MALAYSIA-SOGI-TBs-CEDAW

Concluding Observations on Report 6 (2024) (Link)

Constitutional and legislative framework and definition of equality and non-discrimination

12. The Committee remains concerned about the absence of anti-discrimination legislation explicitly prohibiting discrimination against women by State and non-State actors, covering intersecting forms of discrimination, including against lesbian, bisexual, transgender and intersex women, and a comprehensive definition of discrimination against women covering direct and indirect discrimination in both the public and private spheres. The Committee also notes with concern the long delays in the consultative process with civil society organizations, in particular women’s rights organizations, concerning the Anti-discrimination Against Women Bill (formerly the Gender Equality Bill), which has been pending since 2019.

13. The Committee recommends that the State party:

(a) Accelerate the adoption of the Anti-discrimination Against Women Bill and ensure that it includes a comprehensive definition of discrimination against women covering direct and indirect discrimination in the public and private spheres, as well as intersecting forms of discrimination, in accordance with articles 1 and 2 of the Convention, the Committee’s general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention and target 5.1 of the Sustainable Development Goals, to end all forms of discrimination against all women and girls everywhere;

(b) Expedite the consultative process with women’s rights organizations on the Anti-discrimination against Women Bill and ensure the systematic and meaningful representation of women’s organizations, including those representing women with disabilities, Indigenous women and other disadvantaged groups of women, in the formulation, adoption and implementation of draft laws and policies on gender equality;

(c) Establish a system for the collection of data on discrimination against women, disaggregated by age, nationality, ethnicity, geography, disability, socioeconomic and lesbian, bisexual, transgender and intersex status, to inform the formulation of anti-discrimination legislation and policies.

 

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Temporary special measures

20. The Committee notes that the State party has adopted temporary special measures in the areas of education and health care. However, it notes with concern the lack of progress resulting from the temporary special measures addressing women’s underrepresentation in other areas, such as political and public life and employment.

21. In line with article 4 (1) of the Convention and the Committee’s general recommendation No. 25 (2004) on temporary special measures, the Committee recommends that the State party:

(a) Adopt temporary special measures and establish time-bound targets, monitoring and evaluation mechanisms, to accelerate the achievement of substantive equality of women and men in all areas covered by the Convention where women, including rural women, Indigenous women, women with disabilities and lesbian, bisexual, transgender and intersex women, are underrepresented or disadvantaged, including in political and public life and employment;

(b) Systematically collect data on the impact of temporary special measures and include such data in its next periodic report.

 

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Gender stereotypes

22. The Committee is concerned at:

…(g) The delegitimizing and dehumanizing stereotypes against lesbian, bisexual, transgender and intersex women.

23. The Committee recommends that the State party:

…(e) Develop and implement a comprehensive strategy to eliminate stereotypes concerning lesbian, bisexual, transgender and intersex women, including by addressing discriminatory narratives targeting lesbian, bisexual, transgender and intersex women and imposing fines for homophobic speech and raising awareness about the equal rights of lesbian, bisexual, transgender and intersex women.

 

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Gender-based violence against women

26. The Committee welcomes the amendments to the Domestic Violence Act 1994 and the Penal Code (2023). It also notes the adoption of the Anti-Sexual Harassment Act 2022, the law on anti-stalking through the amendments to the Criminal Procedure Code (2023) and the issuance of the Guidelines for Conducting Domestic Violence Cases to address gender-based violence against women and girls. It further notes with appreciation the efforts made to simplify applications for a protection order, and expand the number of shelters and crisis centres for victims of domestic violence, including in rural areas. However, the Committee notes with concern:

…(e) Discriminatory laws against lesbian, bisexual, transgender and intersex women that expose them to violence in the public and private spheres.

27. Recalling its general recommendation No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19, and in line with the State party’s Human Rights 75 pledge to promote human rights literacy to eliminate violence against women, the Committee recommends that the State party:

…(e) Amend laws that discriminate against and criminalize lesbian, bisexual, transgender and intersex women and put in place protection measures to ensure the dignity and physical integrity of lesbian, bisexual, transgender and intersex women and girls.

 

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Equal participation in political and public life

32. The Committee notes with concern that, while recent trends indicate an increase in the representation of women in political life, such progress has been slow and from a low baseline. In particular, the Committee is concerned about women’s low representation in the Parliament (13.5 per cent) and the Senate (18 per cent) and underrepresentation in decision-making positions in political and public life, including in the cabinet, local government, the judiciary and the diplomatic service, including as regards Indigenous women, women with disabilities and lesbian, bisexual, transgender and intersex women.

33. The Committee, recalling its previous recommendation (CEDAW/C/MYS/ CO/3-5, para. 30) and its general recommendations No. 23 (1997) on women in political and public life and No. 25 (2004) on temporary special measures, recommends that the State party:

(a) Take targeted measures, including temporary special measures, such as quotas, to reach parity between women and men and increase the representation of Indigenous women, women with disabilities, lesbian, bisexual, transgender and intersex women in decision-making positions in political and public life;…

 

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Employment

38. The Committee notes with appreciation that the Employment (Amendment) Act 2022 provides for increased maternity and paternity leave, flexible working arrangements, a complaints mechanism for sexual harassment in the workplace, restrictions on the termination of employment of pregnant employees and a ban on forced labour. It also welcomes the measures taken by the State party to increase women’s representation in decision-making positions in the private sector. The Committee nevertheless notes with concern that:

(a) The State party interprets article 11 of the Convention as “a reference to the prohibition of discrimination on the basis of equality between men and women only”, thereby excluding intersecting forms of discrimination against women;…

…(g) Lesbian, bisexual, transgender and intersex women face discrimination in the workplace, including sexism and homophobia;…

39. The Committee recommends the State party:

(a) Withdraw its interpretative declaration concerning article 11 of the Convention, address intersecting forms of discrimination against women, facilitate access to formal employment by women with disabilities; Indigenous women; lesbian, bisexual, transgender and intersex women; and refugee women, as well as non-national women married to a Malaysian spouse;…

 

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Health

40. The Committee notes women’s increased life expectancy, the significant reduction in maternal mortality and the continued expansion of public health-care services to citizens, including women and girls, through mobile health units, and the efforts of the State party to expand cervical cancer screening for women. However, the Committee notes with concern:

…(c) Discriminatory narratives by the Department of Islamic Development that lesbian, bisexual, transgender and intersex women can be “changed” and the promotion of “conversion” and “rehabilitation” programmes.

41. Recalling its previous recommendation (CEDAW/C/MYS/CO/3-5, para. 40) and in line with its general recommendation No. 24 (1999) on women and health and target 3.7 of the Sustainable Development Goals, the Committee recommends that the State party:

…(e) Immediately discontinue all policies and programmes aimed at “correcting” or “rehabilitating” lesbian, bisexual, transgender and intersex women.

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Concluding Observations on Report 3-5 (2018) (Link)

Education

35. The Committee commends the State party for the progress made in ensuring access to education for girls and women, as reflected in the high levels of literacy and educational attainment. However, it notes that women still remain underrepresented in traditionally male-dominated fields of study at the tertiary level, such as engineering, mathematics and physics. The Committee also notes with concern the significant difference in the percentage of men and women holding leadership positions in higher educational institutions. It further expresses concern that sex education in public schools is influenced by religious morals and focused on abstinence rather than following a human rights-based approach. The Committee also regrets the lack of information provided by the State party concerning the educational attainment of girls who have married before the age of 18 and the percentage of girls who have continued to pursue an education during and after pregnancy. The Committee further regrets the bullying of students, including lesbian, bisexual, transgender and intersex students, and the lack of information on the policy of sending bullies to training programmes in military institutions as a corrective measure and on the impact of such a policy on the right to education of girls.

36. Recalling its general recommendation No. 36 (2017) on the right of girls and women to education, the Committee recommends that the State party:

(a) Take measures to encourage girls to choose non-traditional fields of study and career paths such as engineering, mathematics and physics, and to eliminate traditional stereotypes and structural barriers that may deter girls’ enrolment in such fields;

(b) Identify the underlying causes of the underrepresentation of women in leadership positions in higher educational institutions and use temporary special measures and other specific measures to address the disparity;

(c) Introduce comprehensive age-appropriate and human rights-based sexuality education as part of the school curricula, which includes information on sexual and reproductive health and responsible sexual behaviour and the importance of concepts such as consent and gender-based violence;

(d) Collect and publish data on the educational attainment of girls who have married before the age of 18 and the number and percentage of girls who have continued to pursue an education during and after pregnancy, and include such information in its next periodic report;

(e) Adopt anti-bullying policies based on alternative strategies, such as counselling services and positive discipline, and undertake awareness-raising measures to foster equal rights for lesbian, bisexual, transgender and intersex students.

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Lesbian, bisexual and transgender women and intersex persons

47. The Committee is concerned at reports of harassment of, and discrimination and attacks against lesbian, bisexual and transgender women and intersex persons by State authorities, including the police, members of religious institutions and private citizens. It notes with concern that their situation is exacerbated by the discriminatory laws and policies of the State party.

48. The Committee recommends that the State party undertake awareness- raising measures to eliminate discrimination and negative stereotypes against lesbian, bisexual and transgender women and intersex persons. In particular, it recommends that the State party:

(a) Amend all laws that discriminate against lesbian, bisexual and transgender women and intersex persons, including the provisions of the Penal Code and Syariah laws that criminalize same-sex relations between women and cross-dressing;

(b) Apply a policy of zero tolerance with regard to discrimination and violence against lesbian, bisexual and transgender women and intersex persons, including by prosecuting and adequately punishing perpetrators;

(c) Expedite measures to discontinue all policies and activities aimed at “correcting” or “rehabilitating” lesbian, bisexual and transgender women and intersex persons.

Women human rights defenders

49. The Committee is concerned about reports that women human rights defenders, in particular those advocating for the rights of Muslim women, the rights of lesbian, bisexual and transgender women and intersex persons and democratic reforms, have been subjected to arbitrary arrest, harassment and intimidation by State authorities and members of religious institutions, including through the adoption of fatwas against women’s organizations working on the above-mentioned issues.

50. The Committee recommends that the State party ensure that women human rights defenders can freely undertake their important work without fear or threat of arbitrary arrest, harassment or intimidation, including the issuance of fatwas by religious institutions, by fully guaranteeing their rights to freedom of expression, assembly and association. It also recommends that the State party provide capacity-building on women’s rights and gender equality to law enforcement officials, members of the judiciary and members of religious institutions.

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Concluding Observations on Report 1-2 (2006) (Link)

[no mention]

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