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.”
Tag: Akta Orang Kurang Upaya 2008
Bigotry In Malaysia
MACC counsel Datuk Abdul Razak Musa then stood up to protest Karpal’s continued use of the word “murder” in pertaining to Teoh’s death.
When Karpal, who is in a wheelchair, told Abdul Razak to “sit down”, the latter replied: “I will sit down but you cannot stand up.”
The Star – January 15, 2010
Abdul Razak must have thought that his shooting from the hip was the perfect rebuttal to Karpal. Although the remark was pointed at Karpal, it has, in one fell swoop, affronted all wheelchair users. This is a blatant disregard for the dignity of disabled people.
Of all people, I would least expect a lawyer to say something as disrespectful as this. Ridiculing a disabled person’s condition is bigotry just like how making deprecating remarks along racial lines is considered racism. Let there not be a doubt regarding this.
This is also an indication of how little the government has done to promote disability equality in the country. When Parlimentarians and government officers have no qualms with throwing insults at disabled people, they set a bad precedent to society at large on how disabled people should be treated. Thankfully, people like these are a minority. Such attitudes are still disconcerting nonetheless.
If the government is serious in protecting the rights and dignity of disabled people in Malaysia, they should come out with an anti-discrimination law. The Persons with Disabilities Act 2008 does nothing to that effect. Disabled people in Malaysia still face attitudinal and environmental barriers in every aspect of their lives.
The Star Online
Published: Friday January 15, 2010 MYT 11:38:00 AM
Updated: Friday January 15, 2010 MYT 1:36:58 PMTeoh Beng Hock’s inquest takes a further turn (Update)
By WANI MUTHIAHSHAH ALAM: The inquest into the death of political aide Teoh Beng Hock took a further turn when a hearing on an application to cite a Malaysian Anti-Corruption Commission (MACC) officer for contempt targeted its counsel instead.
Counsel for the Government Tan Hock Chuan had earlier given the court the Attorney-General’s assurance that no action would be taken against Thai forensic pathologist Dr Pornthip Rojanasunand.
He said the A-G was also of the opinion that Dr Pornthip had not leaked any information to Suara Keadilan, which had carried an article “confirming” that Teoh had been murdered.
Coroner Azmil Muntapha Abas then said that given the A-G’s opinion, there was no longer any need to proceed with contempt proceedings against Raub Ghani, who had lodged a police report against Dr Pornthip alleging that she had leaked information from the results of the second post-mortem performed on Teoh to “unauthorised” parties.
Raub, 41, who is attached to the Putrajaya MACC investigation unit, had lodged the report at the Shah Alam district police headquarters on Jan 1.
However, the counsel representing Teoh’s family, Karpal Singh argued for contempt proceedings to continue against Raub as going by the A-G’s opinion, it would seem to indicate that the MACC officer had lodged a false police report and thus, should be “duly dealt with”.
MACC counsel Datuk Abdul Razak Musa then stood up to protest Karpal’s continued use of the word “murder” in pertaining to Teoh’s death.
When Karpal, who is in a wheelchair, told Abdul Razak to “sit down”, the latter replied: “I will sit down but you cannot stand up.”
The court was thrown into further chaos when at one point, Gobind Singh Deo called Abdul Razak a “scoundrel” for insulting Karpal Singh’s disability, and wanted contempt proceedings initiated against Abdul Razak.
The court has momentarily stood down for both Karpal and Gobind to refer to grounds to initiate proceedings against Abdul Razak.
Coroner Azmil Muntapha fixed Jan 22 to hear submissions in the contempt proceedings against Raub.
He agreed there were elements of contempt in Abdul Razak’s remarks against Karpal, but only cautioned him.
Earthquake in Malaysia
Facebook and Twitter is alive with chatter of earthquake with a magnitude of 7.6 on the Richter scale that hit off Sumatra near the city of Padang at 6.16pm just now. A tsunami watch has been issued for Indonesia, Malaysia, Thailand and India. I did not feel a thing. Nothing moved. The water in the aquarium did not slosh about. The doors did not rattle unlike the time when even the floor moved under me for a good one minute or more and made me giddy.
Having moved to a single storey house now, I still feel for those who are staying in high rise apartments, especially people with mobility impairments. Section 40 of the Persons with Disabilities Act 2008 (PWD Act 2008) states that disabled persons shall have the right to assistance in the event to natural disasters, among others.
I am interested in finding out if anything has been done to address this matter since my letter to Dato’ Seri Sharizat in May 9, 2005 regarding a systemtic evacuation plan for disabled people trapped in high rise buildings in the event of a disaster such as an earthquake or a fire. Dare I be optimistic and say that surely the government has done something since the PWD Act 2008 has already clearly spelt that out in as many words?