Meeting Eleanor
Peter Tan, Wuan, Christine Lee, Dr. Kenji Kuno and Eleanor Lisney.
Eleanor and I met online through our respective blogs. She is a disability consultant based in Coventry, United Kingdom. We have been talking about meeting up for the longest time. The planning to come back here took a while. The infrastructure in Malaysia simply cannot provide her the mobility and independence like those in the UK.
Anyway, we got together last Saturday with Wuan, Christine and Kenji at One World Hotel where we spent a good four hours sharing information and experiences regarding disability issues. We were enlightened on the support and services provided for disabled people in the UK. Thanks Eleanor, for your time and the lovely afternoon tea at the hotel lounge. Here is wishing you a safe journey back.
Tags: 1 Utama, Christine Lee, disabled people Malaysia, Eleanor Lisney, Kenji Kuno, One World Hotel, wheelchair user
Time to remove all reservations and sign the Optional Protocols: The Malaysian Bar – July 8, 2010
The Malaysian Bar
Press Release: Time to remove all reservations and sign the Optional ProtocolsThursday, 08 July 2010 03:11pm
The Malaysian Bar welcomes the Government’s ratification of the Convention on the Rights of Persons with Disabilities (CRPD). Alongside Malaysia’s well-publicised ratification, the Government has nonetheless taken reservations to Article 3 on general principles, Article 5 on equality and non-discrimination, Article 15 on freedom from torture or cruel, inhuman or degrading treatment or punishment, Article 18 on liberty of movement and nationality, and Article 30 on participation in cultural life, recreation, leisure and sport.This means that the Malaysian Government does not fully subscribe to the fundamental principles that persons with disabilities should enjoy such equality, non-discrimination, freedom or liberty, or to fully participate in culture, recreation, leisure and sport. This makes for a hollow ratification since such reservations take away from fundamental principles that underpin CRPD.
These kinds of reservations are consistent with the reservations made to the Convention on the Rights of the Child (CRC), which Malaysia acceded to in 1995. Despite withdrawing reservations to Articles 1, 13 and 15 of CRC, Malaysia still has five reservations in place. These are to Article 2 on non-discrimination; Article 7 on name and nationality; Article 14 on freedom of thought, conscience and religion; Article 28(1)(a) on free and compulsory education at primary level; and Article 37 on torture and deprivation of liberty. This indicates that the Malaysian Government still takes the view that children can be discriminated against, have no right to a name or nationality, have no freedom of thought, conscience and religion, and staggeringly, should not be free from torture and deprivation of liberty.
The Malaysian Bar also welcome the Government’s withdrawal of reservations to Articles 5(a), 7(b) and 16(2) of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). While noteworthy strides have been made in terms of efforts to eliminate discrimination against women, Malaysia also still has five reservations in place with respect to CEDAW. These deal with equal rights for women to pass their nationality to their children (Article 9(2)); equal rights to enter into marriage (Article 16(1)(a)); equal rights and responsibilities during marriage and at its dissolution (Article 16(1)(c)); equal rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children (Article 16(1)(f)); and the same personal rights in a marriage, including the right to choose a family name, a profession and an occupation (Article 16(1)(g)).
In addition to these reservations, the Malaysian Government has still not signed or ratified any of the Optional Protocols to CRPD, CRC or CEDAW. These Optional Protocols grant specific rights to the citizens/residents of a country to refer their government to the international supervisory committee for non-compliance with each of these conventions. At present, although Malaysia is a State Party to these conventions, Malaysians cannot hold the Government accountable if it does not honour or comply with their provisions.
Similarly, the Persons With Disabilities Act 2008, which supposedly implemented the provisions of CRPD and which came into force in July 2008, does not provide for any form of punishment or remedy for breaches. It remains to be seen how the Malaysian Government will ensure that provisions of that Act are implemented. The Act also does not ensure that the persons with disabilities are not discriminated against, e.g. in education and employment opportunities.
The ratification of CRPD, and the withdrawal of some of the reservations to CRC and CEDAW, are all positive steps. However, more can, and should, be done.
We call on the Malaysian Government to give full effect to its international obligations by removing all remaining reservations, and by signing all three Optional Protocols. It should also expand the scope of the existing Child Act 2001 and Persons With Disabilities Act 2008 to comprehensively cover all areas of CRC and CRPD respectively. Currently, many of the provisions of CRC and CRPD have been left out of the enabling Malaysian legislation.
Finally, to show that it is fully transparent and accountable to the rakyat, we call on the Malaysian Government to insert provisions in all enabling legislation to allow the Malaysian Government to be challenged in Malaysian courts for non-compliance with its full obligations under CRPD, CRC and CEDAW. In particular, as a member of the United Nations Human Rights Council, the Malaysian Government should do no less.
Lim Chee Wee
Vice-President
Malaysian Bar8 July 2010
Tags: Akta OKU 2008, Akta Orang Kurang Upaya 2008, Bar Council, Convention of the Right of Persons with Disabilities, CRPD, disabled people Malaysia, discrimination against disabled people, Kementerian Pembangunan Wanita Keluarga dan Masyarakat, Malaysia, Optional Protocol to the Convention on the Rights of Pe, Persons with Disabilities Act 2008, rights of disabled people, Shahrizat Abdul Jalil, The Malaysian Bar
Love Letter To PLUS – Unusable “Accessible” Toilet
Puan Khalilah Talha is the General Manager Corporate Communications at PLUS Expressways Berhad. She had responded to my complaints regarding the facilities along the North South Expressway, especially the dangerous ramps at the Ayer Keroh RSA last year.
The email below is regarding the toilet with the wheelchair logo above the door that I could not use at Ulu Bernam RSA last week.
Dear Puan Khalilah,
I would like to point you to the “accessible” toilet at Ulu Bernam RSA Southbound. I was truly shocked to discover that I could not close the door after I got in. It opened inwards and there was little space for me to maneuver. That being the only toilet provided for disabled people at the RSA, I had no choice but to empty my bladder into my diaper. It is ridiculous to indicate that the toilet is for disabled people when it is not usable by a wheelchair user. I hope this matter is rectified soonest possible.
On another note, I am truly disappointed to note that my previous complaints 1 year ago regarding accessible parking were not looked into. The parking spaces at the RSAs and lay-bys that I stopped at do not comply with the code of practice. Most of them are too narrow. Worse still, most of these spaces were occupied by vehicles with non-disabled passengers or drivers. This defeats the purpose of allocating such space when disabled people do not have the opportunity to use them at all.
I use the NSE frequently. As a disabled person, I am not even asking for privileges and discount on tolls. I pay the same fare as other non-disabled drivers. All I am asking for is that PLUS provide facilities that are functional, safe and convenient for disabled drivers and passengers alike. That is the least PLUS can do to ensure equality to disabled people using the NSE.
I would like to advise PLUS to conduct a thorough access audit on all the RSAs and lay-bys to ensure that the facilities comply with the code of practice. Putting the wheelchair logo on the toilet door or painting the same logo on the parking space do not make them usable by disabled people. I am sure you are aware of the Malaysian Standard MS 1183, MS 1184 and MS 1331. I discovered from a cursory audit last week that many of the facilities do not comply with the requirements.
With the Akta Orang Kurang Upaya in force now and Malaysia being a signatory to the Convention on the Rights of Persons with Disabilities that will soon be ratified, it is time for PLUS to seriously work towards ensuring that all public facilities along the expressways are fully accessible, not only to disabled people, but to everyone that uses them.
Your attention in this matter is most appreciated.
Thank you.
Regards,
Peter Tan
Tags: accessible toilet, disabled people Malaysia, disabled toilet, handicap toilet, PLUS Expressways Berhad