The Committee refers to the New Sunday Times’report on 4 May 2008
“Proposal to protect ‘fly alone’ women: Have letter will travel”.
The Foreign Ministry’s proposal is unduly paternalistic, and effectively
violates the freedom of movement to leave one’s country found in Article 12(2)
of the International Covenant of Civil and Political Rights 1966.
Malaysia, as a party to the Convention on the Elimination of All Forms of
Discrimination Against Women 1979, is bound to adopt a ‘rights-based approach’
aimed at empowering women as opposed to imposing unnecessary fetters on their
lives.
The proposal is discriminatory as it has the effect of hampering the equal
exercise or enjoyment by women, on the same basis as men, of their rights and
fundamental freedoms in all spheres of life. Article 15(4) of the Convention
clearly requires Malaysia as a State Party to the Convention to “accord to men
and women the same rights with regard to the law relating to the movement of
persons”. Article 8 of the Federal Constitution outlaws gender discrimination in
any law.
This means that Malaysia is obliged to ensure that women are not disadvantaged
because they are women. While a woman’s freedom of movement is being curtailed,
there is no concomitant guarantee that the mischief which is sought to be
eliminated will not recur.
The Ministry’s ‘paternal approach’ is inherently limiting as it accepts the
traditional and patriarchal discourses that construct women as weak, inferior
and incapable of decision-making. To treat women only as victims is to deny that
women, like men are thinking and acting decision-makers, something that must be
respected and understood if women are to be made participants of their own
destiny.
The proposal merely shifts the burden and responsibility of the problem on
women. Instead, the Ministry should focus on equipping everyone by education and
awareness programmes in learning how to identify the dangers which is being
sought to be eliminated.
The Ministry’s proposal is a bad idea and should be withdrawn.
Dated this 6th day of May 2008
Human Rights Committee
Bar Council
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