JAG Press Statements in 2012 1) 12
Total Page:16
File Type:pdf, Size:1020Kb
JAG Press Statements in 2012 1) 12-year Jail Sentence Not the Way to Address the Issue of Unwanted Babies [Feb 5] 2) Right of Pregnant Women to Work [Feb 7] 3) Anti-Ambiga posters [Feb 24] 4) Lynas – a ticking time bomb? [March 6] 5) Guppy: Women must be able to retire at the same age as men [March 23] 6) On Najib’s role as Women’s Minister [April 10] 7) Kedah’s New Fatwa Ruling Equates Man’s Word to God [April 19] 8) Malaysia’s questionable process of law reform [May 14] 9) Gender stereotyping of women: Stop controlling women’s appearance and behaviour [June 29] 10) On attacks against Ambiga [June 29] 11) Joint Action Group for Gender Equality (JAG) urges Judiciary to Clarify the Noor Afizal Azizan judgement [August 10] 12) Consider needs and perspectives of our young [August 30] 13) Not a routine investigation (SUARAM) [September 24] 14) On PM’s ‘no need for women’s groups’ [October 2] 15) More consultation in rape laws [October 18] 12-year Jail Sentence Not the Way to Address the Issue of Unwanted Babies 5 February 2012 The Joint Action Group for Gender Equality (JAG) is appalled at the 12-year jail sentence meted out to the teenager found guilty of throwing her baby out of a second floor window. The issue of unwanted pregnancies and babies is a serious one in Malaysia, and we believe that there is an urgent need to deter and prevent such incidents from recurring. Nevertheless, the sentence is too harsh as the teen was a minor at the time of the offence. It does not take into account the different factors that may have affected her actions then, including post-partum depression. We support the position of the Social Welfare Department that instead the court imposes a good behaviour bond. The teen requires emotional support and counseling to help her understand the gravity of her actions. The fact that she was unrepresented in court is also a grave concern and raises questions about our justice system. By right, the courts should facilitate the right to counsel even it means that the government has to pay for legal expenses so as to ensure a fair trial for all. We are not convinced either, that decisions like that handed down by Sessions Court judge Maziah Joary Mohd Tajudin in this case, will help address the matter of unwanted pregnancies and babies in the long run. JAG reiterates our position that a systematic and non-punitive approach, including the provision of sex education in schools, will yield a more positive outcome in this regard. We call upon the Federal government to revisit this court decision immediately. Released by the Joint Action Group for Gender Equality (JAG) All Women’s Action Society (AWAM) Perak Women for Women Society (PWWS) Persatuan Kesedaran Komuniti Selangor (EMPOWER) Persatuan Sahabat Wanita Selangor (PSWS) Sabah Women’s Action Resource Group (SAWO) Sisters in Islam (SIS) Women’s Aid Organisation (WAO) Women’s Centre for Change (WCC) Withdraw The Fight Against The Right of Pregnant Women to Work 7 February 2012 In July 2011, the Shah Alam High Court ruled that the act of revoking a woman’s employment offer as a temporary teacher due to her pregnancy was unconstitutional and breached Malaysia’s obligation as a state party to the United Nations’ Convention on the Elimination of all Forms of Discrimination against Women (CEDAW). In her judgment, Justice Zaleha Yusuf affirms that it is the Court’s role “to promote the observance of human rights in this country”. She also states that “CEDAW is not a mere declaration. It is a convention. Hence…it has the force of law and [is] binding on members states, including Malaysia.” Therefore, “the Court has no choice but to refer to CEDAW in clarifying the term ‘equality’ and gender discrimination under Article 8 (2) of the Federal Constitution.” The landmark ruling is significant as it serves to prohibit dismissals on the grounds of pregnancy. In her judgment, Justice Zaleha Yusuf systematically refutes the arguments which had been put forward by the Attorney-General’s Chambers in defence of the revoking of the job offer, finding that they lack merit. The Joint Action Group for Gender Equality (JAG) is therefore appalled to learn that the Attorney-General’s Chambers is appealing against this progressive ruling. JAG is deeply concerned that this decision to appeal shows a blatant disregard for: i) The principles of equality and the prohibition of gender-based discrimination in the Federal Constitution, ii) Malaysia’s obligations under CEDAW, and iii) Malaysia’s re-election to the UN Human Rights Council. It is significant to note that upon its re-election to the UN Human Rights Council, the Government had made the following statement: “It signifies the international community’s recognition and appreciation of Malaysia’s commitment to respecting and upholding the inalienable and indivisible nature of all human rights at the international and domestic levels”. The government’s appeal against this ruling reflects extremely poorly on its sincerity in upholding its commitments. It serves no purpose to proudly claim to uphold the rights of women in the international arena but to maintain a regressive stand in the country. The decision to appeal blatantly contravenes our obligation under CEDAW, which states in article 11(2)(a) that State parties shall take appropriate measures to prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave. The full participation of women in the labour force is integral in any economy. The Government has made numerous statements and commitments about encouraging and recognising the importance of including women in the workforce. The Attorney-General’s announcement to appeal this decision taints all other government initiatives relating to women in the workforce. The government of the day should rightly lead the way in acknowledging the contributions of women in the workforce, be they pregnant or not. The Government ought to discard unconstitutional policies and abolish all forms of dismissal or sanction on the basis of pregnancy or maternity leave. JAG reiterates our statement from June 2011, that “the government and society must acknowledge maternity as a vital social function and accept that a woman’s human rights must not be denied if she chooses to have a child. JAG calls on the Malaysian government and society to recognise that they are duty bound to accommodate pregnant women and not to dismiss employees or prospective employees on the basis of pregnancy.” The Joint Action Group for Gender Equality (JAG) comprises: Women’s Centre for Change, (WCC) Penang All Women’s Action Society (AWAM) Persatuan Kesedaran Komuniti Selangor (EMPOWER) Women’s Aid Organisation (WAO) Perak Women for Women Society (PWW) Sabah Women’s Action Resource Group (SAWO) Sisters in Islam (SIS) Press Release from the Joint Action Group for Gender Equality 24 February 2012 The Joint Action Group for Gender Equality (JAG) condemns the posters depicting Ambiga Sreenevasan and A. Samad Said that have recently been displayed in parts of Selangor and Kuala Lumpur. The posters, which display the words “Undi Ambiga, Undi Seks Bebas”, are part of a desperate attempt to undermine the integrity of Ambiga, who is a Malaysian of exemplary character and a role model to many. Ambiga is a human rights defender who has achieved much in her career. She is a pioneer member of Women’s Aid Organisation and past President of the Malaysian Bar Council. She has continually demonstrated an unwavering commitment to social justice. As a leader with a strong social conscience, Ambiga is to be commended for her tireless work for the betterment of our country. The posters insult the intelligence of Malaysians, who can see that they are a crude attempt to discredit BERSIH 2.0, the civil society movement led by Ambiga and Pak Samad that calls for clean and fair elections and demands an end to government corruption and dirty politics. The intent of the posters is to link Ambiga with the Seksualiti Merdeka festival, itself the focus of a smear campaign and wrongly accused of promoting “seks bebas”. Seksualiti Merdeka is an annual festival that provides a safe space for people of all sexual orientations and gender identities to come together to share knowledge about human rights. We should be clear: Ambiga was never involved in the organising of Seksualiti Merdeka, but was invited by the organisers to launch the festival. To employ terms that identify diverse sexual orientations and gender identities as an insult perpetuates a culture of stigmatisation, persecution and hatred. Such action should not be tolerated. JAG condemns the continued vilification of people who are lesbian, gay, bisexual or transgender in Malaysia. JAG is appalled by the campaign to tarnish the character of Ambiga and other human rights defenders. We are shocked that fellow Malaysians can treat human rights defenders so poorly. Released by the Joint Action Group for Gender Equality, which comprises: Women’s Aid Organisation (WAO) Persatuan Kesedaran Komuniti Selangor (EMPOWER) Perak Women for Women Society (PWWS) Women’s Centre for Change, Penang (WCC) Persatuan Sahabat Wanita Selangor (PSWS) Sisters in Islam (SIS) All Women's Action Society (AWAM) Sabah Women’s Action Resource Group (SAWO) Lynas – a ticking time bomb? 6 March 2012 The Joint Action Group for Gender Equality (JAG) gives our support for the Himpunan Hijau 2.0 protest of February 26. We join thousands of our fellow Malaysians in calling for an immediate cancellation of the proposed Lynas rare earth plant. We understand that this plant would involve the production and handling of radioactive waste materials that are highly toxic and not easily disposed of.