Christmas Eve With YB Jenice Lee

ADUN for Teratai Jenice Lee meeting with disabled people from her constituency
(L to R) Robert Wang, Tan Weng Aun, Peter Tan, Jenice Lee and Mrs. Robert Wang.

After the briefing on the MPAJ Local Draft Plan, ADUN for Teratai Jenice Lee invited us to lunch with her on Christmas Eve at the Pandan Lake Seafood Village. This was to discuss further accessibility issues faced by disabled people in her constituency in relation to the local draft plan. Jenice herself saw firsthand how we had problems getting into the restaurant as the premises did not have a ramp. We also sought her advice on the parties we should seek in the MPAJ to resolve access problems.

Currently, the provision of accessible facilities in the Ampang Jaya is still minimal at best. Although progress is slow, we will keep up with active engagement with the MPAJ to ensure that they are constantly aware of the problems faced by disabled people in the municipality. What is most telling is that the town planner of MPAJ Awang Mustapha revealed that the needs of disabled people were not included in the local draft plan until we brought it up at the briefing. Nevertheless, we thank Jenice for the support she has given to our cause since our first meeting with her shortly after she won the Teratai state constituency in the 12th General Election.

Taklimat Draf Rancangan Tempatan MPAJ

Peter Tan being carried up two steps at the Dewan MPAJ Pandan Indah
Peter Tan being carried up two steps at the Dewan MPAJ Pandan Indah.

MPAJ organised a briefing on the Local Draft Plan for residents of the Teratai state constituency. It was held at the Dewan MPAJ at Pandan Indah. This local draft plan was for the development of the Ampang Jaya municipality for the next ten years. ADUN for Teratai Jenice Lee had informed me about this briefing. My main interest in this matter is to see if accessible facilities are included in the draft.

MPAJ Town Planner Awang Mustapha speaking on the Local Draft Plan
MPAJ Town Planner Awang Mustapha speaking on the Local Draft Plan.

The first inkling that it was not going to be plain sailing was when I discovered that the Dewan MPAJ did not have an access ramp into the hall. There were only steps and I had to be carried up together with my wheelchair. MPAJ will get to hear from me real soon regarding this matter. There is no reason whatsoever not to provide access in compliance with the Uniform Building By Law 34 when MPAJ itself is the authority enforcing this on all public buildings.

ADUN for Teratai Jenice Lee and MPAJ Councillors of the Teratai state constituency at the briefing
ADUN for Teratai Jenice Lee and MPAJ Councillors of the Teratai state constituency at the briefing.

When the forum was opened to the floor after the briefing by MPAJ Town Planner Awang Mustapha, I asked if the local draft plan includes provision of accessible facilities. It came as a shock to me that there were none according to Awang although such facilities were included in the guidelines for the draft. He promised to take this matter into account.

ADUN for Teratai Jenice Lee asking for clarification on some points at the Local Draft Plan briefing
ADUN for Teratai Jenice Lee asking for clarification on some points at the Local Draft Plan briefing

I was even more displeased when Councillor Chan Su San informed the floor that she did emphasise that accessible facilities should be included in the local draft plan during council meetings on the matter. I thought that MPAJ have understood that the municipality barely have accessible facilities and that after the seminar and dialogue with disabled people and the announcement by the Yang Di Pertua at the disability awareness training, such issues whould have been given more attention. Unfortunately, I was mistaken. This oversight is prevalent in local governments all over Malaysia. It is all talk without substance.

Peter Tan asking about the accessible facilities in the Local Draft Plan
Peter Tan asking about the accessible facilities in the Local Draft Plan.

It is very disappointing that a plan as important as this, even though at the draft stages, excludes the needs of disabled people, especially after all the advocacy activities we have initiated with MPAJ. I hope there will be more ADUNs like Jenice Lee and councillors in MPAJ like Chan Su Sann who understood the importance of such facilities and speak out on behalf of disabled people who do not have a representation in the MPAJ.

Meeting With YB Jenice Lee

Jenice Lee with Tan Weng Aun, Wang Siew Ming and Peter Tan
Jenice Lee with Tan Weng Aun, Wang Siew Ming and Peter Tan.
Photo by Wuan.

Right after the 12th General Election, I thought it would be a good idea to present a memorandum to the incoming state governments on issues of accessibility for disabled people. Although there is a law to compel developers to include such features in their projects, this is seldom enforced. The Uniform Building By-Law 34-A (UBBL 34A) under the Street Drainage and Building Act specifically states that:

(3) Buildings to which this by-law applies and which on .the date of commencement of this by-law have been erected, are being erected or have not been erected but plans have been submitted and approved shall be modified or altered to comply with this by-laws within 3 years from the date of commencement of this by-law.

Fifteen years later now, old buildings have not complied with this requirement while many new buildings do not meet the minimum standards of accessibility. The onus of enforcements falls squarely on the majlis perbandaran (municipal councils) and they have done nothing with regards to this matter.

While the UBBL 34A is a move in the right direction, it is made impotent by indifferent officers within the many majlis perbandaran who are either ignorant of the existence of the law or are not technically savvy enough to understand the accessibility standards. Whatever the reasons, disabled people are left high and dry.

Hence, I wrote the memorandum with the hope that it would move the state governments to compel all municipal councils to enforce the UBBL 34A. Naziaty Yaacob of Inclusive Design for Malaysia provided valuable feedback that completed the document. My friends in Penang submitted the same document with some amendments to reflect the situation there to Penang Chief Minister Lim Guan Eng a couple of weeks ago.

Here in the Klang Valley, I secured an appointment to meet with the ADUN of Teratai YB Jenice Lee last Saturday morning together with fellow accessibility advocate Wang Siew Ming and Tan Weng Aun. We presented Jenice with the memorandum to forward it to the Selangor Menteri Besar. We spent nearly two hours discussing about the accessibility issues faced by disabled people and the badly done ramps along the walkways at Pandan Perdana and went through the various points in the memorandum.

At the same time, Wang presented Jenice with the Malaysian Standard MS 1184: Code of Practice on Access for Disabled Persons to Public Buildings and the Malaysian Standard 1331: Code of Practice for Access for Disabled People Outside Buildings. He presented the same books to the previous ADUN before the construction of the ramps but not one of the ten ramps complied with the standards and are not safe to use.

The day before concrete was poured, we specifically guided the contractor on how it should be done. He was annoyed with us for fussing over it. We were very disappointed when we went to check on the ramps after it was completed. He did not follow any of the specifications. That rendered the ramp useless. It was truly a waste of public funds.

We truly hope Selangor will live up to its developed state status and take the lead to become the first state to be generally accessible to disabled people. We have gotten a raw deal for so long and we hope that all the new state governments will seriously look into the problems faced by disabled people and resolve it for once and for all. We would also like to thank Jenice for spending the morning listening to us, making an effort to understand what we are facing and for promising to look into it.

Related entry:
Memorandum to the Government Of Selangor Darul Ehsan on Facilities for Disabled People