Tan Sri Abdul Gani Patail Attorney General of Malaysia No 45, Persiaran Perdana Presint 4, 62100 Putrajaya [email protected]

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Tan Sri Abdul Gani Patail Attorney General of Malaysia No 45, Persiaran Perdana Presint 4, 62100 Putrajaya Ag@Agc.Gov.My

Tan Sri Abdul Gani Patail Attorney General of Malaysia No 45, Persiaran Perdana Presint 4, 62100 Putrajaya [email protected] 6 January 2015 Dear YBhg Tan Sri Abdul Gani Patail, RE: Withdrawing the Appeal Against the Damages Assessment Award to Noorfadilla binti Ahmad Saikin The Joint Action Group For Gender Equality (JAG) once again commends the Attorney General’s Chambers for withdrawing the Government's appeal at the Court of Appeal in the case of Chayed bin Basirun & Ors v Noorfadilla bt Ahmad Saikin. In 2008, Noorfadilla applied for the temporary teaching position in a government school. She accepted the job offer in 2009; however when the Ministry of Education Officer learnt of her pregnancy, Noorfadilla’s placement memo was withdrawn. Subsequently, Noorfadilla filed an application in court to declare that the revocation of her employment owing to her pregnancy was unlawful, discriminatory and unconstitutional as it contravenes Article 8(2) of the Federal Constitution. The Shah Alam High Court ruled in 2011 that the government had discriminated against Noorfadilla, with Judge Dato’ Zaleha binti Yusof’s judgment stating that the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) “has the force of law and binding on member states, including Malaysia.” On 10 November 2014, the Shah Alam High Court ordered the government to pay Noorfadilla RM300,000 in damages for breach of her constitutional right to gender equality, RM25,000 for pain and suffering, interest at the rate of 8% per annum from May 7, 2010, and RM5,000 in costs. JAG urges Tan Sri to reconsider the appeal made against the damages assessment award to Noorfadilla. Upholding the judgment held by the High Court will highlight the progress made in Malaysia on the advancement of women’s rights, which can act as a positive example for other countries. We believe CEDAW should set the standard of gender equality in Malaysia. Not pursuing the appeal would demonstrate Malaysia’s commitment to CEDAW principles. Therefore, we hope that Tan Sri will review this decision to show Malaysia’s strong intention to make positive and substantive change in the status of women’s human rights in our country. Thank you for Tan Sri’s effort on this very important matter. Yours sincerely, Sumitra Visvanathan Executive Director, Women’s Aid Organisation (WAO) On behalf of the Joint Action Group for Gender Equality (JAG) Women’s Aid Organisation (WAO) Perak Women for Women Society (PWW) Sisters in Islam (SIS) Persatuan Sahabat Wanita Selangor (PSWS) Persatuan Kesedaran Komuniti Selangor (EMPOWER) Women’s Centre for Change (WCC) Sabah Women’s Action-Resource Group (SAWO) All Women’s Action Society (AWAM) Association of Women Lawyers (AWL) Tenaganita .

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