Contemporary Matters Affecting Muslims Today

A Sisters in Islam Bulletin

NO.9 / NOV 2020 Political Uncertainty and a Pandemic

Empowering Voices For Change SIS FORUM (MALAYSIA) (266561 W) MUSLIM WOMEN SPEAK BARAZA! NO. 9

2 A SISTERS IN ISLAM BULLETIN

Contents ACKNOWLEDGEMENTS Sisters in Islam (SIS) would like to thank: Nadia Mohd Rasidi and Jacqueline Ann Surin for Editorial Employment Act contributing their articles; and SIS 2 9 staff for their assistance.

BARAZA! is a resource primarily From Pakatan Covid-19, Labour, for activists; policy makers; Harapan to Perikatan and the Economy academics and students of law, Islamic and gender studies; and SIS Nasional: What 10 funders and supporters. Does This Mean for Women in Malaysia? Malaysian Youth It provides: * a focus on contemporary matters 4 and Covid-19 affecting Muslims today, especially 12 women’s rights in Islam Women, Leadership * resources for reference and Decision-Making Parlimen Digital 5 13 FOLLOW US ON Twitter: @sistersinislam Instagram: @sistersinislam.my Malaysia’s First Other Issues Facebook: @OFFICIALSIS Woman Chief and Debates YouTube: @sistersinislamMYS Justice 14

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ISSN 1823-5263 3 BARAZA! NO. 9

EDITOR'S INTRODUCTION

POLITICAL UNCERTAINTY AND A PANDEMIC alaysia currently faces the twin chal ven before the pandemic was declared, the nation Ewas already in crisis. In late February 2020, political machinations within two (PH) parties led to the fall of the democratically-elected government, after less than two years in power.

The new backdoor government of DROP IN REPRESENTATION Additionally, it was under the PH (PN), led by government that a significant number , paved the return to of women were appointed to top judicial power of UMNO (United Malays National he pandemic has been Organisation) whose former president unfortunate for Malaysia’s positions. A woman was appointed for and Malaysia’s former Prime Minister Tdemocracy. The dramatic the first time as Chief Justice of Malaysia. has been found guilty of change in government has also Another was appointed as the Court of all charges in a 1MDB-linked graft case. had a terrible impact on the rights, Appeal president, the judiciary’s second Several other party leaders, including its inclusion, and protection of women highest position. Three women appellate current president, , and girls. judges were also elevated to the Federal continue to face corruption charges. Court. Additionally, the coup led to PAS, with To be clear, it wasn’t like the PH its aims for an Islamic theocracy, being government fulfilled its election Once PN swept into power, these gains included in the federal government. manifesto of having at least 30 per cent – except in the judiciary – were quickly women in policymaking positions after undone. Under PN’s enlarged cabinet, Citizen groups protested in pockets. it came to power in May 2018. However, women only comprise 13 per cent of the However, most were soon it did increase the number of women current cabinet compared to 18 per cent more focused on having a government in the cabinet to five from three under under PH. There is no longer a woman that could see them through the pandemic, than agitating for a return of the previous (BN) deputy prime minister. Unlike their PH the government they voted for. government. It also appointed Wan counterparts, the current Minister and Azizah Wan Ismail as Malaysia’s first Deputy Minister for Women, Family and woman Deputy Prime Minister. Even Community Development have done little though she could have done more to to forward the women’s rights agenda. advocate for women’s rights, at least Under the guise of ending political she improved the social safety net for appointments, several qualified women housewives through I-Suri, and sought were replaced as heads of government- to tackle the vexatious issue of child linked bodies midway through their marriage through a comprehensive terms by politically-connected men. national plan.

PH also appointed several women to high-profile positions in entities such as the Human Resource Development Fund, Bursa Malaysia, Majlis Amanah Rakyat, and the Malaysian Anti-Corruption Commission. 4 A SISTERS IN ISLAM BULLETIN

PROTECTION FOR WOMEN IMPACT OF COVID-19 HOW MANY STEPS AND GIRLS STALLED BACKWARDS?

ne of the casualties of the political he pandemic’s economic impact uring PH’s 22 months in upheaval has been the Sexual on women was especially government, the coalition took Harassment Bill. The bill was immediate. In Malaysia, a quarter a few notable steps forward in Oscheduled to be tabled in Parliament Tof women who work are either self- Dimproving the protection and rights in March 2020. In July, however, Rina employed, informal workers, or unpaid of women and children. Its election Harun, the newly-appointed Women, family workers. manifesto made it easier for citizens Family and Community Development to hold the coalition accountable. At Minister announced that the bill had to This places them in an economically the same time, the inclusion of former be resubmitted for the current cabinet’s vulnerable position during a lockdown. Opposition Members of Parliament consideration and approval. Women are particularly affected by how and former civil society activists in frontline workers are treated. Comprising government meant more socially- Of concern is the fact that the PN 97 per cent of all nurses here, more conscious policies and programmes. coalition, which coalesced as a matter of women are at risk than men. Women also political expediency midway through an make up the majority of service staff who It wasn’t perfect and, in some instances, election cycle, does not have a manifesto, support healthcare facilities, including less than satisfactory. Still, it was better what more a clear policy promise on cleaners and caterers, adding to their than under the previous BN rule. Many women’s rights. Moreover, it is evident overall risk profile. of the gains under PH were the result that the current administration severely of the decades-long persistence and lacks a gender perspective. Under the PN government’s Prihatin diligence of human rights activists and Rakyat Economic Stimulus Package, civil society organisations. It was also the For example, in a series of public service nine million Malaysians were eligible for mobilisation and support of these groups announcements released in March 2020, Bantuan Prihatin Nasional (BPN) cash that led to the BN’s eventual downfall in provided tips on how women payments. However, the package did not the May 2018 elections. could avert domestic conflict during the cover many individuals most susceptible national lockdown. Among others, it to financial precarity. This included Malaysia now has a backdoor advised women to take on the voice of a vulnerably-employed women, female- government that the people did not cartoon character with their partners, heads of households, and domestic vote for. Moreover, many of those essentially asking women to infantilise violence survivors. who are back in power were the same themselves. Then in April, Siti Zailah politicians who perpetuated a system of Mohd Yusoff, Deputy Minister for Women, ethnocentrism, sexism, and human rights Family and Community Development, abuses. who is also the PAS Wanita chief, posted MANY OF THESE WOMEN a five-minute video. This offered tips on Significantly, Sisters in Islam (SIS) and how to manage domestic violence during ALSO FACED BARRIERS other NGOs have been fairly quiet about an extended lockdown. Among others, TO ACCESSING THE these developments, and not been more she advised perpetrators to keep calm PROPOSED TRANSFERS vociferous in critiquing the lack of and quiet until their anger subsided. To FOR B40 AND M40 progress for women’s rights and gender victims, she said to use the “magic words” HOUSEHOLDS. BPN equality under PN. of “thank you” and “I’m sorry”. PAYMENTS WERE At the time of this writing, political Plans to enact a Gender Equality Act, DIRECTLY TRANSFERRED uncertainty remains rife. The country which gained greater momentum under TO THE HEAD OF is also experiencing another wave of the PH government, are now up in the air. THE HOUSEHOLD, Covid-19 infections, which will exacerbate After PN came to power, the much-needed TYPICALLY A MALE. THIS the economic slowdown. National Strategic Plan to Address the PREVENTED WOMEN IN Causes of Underage Marriage was also ABUSIVE MARRIAGES Studies have shown that empowering shelved. The five-year plan launched women is the key to sustainable in January 2020 was meant to curb AS WELL AS SURVIVORS development and economic advancement. the problem of child marriages at the WHO ARE SEPARATED grassroots. What is distressing is that BUT NOT YET DIVORCED, Unfortunately, with the uncertainties PAS, which is now in federal power, has FROM RECEIVING of politics and a pandemic, we can in the past refused to recognise child FINANCIAL HELP be certain the rights, protection, and marriages as a problem. Indeed, in a inclusion of women and girls will once parliamentary debate in July 2017, Siti again be de-prioritised by those in power. Zailah argued that syariah law allowed child marriages. 23 October 2020

5 BARAZA! NO. 9 From Pakatan Harapan to Perikatan Nasional: What Does This Mean for Women in Malaysia?

On the 24th of February 2020, that lost in the last General Election. specifically introduced to advance the Prime Minister Mahathir After over a year-and-a-half of living status of women in the country. AMohamad announced his with the possibility that the country’s resignation from his post without longstanding one-party system Given that the beginning of Prime naming a replacement. This led to could be reformed, Malaysians saw Minister Muhyiddin’s term coincided a few weeks of political scrambling their democratically elected choices with the first wave of the Covid-19 as alliances were broken and cast aside as familiar political virus in the country, the government’s reforged. manoeuvrings resumed. energies were directed at managing the pandemic and its effects. Some of Following the subsequent withdrawal It did not take long for the new these efforts have since come under of Parti Pribumi Bersatu Malaysia government to swiftly rebrand its scrutiny for restricting civil liberties (BERSATU) and 10 MPs from Parti predecessor’s work, which in some including that of undocumented Keadilan Rakyat (PKR), Pakatan cases were also a continuation migrants 2, and for having an adverse Harapan, which also includes the of practices started by the BN impact on women. While it is too (DAP) and Party administration but repackaged. PN early to conclude that the future of Amanah Negara, lost its majority in stated its commitment to PH policies women under PN is bleak, these early Parliament, ending the former opposition like the Shared Prosperity Vision indicators are not a good sign. party’s historic run in government. 2030 that outlined new 10-year goals for the nation. This, it believed, was By 1 March, Muhyiddin Yassin an important step towards placing emerged as Malaysia’s eighth Prime Malaysia on the path of sustainable Minister, helming the newly-formed and inclusive development.1 coalition, Perikatan Nasional (PN). How this would benefit women, 1 https://www.thestar.com.my/news/ nation/2020/03/10/shared-prosperity-vision-to- This comprised his party Bersatu, however, was less clear. In fact, as continue-on-says-azmin MPs formerly from PKR, as well as the sections below show, the new 2 https://www.malaymail.com/news/ Barisan Nasional (BN) and Parti government has been less willing malaysia/2020/10/20/democracy-human-rights- deteriorating-in-malaysia-since-covid-19-hit-says- Islam Se Malaysia (PAS), i.e. parties to take on other PH initiatives wa/1914462 6 A SISTERS IN ISLAM BULLETIN Women, Leadership and Decision-Making

While PN maintained the same number of women ministers (five) and deputy ministers (four), this no longer includes the post of Deputy Prime Minister. This figure is also based on a larger Cabinet of 32 ministers compared to 28 under PH, i.e. a lower proportion of female representation. The new Cabinet features around 13 per cent of women compared to the 18 per cent previously.6

Under the PH government too, a significant number of female judges were appointed to top positions in the judiciary. Tengku Maimun Tuan Mat became the first woman to hold the highest post in the judiciary with her promotion on 2 May 2019 as Malaysia’s Chief Justice, while Federal Court judge Rohana Yusuf became the first woman to be appointed he 2018 General Election In April 2020, Rafidah Aziz, former BN as president of the Court of Appeals, the redrew Malaysia’s political Minister of Trade and Industry, criticised second highest post in the judiciary. Four Tlandscape with a historic the “disgusting” manner in which the PN women Court of Appeal judges, Nallini increase in women holding public administration had removed heads of Pathmanathan, Zaleha Yusof, Zabariah office. Although Pakatan Harapan Government-Linked Companies (GLCs).3 Mohd Yusof, and Hasnah Mohammed (PH) fell short of its own minimum She decried the premature removal of Hashim, were also appointed as Federal 30 per cent target for female many competent women from these Court judges. policymakers, it made significant top posts midway through their terms, progress in cracking the glass under the guise of ending political While all retained their positions under ceiling, raising the number of appointments. Their replacements PN, and their continued appointments women Cabinet members from were not only those aligned with the are an important marker of the progress three under Barisan Nasional (BN), new government, but also men. Human women are making in public life, it is also to five. Resource Development Fund (HRDF) chief true that not everyone understands, or Noor Farida Ariffin and Bursa Malaysia supports, the idea that gender-based Overall, however, change was incremental. chairperson Shireen Ann Zaharah discrimination needs to be actively The PH government attempted to support Muhiudeen were succeeded by former countered. the creation of more female leaders, but Malaysian Indian Congress (MIC) youth through informal processes. Its failure to chief Nelson Renganathan and former institutionally mandate gender quotas to senator Wahid Omar, respectively; while address unequal political representation male candidates took over from Bursa in Malaysia gave the current Perikatan Malaysia director Mariam Prudence Nasional (PN) government leeway to Yusof and Majlis Amanah Rakyat 4 regress. Since the unveiling of the PN chairperson Hasnita Hashim. Former 3 https://www.malaysiakini.com/news/519711

Cabinet in March 2020, the influence of Deputy Minister of Women, Family and 4 https://www.straitstimes.com/asia/se-asia/women- women at the upper levels of government Community Development leaders-collateral-damage-as-malaysian-pm-muhyiddin- secures-grip-on-power has seen a significant decline compared said that she accepted the inevitability 5 https://www.straitstimes.com/asia/se-asia/women- to previously under PH. Moreover, where of political appointments but pointed leaders-collateral-damage-as-malaysian-pm-muhyiddin- secures-grip-on-power?fbclid=IwAR107T6_9wXlBtsCe women have been given leadership posts out that PN had effectively dismantled EF46T_nD0SxH-4R4oU5rXBW16e_DxI-mlDrMxVQAvg in the new government, they have not the progress that PH had made towards 6 https://www.malaymail.com/news/ necessarily advanced the status of women promoting women to decision-making malaysia/2020/03/09/pakatan-mps-chide-muhyiddins- 5 cabinet-as-bloated-lacking-representation- in the country. posts during its term in power. of-w/1844865

7 BARAZA! NO. 9 Malaysia’s First Woman Chief Justice

t the 2019 Regional Judicial standards to enhance protection for women; was apt that it be revisited. The Chief Dialogue on the Elimination and the other, for judges to interpret the Justice also cautioned against making Aof Discrimination Against language of this international women's decisions about the care and custody of Women, Tengku Maimun Tuan rights treaty as broadly as possible — the children based on stereotypes as that Mat, Malaysia’s first woman Chief latter was less tenable. could uphold the rights of perpetrators. Justice, shared her views on judicial To counter such bias, she called on judges activism. Citing former president Tengku Maimun also believed that gender- to undergo regular judicial training of the Federal Court, Raja Azlan based discrimination was rare amongst programmes, citing the United States and Shah, she maintained that anti- judges. Using the Industrial Court as an Europe as examples where judiciaries discriminatory legislation was example, she observed that awards in often hosted educational programmes important in combating bias and or determinations of disputes between to keep judges abreast of gender-related providing a crucial foundation employees and employers regarding issues while also continuously reforming for judges to build on related labour practices had not been affected and revamping gender-discriminatory jurisprudence. She described by gender. She further noted that the laws. She said that she intended to redefining the boundaries of the gender makeup of the judiciary at both ensure a similar practice here to further law without a supporting basis in the subordinate and superior court levels sensitise judges about gender issues. legislation as actions of “an overly reflected that of the general workforce, activist” judge, and called on each comprising 40 per cent women. At the same time, she hoped that judges, lawyers, and legal activists Malaysia would be able to work with the to tread carefully. Nevertheless, she acknowledged the International Court of Justice (ICJ) to anachronistic rule of corroboration in direct the mindset of judges away from Accordingly, she argued that of two sexual crime cases, which was based on stereotyping, and to rely strictly on possible approaches to the Convention the assumption that “the temptations of evidence and the law. on the Elimination of All Forms of a woman to exaggerate an act of sexual Discrimination against Women (CEDAW) connection are well-known and manifold.” in Malaysia — one, ensuring that A baseless and blatantly discriminatory domestic law conformed to CEDAW rule introduced by judges in the past, it

8 A SISTERS IN ISLAM BULLETIN Gender-Based Violence

SEXUAL HARASSMENT

fter the tabling of the Sexual Harassment Bill was Aindefinitely postponed at the in March 2019, the Ministry of Women, Family and Community Development (MWFCD) arranged for a series of meetings with various stakeholders, including the Joint Action Group for Gender Equality (JAG). From April 2019, these meetings set out to further improve the Sexual Harassment Bill by reviewing a draft by the Women’s Centre for Change (WCC) in 2001, and referring to sexual harassment legislation of other Commonwealth nations.

During this time too, JAG wrote a media statement to highlight three demands:

For a specific timeline for the 1 Sexual Harassment Bill to be actors to take proactive measures domestic violence, including suggesting given; to combat sexual harassment, and that women could minimise abuse if enhancing protection and access to they impersonated the mannerisms of a That the Sexual Harassment justice for those targeted. cartoon character when talking to their 2 Bill clearly defined the term partners. This reduced many women’s based on international best The unexpected change in government legitimate fears of such conflict being a practices, with minimum at the end of February 2020 derailed precursor to violence, to a joke.8 standards and oversight these plans once more. On 22 July 2020, mechanisms, as well as the new Women, Family and Community The lockdown saw people unable to work civil standards and procedures Development Minister Rina Harun said as only those in essential services were to handle cases; that although the bill was supposed to be allowed to carry out their duties. At its tabled for first reading in March 2020, strictest, the MCO banned Malaysians That changes be made to the the change in government necessitated from leaving their homes except in 3 Criminal Procedure Code (CPC) that it be forwarded again for the current emergencies, to buy food or to access for court processes to become Cabinet to consider and approve. She healthcare. more sensitive to survivors of informed the Dewan Rakyat that the bill sexual offences. would be tabled in Parliament at the end In a country where small and medium- of 2020.7 sized enterprises, including stallholders and family-run setups, comprise 90 After the second planned tabling in per cent of the economy, scores of December 2019 was postponed to March DOMESTIC VIOLENCE individuals across dozens of sectors 2020, JAG released an updated statement experienced a huge loss of income. In the on 1 February outlining what else it n a series of public service case of domestic violence survivors, this wished to see in the proposed Sexual announcements released during exacerbated financial dependence on Harassment Act. Aside from improving Ithe Movement Control Order (MCO) their abusers, leaving them even more the definition of sexual harassment, this in March 2020, MWFCD issued ‘tips’ vulnerable to harm. included widening the law’s coverage so on how women could avert domestic more people would be protected from conflict during the national lockdown. such acts, requiring public and private This caused an uproar for trivialising

9 BARAZA! NO. 9

The government’s welfare hotline saw In May 2020, three PH leaders called on behaviour, allowing violent voices to have a 57 per cent spike in calls from the the government to pay greater attention a stage and microphone to amplify their beginning of the MCO in mid-March to to online sexual harassment and to abusive actions. 12 Citing the death and early April, related to issues concerning act immediately against such threats. rape threats they each had received on domestic violence as well as other In a joint statement released on 27 social media as clear indication of how financial and marital problems. Women’s May, Bandar Utama assembly person easily women can be targeted, the three rights groups also saw a similar rise Jamaliah Jamaluddin, Kampung Tunku women stated that such threats should in distress calls, with Women’s Aid assemblyperson Lim Yi Wei, and Petaling be treated in the same way as if they were Organisation (WAO) reporting a 44 per Jaya Member of Parliament Maria Chin made offline. cent increase in calls and enquiries Abdullah said insufficient action by the between February and March. authorities only promoted such toxic Their statement also noted legal gaps that need addressing. For example, In the first half of April, they received 264 current laws do not allow victims to seek calls and WhatsApp enquiries, a 111.2 per damages for sexual harassment. They cent increase compared with 125 calls also cannot obtain a Protection Order and WhatsApp enquiries over a 14-day Insufficient action by against sexual harassers. period in February.9 In , WCC reported a fourfold increase in domestic the authorities only This is why a comprehensive Sexual violence-related calls, with this period Harassment Act is necessary, one in exceeding its 2019 monthly average.10 promoted such toxic which sexual harassment is addressed not only as a crime but tackled behaviour, allowing holistically and involving quasi-judicial processes too. People have the right violent voices to to have protection against such acts, complemented by awareness, training, MANY DOMESTIC have a stage and internal inquiry processes as well as VIOLENCE SURVIVORS microphone to amplify counselling services for both harassers FACED UNCERTAINTY and survivors. OVER HOW TO their abusive actions. OBTAIN PROTECTION DURING THIS TIME. Citing the death and IN SOME CASES, LAW rape threats they ENFORCEMENT RESCUED SURVIVORS FROM each had received on ABUSIVE HOMES; IN social media as clear OTHERS, THEY TURNED AWAY THESE WOMEN indication of how AND TOLD THEM TO easily women can be RETURN AFTER THE MCO HAD ENDED targeted, the three women stated that such threats should

The crisis had an impact on women who be treated in the same 7 https://www.malaymail.com/news/ malaysia/2020/07/22/sexual-harassment-bill-to-be- left their abusers as well. According to way as if they were tabled-by-year-end-says-minister/1887020 WAO, 30 per cent of its former shelter 8 https://www.thestar.com.my/news/ residents were unable to work due to nation/2020/03/31/women-family-development- made offline. ministry-apologises-for-sexist-posters the MCO, while 25 per cent were looking 9 https://wao.org.my/implement-emergency- for jobs. Other NGOs had to stage response-to-domestic-violence-amid-covid-19-crisis/

interventions during the lockdown. The 10 https://www.msn.com/en-my/news/national/in- All Women’s Action Society (AWAM) malaysia-domestic-violence-spikes-amid-lockdown-to- slow-coronavirus-infections/ar-BB12u1Qu?li=BBr8Mk9 reported a case of a domestic violence 11 https://www.scmp.com/week-asia/people/ perpetrator going through substance article/3079456/malaysia-domestic-violence-spikes- abuse withdrawal, making “a violent amid-lockdown-slow-coronavirus situation even more dire and dangerous 12 https://www.msn.com/en-my/news/national/govt- 11 must-step-up-and-stamp-out-online-sexual-harassment- for the survivor.” in-malaysia-now-say-pakatan-reps/ar-BB14F7MA

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this practice. For instance, in a parliamentary debate in July 2017, she Child Marriage argued that with the guidance of Allah, child marriage was permissible under syariah law. She also distinguished he long overdue National combat sexual crimes against children between sexual offences against children Strategic Plan to Address the and underage marriages. These were all and underage marriage, claiming that TCauses of Underage Marriage initiatives in the right direction. the latter was a blessing. was launched in January 2020. This comprehensive five-year plan had In her tweet on 9 March 2020, Marina Azalina Othman, Member of Parliament 17 strategies and 58 programmes to Mahathir questioned the Perikatan for Pengerang, has weighed in on this be undertaken by 61 agencies.13 Nasional government’s appointments matter as well, stating that sexual of Rina Harun and Siti Zailah Mohd predators should not be allowed to According to , Yusoff as the Minister and Deputy invoke religion and escape punishment then Minister of Women, Family and Minister of Women, Family and through marriage. When Siti Zailah, Community Development, the Syariah Community Development respectively, having been asked if she would continue Judicial Department of Malaysia suggesting that this was a setback to the the fight against child marriage, replied had already produced a Standard advancement of women in Malaysia.14 that policies which did not clash with Operating Procedure (SOP) for marriage This concern proved true as not long Islam, would go on, Azalina responded applications involving minors, while after, the National Strategic Plan to that marriage must not be used to justify the National Population and Family tackle child marriage was cast aside. sexual exploitation.15 Development Board (LPPKN) provided reproductive health services, including Former Deputy Minister of Women, counselling and health screenings, to Family and Community Development, teenagers who engaged in premarital Hannah Yeoh, also voiced her concerns 13 shorturl.at/lCPW6 sex. The PH government had also agreed about her successor given the reluctance 14 https://twitter.com/netrakl/status/123695374910 2325760?lang=en to introduce a Reproductive and Social of PAS, Siti Zailah’s party, to acknowledge 15 https://www.thestar.com.my/ Health Education programme for child marriage as a problem. Siti Zailah newsnation/2020/03/14/azalina-don039t-allow- children as young as preschoolers to herself has a track record of defending religion-to-be-used-to-justify-child-sexual-exploitation

employment contract with an employer”. This meant that the law only took effect Employment Act once an employer-employee relationship had commenced and not before. However, he added, in line with the Discrimination (Employment and Occupation) Convention 1958 of the International Labour Organisation (ILO), the Ministry was reviewing prohibitions on workplace discrimination under the Employment Act 1955. This would cover areas including gender, religion, race, disability, marriage status, pregnancy and language.17

When Permatang Pauh Member of Parliament, , asked n October 2019, the Pakatan change, in line with the government’s about additional measures to protect Harapan government announced efforts to improve labour conditions. women who might face discrimination over Ithat it had no plans to amend the 90-day maternity leave ruling, Mahfuz the Employment Act 1955 to protect Instead, the government chose only to said that there were no laws to use against jobseekers including those who extend maternity leave for the private employers who chose not to hire pregnant were pregnant.16 sector from 60 to 90 days beginning in women. 2021. According to , then Various parties including the Joint Action Deputy Minister of Human Resources, Group for Gender Equality (JAG) and the the objective of the Employment Act 16 https://www.malaysiakini.com/news/493031 Human Rights Commission of Malaysia 1955 was to supervise the terms and 17 https://www.thestar.com.my/news/ nation/2019/10/16/hr-ministry-no-plans-to-amend- (Suhakam) had advocated for this conditions of employees “who signed an employment-act-to-protect-job-seekers

11 BARAZA! NO. 9 Covid-19, Labour, and the Economy

Women are particularly affected by how frontline workers are treated. In Malaysia, they constitute 97 per cent of all nurses, meaning that more women are at risk due to their profession.20 n December 2019, the Pakatan the Ministry of Health (MOH) released a Harapan government revealed circular to detail which public healthcare Ithat it would scrap the monthly workers qualified for the special RM600 They also make RM750 Critical Service Incentive monthly coronavirus allowance, and Payment (BIPK) for new doctors, the claims process for this payment. up the majority pharmacists, and dentists joining According to a list of Frequently Asked the public sector. For nurses, this Questions by its Human Resources of the workforce meant losing an allowance of 10-15 Division dated 30 March 2020, frontline per cent of their basic salary.18 beneficiaries could claim the RM600 that supports Covid-19 allowance starting 1 April 2020, healthcare After public outcry led by healthcare limited to one claim per month. professional groups — they argued that facilities, including the sector’s scheme did not adequately This decision was criticised as being too compensate the nature and demands limited since many others were involved as cleaners and of the job and hence the BIPK was in containing the outbreak, not just needed — the government temporarily those MOH had identified. Emergency caterers, adding shelved its decision for this to take effect and Trauma Department staff, for from 1 January. Instead it said it would instance, were denied this allowance to their overall review the BIPK proposal by the end of as they were not considered part of the 2020.19 The importance of adequately coronavirus team, even though Covid-19 risk profile. compensating healthcare workers was is a respiratory disease and emergency highlighted with the spread of Covid-19. workers in protective gears see all severe At the outset of the pandemic, acute respiratory infection patients.

12 A SISTERS IN ISLAM BULLETIN

Budgetary and logistical compromises Women in particular have had a great family workers. This puts them in a made by the government for the larger deal to contend with as the demands for vulnerable situation as they lack the ‘public good’ also jeopardised the care has exponentially grown alongside security of those who are formally already limited access to women-specific financial instability. employed. They are easily susceptible healthcare like sexual and reproductive to a loss of income under pandemic healthcare services. For example, prevention measures. the National Population and Family Development Board (LPPKN) closed its Ultimately, the Covid-19 crisis has made clinics during the Movement Control A 2019 STUDY BY visible in unprecedented ways, the fact Order (MCO) period, which made access KHAZANAH RESEARCH that the daily maintenance of society is to contraception more difficult. This is INSTITUTE FOUND THAT built on the invisible and unpaid labour of concerning because of the impact it may MALAYSIAN WOMEN women. have had on the occurrence of unintended CARRIED A “DOUBLE pregnancies, which can cause distress BURDEN”, SPENDING and hardship for pregnant women and their families. ALMOST 64 PER CENT MORE TIME THAN MEN ON On 27 March, the government launched UNPAID CARE WORK WHILE the Prihatin Rakyat Economic Stimulus ALSO WORKING NEARLY Package that included cash payments in EQUAL NUMBER OF HOURS the form of Bantuan Prihatin Nasional IN PAID EMPLOYMENT 21 (BPN) for which nine million Malaysians were eligible. While this relief was welcomed, the scope of the package did not cover the range of individuals most susceptible to financial precarity including women informal workers, Malaysia ranks 104 out of 153 countries in female-heads of households, and the 2020 Global Gender Gap Index report, survivors of domestic violence. with a female labour force participation rate of 55 per cent women compared to 22 18 https://codeblue.galencentre.org/2019/12/24/ These women have had difficulty 80 per cent for men. A United Nations no-critical-allowance-for-new-doctors-engineers-other- accessing the proposed transfers for policy brief published on 9 April 2020 civil-servants-from-2020/ B40 and M40 households as the BPN outlined how Covid-19 has exacerbated 19 https://codeblue.galencentre.org/2020/01/09/ critical-allowance-stays-for-government-doctors- goes directly into the bank account of gender inequality and disproportionately health-workers-other-professionals-this-year/ their household representative, typically affected women and girls. The pandemic 20 shorturl.at/pKLM0 the male head of household. This has has hit them hard; they earn less, have 21 shorturl.at/nyKMU prevented women in abusive marriages less savings, and experience greater as well as survivors who are separated job insecurity.23 In Malaysia, a quarter 22 https://www.dnevnik.bg/file/4006784.pdf but not (yet) divorced – a process which of women who work are either self- 23 https://www.unwomen.org/en/digital-library/ publications/2020/04/policy-brief-the-impact-of-covid- can take up to two years once initiated – employed, informal workers, or unpaid 19-on-women from receiving any meaningful financial help. Women and children who live with their abusers are thus denied the economic independence they need to leave. "Given the often unequal and Concurrently, the Movement Control gendered division of labour in Order (MCO) created a deeply unfamiliar situation for many Malaysians, particularly the home, this meant that many with regards to the need to work from home. Few were used to this arrangement women found their workload and the challenges that came with it under the MCO. The restriction order multiplying during the MCO as they meant that parents who would ordinarily be able to rely on schools or daycare were expected to fulfil their job centres for their children while they were obligations and responsibilities at work suddenly found themselves in the position of being without reliable or as primary caregivers." affordable childcare, regardless of their working arrangements.

13 BARAZA! NO. 9 Malaysian Youth and Covid-19 or younger relatives. These necessities have made it difficult for them to prioritise schoolwork, leading them to fall behind without additional support and accommodation to help them through the unprecedented demands of pandemic living.

The long-term consequences of the crisis on a child’s life opportunities, prospects and social mobility must be seriously considered. Parents losing jobs due to the economic downturn could potentially result in higher dropout rates, especially among older children under pressure to earn an income. Additionally, the extended lockdown and concurrent economic pressures could have knock- on effects on children’s physical and mental health. Statistics also suggest disproportionately more mental health problems and burdens in lower-income households.24

alaysian youth have had in areas with insufficient coverage and The upheaval caused by Covid-19 has their own unique set of internet speed have thus had to contend imposed additional mental stress and Mchallenges under the with the risk of missing out on schooling financial concerns on students. As schools Covid-19 pandemic. The sudden as classes move online indefinitely. gradually return to in-person attendance, imposition of the Movement the gulf between students of varying Control Order (MCO) gave learning The MCO has also impacted on the degrees of privilege is likely to widen institutions little time to prepare quality of teaching. The loss of face-to- further. Those who do not have strong for implementing effective methods face instruction without corresponding social support will be most susceptible to for online pedagogy. Adequate adaptive measures online has caused being left behind. and equal technological access students greater difficulty in conducting are among the primary issues dynamic discussions and long waits faced. While many middle-class to have their questions answered. and urban students struggle with Evaluation has proven tricky without technical difficulties, others are left in-person cues for teachers to assess their scrambling to source steady access students’ individual responses and needs. to basic internet. This is especially true for those with special needs who are unable to learn as A large number of primary, secondary, effectively via distance learning, which and tertiary students have been unable involves less tailored support. to partake in online learning as they do not possess personal computers Students whose families’ incomes were or broadband connections. A 2018 affected by the MCO have had another survey conducted by the Malaysian layer of difficulty beyond a lack of Communications and Multimedia resources. Many have needed to take Commission (MCMC) found a sizeable on additional family responsibilities, disparity between urban and rural whether it is taking on extra jobs to internet users, where urban folks made help pay for expenses, assisting with up 70 per cent of internet users. Students the family business, or caring for older 24 https://euobserver.com/coronavirus/147903

14 A SISTERS IN ISLAM BULLETIN Parlimen Digital

n July 2020, young Parlimen Digital was a successful platform migrants, stateless children, and other Malaysians from four Non- for Malaysian youths to engage in vulnerable communities. Parlimen IGovernmental Organisations simulated policymaking and nation- Digital highlighted the necessity and — Challenger Malaysia, Undi 18, building exercises. The digital nature of the benefits of including more youth in Liga Rakyat Demokratik, United event allowed for greater inclusivity in the decision-making positions. The absence Nations Association Malaysia representational makeup of participants. of youth voices in government decisions (UNAM) Youth — organised and during the pandemic has often resulted ran the world’s first Parlimen Women occupied 30 per cent of seats in hastily-made announcements, which Digital (Digital Parliament). while 64 per cent of seats for leave young people struggling in already and were elected from the turbulent times. This culminated in new ‘laws’ and indigenous community. Subjects ‘policies’ on economic and education discussed over the two days included Young Malaysians have made it clear that issues affecting the country’s youth. the digital economy, the need to improve there is much more to be done to support The parliamentary session, which took digital literacy, digitalising education, the youth through providing growth place entirely online, emulated an and strategies to improve accessibility opportunities as well as removing socio- actual sitting including voting and for B40 communities, young people economic and technological barriers that passing of bills. It was streamed live. living with disabilities as well as young hinder their progress.

"The absence of youth voices in government decisions during the pandemic has often resulted in hastily-made announcements, which leave young people struggling in already turbulent times."

15 BARAZA! NO. 9 Other Issues and Debates?

bills, with vice-president Mohd Amar Nik (MCO). However, in May, it back-pedalled Abdullah saying that currently other on its promise. At the beginning of the issues needed to be prioritised. According month, the government authorised to him, amendments to RUU355 had to be at least four immigration raids and tabled in accordance with the order and arrested more than 2,000 undocumented framework of the Federal Constitution. If migrants including refugees and at least any changes were proposed, they should 98 children.28 The move echoed growing first be negotiated at the state level to xenophobia amidst the pandemic-related ensure that the laws were holistic and economic slowdown. Malaysia’s health represented each state’s aspirations.25 response focused on treating all infected individuals without discrimination, but At present, no specific actions are being the roundups contradicted that. taken to amend RUU 355 as PAS and PN focus on more pressing issues brought Labour activists criticised the move to about by Covid-19, namely restoring detain undocumented migrants during the Malaysian economy amidst a global this time, fearing that this would force RUU355 recession.26 However, in August 2020, them into hiding instead of voluntarily Zulkifli Mohamad Al-Bakri, de facto coming forward to be tested. They also n 2015, the Minister of Islamic Affairs, expressed expressed concern that regulations (PAS) voiced plans to table a bill to hopes that RUU355 would be realised in detention centres did not provide Iamend the Syariah Courts (Criminal before his death.27 sufficient protection from Covid-19 for Jurisdiction) Act 1965, also known as those held there, leaving them at high risk Act 355 (RUU355). This would expand the of contracting the virus. jurisdiction of syariah courts to mete out punishments to Muslims for syariah Some Malaysians have been angry with offences. the presence of migrant workers whom they erroneously blame for spreading the On 26 May 2016, Marang Member of virus and for being a burden on public Parliament and PAS president Abdul Hadi funds. Their calls for these migrants Awang tabled a bill in the Dewan Rakyat to be deported have been countered by proposing that the syariah court be given human rights advocates arguing against jurisdiction to impose punishment in the discrimination of these workers. accordance with syariah requirements Restricted movement, financial woes under Islam, excluding the death from income lost during the lockdown, penalty. On 24 November 2016, he tabled and the abrupt return to work without a subsequent motion that clarified the adequate protection have left many previous bill’s purpose. Specifically, this migrants living in fear and uncertainty was to raise the maximum sentencing as they fight to balance the need to limits of syariah courts from three years’ TREATMENT OF MIGRANTS support themselves with keeping safe. jail time, RM5,000 fine, and six strokes of the cane to 30 years, RM100,000, t the start of the pandemic in and 100 strokes respectively. On 6 April March this year, the Malaysian 2017, Abdul Hadi tabled another Private Agovernment asked those who had Member’s Bill to increase the powers of been exposed to clusters and exhibited the syariah courts. This motion was read Covid-19 symptoms to present themselves 25 https://www.malaymail.com/news/ malaysia/2020/08/10/religious-affairs-minister-i-hope- out in Parliament but like his previous for free testing, irrespective of their legal ruu355-amendment-happens-before-i-die/1892652

bill, it was not passed. status in the country. It gave assurances 26 https://www.malaysiakini.com/news/536518 that no arrests would be made, and 27 https://www.bharian.com.my/berita/ Since PAS became part of the ruling in April announced that immigration nasional/2020/08/719797/insya-allah-ruu-355-akan- direalisasikan-sebelum-saya-mati Perikatan Nasional (PN) government, operations would be suspended for the 28 https://foreignpolicy.com/2020/06/19/malaysias- it has downplayed the return of these duration of the Movement Control Order coronavirus-scapegoats/

16 A SISTERS IN ISLAM BULLETIN Conclusion

uring its 22-month rule, from that of previous governments, even Pakatan Harapan (PH) though it did not meet the minimum 30 made notable strides in percent goal of female representation in D THE PRESENCE OF WOMEN improving the wellbeing of women. the federal and state governments. The Its introduction of the National country also saw women in key decision- IN LEADERSHIP POSITIONS Strategic Plan to Address the making positions for the first time. These AS WELL AS THE REMOVAL Causes of Underage Marriage was reforms that rode on the back of decades OF BARRIERS THAT significant in promoting the rights of dedicated activism, now have an DISPROPORTIONATELY and safety of girls in a way that uncertain future under the rule of PN, had not been done before. particularly since the same civil society AFFECT WOMEN’S organisations have been rather quiet in ACCESS TO EDUCATION, Likewise, moving the proposed Gender their advocacy. EMPLOYMENT, Equality Act forward together with AND HEALTHCARE civil society organisations, alongside Indeed, many hard-won gains for AMONGST OTHERS, ARE issues like protection against workplace women have been rolled back by PN. INEXTRICABLY TIED TO discrimination and paternity leave. With With real progress a long time coming the exception of the Sexual Harassment for women in Malaysia, especially THE ADVANCEMENT OF THE Bill, it remains to be seen if the Perikatan those from economically and socially COUNTRY AS A WHOLE Nasional (PN) government will be disenfranchised communities, it is similarly committed to bringing about necessary to remember that empowering structural change on these issues. The these women is key to sustainable representation of women in the PH development. Poverty and gender cabinet was also a marked improvement inequality are intrinsically linked.

17 BARAZA! NO. 9 Recommended Readings

Media and Elections: Democratic Ini Bukan Klise II. Analisa Terpilih Transition in Malaysia. (2018) Politik Semasa. (2015) Edited by James Gomez, Mustafa K. Amin Iskandar. Petaling Jaya: Anuar and Yuen Beng Lee. Strategic Information and Research Petaling Jaya: Strategic Information Development Centre. and Research Development Centre. ISBN: 978-983-2344-28-5 ISBN: 978-967-0960-96-8

The Circle of Empowerment: Twenty- The Universal Periodic Review five Year of the UN Committee on the of Southeast Asia. Civil Society Elimination of Discrimination Against Perspectives. (2017) Women. (2007) James Gomez and Robin Ramcharan. New York: The Feminist Press at the Iskandar Puteri: Asia Centre. City University of New York. ISBN: 978-967-0960-95-1 ISBN: 978-1-55861-563-2

Illusions of Democracy: Malaysian You Want This Government Ah? (2018) Politics and People Volume II. (2017) Kee Thuan Chye. Petaling Jaya: Edited by Sophie Lemiere. Petaling Gerakbudaya Enterprise Sdn. Bhd. Jaya: Strategic Information and ISBN: 978-983-2344-91-9 Research Development Centre. ISBN: 978-967-0960-87-6

Bagaimana Dengan Anak-Anak? Hak Kanak-Kanak yang Mengalami Keganasan Rumah Tangga. Laporan Kajian Kes Tahun 2019 oleh Pertubuhan Pertolongan Wanita. (2019) Petaling Jaya: Women’s Aid Organisation. ISBN: 978-967-14799-4-0

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