Malaysia Signs The Convention On The Rights of Persons With Disabilities
Thanks to Lilei Chow who forwarded news articles on Malaysia becoming the latest signatory to the United Nations Convention on the Right of Persons with Disabilities (CRPD). Malaysia signed the convention on April 8, 2008. This is a milestone in the disability movement in our country.
However, the same news articles did not mention if Malaysia also signed the Optional Protocol to the Convention on the Rights of Persons with Disabilities and whether Malaysia had reservations towards some of the articles in the CRPD. The Optional Protocol enables individuals whose rights are violated to seek redress from the Committee of Persons with Disabilities after exhausting all the remedies of national laws.
The United Nations Enable page on Convention and Protocol Signatories and Ratification listed Malaysia as having only signed the Convention. The government should show its full commitment by also signing the Protocol and at the same time ratify the Convention soonest possible.
At the same time, the government should also consider drawing up an anti-discrimination law to protect the rights of disabled people. The Persons With Disabilities Bill is non-punitive and therefore toothless. The Uniform Building By-Law 34-A (UBBL 34A) under the Streets, Drainage and Buildings Act must also be strictly enforced to ensure that all public buildings are fully accessible. It is high time the By-Law includes external environment as it currently does not require that those places be accessible to disabled people.
The UBBL 34A is a good example of how the rights of disabled people are not not being protected by a piece of legislation that has been in existence since the mid-90s. The government has had fifteen years to do what is required in the By-Law but they have done little. Therefore I wonder how the Persons with Disabilitie Bill will be any different when past laws have proven otherwise.
Nevertheless, having signed the Convention, the government should now get down to implementing the policies on disabilities to ensure that disabled people are accorded their equal and rightful place in society. Policies that discriminates should be removed with immediate effect. Infrastructure in the forms of public transport and built environment should be made accessible to all.
The government can begin by ensuring that RapidKL, Rapid Penang, Star LRT and all government facilities are accessible to disabled people within a fixed time frame. The other issues that must be looked into are education, employment and the provision of independent living support to people with severe disabilities. Are we up to it? Time will tell. Until then, I am reservedly optimistic. I have experienced too many empty promises and poorly enforced legislation to believe that things will change for the better any time soon.
The Star Online
Thursday April 10, 2008
Malaysia signs UN convention on disabledNEW YORK: Malaysia has signed the Convention on the Rights of Persons with Disabilities at the United Nations headquarters here.
The Malaysian Government was represented by Datuk Faizah Mohd Tahir, Secretary General of the Ministry of Women, Family and Community Development, said a statement issued by her entourage.
The signing was witnessed by Annebeth Rosenboom, chief of the treaty section at the UN’s Office of Legal Affairs, Malaysia Consular at New York Raja Nurshirwan Zainal Abidin, and National Population and Family Development director Aminah Abdul Rahman.
The Convention entitles the disabled to the full enjoyment of all human rights and ensures full and effective participation as well as inclusion in society, on an equal basis with others.
The eight general principles of the Convention are:
* Respect for inherent dignity and individual autonomy; * Non-discrimination; * Full and effective participation and inclusion in society; * Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; * Equality of opportunity; * Accessibility; * Gender equality and respect for the evolving capacities of children with disabilities; and * Respect for the rights of children with disabilities to develop and preserve their identities.
The signing shows the Government’s concern and commitment following the formulation of the Policy on Persons with Disabilities and its Plan of Action, the Persons with Disabilities Act 2007 and the recent appointment of a disabled person as a senator, the statement said.
BERNAMA
April 09, 2008 18:44 PMMalaysia Signs UN Treaty On Rights Of Persons With Disabilities
KUALA LUMPUR, April 9 (Bernama) — Malaysia is now a signatory to the Convention on the Rights of Persons with Disabilities, a treaty that upholds and safeguards the rights of people with disabilities to be independent and to live with dignity and respect.
Women, Family and Community Development Ministry’s secretary-general Datuk Faizah Mohd Tahir signed the treaty for Malaysia at a ceremony held at the United Nations’s (UN) headquarters in New York Tuesday.
According to a statement from the ministry, the signing of the convention was witnessed by UN’s Office of Legal Affairs’ Chief of Treaty Section Annebeth Rosenboom, Malaysia’s Counsellor in New York Raja Nurshirwan Zainal Abidin and Director of National Population and Family Development Aminah Abdul Rahman.
The long-awaited convention underlines eight general principles which include respect for inherent dignity and individual autonomy, non-discrimination, full and effective participation and inclusion in society, respect for difference, and acceptance of persons with disabilities as part of human diversity and humanity.
The statement said the signing of the convention showed the government’s concern and commitment following the formulation of the Policy on Persons with Disabilities and its plan of action.
– BERNAMA
Related entries:
The Malaysian Perspective On The Convention On The Rights Of Persons With Disabilities
Persons With Disabilities Bill 2007 - All Bark And No Bite
Tags: Convention of the Right of Persons with Disabilities, CRPD, Malaysia, Persons with Disabilities Bill 2007, traffic accident in North-South Expressway, Uniform Building By-Law 34A
Can Political Change Translate To New Hope For Disabled People?
Now we have four state governments in Kedah, Penang, Perak and Selangor that are not from the Barisan Nasional, apart from Kelantan that has been held by PAS for the last 18 years. What can the common people expect from this radical change that unexpectedly swept through the entire nation? What can disabled people expect from the Chief Minister of Penang, the Menteri Besars of Kedah, Perak and Selangor? What can disabled people expect from the local governments in terms of accessibility to the built environment and other services provided by these authorities?
In all sincerity, I fervently pray that disabled people will get a better deal from now on. Accessibility to the built environment still poses a major stumbling block to the mobility and independence of disabled people all over Malaysia. As much a we would like to become part of the community that we live in, many of us are still unable to get out from our homes safely because the surrounding areas are fraught with barriers and dangers.
These include walkways without functional ramps for wheelchair users and tactile indicators for the blind. In addition to that, street furniture such as lampposts, signboards and various utility boxes are indiscriminately positioned along the walkways. Some walkways have uncovered manholes. These not only obstruct the passage but poses potential risk of injury to disabled people but to non-disabled people as well.
Oftentimes, by building ramps and placing the wheelchair logo to the doors of toilets, these places are said to be accessible and “disabled-friendly.” This is a very misleading notion. I have encountered ramps that are too steep, too slippery, too long or do not have railings. Such ramps are not functional and are dangerous. I have fallen while using a few. A spacious toilet or one with the wheelchair logo does not necessarily make it suitable for wheelchair users. Grabs bars, toilet bowls, sinks, water hose and even the door itself must be of a certain height and feature for them to be functional
There are standards for such facilities. The Standards & Industrial Research Institute of Malaysia (SIRIM) has published the Malaysian Standard 1184 (MS 1184) and Malaysian Standard 1331 (MS 1331) specifically for this purpose. MS 1184 pertains to access for disabled persons to public buildings while MS 1331 is on access outside buildings. The code of practice for these two standards is often ignored. Builders are often left to do their own interpretation of such facilities. Interpretation of such facilities from the viewpoint of non-disabled persons or persons who have no understanding of disability most times render such facilities unusable.
The local governments such as the Majlis Bandaraya Petaling Jaya (MBPJ) and Majlis Perbandaran Ampang Jaya (MPAJ) are responsible in ensuring that those standards are adhered to in public buildings and public amenities. Little has been done to by these authorities with regards to that. A cursory survey of the areas under these two authorities provides ample proof of that fact. My letters to the MPAJ President complaining of dangerous and inaccessible walkways never got a reply. This is another proof that problems of disabled people pertaining to accessibility in the built environment are often ignored and forgotten.
Therefore it is with great hope that with the change in political climate, issues faced by disabled people with regards to accessibility will be given more attention. The new state governments and local authorities have the means to resolve this matter if they are serious about it. One of the ways is to mainstream disability - to accept that disability is society’s problems rather than that of a minority of individuals. Disabled people must be involved in all levels of decision making on matters that affect them. I hope the new powers that be seriously take note of this. We have been ignored and marginalised for far too long. The current development has given us some glimmer of optimism. I hope I am right about this.
Tags: accessibility, built-environment, disabled people Malaysia, Malaysia, Malaysia politics, MBPJ, MPAJ
What Now After The General Election?
Sleep. Lots of it. I am totally pooped out. Cross country driving this time was exciting but exhausting as well. I can feel what the speakers for the countless ceramahs felt running from one venue to another to convince voters to give them their votes. I am sure the incoming Members of Parliaments and State Assemblymen are as worn out as me after thirteen days of non-stop day and night campaigning all over the country.
Many will also have to nurse their hoarse voices back to good health. After that, they should get down to serious work entrusted to them by the people. Yang Berhormats, please remember your promises to the people. Work on it. Do that with sincerity. Here is wishing newly elected Yang Berhormats all the best in serving the people and the nation.
For the rest of us, life goes on. The excitement of Malaysia’s largest carnival will soon die off. We will go back to our old dreary routines to earn enough to make ends meet. But lets continue to actively engage our elected Parliamentarians and State Assemblymen on issues that affect our rights and that of the nation. It is through such dialogues that we can build a better Malaysia for everyone.
Tags: Malaysia, Malaysia General Election, Malaysia Parliament, State Assemblymen, Yang Berhormat
Malaysia’s 12th General Election: The People Have Spoken
Hear, hear! The message is loud and clear. Listen and listen well! With both ears please this time. We, the People have spoken. Heed our calls. What we desired as a nation that you did not fulfill, we are now telling you through the ballot. Let this be the forewarning to our representatives in the Parliament and state assemblies that we do not take lightly to our aspirations being cast aside and ignored.
The same warning goes out to the victors of this general election. Always remember that the power lies in the hands of the People, not you the representatives of the People. Whatever power that you have comes from the People. You now have five years to prove your worth and fulfil all that you have promised to do for the benefit of the People. Use this opportunity well and we may reward you with another term.
We, The People of Malaysia, have spoken! Well done. Now, lets bury the hatchet, whatever our political affiliations are. Lets reconcile to continue building our beloved nation, our motherland, according to our aspirations. We have proven that democracy is alive and kicking in Malaysia and that we, the People, hold the power to decide on the destiny of our nation. We have done it today. Hidup Rakyat! Hidup Demokrasi! Hidup Malaysia!
For Jeff Ooi, For Malaysia, For Democracy
So do not worry about tomorrow: tomorrow will take care of itself. Each day has enough trouble of its own.
Matthew 6: 34 (New Jerusalem Bible)
When I woke up the morning after I posted the entry with that quote from the Holy Bible, Wuan said to me, “You better decide if we are going to drive back to Penang to vote.”
I rubbed my eyes, not really believing what I just heard. Without my glasses, she was just a figure standing at the end of the bed. For several days in a row, I have woken up from early morning dreams that were all too realistic to be just dreams. Somehow, I have come to doubt what reality was and if they were just part of another dream.
I had not told Wuan about my wish to go back to vote and she had not yet read what I wrote then. I squinted, trying hard to focus on her. It was not a dream. I was awake, barely, but I was awake. Tomorrow took care of itself all right. Knowing Wuan, that meant she would accompany me to Penang on election day for me to cast my ballot should I decide to do that. I was not prepared for that as I was still unsure of what I would do.
We talked about it after that. If all goes according as planned, Wuan will have to cast her ballot at the polling station here in Pandan Perdana when it opens early in the morning. We will leave for Penang by 9am. It will be a 6-hour road trip with one stop at Tapah for emptying my bladder and another at Ipoh for lunch. I expect to reach Penang by 3pm and arrive at the polling station by 4pm.
I hope my body is up to it – not the road trip to and fro but the exhaustion and effects after that. The consolation now is that the most recent blood tests and ultrasound indicates that the condition of my kidneys have not deteriorated further although swelling was detected in the athrophied left kidney. Nevertheless, I tire very easily nowadays and do not want to push my body too much lest that may cause further damage.
This election will be the first and probably the last that I am voting in Penang. I have contributed nothing meaningfully to this island that I have called home for four decades. Soon, I will be uprooting to a city 400 km away. This is all I can do, hoping, praying, that this little effort will bring about a greater change for the island that will always be close to my heart. There are too many sentimental memories to just turn my back to and walk away from.
This is also for my beloved motherland Malaysia and exercising my responsibility and right as a Malaysian. I have talked much about issues affecting disabled people. I have advocated for improvement in accessibility in public transport and the built environment. I have publicly protested against discriminatory policies imposed on disabled people. I have blogged about how disabled people are still being marginalised in society. Now is the time and opportunity to walk the talk a step further.
If I do not even bother to exercise my democratic right by casting my vote I should not be talking about those issues. If I let slip this opportunity, I have no right to complain about the insufficiencies in the present system that are marginalising disabled people from mainstream society. If I do not care to vote, I deserve whatever government that gets elected. But I care. I have seen with my own eyes things that are not right with our nation. Not enough is being done to provide support to people who really need it while money is being squandered elsewhere. Ministers and politicians more than often make promises that they never intended to fulfill from the beginning.
Things must change and now is the perfect time to make that happen. I am going all the way to Penang from Kuala Lumpur to cast two votes - one for Jeff Ooi for a better Malaysia and the other for a better Penang. I am putting myself and Wuan through this trouble because I believe in Jeff Ooi. I believe he can bring about a refreshing change to the wellbeing of the nation. If he wins the Jelutong parliamentary seat, the trouble that I have to go through to vote for him will be worth the effort a thousand times over. If he does not get voted in, well, he tried, I tried and we all tried. That is democracy.
All eligible voters of the Jelutong parliamentary seat who are residing in other states should go back and vote for Jeff Ooi come polling day on March 8. A little effort can go a long way. He is sticking his head out for the betterment of our nation. It is no easy task and takes a lot of courage, not to mention effort and money, to offer oneself up as a candidate for the election. Jeff Ooi has stepped up to the challenge. The least we can do is to make make our votes count and his effort worth his while. When we vote for Jeff Ooi, we are not only voting for him but voting for a better Malaysia for ourselves and our families.
I have said it before and I am going to say it again now. I am throwing my support behind him neither because he is a fellow blogger nor the fact that he is from the DAP. Jeff has proven beyond reasonable doubt that he dares to speak out without fear or favour on pertinent issues affecting the nation through his blog way before he became a politician. It is that courage that I hope he will bring into the Parliament should he be elected. We need people like him to ensure accountability, transparency and good governance in the administration of our country’s affairs.
Go Jeff! Malaysia needs more courageous people like you.
Tags: General Election Malaysia, Holy Bible, Jeff Ooi, Jelutong, Malaysia, Penang
