ERT Publishes Washing the Tigers: Addressing Discrimination and Inequality in Malaysia

London, 12 November 2012

Today, The Equal Rights Trust (ERT), in partnership with Tenaganita, publishes Washing the Tigers: Addressing Discrimination and Inequality in Malaysia. The report, which is the second in ERT’s country report series, is the first ever comprehensive account of discrimination and inequalities on all grounds and in all areas of life in Malaysia. It is based on extensive field research and makes a set of detailed recommendations for reforms to law, policy and practice on equality and non-discrimination.

The report is published as Malaysia lives in anticipation of change. On 28 April 2012, thousands of people took to the streets of Kuala Lumpur in Bersih 3.0, the biggest mass opposition rally in Malaysia’s history. The protesters demanded “cleansing” of Malaysia’s electoral system, which favours the coalition that has been in power since Malaysia’s independence in 1957. Although this rally was violently suppressed, as were previous ones in recent years, the desire for reform appears undiminished.

Washing the Tigers finds that the problems which the Bersih movement identifies with the political system are symptomatic of deep-rooted inequalities which limit people’s rights and aspirations in this Asian Tiger nation.

The Bumiputera continue to benefit from decades-old affirmative action policies that have outlived their legitimacy. Discrimination based on religion is widespread and religious dissent is punished. LGBTI persons suffer criminalisation and persecution. Refugees and domestic workers are struggling for survival on the margins.

The report is available in print as well as online.


To read Washing the Tigers, please click here.

To read separate parts of the report, click on the part titles below:

FRONT COVER

LEAD QUOTES

TABLE OF CONTENTS

ACKNOWLEDGEMENTS     

ACRONYMS     

EXECUTIVE SUMMARY 

1. INTRODUCTION
1.1 Purpose and Structure of This Report    
1.2 Conceptual Framework and Research Methodology    
1.3 Country Context    
1.4 Government and Politics    

2. PATTERNS OF DISCRIMINATION AND INEQUALITY     
2.1 Racial and Ethnic Inequalities    
2.2 Discrimination against Indigenous Groups
2.3 Gender Inequalities    
2.3.1 Discrimination against Rural and Indigenous Women
2.4 Discriminatory Patterns Related to Religion
2.5 Discrimination Based on Sexual Orientation and Gender Identity
2.6 Disadvantages Suffered by Persons Living with HIV/AIDS
2.7 Inequalities Affecting Children
2.8 Inequalities Based on Disability    
2.9 Discrimination against Non-Citizens
2.9.1 Asylum-Seekers and Refugees
2.9.2 Migrant Workers
2.9.3 Migrant Domestic Workers
2.9.4 Fundamental Rights
2.10 Discrimination on the Basis of Political Opinion
2.11 Other Patterns of Discrimination and Disadvantage

3. THE LEGAL AND POLICY FRAMEWORK RELATED TO EQUALITY
3.1 International and Regional Law
3.1.1 Major United Nations Treaties Relevant to Equality
3.1.1.1 Convention on the Elimination of All Forms of Discrimination against Women
3.1.1.2 Convention on the Rights of the Child
3.1.1.3 Convention on the Rights of Persons with Disabilities
3.1.2 Other Treaties Related to Equality
3.1.3 Status of Treaties in National Law
3.1.4 Regional Instruments
3.2 National Law    
3.2.1 The Federal Constitution
3.2.1.1 Article 8 of the Federal Constitution
3.2.1.2 Article 12 of the Federal Constitution
3.2.1.3 Affirmative Action under the Federal Constitution
3.2.2 Specific Equality and Anti-discrimination Legislation
3.2.2.1 Persons with Disability Act 2008
3.2.3 Non-discrimination Provisions in Other Legal Fields
3.2.3.1 Criminal Law
3.2.3.2 Family Law
3.2.3.3 Domestic Violence Law
3.2.3.4 Employment Law
3.3 National Policies Impacting on Discrimination and Inequality
3.3.1 Economic Policies
3.3.2 National Culture Policy
3.3.3 National Women Policy
3.3.4 National Social Welfare Policy
3.3.5 National Policy for the Elderly
3.3.6 HIV/AIDS in the Workplace Code
3.3.7 National Social Policy
3.4 Enforcement and Implementation
3.4.1 Enforcement
3.4.2 Jurisprudence on Equality and Non-discrimination
3.4.3 Implementation Practices

4. CONCLUSIONS AND RECOMMENDATIONS
4.1 Conclusions
4.2 Recommendations    

Bibliography     

BACK COVER

Country: 
Type: