Call to explicitly define femicide

IN recent weeks, there have been two high-profile cases of femicide reported in the media. On Aug 17, 10-year-old Nuraina Humaira Rosli was found dead in a swamp near Kampung Orang Asli Bersah, Pos Kuala Mu, Perak.

A month earlier, the remains of Nur Farah Kartini Abdullah, 25, were discovered in an oil palm plantation in Kampung Sri Kledang, Hulu Selangor.

Both cases were investigated as murder under Section 302 of the Penal Code.

The reporting on both cases missed a critical perspective – that these are cases of femicide.

Femicide refers to the intentional killing of women and girls on the basis of gender which, according to UN Women, can be motivated by “stereotyped gender roles, discrimination towards women and girls, unequal power relations between women and men, or harmful social norms”.

The most extreme form of gender-based violence, femicide can be committed by a wide range of perpetrators including family members, intimate partners, acquaintances, strangers as well as in the context of organised crime. But it is most commonly perpetrated by intimate partners or people who are close to the victims. In Farah’s and Nuraina’s cases, the perpetrators are individuals known to them.

According to Women’s Aid Organisation (WAO) media monitoring from January to August 2024, 17 cases of femicide were reported in Malaysian newspapers. This is an average of two cases per month.

Alarmingly, 60% involved intimate partners (a combination of both married and unmarried intimate partners, at 46.7% and 13.3% respectively).

The remaining 40% were perpetrated by other trusted individuals, with 20% being relatives and 20% being others, such as colleagues.

Malaysia’s legal system does not specifically recognise femicide as a distinct crime. Currently, the murder of women is often prosecuted under general provisions of the Penal Code, such as sections 302 and 307, which fail to acknowledge the gendered motives and patterns of abuse that often precede these crimes.

Calling the murder of women femicide is crucial because it acknowledges the unique and pervasive violence that women face simply because of their gender. In WAO’s 2021 survey on violence against women (VAW), it was found that over half of the respondents displayed attitudes that normalised VAW.

Understanding these social sentiments is crucial in strengthening our collective response to femicide.

Amending the Penal Code to explicitly define and criminalise femicide is one way to do this. Such a legal recognition would allow the justice system to address the specific dynamics of gender-based violence that lead to these tragic outcomes. Recognition of femicide is found in penal codes across various Latin and South American countries, including Chile, Argentina and Mexico.

Second, there needs to be gender-sensitive training for law enforcement officials to ensure they can recognise and respond to the gendered aspects of violence. Too often, cases of femicide are handled without the urgency and sensitivity they require, leading to further trauma for the victims’ families and communities.

Moreover, we need detailed and systematic data collection on femicide to understand its true scope in Malaysia. Without accurate data, our efforts to craft effective policies and intervention strategies will be hamstrung. Comprehensive statistics will shed light on the prevalence, risk factors, and patterns of femicide, guiding targeted prevention efforts.

Lastly, preventing femicide requires robust support services for women at risk of gender-based violence. This includes access to safe shelters, legal protection and psychological counselling.

With over 6,500 reported cases of domestic violence in 2022 alone, the need for well-resourced and accessible support systems to safeguard the lives and well-being of all women in Malaysia has never been more apparent.

WOMEN’S AID ORGANISATION