Page 23 - Mainstreamer e-Magazine 01 June 2022 - Final (4)

CRITICAL THOUGHTS
the most current and essential PWDs issues in the
meeting of the Council chaired by the Minister of
MWFCD.
However, the PWDs community and CSOs could
expand their involvement in the policy process,
particularly in the monitoring of the related
policies in protecting their rights. The Universal
Periodic Review (UPR) is among the international
platforms that should be utilized for the good of
the PWDs community, as well as to improve the
comprehensiveness of the PWDs policy.
The UPR is the only universal mechanism
established under the UN Human Rights Council
(HRC) in 2006 to review the human rights situation
in all 193 UN Member States, once every five
years. Malaysia has undergone three UPR reviews
in 2009, 2012, and 2018, by receiving 103, 232 and
268 recommendations from the UN Member State.
There were four recommendations in the
first cycle of the UPR; six recommendations in
the second cycle, and 18 recommendations in
the third cycle. Member States have proposed
29 recommendations in the three cycles of the
UPR, from 2009 to 2018. From among the 29
recommendations, 26 recommendations have
been accepted by the government of Malaysia.
“ report of the Coalition of Malaysian NGOs in the
... the PWDs community and CSOs
could expand their involvement in
the policy process, particularly in the
monitoring of the related policies in
protecting their rights.”
The three recommendations in the first cycle of
the UPR suggest that the Malaysian government
continue their efforts in protecting and
supporting the rights and welfare of PWDs. These
recommendations align with the current policies
and have been received positively, and were
eventually accepted by the Malaysian government.
However, the government has refused to accept
the recommendation that was requested Malaysia
to ratify the CRPD in the first cycle of the UPR in
2009. This was the only recommendation that was
not accepted by Malaysia in the first UPR, even
when the state became the signatory of the CRPD
in 2008.
In 2013, all six recommendations were accepted
by the Malaysian government in the second
cycle of the UPR. The issues raised are related to
the education system, children with disabilities,
improving accessibilities, and allocating more
funding for the protection of the rights of PWDs.
In 2018, two of 18 recommendations were not
accepted by the state in the third cycle of the UPR.
These recommendations contained the changes
direction of policy. They might change the current
policies, including interfering with the Federal
Constitution.
Persons with Disabilities (PWDs) CSOs in the
Malaysian UPR
UPR provides a platform for NGOs and CSOs
to participate in the review process in various
methods, including submitting the stakeholders’
report, attending the review sessions, and courtesy
meetings with the representatives of the UPR
Working Group. There were only two PWDs
CSOs involved in the Malaysian UPR process,
namely, OKU Bangkit and The Malaysian Islamic
Vision Disability Association (PERTIS). These CSOs
contributed respectively in the stakeholders’
UPR Process (COMANGO) and The Malaysian
Alliance of Civil Society Organizations in the UPR
and PERTIS include public transportation, financial
Process (MACSA). The issues raised by OKU Bangkit
aid, employment issues as well as the basic needs
of the PWDs community.
The UPR provides a chance for the PWDs
community and CSOs to raise their voice on the
international platform. Therefore, the UPR could
be another approach for the CSOs to protect their
fundamental rights. The issue of PWDs is not only
considered a global issue, but also an issue of you
and me.
The author’s doctoral research is focusing on the
participation of civil society in the Universal Periodic
Review (UPR) in Malaysia, public policy and international
human rights mechanism in Malaysia. She also enjoys
reading, sports and outdoor activities.
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