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Malaysia Country ReportChallenges and Barriers Women’s Shelter                   Met :      legislation and development   ...
2
Challenges and Barriers Women’s shelter Met                          3
Domestic Violence ActDomestic Violence Act (DVA), waspassed in Malaysia in 1994, the firstcountry in Asia Pacific passed t...
Government shelters in MalaysiaSince DVA enforced in 1996, there were34 government shelters providing servicesfor women an...
Government shelters in MalaysiaChallenges  Officers are trained differently rather then  handling cases of women and child...
NGO shelters in MalaysiaThere are about less then 15 NGO shelters in Malaysia.Most of the NGO shelters concentrated in the...
Challenges : Funding Government does not provide funding for the NGO shelters, most of the shelters are self funded. Even ...
Challenges : Security Issues There are no law to protect the shelter service providers in order to deal with security thre...
Challenges : Bureaucracy of thesystem Even though there were “government shelters”, the welfare officers, police, medical ...
Challenges : Human Resources Most of the NGO’s shelters are lack of funding, hence difficult to retain trained and good so...
Challenges : Other issues Overcrowding issue – as shelters in Malaysia are limited, most of the NGO shelters are fully or ...
Domestic Violence a big problem inAsia Pacific  Malaysia: average 3,521 reported cases a year (2006-  2010) .  Thailand: 2...
Statistic of Gender Based Violencein Malaysia (2000 – 2011)                           200    200    200    200    200    2...
WAO’s shelter services                 WAO Services from 2007 - 2011           140                                     125...
Face to Face Counseling     160                               145                              130     140     120        ...
Telephone Counseling                   1600                             1544                   1400            1318       ...
Law in Malaysia -- regards to Gender BasedViolence                              18
Legal reform - Domestic ViolenceAct (DVA) DVA 1994 has been operation since 1996, the implementation of this law has been ...
Legal reform - Domestic ViolenceAct (DVA) Areas of Concern with the recent amendments - Stalking and intimidation are stil...
Legal reform - RapeMarital Rape  The Penal Code not recognised rape within a marriage is a crime.  In 2006, a new subsecti...
Legal reform - Rape  The penalty for causing “hurt or fear of death or hurt” withinthe marriage (a maximum of five years) ...
Legal reform – Sexual Harassment  There is not Sexual Harassment Act in Malaysia. In 1999, a Code of Practise on the Preve...
Legal reform – Sexual Harassment  The law is silent about the right of appeal a decision of the employeror DG not to condu...
Thank you            25
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Theme 2-2 Wong Su Zane (Malaysia)_Challenges and Barriers_Legislation and Development

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Theme 2-2 Wong Su Zane (Malaysia)_Challenges and Barriers_Legislation and Development

  1. 1. Malaysia Country ReportChallenges and Barriers Women’s Shelter Met : legislation and development Planning Meeting for Asia Network of Women’s Shelter (3 - 5 September 2012, Taipei) Presented by Wong Su Zane, Social Work Manager Women’s Aid Organisation (WAO), Malaysia 1
  2. 2. 2
  3. 3. Challenges and Barriers Women’s shelter Met 3
  4. 4. Domestic Violence ActDomestic Violence Act (DVA), waspassed in Malaysia in 1994, the firstcountry in Asia Pacific passed theact. However, the act was fullyimplemented and enforced in 1996,which is two years later. 4
  5. 5. Government shelters in MalaysiaSince DVA enforced in 1996, there were34 government shelters providing servicesfor women and children in crisis.However, none of these shelter specializein this areas. Most of the shelters in thelist are homes for sick and elderly people,homes for mentally challenge children Lack of Political Will in Combating Domestic Violence 5
  6. 6. Government shelters in MalaysiaChallenges Officers are trained differently rather then handling cases of women and children in crisis. Clientele have different needs and expectations which might be different from their normal job scope. Bureaucracy – accessibility for the clients, too difficult to get into the shelter. Co-operation and support within inter- agencies The shelters only provide services for Malaysian. 6
  7. 7. NGO shelters in MalaysiaThere are about less then 15 NGO shelters in Malaysia.Most of the NGO shelters concentrated in the big cities,women and children need to travel from 1 hour to 7-8hours to go to the nearest shelter. 7
  8. 8. Challenges : Funding Government does not provide funding for the NGO shelters, most of the shelters are self funded. Even though, the NGO’s shelters might be gazetted by the government, but they only received an annual grant which covered about 5%- 8% of operating cost of the shelter. Example : Tenaganita Anti-Trafficking Shelter need to end their operation because lack of funding in 2009. 8
  9. 9. Challenges : Security Issues There are no law to protect the shelter service providers in order to deal with security threats. Insensitivity of officers from the enforcement and supporting services, who disclose confidential information such as location and address of the shelter to the perpetrators. Officers from the enforcement agencies who bring the perpetrators to the shelters looking for “missing wives or children.” The magistrets/judges who had granted search order for the perpetrator to search NGO’s shelter. 9
  10. 10. Challenges : Bureaucracy of thesystem Even though there were “government shelters”, the welfare officers, police, medical officers still prefer to refer cases to NGO shelter as is faster, less red tape, and operate on 24hours basis. Respond time from the welfare officer in order to get into government shelter is too long. To enter into government shelter, is prerequsite for the client MUST lodge police report. Example : 1. NGO’s shelter 2. Government Anti- trafficking shelter. 10
  11. 11. Challenges : Human Resources Most of the NGO’s shelters are lack of funding, hence difficult to retain trained and good social workers /case workers Not many public universities offered courses in social work, most of the welfare officer are not social work trained. It is difficult to recruit qualified and trained social workers/case workers. 11
  12. 12. Challenges : Other issues Overcrowding issue – as shelters in Malaysia are limited, most of the NGO shelters are fully or over occupied. Co-operation with agencies in assisting the clients, especially undocumented clients. Example : WAO shelter was raided by Immigration officer in 2001 with reason keeping undocumented migrant. 12
  13. 13. Domestic Violence a big problem inAsia Pacific Malaysia: average 3,521 reported cases a year (2006- 2010) . Thailand: 20% of husbands beat wives Japan: 58.7% physically abuse their partner Australia: 50% of respondents knew someone involved in DV New Zealand: 20.1% hit and physically abused 13
  14. 14. Statistic of Gender Based Violencein Malaysia (2000 – 2011) 200 200 200 200 200 200 200 200 200 200 201 201Police Reports 0 1 2 3 4 5 6 7 8 9 0 1 346 310 275 255 310 309 326 375 376 364 317Domestic Violence 8 7 5 5 1 3 4 6 9 3 3 n/a 121 138 143 147 176 193 245 309 340 362 359 330Rape 7 6 1 9 0 1 4 8 9 6 5 1Incest 213 246 306 254 334 295 332 360 334 385 413 342Abuse of Domestic 56 66 39 40 66 37 45 39 n/a n/a n/a Workers n/a n/aChild Abuse 146 150 123 119 148 189 141 196 n/a 203 257  Outrage of Modesty 123 139 152 139 166 174 134 224 213 211 205 194 (Molestation) 4 3 2 9 1 6 9 3 1 0 4 1Sexual Harassment in 112 86 84 82 119 102 101 195 n/a n/a n/a the W orkplace n/aSource: Royal Malaysia Police and Ministry of Women, Family and Community Development 14
  15. 15. WAO’s shelter services WAO Services from 2007 - 2011 140 125 119 110 120 100 95 100 80 Clients 60 40 20 0 2007 2008 2009 2010 2011 Years 15
  16. 16. Face to Face Counseling 160 145 130 140 120 104 100 75 72 80 60 m N o b u s a c e r f 40 20 0 2007 2008 2009 2010 2011 Year 16
  17. 17. Telephone Counseling 1600 1544 1400 1318 1347 1200 1228 1200 Number of calls 1000 800 Number of calls 600 400 200 0 2007 2008 2009 2010 2011 Years 17
  18. 18. Law in Malaysia -- regards to Gender BasedViolence 18
  19. 19. Legal reform - Domestic ViolenceAct (DVA) DVA 1994 has been operation since 1996, the implementation of this law has been poor. In 2011, amendments to the DVA were passed by the parliament. Positive changes - The addition of “psychological abuse, including emotional injury” to the definition of domestic violence. - Making domestic violence a seizable offence, which allows the police to investigate and arrest immediately. - The automatic attachment of the power to arrest to every protection order when violence is likely. - A protection order may be made to prohibit or restrict the perpetrator from communicating by any means with the protected person. 19
  20. 20. Legal reform - Domestic ViolenceAct (DVA) Areas of Concern with the recent amendments - Stalking and intimidation are still not recognised in the definition of domestic violence in the DVA. - The category of victims/perpetrators is still limited to familial relationships and the DVA does not cover intimate partner violence. - Domestic Violence is still not recognised as an offence in the Penal Code and perpetrators are charged under the ‘hurt” provisions in the Penal Code. Does not reflect the serious, persistent and often repetitive nature of domestic violence. - How and who can identify if the victim suffer psychological violence? Will the medical report/assessment affect their chances of winning custody of their children. The Penal Code must be reform to include domestic violence, including psychological abuse, as a separate offence. 20
  21. 21. Legal reform - RapeMarital Rape The Penal Code not recognised rape within a marriage is a crime. In 2006, a new subsection (375A) was included in the rapeprovisionsAny man who during the subsistence of a valid marriage causes hurt or fear ofdeath or hurt to his wife or any other person to have sexual intercourse with hiswife shall be punished with imprisonment for a term which ,may extend to fiveyears. The crime is not rape, but is based on potential or actual physicalharm. The exception to 375A is still remainException – Sexual intercourse by a man with his own wife by a marriage whichis valid under any written law for the time being force, or is recognise inMalaysia as valid, is not rape. 21
  22. 22. Legal reform - Rape The penalty for causing “hurt or fear of death or hurt” withinthe marriage (a maximum of five years) is much less than thepenalty of rape, which is not less then five years and not morethan twenty years, and shall also be liable to whipping. The Malaysia Parliament Select Committee had concludedthat marital rape could not be made an offence, as that wouldbe inconsistent with the Sharia law.Rape with an object In the Penal Code, rape with an object is not considered rape– this is deal in section 377, which is consider an “unnaturaloffence” 22
  23. 23. Legal reform – Sexual Harassment There is not Sexual Harassment Act in Malaysia. In 1999, a Code of Practise on the Prevention and Eradication ofSexual Harassment in the Workplace was launched. However, this code is only voluntary for employers to follow. Between1999 and 2011, only 1,671 employers nationwide had implemented thecode. In October 2011, an Employment Amendment Bill was passed withnew provisions which compel employers to examine claims of sexualharassment at the risk of facing a fine if the complaints are ignored.Area of concerns The law allows the employer to decide whether or not an inquiryshould be conducted. If the employer refused to hold the inquiry thecomplainant can refer the case to Director General (DG) of the labourdepartment. The DG review the case and instruct the employer toconduct the inquiry. 23
  24. 24. Legal reform – Sexual Harassment The law is silent about the right of appeal a decision of the employeror DG not to conduct the inquiry or decision following an inquiry to thecomplainant. There is no possibility of compensation or an apology to victims ofsexual harassment. In the case of an inquiry and the employer finding that sexualharassment take place, the perpetrator may dismissed, downgraded, orreceive a “lesser punishment” as the employer think fit. If perpetrator isnot an employee, the employer shall recommend that the person to bebrought before an appropriate disciplinary authority. If the perpetrator isa contract worker or visitor to a workplace, there is no punishment. The inclusion of sexual harassment in the employment amendmentis a superficial way disregards the rights of the victims anddemonstrates lack of understanding of complexities of sexualharassment. 24
  25. 25. Thank you 25

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