JUDGES of Malaysia’s first-ever women’s tribunal said that the 26 women who testified last week have endured serious violations of their rights.

They collectively agreed that, although the violations were contextual according to each story, it showed the government’s failure to protect these women.

“What was common to all of them was the lack of adherence to the overarching constitutional guarantees of equality and non-discrimination,” Mary Shanthi Dairiam, one of the judges, said.

The former member of the UN Committee on the Elimination of All Forms of Discrimination against Women (Cedaw) referred to articles 8.1 and 2 of the Federal Constitution.

“Also, the non-recognition of the very foundation of the constitution, which is the basic structure doctrine,” she said.

Cis and transgender women struggling with various human rights infringements and violations gave their testimonies on November 26 and 27.

They spoke at Women’s Tribunal Malaysia, organised by the Joint Action Group for Gender Equality together with Engender Consultancy.

The women gave their evidence before judges Dairiam, co-founder of Sisters in Islam (SIS) Zainah Anwar and Undi 18 programme associate Nadia Malyanah.

“The problems originate from prevailing political culture and sociocultural norms that ignore these fundamental values and principles,” Dairiam said.

She expressed regret over the circumstances, because Malaysia acceded to the Cedaw in 1995.

She added that justice has not been served to these women – such as the case of M. Indira Gandhi who has been trying to recover her kidnapped child from her ex-husband for more than 12 years – as well as domestic worker Adelina Lisao, who died of organ failures due to negligence by her employer.

“The achievement of equality for women must be substantive.

“It requires not only formal legal equality, as provided for in article 8.1 of the constitution but also demands equality of results in real terms.

“In other words, the practical realisation of equal rights,” she said, referring to Cedaw article 2a.

Dairiam also said different groups of women face different and multiple forms of discrimination, hence, a contextual, intersectional and diversified approach is essential.

“Malaysia’s development strategies have to be assessed for their effectiveness in uplifting the most vulnerable from the cycle of intergenerational poverty they are trapped in,” she said. – December 4, 2021.