PETALING JAYA: Malaysia should withdraw all reservations towards the Convention on the Elimination of All Forms of Discrimination against Women (Cedaw) and ratify its protocol to uphold gender equality, says the Malaysian Bar.
Its president Anand Raj said that while the government had taken steps to withdraw several reservations and introduced constitutional and legislative reforms to align with Cedaw, some reservations remain despite being incompatible with the Federal Constitution.
"These reservations are inconsistent with the constitutional guarantee of gender equality enshrined in Article 8(2) of the Constitution, which expressly prohibits discrimination on the grounds of gender. They must be withdrawn forthwith.
"The Malaysian Bar's position aligns with the recommendation of the United Nations Committee on Cedaw, which recommended that the Malaysian government withdraw these remaining reservations within a defined timeframe upon review of the government's sixth periodic report," he said in a statement on Thursday (April 30).
Anand said that the government's remaining reservations to Articles 9(2) and 16(1)(a), (c), (f) and (g) are contrary to the object and purpose of Cedaw pursuant to Article 28 of the same. "Such reservations are also contrary to Article 19(c) of the Vienna Convention on the Law of Treaties. Equality is not aspirational; it is a constitutional imperative.
"The continued existence of these reservations undermines public confidence and delays the realisation of substantive gender equality," he said.
"It is only a matter of time before these reservations are subject to constitutional challenge," he said.
Anand added that the government must further ratify the Optional Protocol to Cedaw, demonstrating its commitment to accountability, transparency and the international protection of women's rights.
"We urge the Malaysian Bar to act decisively and proactively to give full effect to the guarantee of equality under Article 8(2) of the Constitution. There is no better time than the present," said Anand.
