Disabled community let down by authorities’ lack of will, poor coordination
by Erna Mahyuni on 28 Apr, 2010
in Cheras, Features, Other Areas.Speaking to people with disabilities advocate Peter Tan, Komunitikini got the rundown on the current situation and challenges faced by the disabled community in Malaysia.
Tan, a trained peer counselor, said that despite existing legislation for building proper facilities for the disabled there was still a lack of accessible facilities for the community.
“My trips out are still limited to places that have some basic accessible facilities such as ramps, (disabled) toilets and elevators.” The lack of these facilities hamper Tan and others like him who struggle with an environment that does not take into account their challenges in doing something as fundamental as moving around.
“There is better awareness of (our) issues but the situation is not improving, ” said Tan. He attributed it to a general “lack of will” on the part of the authorities whether they were at federal, state or local levels to take the necessary steps to improve things.
Citing the existence of the Uniform Building By-Law 34A, which had been in existence since the mid-90s, he said that the law required new buildings to provide access for the disabled. Builds already completed or under construction when the by-law was gazetted were given three years to comply with the applicable standards for construction: Malaysian standards MS 1183 and 1184.
“15 years on,” he noted, “Many buildings still do not comply with those requirements.”
Another problem, Tan noted is the lack of enforcement of said standards.
“Compliance with the UBBL 34A is the responsibility of the local governments, but they do not have qualified personnel to ensure compliance.”
Of the newer buildings that do include disabled facilities, Tan said that often the facilities were not built according to standards. For instance, disabled toilet stalls that were too small, doors that open inside, ramps that were too steep were common problems coupled with street environments that Tan called “totally hostile to disabled people.”
He noted The Gardens at Mid Valley City as an example of near perfect accessible facilities. “If not for the ramp leading to the lift lobby at P2.” Tan said the ramp had a flaw that could cause a wheelchair to tip backwards.
What irks Tan is that though there may be accessible buildings, getting to them is difficult. “What we have here is an island of accessible facilities in an ocean of barriers, ” he said. He called it a circle of mobility that was, for most disabled people, broken in many parts.
Asked about what could be done about the situation, Tan said one step would be for the disabled to unite and find a common platform.
“Many are interested in charity at the expense of advocating for the rights of disabled people.
“First, we need to come together and work together for the common good. Our voices cannot be heard if we don’t speak in a united voice.
“There are too many people trying to do the same thing,” he said.
Category: In The News
A disabled-friendly Malaysia?: The Nut Graph – February 19, 2009
A disabled-friendly Malaysia?
19 Feb 10 : 8.00AMBy Ding Jo-Ann
dingjoann@thenutgraph.comMALAYSIA passed the Persons with Disabilities Act (PWDA) in 2008 as part of its obligations under the Convention on the Rights of Persons with Disabilities (UN Convention). According to the PWDA, those persons with disabilities shall have equal access to the following in Malaysia:
public facilities, amenities, services and buildings;
public transport;
education;
employment;
information, communication and technology;
cultural life;
recreation, leisure and sport.Malaysia also amended the Uniform Building Bylaws in 1990, making it compulsory for buildings to provide access and facilities for disabled persons. Existing buildings were given three years to make modifications to comply with the bylaw.
In addition, then Deputy Prime Minister Datuk Seri Najib Razak said in September 2006 that all buildings and public amenities, including existing buildings, must be disabled friendly.
But two years after the Act and nearly two decades after the bylaw amendment, have there been substantial steps taken in providing equal access for persons with disabilities? If not, why not?
No change
Peter Tan, a disability rights advocate living with spinal cord injury, says that as far as accessing public places is concerned, not much has changed since the PWDA or bylaw amendment were passed.
He says accessible facilities have only been provided on a piecemeal basis so far. “For example, if a wheelchair user wants to go to Suria KLCC from Cheras, there are too many barriers in the built environment and public transport system that makes the journey impossible.
“We need to have accessibility from a holistic point of view. What is the point of having a building that is fully accessible when the wheelchair user cannot even get out from his [or her] house safely and conveniently?” says Tan.
He adds there is currently no code of practice for disabled access to public transport. “RapidKL claimed they have 100 buses with ramps. However, the buses don’t allow wheelchair users to board. Even if they did, the bus stops are not suitable.
“If I don’t drive, I won’t be able to move around the city conveniently. I have taken the Kelana Jaya LRT line, which is wheelchair accessible, but there is no connectivity from our homes to the stations,” says Tan.
RapidKL buses, which Tan says aren’t as disabled friendly as they are claimed to be
(Pic by mailer_diablo / Wiki commons)Helen Chin, a lawyer and advocate for the learning disabled, cannot think of any examples of significant improvements brought about by the PWDA.
“There are some radio announcements on launching programmes to sensitise people on the rights of disabled persons. This is encouraging, but no details have been given,” she says in a phone interview.
“We’re in 2010 now; the Act was passed in 2008. [The government] has to move faster… there are so many who are disabled.”
Chin says that at an October 2009 Bar Council public forum, an Education Ministry spokesperson announced plans to remove the words “non-educable” from the Education Act (Special Education) Regulations 1997 by early 2010. This was to align the regulations with the PWDA, which ensures equal education opportunities for all.
To date, however, Chin says nothing has been gazetted.
Change possible
Anthony (Courtesy of T Anthony) Petaling Jaya (PJ) City Council councillor and The Star Wheel Power columnist Anthony Thanasayan says the council has been working hard to make PJ disabled friendly.
He says having a technical committee on disabilities is a must to ensure access for disabled persons.
Anthony, who is a wheelchair user, says having a disabled person in the committee is also crucial to ensure plans are usable.
“All new buildings [in PJ] now need the committee’s approval. Through this process, we’ve spotted many plans that needed improvement. Often, [developers] genuinely have no clue [about how to construct a disabled-friendly building].”
Anthony says the PWDA is “useless” without a disabilities committee in every council. “Change must be top-down, not down-up,” he says. “It has to start with the pavements outside your house, not at some beautiful five-star hotel or shopping complex.
“If Najib means what he says [about ensuring all public buildings and amenities are disabled friendly], he should set up disability committees in all councils,” says Anthony.
Anthony predicts that a satisfactory level for disabled access can be gradually achieved in three years, provided the council stays committed. The council also plans to build 150 disabled-friendly car parks with shelters, and now issues official disabled passes for free. It also built a 500m universal-design pavement along Jalan Gasing that is disabled friendly.
Tan (Courtesy of Peter Tan) Tan adds that accessible facilities do not just benefit disabled persons, but can also be used by senior citizens, pregnant women, and adults with prams.
Making change happen
On a national level, Chin says the government needs to set up a board of inquiry with session court powers if it seriously intends to address issues faced by disabled persons.
“At the moment, there is no machinery for channelling complaints and to draw the government’s attention to grouses,” says Chin. “You can write a letter just like to any government department, but there’s no accountability to this process. So how effective can it be?”
The PWDA establishes a National Council for Persons with Disabilities chaired by the minister in charge of social welfare, which meets at least thrice yearly to implement the PWDA.
However, Chin says the PWDA doesn’t provide for any sanctions if the government fails in its obligation to provide equal opportunities of access as outlined in the PWDA. Further, there are conflicting provisions in the PWDA on whether an individual can sue the government for not meeting its obligations.
“Without penalties [for contravening the PWDA] and a board of inquiry, [the Act] is more like a policy statement. There should be separate regulations made to ensure that implementation is down-to-earth and practical,” says Chin.
Chin notes that sanctions already exist for buildings that do not comply with the Uniform Building Bylaws, which provide for disabled access. However, enforcement has been weak. “Even when there are legislative provisions providing for sanction, its success depends on enforcement,” she says.
(Pic by Thoursie / sxc.hu)Although Malaysia signed the UN Convention, we did not ratify it or sign the Optional Protocol. The protocol allows those adversely affected by a country’s non-compliance with the UN Convention to report such violations to the UN committee, which oversees its implementation.
“The authorities often say that things cannot change overnight,” says Tan. “I have been a wheelchair user for 26 years, and have not been able to live independently even after the PWDA or Uniform Building Bylaws amendment.
“Fifteen years since the bylaw amendment, politicians are still using this excuse.”
KL folk happy with pedestrian boost: The Star – Metro – March 12, 2009
The Star Metro
Home > Metro > CentralThursday March 12, 2009
KL folk happy with pedestrian boostMOST city residents see the pedestrian move as a moral boost and welcomed it with open arms.
“It’s definitely a great step forward as it will not only be convenient for the public to hop from one building to another but is’s also a great way to boost tourism,’’ Sungei Wang Plaza promotions and public relations manager K.K Lim said.
Lim added that Kuala Lumpur was still far behind Bangkok in terms of connectivity.
“The allocation will greatly help elevate the appeal of Bukit Bintang as a tourist hub,’’ said Joyce Yap, president of the Malaysian Association for Shopping and Highrise Complex Management.
Yap, who is also the acting Pavilion Kuala Lumpur CEO, said the project would improve accessibility and connectivity to the golden triangle and will indirectly encourage people to walk.
Bukit Bintang MP Fung Kui Lun said he welcomed the news as it would not only boost tourism but would connect the missing link between Bukit Bintang and the KLCC area.
“It’s great news and definitely good for business,’’ Ancasa Hotel & Spa, Kuala Lumpur public relations manager Melinda Ambrose said.
“We have been hearing about this project for years.
“In fact, there was talk recently that the Kuala Lumpur City Hall (DBKL) planned to build a RM20mil elevated walkway to connect the Menara Maybank, Ancasa Hotel, and the Cahaya Suria Shopping Centre with the Pudu Raya Bus Terminal and Chinatown,’’ Ambrose said.
Istana Hotel director of marketing and communications Hasma Ahmad also agreed that it was a good move.
Peter Tan, who has been using a wheelchair for more than two decades, however, hoped that the walkways and skybridges would be accessible for all.
“There has not been much improvement in facilities for the disabled and we hope that this would change,’’ Tan said.
City resident Shahjehan Safian also added that he was confident the move would help alleviate traffic congestion and also reduce the number of accidents.