Putrajaya Declaration +5: Re-visiting Decision-making, VAW and Gender Mainstreaming in Malaysia

Putrajaya Declaration +5 Roundtable : Progress towards Empowerment of WomenCecilia Ng Choon Sim20 - 21 July 2010Kuala Lumpur

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Objectives Based on the recommendations of the Putrajaya

Declaration 2005 document progress in: Women in power and decision-making Violence against women Gender mainstreaming

Examine and discuss extent of progress Identify gaps and challenges Provide recommendations to close gaps Caveat – mainly secondary literature and UN report

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Women in Power and Decision Making: Equal Participation, Democracy and Quality Growth

Equal participation of women and men in decision-making will provide a balance that more accurately reflects the composition of society and is needed in order to strengthen democracy and promote quality growth. However, little progress has been made in attaining positions of political power for women and they are largely under-represented in almost all sectors and at all levels of decision-making, including in the Government. The increased participation of women at the decision-making level is essential to the empowerment of women

Women in Power and Decision Making: Commitments

Policy Formulation and implementation Formulate and adopt policies to increase participation and

representation of women in all government bodies with the view to achieving equal representation of women

Adopt affirmative action policies to increase the proportion of women at the decision-making level, at least to a minimum 30 percent in both public and private sector bodies including in the legislatures

Administrative ‘tweaking’ Review the criteria and process of appointment to decision-

making bodies in the public and private sectors to encourage increased women’s participation and representation

Women in Power and Decision Making: CommitmentsTaking Appropriate Measures (general) Take measures, as appropriate, to ensure that political

parties, trade unions and all other private sector bodies commit themselves to women’s equal access to and full participation in power structures and decision making at all levels

Training and Education Raise awareness among women and men on the importance

of women’s participation in decision making processes at all levels in political, economic and financial sectors

Develop leadership training programmes for women, especially for young women, to enable them to exercise responsibilities at all levels

Women and Politics: Current Situation

Representation of Women and Men in Political Life, Malaysia 1990-2008

Source: Election Commission of Malaysia

1990 1995 1999 2004 2008

Elected Members of ParliamentWomen 9 13 20 22 24

Men 162 166 173 197 202

Women as proportion of total (%) 5.3 7.3 10.4 10.1 10.81

Appointed Members of SenateWomen 10 11 14 19 17

Men 45 57 48 38 53

Women as proportion of total (%) 18.2 16.2 22.6 33.0 24.3

Elected Members of State Legislative AssemblyWomen 15 24 28 36 40

Men 428 474 443 531 465

Women as proportion of total (%) 3.4 4.8 5.6 6.3 7.92

Women and Decision Making: Current Status

Women in top management positions in the public sector increased from 6.9% in 1995 to 30.5% in 2010 (10MP); move towards gender parity?

Private sector, women accounted for only 6.1% of Malaysia’s corporate directors and 7.0% of CEOs in Bursa Malaysia’s largest 100 companies in 2008

From 2005 to 2009, female board representation in GLCs has maintained between 11.0% -14.0%

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Current Policy Formulation and Implementation

Ninth Malaysia Plan – policy objective of at least 30% women in decision-making; NPW and10th Malaysia Plan – similar pronouncements

Policy research on 30% (2007-2008): Action Plan to address three key factors (‘triple whammy’) inhibiting women’s participation still in limbo – glass ceiling, work-life balance and the ‘invisible woman’

Only one political party (PKR) has amended constitution to have 30% of women in decision-making positions

Women 40% of Exco in Selangor; Selangor state government: directive of at least 30% women in decision-making positions;

Selangor and Kelantan – 90 days maternity leave; Selangor – 14 days paternity leave, 30 days compassionate leave

Penang appointed first woman heading a local authority

Current Policy Formulation and Implementation

Taking appropriate measures (at least) 30% policy is voluntary, no sanctions Institutions, sectors and political parties not obliged

to comply, not committed

Training and Education On going leadership training programmes under

HAWA Gender sensitisation workshops for

parliamentarians, ADUNS and senators Women’s NGOs – continuous programmes

Challenges Power constellations not critically addressed; intersectionality

of gender, class, ethnicity, sexuality, age and region Who decides and whose interests are being served? Who is

in and who is out? Question of good governance, democracy, social and gender

justice Execution of principles of good governance and gender justice in

relation to structures, processes (relations) and mechanisms Opening up of democratic space (BN vs Pakatan) Practice of participatory leadership

Relationship between state and civil society State can be a powerful instrument equality but it is also a

machine which reproduces inequality. Gender regime still masculinist

Open and transparent engagement with civil society

Women in Power and Decision Making: Recommendations

Implement immediately 2008 Action Plan towards at least 30% women in decision-making (regulatory, structural and cultural arenas) with move towards gender parity

Enforce quotas by way of reserved seats, legislative quotas and political party quotas (CEDAW temporary measures)

Enforce quotas of gender parity in public and private sectors Train and expose women in politics and public office Conduct ongoing gender sensitisation programmes for elected

reps and the public Push implementation/practice of good governance and social

justice principles (governance of gender and gender of governance)

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Violence against Women: VAW as Human Rights Violation/Changing

Power Relations

Violence against women is an obstacle to the achievement of the objectives of equality, development and peace. Violence against women violates and impairs and/or nullifies the enjoyment by women of their human rights and fundamental freedoms. Combating violence against women requires changing the way gender roles and power relations articulated in society.

Violence against Women: Commitments

Review and amend all discriminatory laws Provide trainings to address gender-based

violence Enact and enforce legislation Document and disseminate good practices Establish monitoring mechanisms Support collaborative relationships with civil

society

Violence Against Women: Current Status

Violence against Women Cases in Malaysia (2000-2009)Type of Violence/year

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

Domestic violence

3468 3107 2755 2555 3101 3093 3264 3756 3769 3643

Rape 1217 1386 1431 1479 1760 1931 2431 3098 3409 3626

Incest 213 246 306 254 335 295 352 360 334 385

Outrage of Modesty

1234 1393 1522 1399 1661 1746 1972 2243 2131 2110

2000 - 2007: Collated by KANITA; 2008 and 2009 from “Reply in Dewan Rakyat “

Violence Against Women:Sexual Harassment Unwanted and unwelcome sexual conduct that leads to a

hostile and intimidating work environment 2000-2001 research found that 35% of 1,483 respondents

experienced one or more forms of SH 2005 UM research team found more than half of 657 women

respondents experience at least one form of SH Code of Practice (private sector)

Voluntary, thus ‘no teeth’ No monitoring and evaluation of orgs that have adopted it Women’s groups have lobbied for a SH Act since 2001 Response from MWFCD and MOHR conflicting Pressure from Malaysian Employers Federation not to legislate Current status: to amend EA to make it mandatory for employers to

investigate complaints

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Violence Against Women:Domestic Violence 2000 (3,468) - 2007 (3,756) data shows

increase in cases, most reported within the seven years with 25,099 cases

Domestic Violence Act 1994 Women’s groups monitored the effectiveness of

systems and structures and called for reform since 1998 To address nature of the crime, such as repeated assaults

in the Penal Code To recognise marital rape To call for service providers and legislators to take on a

zero-tolerance policy towards DV

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Violence Against Women:Rape Only 1 out of 10 survivors report rape Disturbing trends in the reports:

Assailants are of younger age Young girls are increasingly targeted Rape of women in custody Increased number of rape of children Rape of girls and women by person in positions of trust

and authority Extreme violence used

Recent tension between state and civil society (Penan case)

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Violence Against Women: State Response Legislation

DVA in the midst of being amended Amendment to EA (1955) tabled in Parliament – July 2010 and

critiqued by both women’s NGOs and MEF Programmes

VAW issues incorporated into the National Service curriculum MOHR and MWFCD disseminate info on VAW and offer

counseling services for VAW complainants MOHR conducts SH programmes for companies UNFPA, NGOs, MWFCD and UM established programme in

partnership with men to prevent and to end GBV Rights based empowerment programmess targeted at

marginalised women i.e. with HIV to end VAW

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Violence Against Women: Issues and Challenges

Ineffectiveness in bringing perpetrators to court WCC’s five year research on sexual crimes showed that 45% of court

cases did not go full trial, those contested, only 4% result in conviction AWAM’s research showed that only 10% of reported rapes result in

conviction of rapists in the Federal Territories Access to legal system and public institutions

Women’s lack of financial independence, mobility and exposure to issue Assurance that women do not suffer poverty and indignity as a result of

speaking up Socio-cultural perception of survivors of VAW

Availability of data 2009 onwards RMP statistics on VAW no longer available to MWFCD for

trend monitoring

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Violence Against Women: Recommendations

Amend DVA Enact a SH Act Continuous awareness raising and

monitoring/research on VAW issues Adopt zero tolerance policy for VAW Provide gender sensitisation training to judges,

police and service providers to improve services Provision of safe environment for women e.g.

gender friendly cities concept

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(Effective) Gender Mainstreaming: Critical to Women’s Empowerment

and Gender Equality

Gender mainstreaming in all legislation, policies, and programmes is an essential process to women’s empowerment and their full participation in all spheres of society. It facilitates the integration of women’s differing experience and needs into the development process, as well into the society and helps to change the negative social norms that discriminate against women. NAM member States recognise that effective gender mainstreaming is critical to the empowerment of women and to the achievement of gender equality.

Gender Mainstreaming: Commitments Take all necessary measures to eliminate

discrimination Implement affirmative actions Raise awareness about women’s rights Establish benchmarks, indicators and sex-

disaggregated data bases Strengthen national machineries and

provide them with resources Recognise role of civil society and

encourage interaction and cooperation

Malaysia’s CommitmentsInternational Cairo Programme of Action of the International Conference on

Population and Development (ICPD) 1994 4th World Conference on Women, Beijing Platform for Action

1995 Convention to the Rights of the Child (CRC) 1995 Convention on the Elimination of All Forms of Discrimination

against Women (CEDAW) (with reservations) 1995 Committed to work towards the MDGs by 2015National Constitution Article 8 (2): prohibits any form of gender

discrimination 2nd National Policy on Women and Action Plan in 2009

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Legal, Regulatory and Policy Framework Legal Reforms (mostly pre-2006) Amendments to guardianship, land ownership,

income tax and pension allocation laws

Legal and policy responses on VAW Reforms in Laws regarding rape 1989, 2006 Enactment of Domestic Violence Act 1994 Code of Practice on the Prevention and Eradication of

Sexual Harassment in the Workplace 1999, extended to the public sector in 2005; proposed amendments to EA (1955) in 2010

National Steering Committee on VAW and various Technical Working Groups in early 2000s

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Policy FrameworkNational Policies on Women

National Policy on Women (1989, 2009) Women vital economic resource and to integrate as equal partners in nation

building 9th Malaysia Plan (2006-2010)

Efforts to enable women’s effective participation in national development 10th Malaysia Plan (2011 – 2015)

Key agenda: Empowering women to enhance their economic contribution

Government will increase its efforts towards addressing issues confronting women to enable them to realise their full potential and participate more effectively in the economic and social development of the country

Essential that women are given the right opportunities, environment and mindset so that they can participate and contribute in the various fields of national development

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Institutional FrameworkParliamentary level 2005 Cabinet Committee on Gender Equality

Ministerial Level (ongoing) Ministry of Women, Family and Community

Development (2001) Gender Focal Points in all Ministries (gender mainstreaming

function) Pilot Gender Budgeting with five Ministries in 2003

Department of Women’s Development (2004) VAW, income generation, health and leadership programmes Target VAW trainings for men in 2010 Gender awareness sessions with Senators and

Parliamentarians

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Data Collection and Dissemination MWFCD annual gender disaggregated

information system (GDIS); Malaysia’s gender gap index, surveys and research Data coverage needs to be expanded Ethnicity data not included Data on poor by gender, rural women not

available Surveys and research findings need to be in the

public domain Methodological issues e.g. paid and unpaid work

(recent census – worked in past seven days)

Policy/institutional gaps Cabinet C’tee ‘downgraded’ under the National Social Council – as part of

National Social Policy under the DPM VAW Steering C’tee and Technical Working Groups- apparently dormant Gender budgeting only in MOH and MWFCD Gender Focal Points not fully functional Gender mainstreaming not fully in place, if at all. Still ad-hoc. Line Ministries

interviewed say their policies are ‘gender neutral’ New Economic Model – Part 1- not gender-responsive 10th Malaysia Plan – a slight shift in rhetoric but women still seen as ‘objects’ of

economic development; paradigm of being labour market driven rather than rights based; Gender has to be analysed as relational, and rights-based not merely functional

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Recommendations Conduct full audit of laws to repeal gender discriminator provisions Formulate and implement a Gender Equality Act

To enable execution of CEDAW in national laws Pass Sexual Harassment Law; Speed up amendments to DVA Implement comprehensive gender mainstreaming policy and action plan

to cover all sectors in the country (including gender responsive budgeting) –this to be integrated into the four pillared framework of the state

Driving the Gender Focal Points in Ministries; clarity of mandate Gender sensitive research/survey methodology (ESCAP) But effective GM is about transformation – it is ideological, political,

values-based and technical - towards social and gender justice; national machineries to be strengthened and to be accountable; line ministries to be committed

Concluding Comments Some progress but slow – not sufficiently deep and

substantive, time frame not adhered to Issues of complex power constellations need to be addressed Lack of political will; gender regime still masculinist but state

historically patriarchal Principles of good governance, social and gender justice to be

internalised and monitored Rights-based approach

State has to uphold citizen’s rights Need to open up democratic space and equitable distribution of

resources Negotiate politics of recognition, redistribution and

representation within era of neo-liberal globalisation

Concluding Comments

The 2010 Asia-Pacific Human Report (UNDP, 2010) noted that “in every country across Asia and the Pacific, pervasive gender inequality remains a barrier to progress, justice and social stability”. It underscored the point that despite growth in the region, gender inequality has cut even deeper for poorer and marginalised groups

We live in a period of crisis and uncertainty Is an alternative development paradigm possible?

Thank You