The Struggle for Women's Rights in A Review and Appraisal of Women's Activism in the Eighties and Nineties

&y Shanthi Dairiam cipation from oppressive tradition and up in the capital city by agroup called culture. With the banning of all left the Women's Aid Organization Cet articl se penche sur lbrigine dcs wing political groups by the then (WAO).Gradually there was a grow- luttrsdrfimcsmM&fi~&~a-rc British government, Malaysian poli- ing awareness among other women's mrtrnreli.ftoutccquc&sM&i~ncr tics lost both left wing and pder groups as well as individuals that ontaccomplipdntksannCesquatn- perspectives. Today women's organi- women ficed various forms of vio- vingr&quaee-vingcdk. A carucd'une zations in Malaysia range from wings lence which were tacitly condoned by of political parties society and which never surfaced as to government an issue of social concern. In 1985, sponsored groups WAO, the Association ofwomen Iaw- The eighties bar seen the emergence of activirr to non-govern- yen, the Women and Media Pro- groups galvanized into action ar a result of a mental organiza- gram of the Selangor Consumers's tions. Some are kiation, the University Wom- new found comciousness around the issue of welfare or service en's Association, and the Women's . oriented, others Wing of the Malaysian Trade Union have middle class Congress formed a coalition called affiliations and en- the Joint Action Group Against Vio- nouvelk conscientisation sur ka vio- gage in activities that suit their inter- lence Against Women (JAG),and a hcefaitc aux fcmmes, ces dicennies ests, and some are based on profes- campaign on all forms of violence ont vu dcs groupes d'~~~tivfiteshnqm sional interests. against women was launched on pour dinoncm cette violnce. En fait, Since the sixties, women's groups March 15, 1985. l'aukption d'une nouvelk politique have have been responsible for a sub Over the past ten years (1985- ~tionalmakaisienne sur &Sfmmes et stantial level of legal and administra- 1995), this campaign drew in almost son intigation &m & Skihne plan tive reforms on a variety of issues the entire spectrum of women's makahien est hnea$ hrsplusgrandcr pertinent to women. Foremost in groups in the country, and eventually victoires. advocating these reforms has been focused on two forms of violence the National Council of Women's against women: rape and domestic The first mobilization of women in Organizations (NCWO),an umbrella violence. This campaign resulted in Malaysia took place in the interests of organization formed in 1963 with a the reform of laws pertaining to rape the nationalist struggle in the forties current affiliation of 76 women's or- in 1989 and the enactment of a do- (see Ng and Yong; Ng and ganizations. mestic violence bill in 1994. A major Mohamed). The struggle, however, Among the reforms brought about achievement has been the adoption was organized along ethnic lines.1 are equal pay for women in the public of the Malaysian National Policy on Gender was never an issue. Women's sector, entry ofwomen into the civil, Women by the government, and its participation in bringing about diplomatic, and legal service, reforms subsequent integration into the Sixth change in Malaysia has thus to be in income tax and pension laws, the Malaysia Plan. seen in the context of the ethnic implementation of a uniform civil plurality of Malaysian society. To marriage and family code for non- Stratcgits to combat violence this day women's participation in Muslims, and administrative reforms against women politics is restrained because of the pertaining to Muslim Personal Laws. structuralethnic divisions ofthe party The NCWO has also successfully advo- Initially the JAG campaign raised politics system. cated for the appointment ofwomen public consciousness about the com- In pre-independence days, women as jurors and as members on State plex ideological, social, economic, and in the right wing tradition played Islamic Boards and the National Is- institutional arrangements that wn- supportive roles, facilitating the suc- lamic Council. uibuted to the prevalence ofviolence cess of men. There was no question of The eighties has seen the emer- against women. The public work- power sharing. It was in the left wing gence of activist groups galvanized shops ofthe campaign addressed vari- tradition of the anti-colonial struggle into action as a result of a new found ous aspects of male domination such that women began to raise issues of wnxiousness around the issue ofvio- as the value systems that subordinate gender oppression. They mobilized lence against women. In 1982, the women, legal discrimination and in- around issues ofwomen's representa- first shelter to help women with the effectivenessof law to protect women tion, the suffrage, and women's eman- problem of domestic violence was set against violence, female poverty and

104 CANADIAN STUDIESILES CAHIERS DE LA FEMME unemployment, lack of minimum for consideration (Dobash and erned by the Syriah2 in all personal wage legisation, abuse of women in Dobash). The Malaysian women's matters. There was therefore a great the media, the &lure of male domi- campaign against violence should have deal of debate as to whether the civil nated unions to address the sexual carried messages such as "qual rights courts could have jurisdiction to try harassment of women workers, the for womennor "an end to male domi- perpetrators of spousal abwif they lack of support services for victims of nation." These would have contra- were Muslims. The women's groups rape and domesticviolence,etc. (JAG .) dicted the existing ideology of male had carried out some research on One of the strategies used for the dominationand would have presented experiences of other countries in the campaign was extensive media pub- a comprehesive framework of pro- enactment of a domestic violence bill licity. At first, attention was focused posals for change that would have and had concluded that women on all forms ofviolenceand their root competed with the national main- needed to have the option for civil causes as well as the search for holistic stream agendas. By confining our- remedies if they did not wish to in- solutions including the repeal of all selves to the very specific demand for voke the criminal proceedings avail- discriminatory laws (see NCWO). legislative reforms to address the crime able in the bill. The experience in However, as the media started to of rape and by neglecting the issue of other jurisdictions around the world highlight individual acts of rape that domestic violence we lost the oppor- had generally shown that there were were particularly violent, the carn- mnity to critique male dominance. It tremendous social and cultural im- paign began to centre around rape is not difficult to rouse public censure pediments in the way of women if and on promoting legal reform to over rape which is seen as deviant they were to have their husbands pros- punish the rapist. The climax of the behaviour ofindvidiual men, more so ecuted. It was felt that women would media blitz came in 1987 when over when the victims are children. Such a really benefit from the availability of a period of five months five brutal stand does not, however, contradict workable protection orders and easy child murder-rapes occurred. Public the existing social order. Also, the access to the courts for civil remedies attention was riveted by these indi- demand for legislative- reforms to pertaining to compensation, divorce vidual acts of rape against children punish rapists, once achieved, could or separation, obtaining custody of and punishment through the lawwas not lead to other changes. Such short children, and other ancillary claims aggressively promoted. term goals should be part of a larger for maintenance, etc. This was the turning point in the framework for social change. While there was a symbolic value campaign. The media thrives on sen- in having spousal abuse ategorizcd sationalism for profit-making. By The enactment of the domestic as a crime, the conclusion, borne out reducing complex social phenom- violence bill by experience, was that criminalizing enon to the simplicity of individual the act would have to be accompa- events, it drew attention away from Although the campaign for the nied by creative and progressive in- the systemic nature of violence, de- enactment of the domestic violence terpretations of the crime and provi- linking it from its cultural, social, bill was not as publicized, women sions for its implementation. Under and economic contexts. Although the worked very hard to participate with the existing provisions of the penal trauma of indiviual acts of violence the relevant authorities, primarily the code, most instances of spousal abuse cannot be underestimated, it is even more critical that the dynamics of gender based violence be studied for its significance over time and the By confining ourselves to the very pecijic drmand manner in which it is used by men to fir legislative rEfom to dress the crime of rape exert authority and control over and by neglecting the issue of domestic violence we women on aday-to-day basis (Dobash and Dobash). The JAG campaign per- ht the opportunity to critique malr dominance. mitted the media to take over and dictate what the focus would be. A word of caution about working with Attorney General's Chambers and the could not be classified as such. This the media is therefore necessary (see Department of Women's ffiirs, in means that the police could not pros- Dairiam). the drafting of this bill. Understand- ecute the alleged assailant and the Any campaign to bring about so- ably, this bill is much more conten- onus would be on the victim to insti- cial reform must contain messages tious than the reform of laws pertain- tute criminal proceedings. In turn, that are both contradictoryand com- ing to rape and the women's groups this exposes the victim to severe social peting if they are to bring about had to be prepared for a long haul. approbation and very fm women social change. The messages must In Malaysia, it is particularly con- would have the courage to take that contradict the cxisting ideology and tentious because of the plurality of course of action. must compete with other proposals the legal system as Muslims are gov- The draft of the domestic violence

VOLUME 15, NUMBERS 2 h 3 bill hrmulaccd bythewomen'sgroups meetings among the women's groups shops for women in various pans of which the Attorney General's Cham- and all implications werestudiedwith the country to establish the problems berswasworking in consultation with, the help of experts. As the negotia- and needs of women. The findings took all ofthis into considerationand tions progressed, extending to a pe- from these workshops were fbrmu- had provisions for both civil and riod of five years, there was no conti- lated into a memorandum to the gov- criminal proceedings under which, nuity in the membership ofthe wom- ernment outlining a proposal for a for example, protection for victims of en's negotiating team and as a result National Policy on Women. Thepro- spousal abuse could be obtained. no memory of the history of why posal was submitted to the govern- Nevertheless, this proposal took us certain things had been originally ment through the Department of into troubledwaters where the Syriah proposed. The team was unable to Women's Mairs. The Department is concerned and there was a conflict justify its original stand in a rigorous in turn submitted a memorandum to of jurisdiction where the civil nature manner. Secondly, the team was "war the Malaysian cabinet based on wearyn and, as ~cwo'smommendations. The Na- time went by, tional Policy fbr Women was ap- The NCWO advocated the needfor a nationalpolicy failed to regroup proved in December 1989. The gov- on women which would aim to eradicate allfirms after each negoti- ernment, in acknowledging the ating session to Policy, induded a chapter on women of discrimination against women and ensure study the implica- in the Sixth Malaysia Plan (1991- equitablr sharing of resources as well as access to tions of proposed 1995). This chapter, however, has no opportunities and benejts of development. changes before clear guidelines as to how to move aereeineV " to the beyond the rhetoric of the policy changes. statements. In fact, the chapter hangs of the bill was concerned. The final The working group did not main- by itselfwith no linkages to the rest of solution was to make the domestic tain a record of the discussions at each the plan. violence bill a subsidiary bill of the meeting or what the consensus was. Up until early 1993, there was no current penal code. This would avoid As a result there were occasions when attempt to implement the Women's any conflict in jurisdiction as under decisions pertaining to the drafi were Policy. The responsibility for this had the constitution, the penal code is a not adhered to but there was no way been handed over to the Department federal law and therefore completely ofchecking it. The final fadflaw was for Women's Mfiirs and although out of the jurisdiction of the Syriah that the women's negotiating team the NCWO had submitted some ideas courts which are controlled by indi- did not maintain an accountabilityto regarding its implementation, they vidual states in the country. the mass base of women. There was were not accepted as the Department What we have gained by this move no attempt to educate the broad mem- felt it had to come with its own plan. is legislation that categorizes domes- bership on the progress of the nego- Although the government had allo- tic violence as a crime and takes do- tiations with the intention of obtain- cated 20 million n'nggitfor the imple- mestic violence out of the Islamic ing fkh mandates from the mem- mentation of the Policy, there was no religious courts. One of the major beiship when major changes from progress made in this direction and strengths of the act is the provision the original proposals were being none of thes allocated money had for a protection order in which weak- made. The unfortunate result was been spent. nesses of protection orders under the that critical decisions affecting the It was at this time that the author penal code have been rectified. For lives of all women in Malaysia were and another colleague presented a example, the protection order con- being made by a small group without proposal to the Department ofWom- tains provisions for evicting the per- a process of consulation. en's Mairs for a consultancy process petrator from the matrimonial home with relevant government depart- even if he owns ,it, and powers of The National Policy on Women ments which resulted in an action arrest for the police are attached to plan being drawn up by mid-1994. the protection order. In practical As early as 1983, the NCWO advo- The Department for Women's Af- terms, however, women have not cated the need for a comprehensive fairs is currently trying to integrate gained much. Since the procedure is national policy on women which this action plan into the Seventh dictated by the penal code, women would aim to eradicate all forms of Malaysia Plan. will not be able to obtain protection discrimination against women and No one knows at present how much from abuse if they do not set in mo- ensure equitable sharing of resources of the action plan, which was drawn tion criminal proceedings. as well as access to opportunities and up also in consultationwith thewom- At the start of this process in 1989, benefits of development. But advo- en's groups, is being integrated into women were quite dear about the cacy around this demand did not the Seventh Malaysian Plan. There implications of various ways of for- really take off until 1987. In that does not seem to be anyaccountabil- mulating the bill. There were several year, NCWO conducted nine work- ity back to the women's groups. The

106 CANADIAN WOMAN STUDIESILES CAHIERS DE LA FEMME Department for Women's AfTairs ~~erationalizethe Policy. But the Where the ptobluns lie does not keep them informed of the N~Oto whom that request was ad- process and the developments taking dressed was unable to respond. In my At one level, the achievements of place in this regard, nor do the wom- opinion they were intimidated by the the women in Malaysia over the past en's groups take the trouble to track idea of analyzing the governmnent's decade or so has been considerable. these developments and make any development ~lanswith regard to The consciousness raised around the demands for accountability. their impact on women and making issue of violence against women Once a policy or law is in place a suggestions that would render the ~~urredthefomulationofnewgroups sort of complacence sets in among plans more gender sensitive. It was a who consider themselves as autono- everyone including the women, and question of both a lack of skills and a mous and as functioning on feminist the barriers arc harder to break after lack of human resources.3 Since the principles. WAO, the All Women's that. The ~cwowhich played such a Department of Women's Main did Action Society (AWM),the Women's critical role in the formula- Crisis Centre, Penang, the tion of the Women's Policy Sabah Women's Action Re- has been unable to force ac- source Group (UWO), the countability from the rel- Women for Women Society evant government divisions in Sarawak along with the with regard to the imple- NCWO worked very hard to mentation of the Policy. bring about the legal and Policy makers such as Min- policy reforms described car- isters at the cabinet level have lier. The N~Ohas also suc- been more accessible to cessfullyadvocated hradmin- women, but we have not istrative reforms in hospital been able to influence the and police procedures dealing implementors. J with rape. Current procedures Again, there has been no are more sensitive to the needs hrther attempt to educate of rape survivors and police Malaysian women on the investigative procedures have significanceofthe Policy and been sharpened. its contents. Many women Reprinted with permission of IWTC. However, by restricting the do not even know that a Mists Anne S. Walker and Grace Jung solution to legislative and in- Women's Policy is in place. stitutional reform, there was Attempts should have been made to not have any ideas either, the chapter no further inspiration, once these re- raise women's awareness of the rights on women in the Sixth Malaysian forms were in place. If the campaign that the Policy guarantees and to Plan was written by economists in the had been able to maintain its focuson provide them with skills necessary to Economic Planning Unit . addressing the complexities of male make demands on the government AfTecting policy change has been dominance as manifested in violence on the basis of an approved policy. relatively easy, working with bureau- against women, then legal reforms This would have kept the issue alive crats is something else. We have to would have been only part of the and visible and any democratic gov- raise (initiate) awareness of the bu- answer and there would have been ernment that needs the vote of its reaucrats at all levels through gender room for a myriad other demands. As people would hesitate to ignore these sensitization training. This training matters stood, the campaign almost demands. has to occur at different levels de- ceasedonce the reforms were in place. We have not been able to translate pending on the persons concerned. There wasn't even an attempt to policy statements into concrete short With some all that would be required monitor the implementation of the term actions that will effectively ad- is awareness raising. With others, we new laws or to Less the needs and dress our problems as women in the would have to develop skills in gen- problems of rape survivors or victims context of current national develop- der sensitive programming. We also of spousal abuse in utilizing the law. ment plans. It is easy to agonize about have to learn how to make sense ofthe There has been a tendency to seek inequalityand gender discrimination, irrationalities of bureaucratic proce- separate remedies for rape and do- but not that simple to formulate so- dures and to form allies at all levels mestic violence. What might have lutions to the problem ofdiscrimina- who will help us find our way through been more effective would have been tion. After the Women's Policy was the bureaucratic mire. At the same to identifj. the common threads in adopted in 1989, the Economic Plan- time we have to learn to keep a certain the various forms of violence against ning Unit responsible for preparing distance from the government so that women and to have addressed them the Sixth Malaysian Plan asked for we are not immobilized because we cohesively and comprehensively. input from the women's groups to do not wish to offend our "allies." It is more difficult to mobilize

VOLUME 15, NUMBERS 2 & 3 107 community resources for support for A fiuther weakness is that we have politicize our issues taking into con- rape survivors than it is for victims hiled to build ourselves up in organi- sideration the constraints of our po- of spousal abuse. While support serv- zational terms. That is why we have litical context. We have to learn how ices for battered women such as shel- have not developed the management to create political space and how to ters were established in the eighties, capacity and the sophistication needed use existing space for lobbying to our there have been no support services for sustained activism and the fulfil- advantage and to link up with larger set up for rape survivors. The envi- ment oflong term goals. The fact that movements for social change. For ronment is definitely more hostile to we were unable to move on the this we have to understand what rape survivors who are seen as some- operationalization of the National moves the state at a given period in how having invited the assault Policy on Women to date testifies to time, what other pressure groups are through their "loose behaviour." As this weakness. making demands, where women fig- a result, while there are effective laws ure in the political equation, and pertaining to rape, the lack of sup- Some thoughts for the futw what we should be doing to give port services prohibit women from ourselves more political dout. The benefiting from these reforms. In the The mobilization of women in state is always seeking to legitimize context ofa hostile environment, rape Malaysia has several implications. and preserve itself. In order to do this survivors cannot openly acknowledge Religious revivalism in the country it has to maintain internal order and their victimization. Through their has hrther contributed to ethnic compete with other states in the in- own action and inaction, women's polarization. If women's activism is ternational socio-economic and po- groups have contributed to this con- to gain legitimacy, the mobilization litical order. Tosustain itselfthe state tradiction. has to take place across ethnic and tries to control political processes, In order to de-legitimize the use of dw boundaries. This is no mean expand state institutions, and pro- violence against women, we have to task given the political and socio- mote a defined socio-cultural prefer- move beyond the stage of punishing economic situation in Malaysia. Is- ence (Charlton). In carryingout these individual perpetrators and to shift sues that provide common grounds functions the state can become re- responsibility for containing the vio- on the basis of gender need to be pressive, redistributive, or selectively lence away from the victim to the identified to unite the women of all supportive ofdemands made by vari- community and to the social institu- ethnic groups. ous elements such as capitalism, la- tions that bring about change. Multi- The link between patriarchal con- bour, women, private patriarchy, or pronged solutions have to be sought cerns and other forces such as the free religious and communal forces. at the level of the family, the commu- and liberal market needs to be under- Women in Malaysia have to ac- nity, and the state and its agents (see stood and addressed. Malaysia aims quire the sophistication to analyze Schuler). to be fully industrialized by the year the interlocking interests of the state, Sustained activism is the key to 2020. Some critical features of capitalism, and religious and com- bring about change and for this wom- Malsysia's development strategiesare munal groups to understand the com- en's groups need to formulate short industrial restructuring, technologi- plexity of the forces that could mili- and long term strategies to address cal upgrading, an intensification of tate against them. We have to move the subordination of women. We the role of science and technology in from advocacy to the mobilization of need to recognize subordination in development, enhanced human re- women and the development ofwom- all its forms and manifestations. My source development, increased labour en's constituencies. experience within WAO and NCWo productivity, and a greater role for shows that the members see them- the private sector as engines ofgrowth selves as a separate category from and in human resource development. abused or battered women. They do In Malaysia, as in any other develop- Since the sixties, considerable legal not work on the premise that all ing country, women have been facing and administrative reforms to bring women are oppressed, but experience the tensions brought on by a tug-of- about equality and justice for women that oppression differently. Violence war between being profitably used by have been effected through the activ- is seen as the problem of the indi- capitalism and, at the same time, ism of women Malaysia. Such re- vidual woman and solutions are being subject to cultural interpreta- forms have to be seen as short term sought at the individual level. The tions of what should be the "correct goals which should be accompanied more complex problem of the subor- women's role in society." Existing by long term strategies for addressing dination of women is not addressed gender hierarchies and inequalities male dominance and privilege and as it is not recognized. This is espe- have been incorporated into the la- female subordination at all levels. cially true in Malaysia where afflu- bour process, thus serving the inter- Strategies and mechanisms should ence may mask gender inequality ests of capitalism and its agenda of also be in place to monitor the effcc- which is manifested on a day to day profit maximization (Ng and Yong). tiveness of the implementation of basis in personal relationships. As women we have to learn how to such reforms.

CANADIAN WOMAN STUDIESILES CAHIERS DE LA FEMME Any legislative reform has its ad- moting rights fir women through Law organized by the Dutch Foreign vantage even if the substance of it and policy. Ministry, UNIFEM, and the North does not seem to be relevant to all South Institute, Canada. The women. The legal dimenson of gen- l~alaysiais a multi-ethnic country, Hague, June 1993. der subordination should not be un- the predominant indigenous group Dobash, Emerson R. and Russell derestimated, as the law has been a being the Malay Muslims who form Dobash. "Research as Social Ac- mechanism through which male about 55 per cent of the population. tion: The Struggle for Battered privilege and women's inferior status The other major ethnic groups are Women." Yllo, Kersti, Bogard and has been institutionalizedhistorically. the Chinese and the Indians who Michele, eds. Feminist Prrspectivcs Positive laws and policies do play a fbrm around 28 per cent and nine per on W5fC Abut. Sage Publications, vital role in securing for women the cent of the population respectively. 1988. prerequisite for gaining power and 2K~yriah"is the common Southeast Joint Action Group Against Violence the space to fight for their rights. Asian spelling of "." Against Women (JAG). Proceedings The existence of positive laws and 31 was closely involved with the NCWO of a Workshop-cum-Ejchibition on policies alone, however, are not during the formulation of the Na- Violence Against Women. Kuala enough as there are other larger tional Women's Policy and helped Lumpur, 23-24 March 1985. discriminations that prevent wom- run the workshops at which needs Kumar, Radha. "Contempomy In- en's access to rights. It is apolitical act were identified and on which the dian ." Feminist Review when a woman makes an assertion of substance of the Policy was based. I 33 (Autumn 1989). her rights and there are many oppres- was also associated with them when Ng, Cccilia and Maznah Mohamed. sive mechanisms that militate against the Economic Planning Unit made a Women? Movnnentz in Mahpia: this such as kinship dependency, eco- request for more concrete input and Emansipation or Liberation. Ma- nomic and material constraints, in- was witness to the inability of the laysia Social Science Association, sensitivity of the legal structures,and NCWO at that time to give such in- 1990. communal resistance. Women, there- put. Ng, Cecilia and Carol Yong. fore, cannot fight for their rights as Makzysian Women at the Cross individuals. Group formation and Road. Report no. 17: 1990. the mobilization of women on self NCWO. Rrport of Workshop on Legal identified commonalties is critical. Charlton et. al. Women, theStatr, and Aspects Pertaining to the Statw of The mobilization of women and Development. New York: State Women. , 29-30 June the formationofconstituencies across University of New York Press, 1985. ethnic and class boundaries in Ma- 1989. Schuler Margaret, "Violence Agvnst laysia is also critical to draw account- Dairiam, S. "Case Study on Malay- Women: An International Perspec- ability from the state and its agencies. sia." Paper presented at the Inter- tive," Schuler M., ed. Freedomjhm But this has to be done with a sophis- national Conference Calling for Viohcr. Womeni Strategies jhm ticated understanding ofstate society Change: InternationalStrategies to Around the World. New York: relationships. The issues for mobili- End Violence Against Women, UNIFEM: 1992. zation have to bridge both gender issues and the broader interests of socio-economic development. Finally the mobilization ofwomen is essen- tial to sustain the efforts of the wom- en's movement and to preserve its integrity.

Shanthi Dairiam is the Director of the International Womeni Rights Action- Watch- Pacif;~,a regional non- government network which engage$ in coUaborativc programs with women i groups in the Asia-Paqc to strengthen the imphentation of the UN Conven- tion on the Elimination ofaUFonnr of Discrimination Against Women. Dr. Dairiam lives in Kuala Lumpur and haz been an active participant in the women i movement in Malaysia pro- Reprinted with Permission of the IWTC. Mst: Grace Jung

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