RANGKAIAN Solidariti Demokratik Pesakit Mental (Siuman) is perturbed by the recent news of a deaf e-hailing driver allegedly being assaulted while working near KL Sentral on May 228.

According to his account, the 46-year-old driver was punched in the face by a “VIP bodyguard”, resulting in a soft tissue injury, which was diagnosed and treated at Kuala Lumpur Hospital. He was advised to file a police report, where he was eventually given two options: to have his phone confiscated if he decided to proceed with the case, or to drop the case and be compensated. Under duress, the deaf driver opted for the second option. During his visit to the police station, he was left unattended for hours, given no explanation as to why his phone was inspected for an extended period, and given no immediate access to a sign language interpreter to communicate and defend himself.

Siuman would like to draw attention to the glaring gaps in accessing justice for Persons with Disabilities (PWDs) as highlighted by this case. A disabled complainant’s right to communicate was withheld through action (confiscation of the phone as assistive technology) and omission (unavailability of a competent sign language interpreter or other reasonable accommodations). Access to justice is a fundamental human right, enabling everyone, including PWDs, to live a dignified life. This case and many others point to an urgent need to address the gaps in accessing justice for PWDs.

The gaps in protection mentioned in the Malaysian Deaf Advocacy and Wellbeing Organisation’s (DAWN) statement affect all PWDs. Even though Malaysia enacted the Persons with Disabilities Act in 2008, universal access, reasonable accommodations, and discrimination protections are not mandated in any area of life. Section 30(3) of the PWD Act states: “The Government and the private sector shall accept and facilitate the use of Malaysian Sign Language, Braille, augmentative and alternative communication, and all other accessible means, modes and formats of communication of their choice by persons with disabilities in official transactions.”

However, Section 41 of the same Act precludes the government and state bodies from any remedial or court actions by stating: “No action, suit, prosecution or other proceedings shall lie or be brought, instituted or maintained in any court against the Government… in respect of any act, neglect or default done or committed by him or it…” This is further supported by Section 42 of the Act, which states: “The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Government… in respect of any act, neglect or default done or committed by it…”

This clearly highlights the jarring contradiction and reluctance of the state to uphold disability rights.

Furthermore, Article 8(2) of the Federal Constitution on discrimination does not mention disability. The Federal Constitution was amended in 2001 to include gender as part of our obligations under the Convention on the Elimination of All Forms of Discrimination against Women. However, the same was not initiated for disability after Malaysia ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2010.

We have also arguably failed to domesticate the CRPD and its principles in Malaysian legislation. We had no reservations on Article 13 of the CRPD (Access to Justice), but it is apparent that we have not operationalised it. This all needs to change, and justice must be accessible to everyone throughout the whole process. The International Principles and Guidelines on Access to Justice for Persons with Disabilities offers practical suggestions for the state to design and implement justice systems that provide equal access to justice for PWDs.

Multiple administrations have excluded PWDs from meaningful social participation in all areas of life, ignoring the promotion and protection of disability rights. We call upon the State and state actors to view this incident with urgency and proactivity to ensure the rights of PWDs in Malaysia are protected.

Pursuant to that call to action, Siuman has made several recommendations in the Universal Periodic Review  process, which we hope will lead to better discrimination protections and mandated reasonable accommodations via policies and laws. All our materials and references can be downloaded here.

Our collective stands in solidarity with DAWN, our deaf peers, and the deaf community. – June 5, 2024.

* Rangkaian Solidariti Demokratik Pesakit Mental is a network of lived experience advocates for equity and equality.  

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.