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Joint Media Statement: Starting An Inclusive Legal Reform With The Federal Constitution – Human Rights Day 2024

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Produced by Boleh Space, DAWN, SIUMAN & Damai Disabled Person Association. The original version of this statement was published on International Day of Persons with Disabilities, 3 December 2024

Heartiest 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 OKU1 Community remains marginalised and excluded under this “MADANI” and “Unity” government. The OKU Community do not have the same rights as other Malaysians, and this should not be allowed to continue. 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 we deserve.

  1. We, the OKU Community, since  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 20022; to the call to amend Article 8(2) and Article 12(1) of the Federal Constitution 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 campaign3. 
  2. In the year 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 rights4.
  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 discrimination5. 
  4. We, the OKU Community, view 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. Additionally, 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 CRPD6.
  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 speech7.
  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.

  1. “Orang Kurang Upaya (OKU)” is Persons with Disabilities (PWDs) in Malay Language. ↩︎
  2. Low, H.P. (2013/2014). Empowering Persons with Disabilities Act 2008. Academic Exercise. Faculty of Law, University of Malaya. ↩︎
  3. Gerakan Bersama Kebangkitan OKU 2012 (2012). Memorandum BANGKIT 2012. ↩︎
  4. The Star (Jul 2, 2018). Group: Do away with People with Disabilities Act. ↩︎
  5. Press Release | Rights Unseen: The Urgent Need to Include “Disability” in Malaysia’s Federal Constitution ↩︎
  6. SUHAKAM (Dec 3, 2024) Legal Reforms and Upholding the Rights of Persons With Disabilities ↩︎
  7. BERNAMA (October 18, 2024). Govt to Form Legislative Reform Team to Review Existing Laws – PM Anwar ↩︎

Read and download the full statement in PDF https://bit.ly/3VupHew

Endorsed by;
Organisations
1. Persatuan OKU Sentral
2. Persatuan Kebajikan Masyarakat Warga Istimewa Malaysia
3. Dual Blessing
4. North South Initiative
5. HAYAT
6. Health Equity Initiatives
7. Sustainable Development Network Malaysia (SUSDEN Malaysia)
8. Demokrat UKM
9. Suara Siswa UiTM
10. Demokrat UM
11. AKSI: Malaysia
12. Lawyers for Liberty
13. Pemuda Sosialis
14. All Women’s Action Society (AWAM)
15. Autism Inclusiveness DIrect Action Group (AIDA)

Individuals
1. Yana Karim, Disabled Disability Rights Advocate, Boleh Space Co-Founder
2. Hasbeemasputra Abu Bakar, Disabled Disability Advocate
3. Subatra Jayaraj, Reproductive Justice Advocate
4. Adrian Pereira, North South Initiative
5. Shawn Sharif, Patient Advocate
6. Ng Lai-Thin, Disability-inclusion advocate, Member of The OKU Rights Matter Project
7. Jonah Ong, Vice President JUPEBIM
8. Lucy Lim , President JUPEBIM
9. Bathmavathi Krishnan, Former Senator representing PWD at Upper House, Parliament
of Malaysia (2013-2016; 2016-2019)
10. Annie Ong, Advokasi Pekak, President National of Organisations Bahasa Isyarat Malaysia Instructors (NowBIM)
11. Ahmad Daniel Sharani
12. Tashny Sukumaran, 5050Malaysia.com
13. Christine Lee, Co-Founder, Barrier-free Environment and Accessible Transport (BEAT)
14. Elizabeth Ang, Polio Survivor
15. Shazrean Shah bin Saptu, Sabah Creative Economy & Innovation Centre (SCENIC)
16. Muhammad Sha’ani bin Abdullah
17. Yia Hua Jern, Physician
18. Sya A., Autistic and Disability Rights Advocate
19. Arifah Badlishah, Disability-inclusion Advocate
20. Ahneez Abdul Hameed
21. Samantha Teh
22. Kamariah Rahmah
23. Viviantie Sarjuni, President Chevening Alumni Malaysia
24. Yuenwah San, disability-ageing-gender intersectionality advocate; Co-Founder-Member, The OKU Rights Matter Project
25. Prof Emeritus Dr Mohd Nazari Ismail
26. Tasneem Nazari
27. Ean Nasrun
28. Tay Chia Yi, Speech-language Therapist, Malaysian Association of Speech-language & Hearing (MASH)
29. Shafiqa S., Autistic and Disability Rights Advocate
30. Dr Dylan Williams, Clinical Psychologist
31. Beverly Joeman, human rights activist & hearing-aid dependent
32. Stephen Hanlon, Co-founder Rojak Culture
33. Shazrean Shah bin Saptu, Sabah Creative Economy & Innovation Centre (SCENIC)
34. Muhammad Sha’ani bin Abdullah
35. Nadhir Nasir, Independent consultant and researcher
36. Dr Naziaty Yaacob, polio survivor and person with multiple disabilities; accessibility and mobility advisor-cum-trainer; former member, Majlis Kebangsaan Orang Kurang Upaya (MBOKU) 2008-2012; and former Associate Professor of architecture, University of Malaya
37. Amanda Shweeta Louis
38. Durrah Sharifah Ahmad Azlan
39. Beatrice Leong, Gender – Disability Activist, Founder Autism Inclusiveness Direct Action Group, Documentary Filmmaker