IDPD 2024-Boleh Space, DAWN & SIUMAN – Starting An Inclusive Legal Reform With The Federal Constitution

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Joint Statement: Starting An Inclusive Legal Reform With The Federal Constitution

Produced by Boleh Space, DAWN & SIUMAN, International Day of Persons with Disabilities, 3 December 2024

Congratulations to our Prime Minister, Datuk Seri Anwar Ibrahim on the recent 2 years celebration of the #MalaysiaMADANI. However, it’s time to acknowledge the harsh reality that the OKU Community remains marginalised and excluded under this “MADANI” and “Unity” government. The OKU Community do not have the same rights as other Malaysians, and it’s unacceptable that we’re not protected under our country’s constitution. We’re treated as second-class citizens, lacking legal and social protection. It’s imperative that we address this inequality and ensure the OKU Community receives the respect and dignity they deserve.

  1. We, the OKU Community, beginning more than two decades ago, have been fighting and continue to fight for a legally binding promotion, protection and fulfilment of the rights of OKU in Malaysia; starting with the work done by members of the National Advisory and Consultative Council on the Disabled (NACCD) between 2000 and 2002; to the call to amend Article 8(2) and Article 12(1) as well as the amendment of the Persons with Disabilities Act 2008 and the full ratification of the Convention for the Rights of the Persons with Disabilities (CRPD) made by BANGKIT 2012 campaign. 
  2. In 2018, a group from the OKU Community, their families, and supporters gathered at the Taman Jaya municipal lake park, urging the government of the day to replace the Persons with Disabilities Act 2008 with more meaningful legislation. The group, calling themselves Harapan OKU Movement, wants the Federal Constitution to be amended to prohibit discrimination on the grounds of disability to better protect OKU rights.
  3. Recently, the Bar Council Ad Hoc Committee on Persons with Disabilities also made a similar call to amend Article 8(2) and Article 12(1) to include OKU as a protected class from any form of discrimination. 
  4. We, the OKU Community, feel that the amendment of Article 8(2) and Article 12(1) of the Federal Constitution of Malaysia, to include OKU as one of the protected classes should and must not be prolonged any longer. As the supreme law of this beloved country, the article on equality must truly encompass all Malaysians, including OKU.
  5. Moreover, the MADANI Government should repeal all provisions in the Federal Constitution that contain the phrase “unsound mind”, urging the MADANI Government to shift away from such archaic terms and provisions, which are not based on medically sound arguments.
  6. The Human Rights Commission of Malaysia (SUHAKAM) in a statement today further call to lifting the reservations to Articles 15 (freedom of torture or cruel, inhuman or degrading treatment or punishment) and 18 (liberty of movement and nationality) of the CRPD.
  7. Equally important is for the MADANI Government to ensure direct and meaningful engagement and consultation with OKU and their representative organisations throughout the amendment process. Liberatory Philosophy, language and local socio-cultural contexts are important in drafting inclusive legislation or policy. This can only happen when the government engages with the beneficiaries, which in this case, is the OKU Community.
  8. The consultations concerning Article 8(2) and Article 12(1) amendments can and should be done alongside the legislation auditing of more than 3,000 old laws as previously announced by the Prime Minister in his 2025’s Budget presentation speech.
  9. We, the OKU Community, view that the amendment of Article 8(2) and Article 12(1) of the Federal Constitution to include OKU as one of the protected classes from any form of discrimination can be the impetus for the review and amendment of other laws so these laws are meaningfully aligned with the human rights-based paradigm.

Amending the Federal Constitution to formally recognise our equality is a crucial first step towards realising Disability Rights and creating a truly inclusive and sustainable future for all.

For the full document with citations/references, you may refer here.

If you would like to endorse our call for the Federal Constitution amendment to include OKU, you may fill the form below. You will need to verify your email address too.

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