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

1. Putrajaya Declaration +5: Re-visiting Decision-making, VAW and Gender Mainstreaming in Malaysia Putrajaya Declaration +5 Roundtable : Progress towards Empowerment of Women Cecilia Ng Choon Sim 20 - 21 July 2010 Kuala Lumpur

2. 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 2

3. 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

4. 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

5. Women in Power and Decision Making: Commitments Taking 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

6. Women and Politics: Current Situation Representation of Women and Men in Political Life, Malaysia 1990-2008 Source: Election Commission of Malaysia

7. 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% 7

8. 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

9. 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

10. 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

11. 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) 11

12. 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.

13. 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

14. Violence Against Women: Current Status Violence against Women Cases in Malaysia (2000-2009) 2000 - 2007: Collated by KANITA; 2008 and 2009 from“Reply in Dewan Rakyat “

15. 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 15

16. 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 16

17. 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) 17

18. 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 18

19. 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 19

20. 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 20

21. (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.

22. 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

23. Malaysia’s Commitments International • 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 2015 National • Constitution Article 8 (2): prohibits any form of gender discrimination • 2nd National Policy on Women and Action Plan in 2009

24. 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

25. Policy Framework National 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 25

26. Institutional Framework Parliamentary 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

27. 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)

28. 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

29. 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

30. 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

31. 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?

32. Thank You