report, it contained remarks that there is a need for more effective legislation (in Malaysia). Also (arising from the case of) Beatrice Fernandez, we feel there is a strong need to have this legislation."
She was referring to Fernandez, a stewardess who wassacked in 1991 by Malaysia Airlines for refusing to resign when she became pregnant. She then lost a 14-year battle in March last year when the Federal Court rejected a petition to review employment terms deemed restrictive towards female employees.
Zarizana was speaking to reporters after the opening of the International Conference on Mechanisms and Legislation to Promote and Protect Gender Equality, held in Petaling Jaya.
Functions of bodies
The three-day conference, organised by WCC and Women Under Muslim Laws, was officiated by Chief Judge of the High Court in Malaya, Siti Norma Yaakob. Participants include those from South Africa, Australia, Hong Kong, Pakistan, Sri Lanka, Iran and Germany.
Zarizana said the proposed gender commission would examine all laws, conduct programmes to promote equality, advise the government on a gender equality policy and guidelines, and deal with complaints and breach of anti-discrimination provisions.
The specialised tribunal would be aimed at "discerning and identifying discrimination".
"You need to be trained and to be aware of how it operates. Something that is specialised in equality to provide redress - that's why we need both a commission and a tribunal," she said.
Zarizana elaborated that the proposed legislation would be two-fold in prohibiting gender discrimination and promoting gender equality. It would also focus on substantive rather than formal equality.
"Formal equality is where you have a law that says everybody is the same. Substantive equality that it
Soon Li Tsin
Aug 28, 06 5:09pm
Malaysiakini.com
Proposed gender bill to comply with syariah law Soon Li Tsin
A women's group which is pressing for a gender equality bill said that the new legislation will be made compatible with the country's Islamic laws.
Penang-based Women's Centre for Change (WCC) vice-president Zarizana Abdul Aziz (photo) said today that the suggested bill will be drafted to suit Malaysia's unique social context, where 60 percent of the population are Muslims. WCC is mooting the proposed bill to, among others, wipe out discrimination against women in the workplace.
"The Federal Constitution says that there shall be no discrimination on the grounds of gender," Zarizana told reporters after the presenting ideas on the proposed bill at the International Conference on Mechanisms and Legislation to Promote and Protect Gender Equality held in Petaling Jaya.
However, the courts have interpreted the constitution's Article 8 as only requiring the government not to practise discrimination against women. Private individuals and companies are exempted.
Zarizana was referring to the high-profilecase of Beatrice Fernandez, a stewardess who was sacked in 1991 by national carrier Malaysia Airlines for refusing to resign when she became pregnant.
Fernandez eventually lost a 14-year battle in March last year when the Federal Court - the country's highest court - rejected a petition to review employment terms deemed restrictive towards female employees.
Zarizana argued that Malaysian courts have understood gender discrimination differently from those in other countries. "Some countries don't need legislation because equality comes out from the law naturally and is a part of justice." The suggested bill will also include the establishment of a commission, similar to the Human Right Commission, or Suhakam. Among the tasks of the commission is to help bring reconciliation informally between conflicting parties. It will also set up a tribunal, or a mini-court, to adjudicate cases of gender discrimination. The tribunal could however refer its cases to the High Court.
Consult syariah courts
Asked on whether the bill would encroach on the country's syariah law, Zarizana replied: "The syariah law, as far as I can see, only pertains to personal laws. If a case is brought before commission that pertains to the syariah, the commission can consult the syariah courts or choose not to take on the case."
She explained that the draft bill will be further refined at the three-day conference which kicked off yesterday. In drafting the bill, women activists seek to draw on existing gender equality mechanisms in 20 countries.
"We will looked at common law countries and European ones simply because they have very developed law on equality and discrimination."
Some of the proposed clauses include:
- Discrimination of women is defined as `treating women differently for reasons of pregnancy, childbirth or breastfeeding'.
- The gender equality commission shall consist of not more than 20 members, at least half of whom shall be women and are appointed by the Yang di-Pertuan Agong on the recommendation of the prime minister.
- The commission shall appoint a chief conciliator who shall undertake conciliation of complaints as referred to her or him by the commission.
- The tribunal's chairperson, deputy chairperson and not less than five other members to be appointed by the minister from amongst members of the judicial and legal service; and the tribunal is armed with powers to enforce, review and award judgments.
Soon Li Tsin
Aug 29, 06 7:23pm
Malaysiakini.com
