Page 22 - Mainstreamer e-Magazine 01 June 2022 - Final (4)

CRITICAL THOUGHTS
Universal Periodic Review (UPR): Another Approach to Protect the

Rights of Persons with Disabilities

Sarune
Beh

n Malaysia, the issue of Persons with Disabilities initiatives in protecting the rights of PWDs through
(PWDs) has attracted the country’s concern public policy making and engagements with the
Isince decades. This can be realized from the PWDs community to better understand the issues
improvements of the public policies that are faced by them.
related to the issue of PWDs, as well as from
the attention of the community. Currently, the Nevertheless, there is remains a situation to
Malaysian state has developed a comprehensive be improved to protect the rights of PWDs. As of
legal framework on the PWDs policy system. The December 2020, 587,608 PWDs in Malaysia have
institutional legal framework of PWDs consists of registered at the Department of Social Welfare,
the establishment of the related laws and policies, MWCFD. The number shown in the registration
including the PWDs Act 2008, the National system does not reflect the approximate amount
Policy of PWDs as well as the PWDs Action Plan. of PWDs counted by the government, which is
3
The issue of PWDs is under the purview of the about 4.8 million PWDs in Malaysia. Besides, the
Ministry of Women, Family and Community issues faced by the PWDs are still many, as the
Development (MWFCD). The ministry established challenges are changing based on the different
the Department of Person with Disabilities situations and development of the technologies
Development (Jabatan Pembangunan Orang and living cultures in society, including the issue
Kurang Upaya - JPOKU) in 2008 to provide better of health; education, facilities, employment,
services and facilities, protection, rehabilitation, legal protection as well as social exclusion and
and training and employment opportunities for awareness of community.
PWDs. The Malaysian government engages with

From an international perspective, Malaysia the related Civil Society Organizations (CSOs) to
has ratified the Convention on the Rights of obtain input for policies or to reconcile ad-hoc
Persons with Disabilities (CRPD) in 2008 with two issues related to the PWDs community. Due to the
reservations. CRPD is intended as a human rights various challenges that the disabled community
1
instrument with an explicit social development face, the government has developed a mechanism
dimension. It adopts a broad categorization for PWD NGOs and CSOs to participate in the
of PWD, and reaffirms that all persons with policy-making process, with a comprehensive
disabilities must enjoy all human rights and structure in the policy process cycle, from its
fundamental freedom. Regionally, as a concerned formation, to the implementation of the policies.
Asian country, the Malaysian government has Various approaches have been applied by the
developed the PWDs Action Plan based on the government and utilized by civil society. For
goals of the Incheon Strategy. example, the establishment of the National Council
2
for Person with Disabilities (NCPWDs) provides the
Based on the above initiatives, we can see PWDs community and CSOs to participate in the
that the government has shown its intention and policy process. These stakeholders can also raise
1 Reservations on article 15 Freedom from torture or cruel, inhuman or degrading treatment or punishment; and article 18 Liberty if movement and na-
tionality.
2 The Incheon strategy provides the Asian and Pacific region, and the world, with the first set of regionally agreed disability-inclusive development goals. It
comprises 10 goals, 27 targets and 62 indicators, including ensuring disability-inclusive disaster risk reduction and management.
3 https://origin.bharian.com.my/berita/nasional/2021/12/894942/jumlah-oku-berdaftar-dengan-jkm-masih-rendah.

21 Vol. 01, Issue 1 | June 2022