At the Women’s Rights Conference 2026, themed “Together, We Create PowHER”, (organised by the Bar Council Women’s Rights Committee) on 29 April 2026, the Malaysian Bar reaffirmed its commitment to advancing women’s rights, dismantling structural inequality, and ensuring that the promise of equality under the Federal Constitution (“FC”) is realised for all.
When the Government ratified the Convention on the Elimination of All Forms of Discrimination against Women (“CEDAW”) in August 1995, it did so subject to reservations contrary to the object and purpose of CEDAW. Over the past three decades, the Government took steps towards the withdrawal of several reservations and the introduction of constitutional and legislative reforms to align with CEDAW, which only came after continued advocacy by the Malaysian Bar, the Human Rights Commission of Malaysia (Suruhanjaya Hak Asasi Manusia Malaysia, “SUHAKAM”) and women’s rights organisations.1 However, some reservations remain despite being incompatible with the FC. These reservations are inconsistent with the constitutional guarantee of gender equality enshrined in Article 8(2) of the FC, which expressly prohibits discrimination on the grounds of gender. They must be withdrawn forthwith.
The Malaysian Bar’s position aligns with the recommendation of the United Nations Committee on CEDAW, which recommended that the Malaysian Government withdraw these remaining reservations within a defined time frame2 upon review of the Government’s sixth periodic report. The Government’s remaining reservations to Articles 9(2) and 16(1)(a), (c), (f), and (g) are contrary to the object and purpose of CEDAW pursuant to Article 28 of the same. Furthermore, such reservations are also contrary to Article 19(c) of the Vienna Convention on the Law of Treaties.
Equality is not aspirational; it is a constitutional imperative. The continued existence of these reservations undermines public confidence and delays the realisation of substantive gender equality. It is only a matter of time before these reservations are subject to constitutional challenge.
The Government must further ratify the Optional Protocol to CEDAW to demonstrate its commitment to accountability, transparency and the international protection of women’s rights.3
The Malaysian Bar urges the Government to act decisively and proactively to give full effect to the guarantee of equality under Article 8(2) of the FC.
There is no better time than the present.
Anand Raj
President
Malaysian Bar
30 April 2026
1 “Recommended List of Voluntary Pledges and Commitments for the Malaysian Government to Adopt for Election to the United Nations Human Rights Council 2010-2013”, submitted by the Malaysian Bar Council and the Coalition of Malaysian Non-Governmental Organisations for the Universal Periodic Review Process (COMANGO), 13 April 2010; “SUHAKAM’s Report on the Status of Women’s Rights in Malaysia”, SUHAKAM, 2010, (pg 7-13); and “Statement by Mr. Zahid Rastam, Counsellor, Permanent Mission of Malaysia to the United Nations on Agenda Item 28: Advancement of Women of the Third Committee of the 65th Session of the United Nations General Assembly”, New York, 11 October 2010.
2 “Concluding Observations on the Sixth Periodic Report of Malaysia”, United Nations Committee on the Elimination of Discrimination against Women, 6 June 2024.
3 “Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women”, Resolution Adopted by the General Assembly, United Nations, 15 October 1999.