A GROUP championing mental health among workers has chided the Human Resources Minister V. Sivakumar over his statement that no specific legislation was needed to protect people with disabilities (PWDs) in the workplace. 

Rangkaian Solidariti Demokratik Pesakit Mental (Siuman) said the minister seemed to be unaware of the second-class citizen status of PWDs in Malaysia and the lack of existing protections for them in any area of life.  

“In his parliamentary answer, and during the subsequent press conference, the minister indicated that only eight cases of discrimination have been reported, and none of these involve PWDs.  

“The comment fails to appreciate the existing gaps in protections in the Employment Act, where discrimination is not defined, and that existing protections are highly limited as they do not extend to pre-employment such as during the hiring process.  

“Without pre-employment protections, PWDs are often subjected to discrimination during the hiring process and any discrimination experienced would not be reported or accounted for,” it said in a statement today.  

Siuman said the PWD Act 2008 (PWDA) mentioned the need for reasonable accommodation, accessibility based on universal design, and discrimination protections “to ensure to persons with disabilities the enjoyment or exercise of the quality of life and wellbeing on an equal basis with persons without disabilities”. 

Siuman said it wished to draw the minister’s attention to the fact that the Employment Act did not capture the spirit of the PWDA.  

“It should also be noted that the PWDA is also imperfect as it mandates no protections nor does it mandate universal access or reasonable accommodation in employment, or any other area of life,” it said.  

Siuman also said it wished to draw the minister’s attention to the Asean Declaration on Disability-Inclusive Development and Partnership for a Resilient Asean Community and Malaysia’s obligation with regard to it. 

The declaration supports the mainstreaming of rights of persons with disabilities to ensure their full participation in society and enable them to better contribute to the region’s growth. 

Siuman urged Sivakumar to call for a stakeholder meeting to better understand the challenges and discriminations faced by the PWD community. – October 17, 2023.