Media Statement Released on 3 December 2024
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Today, 3rd December 2024, marks the International Day of Persons with Disabilities (IDPD), which the United Nations General Assembly proclaimed in 1992. The day is dedicated to promoting the rights and well-being of persons with disabilities (OKU) and raising awareness of their challenges across all spheres of society.
It reminds us that persons with disabilities (OKU) are integral to our society. Yet, they face significant challenges in achieving accessibility and full inclusion in mainstream life. This year’s theme, “Amplifying the leadership of persons with disabilities for an inclusive and sustainable future,” highlights the vital role persons with disabilities play in building a diverse and inclusive world while urging action to break down barriers and promote equality.
In Malaysia, OKU refers to Orang Kurang Upaya (Persons with Disabilities), as defined by the Persons with Disabilities Act 2008. It is crucial to maintain this term in alignment with the language of the Convention on the Rights of Persons with Disabilities (CRPD), which focuses on recognising and addressing barriers that hinder full participation in society. The term “Orang Kelainan Upaya” (Persons with Different Abilities) deviates from this focus, potentially undermining the rights-based approach emphasised by the CRPD. Clarity on this terminology is essential to ensure harmony with international standards.
Although the Deaf community is recognised as a linguistic and cultural minority, they often face barriers to full accessibility and inclusivity due to various systemic issues. As a result, the Deaf community is also considered part of the OKU community to ensure their rights to accessibility, inclusion, and equal opportunities are fully upheld.
Malaysia Madani, introduced by Prime Minister Anwar Ibrahim on 19 January 2023, is a framework for Malaysia’s development that emphasises inclusivity, sustainability, and progress. Rooted in six pillars—sustainability, prosperity, innovation, respect, trust, and compassion—it envisions fostering equitable economic growth, environmental conservation, technological advancement, and cultural harmony. By promoting transparency, mutual respect, and care for marginalised communities, Madani aspires to build a resilient and progressive society while addressing challenges such as inequality, corruption, and environmental issues.
However, despite nearly two years since its introduction, the Deaf and OKU communities in Malaysia still face barriers to equal treatment and systemic injustices. One glaring example is the case of Mr Ong Ing Keong, whose assault case was dismissed in a manner that left many of us in the OKU community feeling unheard and unprotected. This raises an important question: are we truly living up to the spirit of “leaving no one behind”? Where is the justice, and how can the legal system be strengthened to protect and uphold our rights?
The enactment of the Persons with Disabilities Act 2008 (PWD Act) was a commendable step in recognising the rights of persons with disabilities. However, the law lacks enforceable provisions, leaving many of its principles unimplemented. This shortfall has prompted us to call for amendments to strengthen the law, making it legally binding and effective in protecting our rights. Despite years of advocacy, these amendments remain unrealised. How long must we continue to fight for equality and inclusion?
We have also called for amendments to Articles 8(2) and 12(1) of the Federal Constitution of Malaysia to include “disability” as a protected category, alongside gender, race, and religion. These changes would enshrine equality and non-discrimination for persons with disabilities in Malaysia’s supreme law, ensuring that our rights are upheld at every level of society.
Furthermore, it is crucial for the government to demonstrate its commitment to disability rights by signing the Optional Protocol to the Convention on the Rights of Persons with Disabilities (CRPD). By doing so, Malaysia would enable individuals with disabilities to access an international complaints mechanism when national systems fall short. The Optional Protocol would also empower the CRPD Committee to investigate systemic rights violations, spotlighting injustices that remain unresolved within the domestic framework.
Signing the Optional Protocol would send a powerful message that Malaysia is serious about upholding the rights of persons with disabilities. It would show that the government is ready to be held accountable internationally, reflecting the principle of “leaving no one behind” in action rather than just words. Without this commitment, the government’s promises under Malaysia Madani risk being seen as hollow declarations rather than a genuine effort to build an inclusive nation.
It is also essential that the Constitution, the Persons with Disabilities Act, and other relevant legislation are fully aligned and harmonised with the principles of the CRPD. Such alignment would ensure better accountability and inclusivity across all sectors, creating a legal framework that genuinely protects the rights of the OKU and Deaf communities.
The Ministry of Women, Family, and Community Development (KPWKM) has made efforts to support the OKU community through various programmes and initiatives. However, there is still significant room for improvement. Proactive measures, such as more vigorous enforcement mechanisms for the PWD Act and greater collaboration with advocacy groups, would amplify our voices and lead to meaningful change. It is not just about offering assistance but about empowering OKU individuals to lead independent and fulfilling lives.
To foster greater inclusion, society must move beyond charity-based approaches and embrace the principles of equality and partnership. We in the OKU and Deaf communities have repeatedly emphasised the importance of understanding our lived experiences, including the daily challenges we face in accessing education, employment, public services, and justice. Policymakers, institutions, and the public must listen to our voices, consult with our representatives, and involve us in decision-making processes. Only through genuine engagement and collaboration can we build a society that values and upholds the contributions of every individual.
As we reflect on this International Day of Persons with Disabilities, let us recommit to ensuring no one is left behind. We are not asking for pity or charity—we are demanding the respect, equality, and justice that every human being deserves. It is time for the government to match its words with actions. The OKU community is watching, and we will continue to fight for our rights until promises of inclusion and justice become a reality.
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