Malaysia

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Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women

PART 1
THE MALAYSIAN CONTEXT

1. Thirteen states and three federal territories form the country known as Malaysia. Straddling the South China Sea, the land comprises Peninsular Malaysia and the northern portion of the island of Kalimantan. Countries bordering Malaysia are Thailand, Cambodia and Vietnam to the north, the Philippines to the east and Indonesia and Singapore to the south. To the west, Malaysia is separated from the island of Sumatra by the Straits of Malacca.

2. Malaysia lies entirely within the equatorial zone, which is characterized by a hot, humid and invariable climate throughout the year. The climatic regime is governed by the seasonal northeast and southwest monsoons, which bring heavy rainfall to nurture the luxuriant flora of the tropical rainforest, which extends over a large part of the country. The coastal areas are typified by mangroves, tropical wetlands and sandy ridges.

3. The monsoon winds were an important factor during the days of sailing ships, which brought traders, settlers and colonizers to the Malay Archipelago, particularly from the north, west, and south. Chinese, Indians, Thais, Indonesians, Arabs and later Europeans, mainly the Portuguese, Dutch and British, have contributed to the multi-ethnic population mix along with the indigenous peoples namely the Malays, aborigines (orang asli) and natives in Sabah and Sarawak such as Minangkabau, Dayak, Penan, Kadazan, Murut, Senoi and Negrito.

4. The Malays and other indigenous peoples are collectively known as Bumiputra (sons of the soil.) The various Bumiputra groups share the characteristics of being rooted in an agricultural-seafaring economy and having a village society where leadership is largely through consensus and where attitudes are formed by a belief in an-all pervasive spirit world. The animistic culture of the Malays came to be overlaid by Hinduism and later was subsumed by Islam.

5. The non-indigenous (non-Bumiputra) people are descendants of later migrant settlers. Around the time of the British colonial administration, the Chinese came into Malaya (as the country was then known) as tin-mine workers, traders and support workers. The Indians, notably the Tamils and the Telegus, were brought in by the British as indentured labour to work on rubber and oil palm plantations and as teachers and other professionals.

6. The migrants brought with them their social, religious and cultural traditions. Hence, we have Hindu and Buddhist traditions, Confucian and Taoist values, Christianity in its various denominations, Sikhism and Islamic religious and legal practices. Today, Islam is the official religion and Muslims form the largest single religious group i.e. 60.4 per cent in 2000. However, the right to freedom of worship is protected by the Constitution and other religions are freely practiced in Malaysia.

Table1.1: Population According to Religious Denominations Based on Census 2000

7. The Malaysian population increased at an average annual rate of 2.4 per cent during the period of the Seventh Malaysia Plan (1995-2000) to reach 23.27 million in 2000. The mid-year population estimate for 2002 is 24.37 million. It is estimated that the population will reach 26.04 million by 2005, growing at an average annual rate of 2.3 per cent. The growth rate during this time is expected to be lower than during the time span of the Seventh Plan due to the decline in births as more women pursue further education and training. In 2000, about 49.1 per cent of the population was female.

8. As shown in Table 1.2, the population is a fairly young one with most Malaysians falling into the 15 – 64 year old age group and only a small proportion into the 65 years and above group:

Table1. 2: Population by Age Group and Sex, 2000

Age Group	Sex
	Male (million) %	Female (million) %	Total (million)
0-4	1,347.6 51.57	1,265.1 48.42	2,612.7
5-9	1,365.0 51.57	1,281.5 48.42	2,646.5
10-14	1,276.3 51.22	1,215.4 48.77	2,491.8
15-19	1,195.8 50.52	1,171.2 49.48	2,367.0
20-24	1,050.9 50.34	1,036.3 49.65	2,087.2
25-29	972.7 50.63	948.4 49.36	1,921.1
30-34	915.8 50.87	884.4 49.13	1,800.2
35-39	866.2 50.80	838.8 49.19	1,705.0
40-44	764.7 51.40	722.8 48.59	1,487.5
45-49	604.8 51.75	563.7 48.24	1,168.5
50-54	480.3 52.27	438.6 47.73	918.9
55-59	320.1 51.91	296.5 48.08	616.6
60-64	274.2 49.76	276.8 50.23	551.0
65-69	164.9 47.56	181.8 52.43	346.7
70-74	125.9 47.67	138.2 52.33	264.1
75+	128.1 44.20	161.7 55.79	289.8
Total	11,853.4 50.93	11,421.3 49.07	23,274.7

Table 1.3 shows the distribution of the population according to ethnicity and sex:

Ethnic group	Sex
Ethnic group	Male (million)	Female (million)	Total (million)
Malaysian Citizen:	10,854.7	10,667.6	21,522.3
Bumiputera	7,181.0	7,067.2	14,248.2
Chinese	2,913.7	2,778.2	5,691.9
Indian	843.1	837.0	1,680.1
Others	135.3	134.4	269.7
Non-Malaysian	780.3	604.4	1,384.8
Total	11,853.4	11,421.3	23,274.7

9. Since 1980, both fertility and mortality rates have declined. The crude birth rate declined from 30.6 per thousand in 1980 to 26.8 and 24.4 per thousand in 1995 and 1999 respectively while the crude death rate declined from 5.3 per thousand in 1980 to 4.7per thousand in 1995 and 4.6 per thousand in 1999. The total fertility rate declined from 4.2 per woman in 1980 to 3.4 per woman in 1995. Infant mortality rates declined from 23.8 per thousand live births in 1980 to 10.3 and 7.9 per thousand live births in 1995 and 2000 respectively. Life expectancy for both men and women has increased – whereas in 1980, women had a life expectancy of 71 years and men of 66.5 years. In 2000, their life expectancy was 75 years and 70.2 years respectively.

The Economy

10. The general path of the country’s economic evolution has been mapped out in a series of five-year plans. During the period 1971–1990, national development was guided by the New Economic Policy (NEP), which focused on growth with equity. The two-pronged strategy of the NEP was to i) reduce and eventually eradicate absolute poverty by raising income levels and increasing employment opportunities for all Malaysians; and ii) restructure society to correct economic imbalances so as to reduce and eventually eliminate the identification of race with economic function.

11. During the two decades following 1970, Malaysia achieved significant progress in economic growth as well as in meeting its social objectives. The nation was able to sustain its pace of development with the GDP growing at an average rate of 6.7 per cent per annum, while the incidence of poverty was reduced from 49.3 per cent in 1970 to 16.7 per cent in 1990.

12. The National Development Policy (NDP) (1991-2000), which succeeded the NEP, retained the main elements of the NEP and introduced several new thrusts for balanced development. These served to emphasise the non-materialistic aspects of national development, especially the strengthening of social and spiritual values and the protection of the environment and ecology.

13. In addition, Vision 2020, which outlines the progress it should have made by the year 2020, is a key blueprint for the country’s future. In essence, it calls for total development and envisions that by 2020, Malaysians will live in harmony in a country, which is economically dynamic and robust, and a society that has strong moral and ethical values, and is democratic, liberal, tolerant, caring, progressive and prosperous.

14. Macroeconomic performance during the initial period of the NDP was impressive. The economy expanded at an average rate of 8.2 per cent per annum. However, with the onset of the economic crisis, the growth rate declined to 7.3 per cent in 1997 and 7.5 per cent GDP in 1998.

15. The incidence of poverty reduced further from 8.7 per cent in 1995 to 6.1 percent in 1997 and 7.5 per cent in 1999. However, the economic downturn resulted in the incidence of poverty increasing to 8 per cent in 1998. To tackle the crisis, the Government formulated the National Economic Recovery Plan in July 1998. The measures introduced in this Plan include adopting an appropriate exchange rate regime and increasing foreign reserves, strengthening the banking system and continuing with the socio-economic agenda of providing appropriate social programmes for people adversely affected by the crisis. Recent figures indicate that Malaysia is on the road to recovery.

16. The Malaysian economy is projected to grow at an average rate of 7.5 per cent per annum with low inflation and price stability for the period of 2001 to 2005. This growth will be supported by domestic demand with the strong recovery in private investment. Foreign investment will remain important, particularly for the upgrading of technology, skills and management expertise.

17. Education and skills training is accorded a high priority in nation building in order to provide a sufficient pool of educated, highly skilled, strongly motivated workers and responsible citizens with high moral and ethical values. There are measures to increase accessibility and participation, especially for the low-income groups and rural communities, in education and training. In addition, the Sixth and Seventh Plans emphasised promoting educational opportunities in the fields of science and technology.

Table 1.4: Percentage of Student Enrolment According to Gender and Institution, 2001

18. A good indicator of the progress of human development is the literacy rate. Using the population aged 10 years and above who ever attended school as a proxy for literacy, it was found that the literacy rate in 1991 was 85 per cent compared to 72 per cent in 1980. Interesting to note was the increasing literacy levels among females and the narrowing sex differential in the proportion of those who have ever been to school. While in 1980 only 64 per cent of the female population aged 10 and above had ever been to school, in 1991 this figure had increased to 80 per cent . For males, it improved from 80.1 per cent in 1980 to 90 per cent in 1991. (Population Census 1991)

19. Consequently, the literacy differential between the sexes was reduced to 10 percentage points in 1991 compared to 16 percentage points in 1980. The overall literacy rate further improved to 93.8 per cent in 2000 as a result of continuing efforts to expand education opportunities to all citizens.

20. Overall, the labour force participation rate (LFPR) continued to increase during the period of the Seventh Malaysia Plan (1996-2000) at an average annual rate of 2.8 per cent to reach 62.9 per cent in 2000. Labour force participation during this time was affected by the economic crisis, which reduced employment opportunities and increased the number of workers who opted out of work under voluntary separation schemes. Nevertheless, the size of the labour force continued to increase albeit at a slower rate than during the period of the Sixth Plan, at 3 per cent per annum to reach 9.6 million in 2000.

21. A Labour Force Survey conducted by the Department of Statistics 2000 indicates that 53.0 per cent of the labour force is based in urban areas. The LFPR increased from 64.7 per cent in 1995 to 65.5 percent in 2000. In 1995, the male LFPR decreased marginally from 84.3 per cent in 1995 to 83.3 percent in 2000 while the female LFPR increased from 44.7 per cent in 1995 to 46.7 per cent in 2000.

22. The size of the labour force is expected to increase by an average annual rate of 3.1 per cent to reach 11.2 million persons by 2005, of which 5.1 per cent will be foreign workers. The labour force is expected to continue having a young age profile and to be better trained and educated. The LFPR is expected to increase to 66.6 per cent by 2005 with the rate for females rising to 46.2 per cent.

23. To augment the labour force during the period of labour shortages, the government liberalized its policy on foreign labour utilization. The end of 1995 saw a total of 649,680 temporary work permits issued to migrant workers. About two thirds of the temporary work permits were issued for work in the plantation and construction sectors, 11per cent for work in the manufacturing sector and 23 per cent for female domestic helpers.

24. Three major periods in Malaysian history were largely responsible for shaping its current legal system.^[1] The first period saw the founding of the Malacca Sultanate at the beginning of the 15^th century; the second was that of the spread of Islam to south-east Asia and its subsequent entrenchment in the indigenous culture and the third and probably most significant for Modern Malaysia was the period of British colonial rule, which brought constitutional government and the common law system to the country.

25. The establishment of Malacca as a port in the 15^th century resulted in Islam being spread to Malacca by Indian and Arab traders. Eventually, Islam became the state religion and Muslim laws were applied alongside customary law. Malacca was occupied by the Portuguese from 1511 to 1641, by the Dutch from 1641 till 1795, then by the British, reverting to Dutch control in 1801. In 1824, British rule was restored. These events brought with them the colonial system, which included the appointment of magistrates to try civil disputes and criminal cases, whilst local people continued to practice Islamic Law and Malay customs.

26. Britain established its colonial presence in the Malay Peninsula in the middle of the 18^th century with the acquisition of the island of Penang in 1786. Sovereignty over Singapore (which was then part of Johor) was obtained in 1824 and Malacca was acquired from the Dutch in the same year. These three states became colonies. Many of the other Malay States came under British control through a series of treaties.

27. In states under the rule of the Sultans, the British imposed a system of indirect rule in contrast to the direct government practiced in the other states (known as the Straits Settlements.) The Malay States were theoretically independent and ruled by their respective sovereigns and their status was accepted and recognized by the English Courts. In some States, a council of State was set up to advise the Sultan; in others, the Rulers each accepted the office of a Resident-General who had exclusive authority over the administration of the State.

28. In 1909, the Federal Council was established. This formed the basis of the centralization of authority by the British. After the Second World War, during which Malaya fell under Japanese occupation, the Federation of Malaya was brought into being. It comprised the nine Malay States, but not Singapore. A High Commission, an Executive Council and Legislative Council were introduced and each state had its own Executive Council. The Council of Rulers was to meet regularly with the High Commissioner. The statutory introduction of English law occurred in 1937 and 1951, although English law had been practised previously.

29. In 1956, a Constitutional Conference was held in London in which an agreement was reached with the British government that full self-government and Independence within the Commonwealth should be proclaimed by August 1957. A commission known as the Reid Commission was appointed to make recommendations for a suitable constitution for the nation. These recommendations form the basis of the Federal Constitution. Malaya was granted independence on 31^st August 1957.

30. The constitutional development of Sabah and Sarawak took a somewhat different path from that of the states in Peninsular Malaya. Sabah and Sarawak were British protectorates. They achieved independence in 1963 when they were merged with Malaya by way of the Malaysia Agreement and thus Malaysia was created. Special provisions were included to safeguard the interests of these two states, which feared that they would be overwhelmed by the population and administrative machinery of Malaya. Singapore left Malaysia in 1965.

31. The Federal Constitution of Malaysia is both the basic and supreme law of Malaysia. It provides, for, among others, the following basic features of the nation:

32. The Paramount Ruler of the Federation is called the Yang di-Pertuan Agong. His Majesty takes precedence over all persons including the Rulers in the nine states in Malaysia (i.e. Terengganu, Perlis, Kedah, Perak, Selangor, Negeri Sembilan, Pahang, Kelantan, and Johor). Each of the other four states, namely Penang, Melaka, Sabah and Sarawak, are headed by Yang di-Pertua Negeri (Governor) who performs the functions of a titular Head of State but is not eligible to be elected as a Ruler. The Conference of Rulers consisting of the nine Rulers and the four Governors, elects the Yang di-Pertuan Agong from one of the Rulers in the nine states.

33. Article 44 of the Federal Constitution states that the legislative authority of the Federation “shall be vested in a Parliament.” The Parliament, which is elected for a maximum period of five years, comprises the Yang di-Pertuan Agong, the Dewan Negara (Senate) and the Dewan Rakyat (House of Representatives). Members of the Dewan Rakyat are elected by the people while the members of Dewan Negara are appointed by the Yang di-Pertuan Agong.

34. Each State possesses a one-chamber Legislative Assembly consisting of the Head of State and members elected by the people of that State except the state of Sabah where it has six members appointed by the Governor.

35. Both the Parliament and the State Legislative Assembly may make laws in accordance to the matters prescribed by the Federal Constitution, in particular the State List and the Federal List. The Federal Constitution also prescribes matters, which are under the Concurrent List of both State and Federal such as welfare, scholarships, sports and culture, housing, public health, town and rural development, protection of wildlife, civil defence, drainage and irrigation.

36. The executive authority of the Federation is vested in the Yang di-Pertuan Agong, exercisable by His Majesty or by the Cabinet or any Minister authorized by the Cabinet, subject to the provisions of the Federal Constitution.

37. The Prime Minister is appointed from the members of the Dewan Rakyat, who commands the confidence of the majority of the members of that House. The other Cabinet members and also the Deputy Ministers are appointed by the Yang di-Pertuan Agong on the advice of the Prime Minister.

38. At the State level, the executive authority is vested in the Ruler and the State Executive Council which is headed by a Menteri Besar for states which are headed by Rulers and Ketua Menteri for states which are headed by Yang di-Pertua Negeri. Appointment of the members in the State Executive Authority is governed by the State Constitutions and the processes of appointment are generally similar to the Federal practices.

These are Federal courts. The only State courts are the Syariah Court (Islamic Courts), which exist in all states within the Federation, as Islam is a State matter.

40. The Head of the Judiciary is known as the Chief Justice of the Federal Court. The Court of Appeal comprises 11 judges and is headed by a chairman who is known as the President of the Court of Appeal. Each of the High Court in Malaya and High Court in Sabah and Sarawak is headed by a Chief Judge. All the judges are appointed by the Yang di-Pertuan Agong on the advice of the Prime Minister and the Conference of Rulers.

41. The other securities, which are provided by the Federal Constitution, are as follows:

43. The judicial personnel of the subordinate courts comprise the Sessions Court Judges and the First Class Magistrates. They are drawn from the Judicial and Legal Service Commission. The Second Class Magistrates are usually officers of court who are in the public service which are normally gazetted as Second Class Magistrates in the Districts level. The Penghulu’s Court and the Native’s Court are presided over by a Penghulu or Headman appointed by the State Government for an administrative district.

44. The Federal Constitution sets out the basic human rights standards for the country. The principal rights or provisions in the Constitution are:

45. Article 8 of the Federal Constitution clearly embodies the spirit of Article 7 of the Universal Declaration of Human Rights. The principle of non-discrimination contained in CEDAW was incorporated into the Federal Constitution with the amendment of Article 8(2) to state that no discrimination is to be made on the ground of gender.

46. Legal redress against unlawful infringement of personal liberty is readily available in Malaysia. Any individual has the right to seek legal redress under the general laws in relation to any harm suffered by him/her and seek any restitution, compensation or damages in relation thereto.

47. In order to promote and protect human rights in Malaysia, the Government has established an independent Commission on Human Rights in 1999. The functions of the Commission is to:

48. For the purpose of discharging those functions, the Commission has the power to:

49. In exercising the abovementioned powers, the Commission may, acting on its own or in response to a complaint made to it by an aggrieved person or group of persons, inquire into an allegation of the infringement of the human rights of such person or group of persons.

50. In this respect, the Commission has the power to procure and receive evidence, examine witnesses, require evidence be given on oath or affirmation as in a court of law, summon any person to attend any meeting of the Commission to give evidence or produce documents, admit any evidence and admit or exclude the public from such inquiry. However, the Commission cannot inquire into any complaint relating to any allegation of the infringement of human rights which is the subject matter of any proceedings pending in any court or which has finally determined by any court. If an inquiry discloses an infringement of human rights, the Commission shall have the power to refer the matter, wherever appropriate, to the relevant authority or person with the necessary recommendations.

51. All national laws are published by the Government Printers in Bahasa Melayu (the official language). Translations into Chinese and Tamil and other vernacular languages are undertaken by either the news media or political parties representing these communities.

52. There is no official translation made to international instruments. However, the text of CEDAW was translated into Bahasa Melayu, Chinese and Tamil. The translated text was disseminated to various women non-governmental organisations in the effort to promote awareness among women at the grass-root level of the rights contained in the Convention. Seminars were conducted for officials from various relevant agencies such as the Attorney-General Chambers, the Ministry of Home Affairs, etc. These agencies were also responsible in preparing the CEDAW report.

53. The media – both print and electronic – in the official and vernacular languages contribute to making the public aware of their rights under the law and of international instruments pertaining to their rights.

54. Radio and Television Malaysia (RTM) is responsible to the Ministry of Information, which coordinates all Government mass media institutions – information, film, press liaison and broadcasting. Being a governmental body, RTM presents Government programmes and policies to the people. Besides promoting national unity it also stimulates public interest, develops national unity, civic consciousness and provides information and education.

55. Malaysia’s national news agency, BERNAMA, provides valuable services not only to newspapers and news agencies, but also embassies, banks, universities, industrial firms and various organization through its news, economic and feature services. It also provides telecommunications facilities to subscribers for the distribution of news and other services such as economic and commodity news, share market and financial services, photographs and international features.

56. In addition to BERNAMA, there is the Malaysian Press Institute, the National Union of Journalist (NUJ) and PERTAMA, an association of women journalists established in 1972 that works closely with women’s organisations and voluntary bodies.

57. Press freedom is regulated by the legislation governing the press such as the Printing Presses and Publications Act 1984 which regulates the use of printing presses and the printing, importation, production, reproduction, publishing and distribution of publications and for matters connected therewith.

58. Efforts will be intensified by the Ministry of Women and Family Development to promote awareness on women’s issues, in particular non-discrimination against women among officials of relevant authorities through regular meetings of the inter-agency committee.

ARTICLE 1
DEFINITION OF DISCRIMINATION AGAINST WOMEN

Introduction

59. The Federal Constitution of Malaysia is the supreme law of the land. Besides the Federal Constitution, there are other laws and policies that provide for non-discrimination. The report on this Article must therefore be read together with reports on other specific areas of concern.

The Federal Constitution

60. Article 4(1) of the Federal Constitution states that the “Constitution is the supreme law of the Federation and any law passed after Merdeka (Independence) Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.”

61. Articles 5 – 13 of the Constitution provide for the fundamental liberties of all persons in the Federation and these may be regarded as the basic human rights standards in Malaysia. As mentioned in Part 1 of this Report, the Federal Constitution enshrines and guarantees:

62. These human rights standards take into consideration of Malaysia’s multi-racial society and are within the spirit of permissible national values, traditions, religions, customs, social and economic conditions in this country.

63. On August 1, 2001 Article 8(2) was amended in Parliament to include the word ‘gender’ and now reads as follows:

“Except as expressly authorized by this Constitution, there shall be no discrimination against citizens on the ground of religion, race, descent, place of birth and gender in any law or in the appointment to any office or employment under a public authority or in administration of any law relating to the acquisition, holding or disposition of any property or the establishing or carrying on any trade business, profession, vocation or employment.”

64. As a result of this amendment, all existing laws are being reviewed to ensure gender equality. All new laws will also adhere to the principle of non-discrimination. Among the existing laws which are being reviewed are as follows:

to examine the difficulties in obtaining the Interim Protection Order, the power of Judges and the need for counseling for victims as well as the lack of understanding of the provisions under the Act.

Discrimination – The Malaysian Perspective

65. There is no clear definition of the term ‘discrimination against women.’ However, for practical purposes, it is often interpreted to mean treating women differently to men to the detriment of women.

66. In Malaysia, there are customary and traditional practices that make a distinction between the role of men and women in the enjoyment or exercise of their civil, political, economic, social and cultural rights. The Government however, has taken positive measures to reduce discrimination by providing equal access to education, economic resources, political participation and employment. Generally, the law enacted in Malaysia did not make any distinction between men and women. However, there are special laws formulated to protect women from criminal acts, which are peculiar to women only such as rape.

67. Efforts have been taken by the Government through the establishment of the Ministry of Women and Family Development in January 2001 to educate, create awareness, monitor and formulate policies and programmes, which are women friendly. Since the establishment, the Ministry has embarked on programmes such as legal literacy to educate women of their rights, awareness campaign to the public at large to educate them to respect women’s rights and dignity, sensitising policy makers, implementers and planners of the needs and interests of women.

ARTICLE 2

OBLIGATIONS TO ELIMINATE DISCRIMINATION

68. In 1995, Malaysia took definitive steps to ratify the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The first accession to the Convention was made with a number of reservations, as it was felt that the relevant articles were in contradiction with the provisions of the laws of the country. At the Fourth World Conference on Women in Beijing, the head of the Malaysian delegation explicitly expressed commitment to implement the Beijing Platform for Action and to review the reservations placed on the Convention:

“The fact that we are meeting at this Fourth World Conference affirms our commitment and preparedness to change.... The Platform for Action is a means for us to operationalise the commitment to lead to a fundamental change.... The Malaysian Government is committed to equal rights and responsibilities, equal opportunities and equal participation of men and women” (Dato’ Seri Dr. Siti Hasmah Haji Mohd Ali, Head of Malaysian Delegation to the Fourth World Conference on Women in Beijing, 1995).

69. Following the Beijing Conference, steps were taken to review Malaysia’s reservations to the Convention. As a result, reservations for Articles 2(f), 9(1), 16(b), (d), (e) and (h) were withdrawn and declarations were made for Articles 5(a), 7(b), 9(2) 16(1)(a) and 16(2).

The remaining reservations on the Articles are because they are in conflict with the provisions of the Islamic Sharia’ law and the Federal Constitution of Malaysia.
National Commitments to Eliminate Discrimination

70. As noted previously, the Federal Constitution provides equal protection to all persons. In all spheres, the provisions in the Federal Constitution and in the law (for example, the provisions for participating in elections or for holding any political and administrative office or in terms of education) do not discriminate between men and women.

71. In fact, some laws are specifically aimed at the recognition and protection of women. Penal legislations such as the Penal Code enumerate specific offences against women such as assault or use of criminal force on a person with intent to outrage modesty^[1], offences in relation to prostitution^[2], rape^[3], and offences relating to marriage^[4] (such as cohabitation caused by a man deceitfully inducing a belief of lawful marriage or enticing, taking away or detaining with a criminal intent a married woman). Other legislation include the Child Act 2001 (Act 611) which protects girls against prostitution activities as well as provides for ‘protection homes,’ and the Domestic Violence Act 1994 (Act 521) (although the latter affords protection to male as well as female victims and thus is not specific to women, the Government and NGOs have recognised that the victims of domestic violence are mainly women).

72. In civil matters there are legislation such as the Married Women Act 1950 (Act 450), Married Women and Children (Maintenance) Act 1950 (Act 263) and other legislation which have provisions for women such as the laws relating to employment. For example, under the Employees’ Social Security Act 1969 (Act 4), a husband’s social security payment goes to his wife upon his death.

73. In addition, legislation have been enacted or amended by the Government on its own initiative or in response to calls by women’s organisations in order to eliminate discrimination against women. These changes include:

International Commitments

74. In addition to CEDAW, Malaysia is a party to other international instruments, which protect the rights of women such as the Convention on the Nationality of Married Women and the ILO Convention No. 100 (on equal remuneration for men and women workers for work of equal value).

75. The Malaysian Government has responded to calls for review of laws from various sectors. Through the Ministry of Women and Family Development, it has provided forums for debates on areas of concern identified by women’s organisations and legal groups. It also recognizes that legal provisions alone cannot eliminate discrimination. Providing education and training, implementing legal literacy programmes and upgrading health status and facilities as discussed in the following chapters are also important in achieving the objective of eliminating discrimination against women and promoting the advancement of women in all sectors of the economy.

76. Malaysian laws pertaining to the political process, education, the economy and social rights do not discriminate against women. In addition to the laws, which are generally supportive, the National Policy on Women (1989) accords women equality of status and the same fundamental rights accorded to men, as enshrined in the Constitution. But because women are late starters in many fields, affirmative action is needed to assist them in attaining self-confidence as the equals of men, seeking advancement under the opportunities afforded by the national development plans and in assuming increasingly larger roles outside the home and family.

The National Policy on Women

77. The National Policy on Women, which was formulated by the Government in 1989 was closely aligned with the Sixth Malaysia Plan (1991-1995) and the Outline Perspective Plan (1990-2000). It recognises that poverty, lack of education and sometimes culture and tradition are major hindrances to women’s progress. The policy also recognises the international efforts, which have been made to improve the status of women, and thus draws on a number of international documents, in particular the Nairobi Forward Looking Strategies for the Advancement of Women and the Declaration of the Commonwealth Ministerial Meeting on Women in the Bahamas.

78. Initiatives such as the National Policy on Women and the inclusion of a special chapter on women and development in the Sixth Malaysia Plan have resulted in administrative policies becoming more gender aware.

79. Some practices have proved hard to change due to entrenched assumptions about gender roles in society. It is clear, though, that change is taking place. For instance, as women become more educated and career minded they are able to fit easily into the workforce. Some indicators of women’s situation in Malaysia are:

80. Human rights and fundamental freedoms as laid down in the Constitution are guaranteed for both men and women. In both the civil and Syariah (Islamic) legal systems, men and women are subject to the same laws. However, there are provisions which make a distinction between the sexes e.g. in relation to the issue of citizenship in cases of marriage between a Malaysian and a foreigner; or in Islamic family law where men are mandated as providers and enjoy privileges in relation to divorce, the distribution of property and inheritance. (This will be discussed in detail in the relevant sections).

81. Within the family there is often equality between husband and wife. In many cultures in Malaysia, the man is normally the head of the household while the wife is subservient and has to attend to his needs and comfort as well as take care of the children and elderly relatives in an extended family. But this pattern is slowly undergoing a transformation with the advent of modern appliances and gadgets, and due to the fact that many women are now employed outside the home.

82. Significant progress has been made in setting up of the required institutional and administrative machinery to plan, coordinate implement and monitor development progress of women, among others are;

ARTICLE 4
ACCELARATION OF EQUALITY BETWEEN MEN AND WOMEN

84. The amendment on Article 8(2) of the Federal Constitution has sparked the necessity to review various existing laws and policies. Prior to the amendment, in 1989 the Government has formulated the National Policy on Women. With the amendment, this policy is now being reviewed and improvised to take into account the new challenges faced by women at national and international levels.

85. Although the Government has not yet practised the quota and preferential rules, various measures have been taken to accelerate equality between men and women. The meritocracy system in admission to higher learning institutions in Malaysia has witnessed that the enrolment of female students outnumbered the male students.

87. The role and status of women in Malaysia have undergone a profound change in the past four decades. With increased access to education, employment opportunities and changes in the socio-cultural environment, Malaysian women have progressed and participated effectively in all aspects of development in the country. Changes in socio-cultural environment, which have helped to shape the profile of Malaysian women today, will continue to impact on women’s standing in society.

88. The Government of Malaysia’s commitment to improving the status of women has intensified over time. Mainstreaming gender into social and economic development plans is a continuous process being undertaken by line ministries and state agencies. Malaysia is an example of a country that has, since gaining independence, made great progress in improving the life and status of women, particularly in providing them with ever-increasing opportunities to become stakeholders in the country’s economic development.

89. However, women’s ability or potential to participate in society and to move towards autonomy and independence has often been curtailed by the widespread stereotyping of women as followers and supporters rather than leaders or equal partners in Malaysian society. This stereotyping feeds into and perpetuates the commonly held assumptions that women’s role should be limited to the domestic sphere or that even if women have careers, they are fully and solely responsible for the welfare of the home and family, and is the starting point of inequalities at the societal level. Consequently, women have little opportunity to develop their leadership and decision-making skills in the public domain.

90. Various cultural and institutional factors which are predicated on restrictive notions of a woman’s role in society often intersect to form barriers to the advancement of women’s career and upward mobility in an organization. It is a common observation that a working or career woman is faced with the difficult situation of having to perform and cope with multiple roles as a wife, mother and worker. Given the intense pressure posed by social conditioning and cultural imperatives to conform to the idea that a woman’s duty is first and foremost to her children and husband, it is not surprising that many women choose to prioritise their family rather than their career.

91. Malaysian women’s rights as citizens are implicitly recognized and guaranteed by the Federal Constitution. Article 8, clause 1 of the Constitution states that “all persons are equal before the law and entitled to equal protection of the law.” Clause 2 further provides that “except as expressly authorized by this Constitution, there shall be no discrimination against citizens on the ground of religion, race, descent or place of birth in any law or in the appointment to any office or employment under a public authority or in administration of any law relating to the acquisition, holding or disposition of any property or the establishing or carrying on of any trade, business, profession, vocation, or employment.” This clause was recently amended to include the word ‘gender’.

92. Gender roles and ethnicity have been found to impact women’s participation in nation building. In the construction of gender role, each ethnic group in Malaysia is influenced by Asian values, which determine the role of women in the domestic / private sphere while men dominate the public sphere. The Malays are influenced by the customs or “adat” and religious (Islamic) teachings. However, Islam accords equal rights to men and women alike. In fact, Islam is the key to women's emancipation and liberation. Islam does not forbid women from seeking an education or from pursuing work. On the contrary, Islam encourages women to be educated, work, own property and engage in business. It has elevated the value and worth of a woman to an unprecedented status in society. Likewise, the Indian community is also influenced by the Hindu religion and Indian customs. The Chinese, on the other hand, determine gender roles through customary rather than religious practices.

93. Meanwhile, the political behaviour of women is moulded by the political culture and tradition of the political party, which defines women’s role in a particular way. Hence, women politicians cling to the ‘right image’ as approved and endorsed by both men and women in the party and society at large. In this way, controversy or instability is avoided within the main party itself. The women politicians in UMNO, MCA, MIC and Gerakan are in the ruling class league and their views or public posture reflect the ideology of the ruling party.

94. Lack of critical mass is another stumbling block in the way of moving the agenda of women speedily forward. Due to the fact that there are only a few women in leadership positions in key institutions like political parties, top ministries and executive and legislative bodies, women are viewed as not only lacking the political clout but also the ‘critical mass’ or collective bargaining power in key positions to effectively influence decision making processes and shape the party or government agenda.

95. Although the ideas about the role of women have changed and become more liberal among the educated or modern communities in Malaysia, there are still many people who cling to the traditional socio-cultural stereotypes and attitudes about the role of women. These conservative and traditional attitudes are highlighted in the literature on women in primary school textbooks. These books portray women's primary role as a wife and mother. Women are not presented as having the abilities and potential for developing professional careers. Men are considered having the responsibility to provide money, shelter and safety for their wives and family. The Ministry of Women and Family Development has requested the Ministry of Education to eliminate these stereotypical images and representations of women and to ensure that women in textbooks and education programmes are presented in diverse occupations and roles rather than solely as wives and mothers. Thus far, the Ministry of Education has introduced a subject called Living Skills into the education curriculum. This subject is open to both male and female students, where the male students can join classes that teach domestic science while the female students can join carpentry classes. This is in line with the Government’s effort to eliminate the stereotyping of gender roles.

96. It cannot be denied that Malaysian women have made considerable strides in the political and public arena. The few Malaysia women who have made it to the top have proven their capabilities and shown that the policies of the Government are not overly discriminatory. However, gender-blind elements in the recruitment, posting and promotion in the public service often results in under-representation of women at the decision-making level. At almost every level, female managers face more obstacles than their male counterparts in career mobility, particularly at the managerial level. The multiple roles of being a wife, mother and career woman also hampers the upward mobility of women.

97. Existing trends in the mainstream public and private sectors display pyramidal structures, with male executives at the apex and the base comprising mostly female employees (typists, clerks and secretaries). This indicates that public and private sector female employees are mostly in lowly-paid jobs and there are too few women in the upper echelons of public service or private corporations.

98. Education is seen by the Malaysian Government as an important tool in eliminating stereotypical or prejudiced views or women. In recognition of this fact, a full-fledged commitment by the government has been undertaken to educate, train and develop its national work force as a measure towards nation building and economic development; and emphasis is laid on encouraging girls to take advantage of the various courses and programmes of study offered by the Education Ministry, including traditionally male-identified courses. Despite the increasing number of female students at primary, secondary and tertiary levels, the concentration of female students in the arts, economics and business courses persists at all levels.

99. Female students tend to dominate the optional courses such as home economics and commerce, and are the minority in engineering courses. Although there is no intentional segregation, the cultural practices and socialization processes have a large part to play in students’ choice of courses and perpetuate the predominance of girls in traditionally female-identified courses and boys in traditionally male-identified ones. Considerable efforts are now being made to encourage female students to venture into science and technology courses. Gender sensitisation among parents and all parties in the school system will be carried out to ensure that the streaming of boys and girls will not be directed by the traditional gender role ideology. Professional women’s associations or women-based non-governmental organizations should also work on overcoming the inferior self-image of women in traditional male-dominated professions.

100. Meanwhile, The National Population and Family Development Board, an agency under the Ministry of Women and Family Development had organized various workshops and seminars on parenting. The number of programmes and participants involved are as follows:

101. The workshop/programmes/activities, which had been carried out, focused on both the husband and wife who play equal roles in family development. These programmes will help to lessen the effects of stereotyping within a family.

102. Legal reform was implemented to eliminate stereotypical perceptions in the law. For example, the Distribution Act 1958 which was premised on the understanding that women would not have the capacity to administer their property on the death of the husband was amended with effect from 30 August 1997. This amendment provides for a more equitable distribution of an interstate’s estate to the beneficiaries, especially women. Previous to the amendments, the husband of a deceased woman would receive the whole of her estate, while the wife of a deceased man would only receive one third of his estate if he had children, or one half if he had no children. However, this discrimination against women has been removed with the amendment to the Distribution Act. With the amendments, if either spouse dies, the surviving spouse shall take one-half and the parents of the deceased take one-half.

103. Another area of law reform is the enactment of the Domestic Violence Act 1994. While this act is meant to protect both women and men from spousal abuse, most reported cases indicate that it is women who are seeking the protection of this act. In the year 2000, out of a total of 2,462 reported cases of domestic violence, 98 per cent of the victims were women. The value of this act is that it contributes to the elimination of a culture that gives men authority to abuse their spouses.

SUPPRESSION OF THE TRAFFICKING AND EXPLOITATION OF WOMEN

104. Malaysia has introduced various laws in its efforts to eradicate or to minimize the exploitation of and discrimination against women. The Royal Malaysian Police is the main law enforcement agency, while the Social Welfare Department is responsible for the protection and rehabilitation of women below the age of 21 who have been victimized or coerced or forced into prostitution. Together with the other local agencies, the Police have taken all measures possible to enforce the laws, continuously monitor the situation and to undertake preventive actions and instigate criminal proceedings against those who traffic or exploit women for the purpose of prostitution.

105. ‘Trafficking in persons’ is not specifically criminalized in Malaysia; nevertheless there are laws in the country aimed at and used to combat trafficking in persons, including women. Offences under these laws include the recruitment, transportation, transfer, harbouring and receipt of persons by means of threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or position of vulnerability or the giving or receiving of payments or benefits to get consent (of the victim) for the purpose of exploitation by way of prostitution and other sexual activities, forced labour, servitude and slavery. The following are the various laws that have been enacted in Malaysia to protect women from trafficking and exploitation:

Article 6(1) provides that no person shall be held in slavery while Article 6(2) prohibits all forms of forced labour except compulsory service for national purposes prescribed by federal law.

Section 55A makes it an offence for any person to be involved, directly or indirectly, in conveying to Malaysia in or on any vehicle, vessel or aircraft any person in contravention of the Immigration Act 1959/1963. The penalty is fine of not less than RM10, 000 but not more than RM50,000, imprisonment of not less than two and not more than five years and whipping of not more than six strokes. If a body corporate is culpable, a fine of not less than RM30, 000 but not more than RM 100,000 will be imposed.

Section 55B makes it an offence to employ one or more persons, other than a citizen or holder of an Entry Permit, who is not in possession of a valid Pass. The penalty is a fine of not less than RM10, 000 but not more than RM50, 000 for each such employee.

Section 56(1) (d) makes it an offence to harbour any person whom that person knows or has reasonable grounds to believe has acted in contravention of the Act. The penalty provided under Section 57 is a fine not exceeding RM10, 000 or imprisonment for a term not exceeding five years.

Section 370 makes it an offence to import, export, remove, buy, sell or dispose of any person as a slave or to accept, receive or detain any person against his will as a slave.

Section 371 makes it an offence to habitually import, export, remove, buy, sell, traffic or deal in slaves.

knowing or having reason to believe that the person will be so employed or used.

Section 372A makes it an offence to knowingly live wholly or in part on the earnings of the prostitution of another person. Section 372B makes it an offence to solicit or importune for the purpose of prostitution or any immoral purpose in any place.

Section 373 makes it an offence i) to keep, manage or assist in the management of a brothel and ii) for the owner or occupier to knowingly or wilfully let the place or any part thereof to be used as a brothel.

Section 374 makes it an offence to unlawfully compel any person to labour against his will.

The Anti-Money Laundering Act 2001 (AMLA) makes Sections 370, 371,372,373 and 373A predicate offences under the Act. This enables the proceeds of such unlawful activities to be dealt with under the Act and subjects it to freezing, seizure and forfeiture. The Central Bank of Malaysia is in the process of adding Section 374 of the Penal Code to this list. Further, under Section 4, it is an offence to launder such proceeds of unlawful activities. The prescribed penalty is a fine not exceeding RM5 million or imprisonment for a term not exceeding five years or both.

AMLA also empowers the Central Bank of Malaysia to monitor suspicious transactions by requiring financial institutions to submit reports on such activities. The Central Bank is also empowered to disseminate this information to enforcement agencies for their further action. These powers may facilitate action by law enforcement agencies against traffickers in persons. Section 29(3) expressly empowers domestic enforcement agencies to cooperate with other enforcement agencies, in and outside Malaysia, with respect to offences under the Act.

Women who have been forced into prostitution and their clients are often reluctant to testify in court because of the fear of violent reprisals by vice syndicates of the resulting social stigma attached to being a ‘prostitute’ or of patronising sex workers. The Royal Malaysian Police have successfully invoked the Restricted Residence Act 1933, to control activities, which are against public order e.g. smuggling or immoral activities. The rationale is to take the person out of the area where undesirable activities are being conducted or prohibiting him for entering such an area so that he would not be able to carry out such activities. In 2002 about 12,564 inspections have been made on prostitution activities and about 175 under age girl secured and 5148 foreign prostitute arrested.

The Prevention of Crime Act 1959 stipulates that the “registrable categories” to include also all traffickers in women and girls, including persons who live wholly or in parts on the proceeds of prostitution. (First Schedule Part 1(4)). The traffickers in women and girls shall be subject to the supervision of the police and other restrictions as prescribed in the Act for any period not exceeding five years and the Minister may renew any such order for a further period or periods not exceeding five years at a time.

106. From the perspective of the Police, action against the exploitation of women can only be taken if such exploitation is criminal in nature. There are enough provisions in the law for action to be taken against those who live off the immoral earnings of women e.g. pimps, vice den operators and/or any other persons who are involved directly or indirectly in the sex industry. Malaysia is also a signatory to the Convention against Transnational Organised Crime, which has a Protocol to Prevent Trafficking in Women and Children.

107. There are no special provisions relating to violence against a sex worker and in such an instance, the offence would come under the Penal Code, which legislates against acts such as assault, using criminal force, wrongful restraint or confinement and causing hurt or grievous hurt. The Domestic Violence Act 1994 (Act 521) which provides legal protection for victims of violence in the home supplements the offences under the Penal Code in terms of protection for the victims.

108. The Penal Code therefore affords sex workers protection against violence. However, negative social attitudes towards sex workers make it difficult for the Government to act against the perpetrators. The Government in 1989 has amended the Evidence Act, 1950 to prohibit questions being posed to a rape victim on her sexual history in court.

109. The Social Welfare Department is responsible for providing protection, rehabilitation and counselling to girls and women below 18 who have been involved in vice and prostitution. The Department has five rehabilitation centres throughout the country. Inmates of these centres usually fall into two main categories:

110. At the end of year 2001, about 626 women inmates under Taman Seri Puteri Rehabilitation Centre, which is managed by the Social Welfare Department. Under this institution, rehabilitation is conducted through education (formal and non formal) as well as vocational training for instance handicrafts, ICT literacy and other relevant skills to prepare them for re-entry into society.

111. Cases of domestic violence reported to the Royal Police Department were on the rise at the beginning of the enforcement of the Domestic Violence Act. For instance, it increased to over 3,000 in 1999 and 2000. However, the statistics of the same case show some declination in the year of 2001 and 2002. This is contributed by the successful awareness campaigns as well as other programmes against violence, which was taken by the Government especially through the Ministry of Women and Family Development.

112. In Malaysia, there is no legal discrimination against a person based upon gender with respect to participating in the electoral process and holding elected offices. Malaysian women are conferred with the right to vote since Independence. Therefore women in Malaysia are not prohibited from participating in election at any level of office and are free to participate in political movement. There are also no legal barriers to women’s participation in public life. In both these spheres, however, women are still under-represented.

113. The Constitution guarantees an individual’s right to vote so long as he or she is a citizen of the Federation, has attained 21 years of age on the qualifying date and is residing in the relevant constituency on the qualifying date. Disqualification as a voter occurs under specific circumstances such as if a person is found to be of unsound mind or is serving a sentence of imprisonment.

114. In 1999, there were a total of 9,509,332 registered voters out of which 49.8 per cent (or 4,737,395) were women and 50.2 per cent (or 4,771,937) were men.

115. The Malaysian Parliament is modelled after the Westminster system with a Lower House of elected representatives and an Upper House of appointed senators. Since Independence (1957) and the first election to the then Federal Legislative Assembly in 1959, the number of female candidates elected to Parliament has increased at a moderate rate. For example, in the 1959 elections, only 2.9 per cent (three candidates out of 104) of the candidates elected to office in the Lower House were female. This increased to 4.1per cent in 1986, 7.3 per cent in 1995 and 10.4 per cent in 2000.

116. The number of women elected to the various State Assemblies during this period also increased gradually, rising from a mere 2.7 per cent in 1986 to 4.8 per cent and 5.5 per cent in 1995 and 2000 respectively. However, the number of women ministers at the Federal (national) level remained almost constant throughout this period with two women ministers in the Cabinet out of a total of 28 full cabinet ministers. Due to the establishment of a new ministry, the Ministry of Women and Family Development, in 2001, there are now three women cabinet ministers.

117. Table 7.1 shows the proportion of women who have been elected or appointed to various offices at the Federal and State level. Table 7.1 also shows the total number of elected state representatives. It can be seen that the number of women in these elected offices, though small, has been increasing steadily.

Position	Year	Number of Men	Number of Women	Total	% of Women
Members of Parliament	1986	164	7	171	4.1
	1990	162	9	171	5.3
	1995	166	13	179	7.3
	2000	173	20	193	10.4
State Assembly Representatives	1986	435	12	447	2.7
	1990	428	15	443	3.4
	1995	474	24	498	4.8
	2000	476	28	504	5.5
Appointed Senators	1986	49	11	60	18.3
	1990	45	10	55	18.2
	1995	46	11	57	19.3
	1998	48	14	62	22.6
	2000	45	17	62	27.4
Ministers	1990	23	2	25	8.0
	1995	23	2	25	8.0
	2000	26	2	28	7.1
Deputy Ministers	1990	27	3	30	10.0
	1995	28	2	30	6.0
	2000	25	2	27	3.8
Parliamentary Secretaries	1990	14	-	14	0.0
	1995	15	2	17	11.7
	2000	12	3	15	20.0

118. In Malaysia, the State administration is headed by a Chief Minister or Menteri Besar and an Executive Council (Exco) in case of peninsula or a State Cabinet in case of Sabah and Sarawak. Table 7.2 shows the proportion of male and female Exco members and State Assembly Representatives in the year 2000:

119. The low representation of women in Parliament and the State Assemblies is an indication of the fact that few women are elected to the apex bodies of the various political parties. However, as each political party is now wooing more women as members, it is anticipated that this will change over the coming years. Table 7.3 shows the number of women and men elected to the Lower House in the year 2000 and their political affiliations, while Table 7.4 indicates the four major component parties of the ruling National Front coalition and the number of female members elected or appointed to offices such as political secretary after the 1995 general election.

Table 7.3: Members of Parliament According to Sex and Political Parties in 2000

	Members of Lower House	Male	Female
Barisan Nasional (National Front) UMNO MCA MIC GRM SNAP PBDS SUPP PBB LDP SAPP UPKO SENATOR	72 30 6 5 4 7 7 10 1 2 3 5	63 26 5 5 4 7 7 8 1 2 3 4	9 4 1 0 0 0 0 2 0 0 0 1
Total	152	135	17
Opposition DAP PAS PBS *Keadilan*	10 27 3 5	7 27 3 4	3 0 0 1
Total	45	41	4
Grand Total	197	176	21

Table 7.4: Major Political Parties in the National Front Coalition & Some Portfolios by Women 1996/1997

120. Incomplete gender segregated data has to a large extent hampered attempts to come up with detailed analyses of Malaysian women’s participation in the political arena. Political parties need to update data on their women members to enable a clearer picture of women’s situation vis a vis politics and public life to emerge. At the moment it appears that the main impediments in increasing female participation and representation in the political arena are women’s family responsibilities, career demands and social inhibitions. On the positive side, political parties have increased their commitment to raising their female membership and encouraging women to play a more active role. In fact some political parties have initiated affirmative-action strategies for women. The MCA (a member of the ruling National Front coalition), for example, allocated 30 per cent of the municipal councillors’ posts for women, with the year 2000 as its target date for achieving this quota. Other parties are likely to follow suit.

121. Table 7.5 indicate that women’s overall participation in the public sector has increased at moderate rate from 33.0 percent in 1990 to 44.7 percent in 2001.

Year	Male	% Male	Female	% Female	Total
1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001	468,637 470,603 449,079 441,535 419,120 410,199 405,631 399,534 395,153 390,344 393,251 397,783	67 66.4 65.1 64.6 61.9 61.1 60.6 59.95 59.4 58.9 58.2 55.3	229,785 238,415 240,935 241,949 258,274 260,759 263,905 266,905 269,435 272,039 282,654 322,074	33.0 33.6 34.9 35.4 38.1 38.9 39.4 40.1 40.6 41.1 41.8 44.7	698,422 709,018 690,014 683,484 677,394 670,958 669,536 666,439 664,588 662,383 675,905 719,857

122. However, women are under-represented in many technical and professional fields, especially those traditionally associated with men such as engineering and architecture as shown in Table 7.6. Women are also significantly under-represented in the higher levels of management and decision making as can be seen in Table 7.7, which shows the distribution of personnel in the public sector from 1998 to 2000 according to sex and service group.

SCHEME OF SERVICE	1998		1999		2000
	MALE	FEMALE	MALE	FEMALE	MALE	FEMALE
Architect	166	107	173	74	160	79
Engineer	2493	287	2504	295	2594	340
Quantity Surveyor	110	166	108	117	118	131
Surveyor	227	12	227	12	239	11

Statistician	78	63	83	65	90	89
Assistant Statistician	76	103	76	102	85	117
Supporting staff	574	593	569	591	598	681

Librarian	70	235	70	230	73	231
Assistant Librarian	41	93	41	92	40	100
Supporting Staff	332	493	333	499	348	526

Information Technology Officer	463	422	459	440	489	525
Ass. IT Officer	366	538	375	555	429	650
Computer Operator	166	375	165	369	146	334

Accountant	194	206	308	225	316	252
Assistant Accountant	610	850	609	857	619	910
Supporting Staff	557	1181	553	1175	560	1207

Legal Officer	440	325	441	322	448	356
Assistant Legal Officer	100	96	101	99	-	-
Supporting Staff	0	0	0	0	109	108

Doctor	3772	2910	3773	3040	4116	3476
Dentist	194	533	196	539	191	545
Nurse (Staff I)	221	18390	270	19145	354	22826
Nurse (Staff II)	237	8576	237	8275	275	11302

Fire-fighter (Administrative)	176	5	193	6	89	4
Fire-fighter (Group I)	417	23	421	24	130	3
Fire-fighter (Group II)	6499	262	6549	60	7447	94
TOTAL	18,679	36,794	18,834	37,208	20,063	44,897

Table 7.7a: Personnel in the Public Sector According to Sex and Agency (excluding the Police and Armed Forces) 1998

Agency	Premier Post						Premier						Admin and Professional		Supporting Staff
	1		2		3		A		B		C				I		II
	M	F	M	F	M	F	M	F	M	F	M	F	M	F	M	F	M	F
PUBLIC SERVICE (FEDERAL)	2	0	1	0	8	1	24	1	60	4	92	16	31,022	30,566	75,217	101,918	122,195	81,657
PUBLIC SERVICE (STATE)	0	0		0		0	1	0	9	0	12	0	2,793	503	34,50	1,659	55,443	12,684
STATUTORY BODY (FEDERAL)	1	0	1	0	3	0	10	0	15	2	259	53	9,170	5,548	49,95	3,489	38,289	20,153
STATUTORY BODY (STATE)	0	0		0		0	2	0	0	0	8	0	1,292	340	980	480	11,795	3,687
LOCAL AUTHORITY	0	0		0		0	1	0	0	0	2	0	598	133	1,431	458	35,972	6,078
TOTAL	3	0	2	0	11	1	38	1	84	6	373	69	44,875	37,090	86,073	108,004	263,694	124,264

Table 7.7b: Personnel in the Public Sector According to Sex and Agency (excluding the Police and Armed Forces) 1999

Agency	Premier Post						Premier						Admin and Professional		Supporting Staff
	1		2		3		A		B		C				I		II
	M	F	M	F	M	F	M	F	M	F	M	F	M	F	M	F	M	F
PUBLIC SERVICE (FEDERAL)	2	0	1	0	8	1	18	0	54	4	99	17	31,111	30,965	74,917	102,549	121,509	81,340
PUBLIC SERVICE (STATE)	0	0		0		0	2	0	8	0	10	0	2,799	517	3,403	1,651	55,166	12,715
STATUTORY BODY (FEDERAL)	1	0	1	0	3	0	8	0	15	2	252	52	9,163	5,599	4,970	3,540	38,075	20,082
STATUTORY BODY (STATE)	0	0		0		0	2	0	0	0	7	0	1,287	341	969	480	11,732	3,682
LOCAL AUTHORITY	0	0		0		0	1	0	0	0	2	0	596	135	1,433	470	35,832	6,092
TOTAL	2	0	2	0	11	1	31	0	77	6	370	69	44,956	37,557	85,692	108,690	262,314	123,911

Table 7.7c: Personnel in the Public Sector According to Sex and Agency (excluding the Police and Armed Forces) 2000

Agency	Premier Post						Premier						Admin and Professional		Supporting Staff
	1		2		3		A		B		C				I		II
	M	F	M	F	M	F	M	F	M	F	M	F	M	F	M	F	M	F
PUBLIC SERVICE (FEDERAL)	1		1		4		18	1	55	7	220	103	60,712	46,510	99,616	116,214	127,887	103,495
PUBLIC SERVICE (STATE)			1				4		5		34	16	3,731	1,151	3,405	1,638	65,876	20,552
STATUTORY BODY (FEDERAL)					1		8		3		380	147	11,366	7,201	5,022	3,770	38,256	22,632
STATUTORY BODY (STATE)							2				14	6	1,614	711	837	419	12,262	4,154
LOCAL AUTHORITY							1				5	2	627	172	1,417	474	36,367	6,082
TOTAL	1		2		5		33	1	73	7	653	274	78,050	55,745	110,297	122,515	280,648	156,915

Table 7.7 also shows that the number of women employed at the various State levels, particularly the local authority level, is very low. Women are severely under-represented at the higher levels of local councils.

The under-representation of women at top management levels and in key positions is also a marked feature of Tables 7.8 and 7.9. There are no official quotas or targets for employment based on gender. Efforts are being taken by the MOWFD to increase the number of women at decision-making level to at least 30 percent.

Table 7.8: Personnel According to Sex and Service Group in the Public Sector 1998 –2000

Service Group	1998			1999			2000
	Male	Female	Total	Male	Female	Total	Male	Female	Total
Chief Secretary	1	0	0	1	0	1	1	0	1
Premier Post 1	3	0	3	3	0	3	1	0	1
Premier Post 2	2	0	2	2	0	2	2	0	2
Premier Post 3	11	1	12	11	1	12	5	0	5
Premier A	38	1	39	31	0	31	33	1	34
Premier B	84	6	90	77	6	83	73	7	80
Premier C	373	69	442	370	69	439	653	274	927
Administrative and Professional	44,875	37,090	81,965	44,956	37,557	82,513	73,050	60,745	133,795

Table 7.9: Administrative and Diplomatic Officers According to Sex And Grade (1998-2000)

Grade	1998		1999		2000
	Male	Female	Male	Female	Male	Female
Chief Secretary	1	0	1	0	1	0
Premier Post I	1	0	1	0	1	0
Premier Post II	1	0	1	0	2	0
Premier Post III	6	0	10	0	5	0
Grade A	17	1	13	1	14	1
Grade B	36	0	38	0	21	7
Grade C	46	5	52	5	78	24
Grade 1	168	27	144	20	192	53
Grade 2	809	170	777	150
Grade 3	2057	567	2091	592	1602	617

Reasons for the Under-representation of Women at Key/Decision Making Levels in the Public Sector

123. Although a number of studies have been carried out on issues relating to women in the public sector in Malaysia, no detailed study has been conducted on the specific obstacles that have contributed to the paucity of women in this area. This lacuna is perhaps due to the fact that the issue of women in the public sector in Malaysia is relatively new. Therefore, in an attempt to look for possible reasons or explanations for the under-representation of women in the public sector, this report uses a study that examined factors that act as barriers to women pursuing a career in the Administrative and Diplomatic Service (ADS) over a ten-year period (1984 – 1994). In this study, each stage of the process (recruitment, application, posting etc.) was examined. A summary of the main findings is given below.

In the 1990s, there was no shortage of potential women applicants, as evidenced by the number of applications from women over the years studied (1984-1994).

The study show that, in numerical terms, by far the greatest source of imbalance between women and men in the public sector is the far greater number of men initially recruited into the service.

The study revealed that women trainees were not discriminated against or treated differently in any of the modules of the ADS pre-service training programme.

Women of the lower grades in the ADS had initially been assigned to work in all ministries and departments in almost the same numbers as their male counterparts. However, as these women moved up the career ladder, they were found to be concentrated in the so-called ‘feminine’ organisations.

The analysis of the overall number and relative proportions of men and women who attended the ADS training courses from 1984-992 shows that for all types of training courses examined, the number and proportion of women was much smaller than that of men. Analysis of four types of training courses attended by men and women over a period of nine years revealed that women comprised only 20 per cent of the total number of course participants.

The study revealed that generally, there was little likelihood of women in the ADS being excluded from promotion when compared with their male counterparts, particularly at the middle management level.

The study also reveals that the smaller number of women passing through the promotion filter is a result of there being fewer women in the immediately preceding grade, as fewer women than men were recruited into the service each year.

124. In 1995, there were 504 trade unions with a total membership of about 706,300, of which 255,946 members (i.e. 36.2 per cent) were women. The number of employees who were trade union members increased to 739,636 by the end of 1998 with a male membership of 468, 143 (63.3per cent) and female membership of 271,493 (36.7 per cent). Hence, there was a slight increase in the number of women members in trade unions during this period. However, these figures do not include membership of federations of unions or employers’ associations or organisations.

125. Although women constitute about one-third of trade union membership, their representation at leadership level is low. At the time of preparing this report, complete details of numbers of women in trade union leadership was unavailable but it is estimated that less than 1 per cent of women are at the leadership or top union management levels. This general absence of women at the top of the trade union movement has impacted on issues related to women such as the working environment. However, it must be emphasized that women get equal pay for the same type of job.

126. For a change in women’s position in management to take place, a culture that values the concept of equality in employment has to become an integral part of organisational practice. Aspects of organisational values and culture that are detrimental to women, including the stereotypical assumptions and discriminatory behavioural styles of its personnel, particularly top managers and decision makers, must be eradicated.

127. In this regard, it has been realized that pursuing an official ‘gender blind’ policy is not the best way. Rather, it is necessary to put in place specific policies, aimed at firstly, ensuring that individual women are not penalised due to stereotypical assumptions about women as a group and, secondly, responding to the new generation of women who are more robust, versatile and ambitious – characteristics that have been shown to be appropriate and effective for managerial positions.

128. To achieve this objective, present gender awareness and sensitisation training will be further enhanced to address the need to eradicate negative attitudes towards women, reorient thinking and change the mind-set of policy makers, implementers and public service personnel. The Ministry of Women and Family Development had discussion with the National Institute of Public Administration (INTAN) to include gender awareness in all training courses for public personnel, especially in-service and pre-promotion training.

129. Management training and other skills development have been opened up to women managers. The training division of all departments has developed a more structured approach in assessing individual training needs to ensure that their managers get regular and appropriate training.

130. Women are also encouraged and given opportunities both to undertake training and to strengthen their experience in areas which they had little access to previously. Realizing a concern of many women managers is that they have not received enough training to enhance their skills as managers, due to families responsibilities or lack of opportunities, attention is now being given to the issue of gender in the development of training programs so that women with family responsibilities will be able to attend as many training courses as possible.

131. The government has initiated ‘family-friendly’ policies and practices, including the provision of childcare facilities, allowing paternity and maternity leave and flexi-time work to help employees, particularly mothers, face the dual demands of work and family life. Flexi-time allows employees to set their own starting and quitting times within limits set by the management. Combined with efficient facilities for day care and time off for breast feeding, flexible working hours will lead to higher productivity among women employees, and at the same time provide assurance of quality care for their children: the ultimate goal to be achieved by the Malaysian ‘Caring Society’ concept. The Government is currently reviewing the Employment Act 1955 with a view to amending rules relating to part-time employment so as to enable more women to take on part-time work.

132. Attempts to improve the position of women in management raise a wide variety of issues, which are sometimes beyond the scope of the organisation. Socio-cultural beliefs, which form an integral part of the socialization process, and the gendered education and training most men and women are exposed to from early childhood, for example, are not easily modified.

133. Concerted efforts are now being made to promote gender-equitable education and increase women’s skills, particularly in the present ‘male dominated’ professions and professions which are more marketable. Girls are now encouraged to develop interests, ambitions and appropriate skills through the careful design of school and training curricula. Efforts are also being made to ensure that they receive appropriate and encouraging career advice.

134. Strategies are being developed to provide women with access to the power structure. Training in specific traits such as independence, control, responsibility, self-esteem, self-confidence and self-awareness that suit managerial careers and may increase women’s sense of empowerment may be offered to counteract the effects of the models of female passivity and dependency that is frequently held up to them and to enable them to deal with situations in which their authority is being questioned or resented.

Conclusion

135. The realization of all of the above measures requires careful planning, effective and efficient implementation and evaluation and, most importantly, the full commitment of relevant agencies and responsible personnel. Bureaucratic policies must be supported by a strong political commitment to women’s advancement. Experience shows that, in the case of Malaysia, political support and commitment from the very top has been of critical significance in policy changes. Considering the current wave of development orientation in the Malaysian public service, and the efforts to introduce a wide range of administrative improvements, the most notable of which is the adoption of a new mind-set and a new paradigm for thinking and acting, there is no doubt that, with the full support of the top leadership and commitment of all responsible officers, strategies for improving the position of women can be successful.

136. Recruitment of personnel for participation in bilateral, regional and multilateral affairs is primarily based on the qualifications, interest and commitment of the applicants. After undergoing the mandatory pre-service course, men and women with suitable credentials are assigned to the Foreign Service.

137. As Foreign Service officers, women perform the same duties and responsibilities as their male counterparts. They have the right and opportunity to represent the Government at various international fora in accordance with their areas of responsibility and expertise. Female Foreign Service officers are given equal opportunities for training at various local and foreign institutions to enhance their professional and management skills.

138. The number of women officers in the Malaysian Foreign Service has increased significantly over the years. In 2002, 20.7 per cent of officers are female (69 out of 333) as compared to 18.8 per cent (64 out of 340) in 2001 and 15.4 per cent (42 out of 273) in 1999. Five per cent out of 69 female officers in 2002 are in top postings i.e. Ambassador/ High Commissioner/Head of Mission. Table 8.1 shows the number of women officers in the Malaysian Foreign Service and their positions in 1992, 1994 and 1999; while Table 8.2 shows the distribution of men and women in middle and higher management in 2002.

Table 8.1: Malaysian Foreign Service Staff According to Sex in 1992, 1994 and 1999

	1992				1994				1999
	Men	Women	Total	% of Women	Men	Women	Total	% of Women	Men	Women	Total	% of Women
Top Management	26	-	26	0	28	1	29	3.4	19	4	23	17.4
Middle Management (M1)	23	2	25	8.0	40	5	45	11.1	32	2	34	5.9
Lower Management (M2)	82	4	86	4.6	76	6	82	7.3	73	16	89	16.3
Desk Officers (M3)	110	16	126	12.6	71	12	83	14.4	107	20	127	15.7
Grand Total	241	22	263	8.3	215	24	239	10.0	231	42	273	15.4

Table 8.2: Malaysian Foreign Service Staff in Middle and Higher Management According to Sex in 2002

139. Women are sometimes not assigned to particular posts due to cultural and professional constraints or barriers regarding women in the host countries. The non-assignment of women diplomatic officers to these countries is not due to any policy of discrimination practiced by the Ministry, but to respect for the sensitivities of the host countries.

140. All Government rules and regulations pertaining to the public service apply equally to male and female diplomatic officers in the Malaysian Foreign Service.

141. Women in the Malaysian Foreign Service attend all the international meetings under their purview. Malaysian women lead delegations or are members of delegations in their capacity as advisors and experts in their various fields of competence and responsibility. The women in Malaysia’s delegations to international meetings are drawn primarily from the government sector. However, if necessary, they can also be drawn from non-governmental organizations.

142. Malaysian women in international organisations such as the United Nations generally fall into three categories or levels: professional level, management level and support staff. Table 8.3 shows the number of Malaysian women attached to international organisations and their positions in 2002.

Organization	Management Level	Professional Level	Supporting Staff
International Atomic Energy Agency (IAEA)	-	1	5
World Trade Organization (WTO)	-	-	1
World Intellectual Property Organization	-	2	-
International Federation of Red Cross & Red Crescent Societies	-	-	1
United Nations	2		1
International Telecommunications Union	-	2	-
World Health Organization (WHO)	2	-	2
Center of Human Dialogue	-	1	-
International Labour Organization (ILO)	-	2	1
World Economic Forum (WEF)	-	1	-
United Nations High Commission for Refugees (UNHCR)	1	1	1
United Nations High Commission for Human Rights	1	-	-
United Nations Conference on Trade and Development	-	-	1
United Nations Compensation Commission	-	1	-
World Bank	2	14	-
International Monetary Fund (IMF)	-	4	-

143. As apparent from Table 8.3, the number of Malaysian women working in such international organisations is unfortunately still low. This is mainly due to cultural constraints and to respect of the sensitivities of host countries e.g. Arab countries. However, Malaysia is committed to enhancing women’s participation internationally and regionally.

144. The Malaysian Constitution accords equal rights to men and women to acquire or retain their Malaysian nationality. However, Malaysia has reservation with regards to paragraph 2, Article 9 in CEDAW on granting women equal rights with men with respect to the nationality of the children. The right to nationality as a special privilege has been spelt out clearly in the Federal Constitution.

145. Citizenship in Malaysia is determined by a combination of factors like birth and parentage but not by gender. Unless she wishes it to be so, a woman’s nationality is not affected by marriage to a non-citizen or a change of nationality by her husband.

146. Article 14 of the Federal Constitution lists the categories of persons who qualify for citizenship. Although not explicitly stated in the Federal Constitution, non-Malaysian women are free to acquire Malaysian citizenship and Malaysian women to change or retain their nationality irrespective of marital status.

148. Any person above the age of 18 may apply for a passport. The Guardianship of Infants Act 1961 (Act 351) was amended in 1999 to give equal parental rights to mothers. This allows mothers to sign all documents related to their children and thus enables mothers to apply for passports on behalf of their children.

149. Although the Federal Constitution does not prevent a Malaysian woman from marrying a foreign national or deny her right to change her nationality, it prohibits dual nationality. Marriages solemnized abroad are required by law to be registered in Malaysia for immigration and citizenship considerations. The Federal Constitution provides that foreign wives of Malaysian men may be conferred citizenship upon making an application to the Government if the marriage is subsisting and the woman has acquired permanent residence status. However, there is no provision in the law that allows a foreign husband citizenship status as a result of his marriage to a Malaysian woman.

EDUCATION

150. The Malaysian National Education System oversees primary, secondary and tertiary education with the aim of creating a united, disciplined and skilled society. 20.4 per cent of the annual National Budget is allocated for education. Strategies employed include:

151. These strategies apply equally to males and females. Under the National Education System, male and female students in the schools are taught using the same common curriculum and sit for the same national examinations conducted by a central body, the Examinations Syndicate of the Ministry of Education.

152. Children in Malaysia can either attend a Government (public) school or one of the private schools in the country. As of 1998, there were 8,696 Government schools providing free education to 4.8 million students between the ages of 6+ and 16+ nationwide; and 219 private schools in the country with a total enrolment of 86,747 students. The description of basic education below refers to Government schools.

153. The Ministry of Education provides 11 years of free basic education for Malaysians (six years of primary, three years of lower secondary and two years of upper secondary schooling.) As of 1998, approximately 88 per cent of Malaysians between the ages of 6+ to 16+ years were enrolled in Government schools.

154. In that year, there were 7,128 primary schools with an enrolment of 2,871,710 pupils and 1,586 secondary schools with an enrolment of 1,882,264 students. Most of the primary schools (82.9 per cent) were in the rural areas serving 1,839,707 (64.1 per cent) pupils. As for secondary schools, 918 of the 1,568 schools (58.5 per cent) were in the rural areas serving 997,062 (56.1 per cent) students. Thus, basic education is accessible to all Malaysian children regardless of locality, as indicated by Table 10.1

	Rural	Urban	Sub-Total	Grand Total
Primary No. of Schools No. of Pupils - Male - Female	5,908 946,021 893,686	1,220 529,292 502,711	1,475,313 1,396,397	7,128 2,871,710
Secondary No. of Schools No. of Pupils - Male - Female	918 492,605 504,457	650 429,410 455,792	922,015 960,249	1,568 1,882,264
Total No. of Schools No. of Students Total Population (6+ to 16+ Age Groups) ∴Participation Rate Against Age Group Population (%)				8,696 4,753,974 5,583,608 88.30

155. Out of the 8,696 schools in the country, only 70 primary and 131 secondary schools are not co-educational. All schools, whether co-educational or not, offer a similar standard of premises, equipment, curriculum, teaching staff and opportunities to students.

156. Table 10.2 shows the number of students enrolled at government schools and in relation to sex and total age group population.

Table 10.2: Participation Rates In Government Schools According to Sex and Total Age

	Male	Female	Total
6+ to 16+ Age Group Population* No. Enrolled in Government Primary Schools Participation Rate Against Age Group Population (%)	1,550,145 1,475,313 95.2	1,460,533 1,396,397 95.6	3,010,678 2,871,710 95.4
12+ to 16+ Age Group Population* In Government Secondary Schools Participation Rate Against Age Group Population (%)	1,219,640 922015 75.6	1,153,287 960249 83.3	2,372,827 1,882,264** 79.3

** Includes 92327 (46666 males and 45661 females) students who are 17+ and who went through Remove Class in 1993.

157. It is clear, from comparing the number of students enrolled at government schools with the total age group population, that the participation rate of Malaysian children in Government schools is high, with 95.4 per cent of children between the ages of 6+ to 11+ enrolled in Government primary schools and 79.3 per cent of those between the ages 12+ to 16+ in Government secondary schools. The data in Table 10.2 also shows that female participation in government schools is higher than male: 95.6 per cent of females are in primary schools as opposed to 95.2 per cent of males and 83.26per cent of females are in secondary schools as opposed to only 75.6 per cent of males.

158. As for disabled students, a legal foundation for the provision of services for children with special needs was established under the Education Act 1961. Currently there are 28 special education primary schools and three special education secondary schools nationwide with a total enrolment of 2,950 students (1,597 males and 1,353 females). All the 31 schools are co-educational and are monitored by the Special Education Department of the Ministry of Education.

159. Even though promotion from one Form or level to the next in Government schools is automatic, there are still students who do not complete the 11 years of basic education.

160. Analysis of data from the Government schools census for 1995 and 1996 reveals the dropout rates for each Form in secondary school to be as shown in Table 10.3 below.

Table 10.3: Dropouts from Government Primary and Secondary Schools 1995-1996

Level/Year/Form	Male		Female		Total
Level/Year/Form	Number	Rate (%)	Number	Rate (%)	Number	Rate (%)
Primary Schools (6 yrs)
Total in Years 1-5 (1995)	1217356		1155272		2372628
Total in Years 2-6 (1996)	1208644		1148635		2357279
Dropouts	8712	0.72	6637	0.57	15349	0.65

Dropouts (1995–1996)
Year 1-2	1599	0.63	1320	0.55	2919	0.59
Year 2-3	381	0.16	402	0.18	783	0.17
Year 3-4	1343	0.55	974	0.42	2317	0.48
Year 4-5	2113	0.87	1238	0.53	3351	0.70
Year 5-6	3276	1.41	2703	1.23	5979	1.32
Total	8712	0.72	6637	0.57	15349	0.65

Secondary Schools (5 yrs)
Total in Forms 1-4 (1995)	635604		644703		1280307
Total in Forms 2-5 (1996)	589777		626833		1216610
Dropouts	45827	7.21	17870	2.77	63697	4.98

Dropouts (1995-1996)
Form 1-2	6959	3.72	2162	1.20	9121	2.48
Form 2-3	8984	5.21	3705	2.17	12689	3.70
Form 3-4	25746	16.53	11862	7.48	37608	11.96
Form 4-5	4138	3.44	141	0.1	4279	1.68
Total	45827	7.21	17870	2.77	63697	4.98

Transition From Primary to Secondary
Total in Year 6 in 1995	215928		205498		421426
Proceeded to Secondary School in 1996	188268		182126		370394

Dropouts*	27660	12.81	23372	11.37	51032	12.11

161. With reference to primary education, out of 2,372,628 pupils in Years 1-5 in 1995, 15,349 pupils did not continue their education in Years 2-6 in 1996; contributing to an overall dropout rate of 0.65per cent.

162. The dropout rate for female pupils is lower than that of males. From the total of 15,349 dropouts cited above, 8712 dropouts in Years 1-5 were male (out of total of 1,217,356 male pupils), adding up to a male dropout rate of 0.7 per cent. In contrast, 6,637 out of a total of 1,155,272 female pupils in Years 1-5 dropped out, adding up to a female dropout rate of 0.6 per cent. Further analysis reveals that the female dropout rate is lower than the male dropout rate for every Year in primary school, except for Years 2-3 where the female dropout rate exceeded the male by 0.02 per cent.

163. Out of a total of 1,280,307 students in Forms 1-4 in 1995, 63697 students did not continue schooling in Forms 2-5 in 1996, leading to an overall dropout rate of 5 per cent. Again, the female dropout rate is lower at 2.8 per cent compared to the male dropout rate of 7.2 per cent. The male dropout rate is higher than the female in every Form in secondary school.

164. In 1995, 12.1 per cent of students in Year 6 of primary school did not continue their education in secondary school in 1996. However, this figure includes students who continued their education in private schools, where data is not available. The data also reveals that 12 per cent of students in Form 3 (lower secondary level) in 1995 did not continue their education in Form 4 (upper secondary level) in 1996. For both levels of schooling, the male dropout rates are higher. At the primary to secondary school level, the dropout rate is 12.8 per cent for males and 11.37per cent for females. At the lower secondary school to upper secondary school level, the dropout rate is 16.5 per cent for males and 7.4 per cent for females. It is clear therefore that females stay in school longer than males at all levels.

165. The figures on dropout rates in Table 10.3 are based on the figures on enrolment and dropouts in government schools shown in Table 10.4 below.

Level/ Year/ Form	Male						Total
Level/ Year/ Form	1995	1996	*Dropouts*	1995	1996	*Dropouts*	1995	1996	Dropouts
*Primary*
Year 1	254658	233670		240846	221287		495504	454957
Year 2	241873	253059	1599	229173	239526	1320	471046	492585	2919
Year 3	245366	241492	381	232605	228771	402	477971	470263	783
Year 4	243373	244023	1343	232964	231631	974	476337	475654	2317
Year 5	232086	241260	2113	219684	231726	1238	451770	472986	3351
Year 6	215928	228810	3276	205498	216981	2703	421426	445791	5979
Total	1433284	1442314	8712	1360770	1369922	6637	2794054	2812236	15349

Secondary
Remove Class	48062	31442		46515	23159		94577	54601
Form 1	187127	204888		180570	205482		367697	410370
Form 2	172351	180168	6959	170626	178408	2162	342977	358576	9121
Form 3	155745	163367	8984	158671	166921	3705	314416	330288	12689
Form 4	120381	129999	25746	134836	146809	11862	255217	276808	37608
Form 5	100973	116243	4138	113706	134695	141	214679	250938	4279
Total	736577	794665	45827	758409	832315	17870	1494986	1626980	63697

166. According to the 1991 Literacy Census, 90 per cent of men were literate as compared to only 80 per cent of women. In the 15- 24 years age group, the literacy rate was 95.9 per cent for males and 95.2 per cent for females; in the 25-44 years age group, it was 92.6 per cent for males and 86.1per cent for females and for those 45 years and above, it was 72.1 per cent for males and 40.1 per cent for females. This is an indicator that most Malaysians, especially those in the younger age groups, have made use of the educational opportunities available to them. See Table 10.5.

Age Group	Male	Female	Total
10-14 15-19 20-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 65-69 70-74 75+	98 97 94 93 93 92 90 85 80 72 64 60 50 40	98 96 93 91 88 84 76 63 50 37 27 23 15 9	98 97 94 92 90 88 83 75 65 54 45 41 32 23
Total	90	80	85

167. The New Primary School Curriculum (NPSC) places emphasis on the basic skills of reading, writing and arithmetic, while the Integrated Secondary School Curriculum (ISSC) is structured so as to ensure the continuity of the NPSC in secondary schools. Neither the NPSC nor the ISSC make any distinctions on the ground of gender.

168. Enrolment figures for 1990, 1994 and 1998 showed that there was no apparent disadvantage faced by girls at all levels of the 11 years of basic schooling, as indicated by Table 10.6. In fact, the figures reinforced the finding that female students stayed in schools longer than male students.

Table10.6: Enrolment by Gender in Primary and Secondary Schools – 1990, 1994 and 1998

Level	1990		1994		1998
Level	Male	Female	Male	Female	Male	Female
Primary	1,256,795	1,190,411	1,416,991	1,345,175	1,475,313	1,396,397
%	51.4	48.6	51.3	48.7	51.4	48.6
Lower Secondary	473,999	468,802	538,573	534,998	619,605	610,346
%	50.3	49.7	50.2	49.8	50.4	49.6
Upper Secondary	176,480	184,931	207,737	227,448	302,410	349,903
%	48.8	51.2	47.7	52.3	46.4	53.6

169. Table 10.6 shows that the rate of female participation in school consistently increased from primary to lower secondary and then to upper secondary school. Taking 1998 as an example, male enrolment represented 51.4 per cent of the total enrolment rate in primary school. This figure decreased to 50.4 per cent in lower secondary school and further decreased to 46.4 per cent in upper secondary school. On the other hand, female enrolment increased from 48.6 per cent in primary school to 49.6 per cent at the lower secondary level and to 53.6 per cent in upper secondary school. There was a similar pattern for 1994 and 1990.

170. Within the National Curriculum System, students in secondary schools are allowed to choose certain technical/commercial subjects and courses based on their interests and potential. All students, including girls, are aware of and take advantage of the options available. Based on the number of participants in these subjects/courses as shown in Tables 10.7,10.8,10.9 and 10.10 below, it is apparent that gender stratification exists in terms of choice of courses, with a large number of girls pursuing Home Economics courses as opposed to Engineering subjects. Since there are no regulations to compel students to choose courses according to their gender, this phenomenon is probably due to cultural socialisation to do with gender roles.

Table 10.7: Student Participation in the Living Skills Subject in the Lower Secondary Assessment According to Option and Gender in 1998

171. Students in lower secondary school must choose one out of three electives, namely Additional Manipulative Skills, Home Economics and Agriculture, for the ‘Living Skills’ subject. An analysis of student choices revealed that a high proportion of girls opt for Home Economics, which has a female participation rate (FPR) of 97 per cent. In contrast, Additional Manipulative Skills only has a FPR of 16.8 per cent.

172. In upper secondary school as well, students can opt for certain subjects based on their interests and personal preferences. Data for 1997 shows that in that year, a high proportion of female students chose Home Economics, which had a FPR of 92.8 per cent. Agricultural Science recorded a FPR of 33.4 per cent and Engineering Technology of 38.6 per cent.

Table 10.8: Student Participation in Technical/Vocational Subjects According to Gender 1997

Subject	Male	Female	Total	% Female
Agricultural Science	14,009	7,020	21,029	33.4
Home Economics	1,639	21,194	22,833	92.8
Engineering Drawing	6,758	5,870	12,628	46.5
Engineering Technology	1,902	1,194	3,096	38.6
Principles of Accounting	43,617	69,500	113,117	61.4
Commerce	109,415	126,266	235,681	53.6
Basic Economics	87,958	109,714	197,672	55.5

173. With regard to technical courses, female students tend to opt for Commerce and Agriculture. The FPR in Commerce and Agriculture courses for 1998 was 76.9 per cent and 76 per cent respectively. It was much lower for Mechanical Engineering and Electrical Engineering - 12.3 per cent and 22.2 per cent respectively.

Table10. 9: Student Participation in Technical Courses According to Gender 1998

Course	Male	Female	Total	% Female
Electrical Engineering	5297	1509	6806	22.2
Mechanical Engineering	4624	648	5272	12.3
Civil Engineering	3173	2923	6096	47.9
Agriculture	87	276	363	76.0
Commerce	374	1243	1617	76.9
Total	13,555	6599	20,154	32.7

174. Where Home Economics is offered as a vocational course, it is mostly attended by girls. In 1998, it had a female participation rate of 90.8 per cent. Commerce was also popular with girls, and recorded a FPR of 80.2per cent. Least popular was Engineering Trades which only had a 10.7 per cent FPR (i.e. 1,470 girls out of the total of 13,711 participants.)

Table 10.10: Student Participation in Vocational Courses According to Gender 1998

175. Students who complete the 11 years of basic education may apply to further their education in the ten polytechnics run by the Ministry of Education. Seven courses of study are offered, namely Commerce, Civil Engineering, Electrical Engineering, Mechanical Engineering, Marine Engineering, Food Technology and Hospitality and Fashion. All the courses are open to both male and female applicants. The Technical Department of the Ministry of Education reports that selection of applicants is based on merit; and there is no discrimination against females.

176. In 1998, 30 per cent out of a total of 21,879 students in Polytechnics were female. Further breakdown of enrolment according to gender shows that females outnumbered males in Commerce, Food Technology and Hospitality, and Fashion courses. The courses with the least number of female participants are Mechanical Engineering (FPR 5 per cent), followed by Electrical Engineering (FPR 22.8 per cent) and Civil Engineering (FPR 29.9 per cent).

Table 10.11: Student Enrolment in the Polytechnics According to Gender – 1998

Course	Male	Female	Total	% Female
Commerce	1562	3159	4721	66.9
Civil Engineering	3439	1468	4907	29.9
Electrical Engineering	4553	1338	5891	22.7
Mechanical Engineering	5329	283	5612	5.0
Marine Engineering	291	0	291	0
Food Technology	115	219	334	65.6
Hospitality & Fashion	34	89	123	72.3
Total	15,323	6556	21,879	30.0

177. Men and women are given equal access to the 31 teacher training colleges run by the Ministry of Education. Of these colleges, only one is non-coeducational. All the colleges have the same curriculum and examinations and share a similar quality of teaching staff, premises and equipment. Data reveals that more women than men are interested in pursuing a teaching career, with up to 70 per cent of applicants to the teacher training colleges being female. This is not surprising as teaching has always been a predominantly female field in Malaysia.

178. Chart 10.1 shows the enrolment figures according to gender at government teacher training colleges from 1996 to 2000. Female enrolment was higher than male in every year indicated in the chart, although the gap between male and female enrolment figures has narrowed since 1996.

Chart 10.1: Enrolment in Teacher Training Colleges According to Gender 1996-2000

179. There are 12 public institutions of higher learning under the Ministry of Education and all are co-educational. These institutions comprise ten universities, one institute and one college. Selection of students is based upon academic results and there is no discrimination against females. The enrolment figures for the 1997/98 academic year showed that female students outnumbered male by 9,065 out of a total student population of 112,299, as indicated by Table 10.12.

Table 10.12: Student Enrolment in the Public Institutes of Higher Learning According to Gender 1997/1998

Fields	Male	Female	Total	% Female
Arts
Arts & Humanities	9998	16209	26207	61.85
Economics & Business	10828	16115	26943	59.81
Law	1580	1589	3169	50.14
Others	2759	5096	7855	64.88
Sub-total	25165	39009	64174	60.79

Science
Medicine & Dentistry	1805	3185	4990	63.83
Applied Sciences	1221	1903	3124	60.92
Pure Sciences	2569	2762	5331	51.81
Computer Sciences	2756	3933	6689	58.80
Others	3225	4412	7637	57.77
Sub-total	11576	16195	27771	58.32

Technical Fields
Engineering	11,971	3846	15817	24.35
Architecture & town Planning	895	564	1,459	38.66
Survey	358	156	517	30.75
Others	1652	909	2561	35.49
Sub-total	14876	5478	20354	26.91
Total	51617	60682	112299	54.04

180. In line with the data on students’ choice of fields of study according to gender presented earlier, Table 10.12 shows that female participation in technical fields is significantly lower than male. Table 10.13 shows that in 1997, female students constituted only 42.4 per cent of the total number of graduates in Science, Medicine, Agriculture and Engineering; and that although females outnumbered males slightly in Science, they were significantly outnumbered in Engineering.

Table 10.13: Graduands in Science, Medicine, Agriculture and Engineering in

181. The private sector is a significant provider of education in Malaysia. Men and women have equal opportunities to pursue education and training at private institutions. Apart from the 219 private schools mentioned earlier, the private sector provides various educational facilities and training centres as described below.

182. As of June 1998, there were 1,388 private training centres catering to 157,263 learners. Table 10.14 details the kind of training provided by these centres, as well as the number of their students and teachers. These centres are open to all irrespective of age. Some of the centres are run in the evenings to cater for working adults.

183. In 1998, there were 583 institutions of higher learning run by the private sector with a total enrolment of 73,544 students. Six of these institutions were of University status and had an enrolment of 5033 students while 68,511 students were enrolled at the other 577 institutions. All the institutions were open to men and women.

184. Pre-school education is provided by the Ministry of Education and other Government agencies including the Ministry of Rural Development and the Ministry of National Unity and Social Development as well as by the private sector and NGOs. As indicated by Table 10.15, the 1997 enrolment figures showed that male-female participation was about 50:50; but a study of participation in relation to population age groups showed that the female participation rate was higher than the male rate (30.9 per cent and 29.2 per cent respectively.)

Institutions	Male	Female	Total	% Female
Ministry of Education	13060	12549	25609	49.00
Other Government Agencies	146157	146023	292180	49.98
NGOs and Private Sector	71662	70347	142009	49.54
Total	230879	228919	459798	49.79
Total Population* -3,4,5 Yr. Olds	789780	740671	1530451	48.40
Participation Rate Against Age Groups (per cent)	29.23	30.91	30.04

185. Career and vocational guidance are provided in schools and students are free to choose their career regardless of their gender.

186. School resource centres are equipped with books and publications on higher education and career opportunities. The Schools Division of the Ministry of Education has produced six volumes of a series of books on careers to aid school counsellors in advising students on career choices. Issues such as gender discrimination and gender stereotypes in relation to career matters are addressed by this series.

187. Female students are encouraged and given the same opportunities to participate in sports and physical education as male. There are no regulations or prohibitions to hamper the participation of females in sporting activities. Male and female students have equal access to sporting facilities.

188. Recognising the need to eradicate all discriminatory portrayals of women and gender stereotyping in textbooks and teaching materials, the Ministry of Education has set specific guidelines on gender for writers of these materials.

189. The Ministry of Education provides scholarships and loans for academically able students who wish to pursue higher education. Gender is not taken into account in selecting candidates for scholarship and loans. Table 10.16 shows the number of scholarships/loans that was given for courses on teaching and education in 1998. Females made up 61.2 per cent of the scholarship/loan recipients.

Table10.16: Number of Scholarship and Loan Recipients According To Gender 1998

Scholarship/Loan	Male	Female	Total	% Female
Federal Teaching Scholarship
Diploma in Education	131	660	791	83.44
First Degree	143	368	511	72.02
Masters & Ph. D.	105	83	188	44.15
Polytechnic Teaching Scholarship
Diploma	108	99	207	47.83
First Degree	246	131	377	34.75
Masters	85	79	164	48.17
Education Loan
Certificate-Polytechnic	1378	645	2023	31.88
First degree	916	2845	3761	75.64
Total	3112	4910	8022	61.21

190. Females received the bulk of the Diploma in Education and First Degree Scholarships for the Federal Teaching Scholarship. They also received the bulk of the Education Loans for the First Degree Programme. However, they received fewer scholarships than their male counterparts at postgraduate levels and also with regard to the Certificate-Polytechnic Teaching Scholarships. In order to encourage a greater female participation in polytechnics, where only 30 per cent of the students and only 32per cent of the lecturers are female, increasing the number of female recipients for both the Polytechnic Teaching Scholarships and Certificate-Polytechnic Loans should be considered.

191. As of March 1999, the management and policymaking levels of Education is extremely male dominated, as is indicated by Table 10.17. For example, the top management of the Ministry of Education, which comprises the Minister and his two deputies, the Secretary General of Education and his two deputies and the Director General of Education and his five deputies, is totally male; and out of the 36 Divisional Heads in the Ministry, only five (13.9 per cent) are female. This trend runs through all levels of management, down to Heads of Schools.

Table 10.17: Officials in Key Positions in Education According to Gender in 1997 & 1999

Posts	Male	Female	Total	% Female
Ministry of Education (as of March 1999)
The Secretary General	1	0	1	0
The Director General	1	0	1	0
Dep. Secretary General	2	0	2	0
Dep. Director General	5	0	5	0
Division Heads	31	5	36	13.89
State Education Depts. (as of Sept. 1997)
State Education Director	14	0	14	0
Division/District Education Offices (as of Sept. 1997)
Heads	74	4	78	5.13
Schools (as of 1997)
Secondary School Heads	945	392	1337	29.32
Primary School Heads	5,341	1,014	6355	15.96

192. Table 10.18 shows the number of heads of public educational institutions apart from schools as of March 1999. Again, there is a marked preponderance of males in these positions.

Table 10.18: Heads of Public Educational Institutions According to Gender 1999

193. In terms of faculty members of public institutions of higher education, data from 1997 shows that most female faculty members are lecturers and that significantly fewer women than men are professors and associate professors.

Table 10.19: Faculty Members of Public Institutions of Higher Learning According to

194. Table 10.20 shows the total number of teachers and lecturers in teachers training colleges, polytechnics and schools. Notwithstanding the fact that only 26 per cent of the primary school heads and 29.3 per cent of the secondary school heads are female as mentioned above, it can be seen that the number of female teachers in schools far exceeds that of male teachers.

195. It appears therefore that although women do not have problems getting lower or middle level jobs, they do face problems getting into top or key positions. even when they are generally better qualified than men as indicated by Table 10.21, which shows the distribution of the 260,834 teachers in the schools according to academic qualifications and gender and reveals that more female teachers than male hold university degrees.

Table 10.21: Distribution of Teachers by Academic Qualifications and Gender - June 1998

Primary					Secondary				Total
	Male	Fem	Total	% Female	Male	Fem	Total	% Female	No	% Female
Degree Holders	16	13	29	44.83	21481	38473	59954	64.17	59983	64.16
Diploma Holders	544	817	1361	60.03	1492	3235	4727	68.44	6088	66.56
Certificate Holders	57638	97249	154887	62.79	18576	21300	39876	53.42	194763	60.87
Total	58198	98079	156277	62.76	41549	63008	104557	60.26	260834	61.76

196. Generally, female teachers are relatively junior in service compared to male teachers. Using the state of Johore as an example, data on primary school teachers reveal that in 1998, women constituted 70.5 per cent of those who had served for three years or less but only 37.8 per cent of those who had served for 34 years or more. This pattern is repeated in secondary schools. This partly explains why there are relatively few women heads of schools, as where selection is mainly based on seniority of service.

Table10. 22: Distribution of Teachers According to Years of Service And Gender – State

	Primary Schools Secondary Schools
Years Of Service	Male	Female	Total	% Female	Male	Female	Total	% Female
<3	1056	2521	3577	70.48	573	1844	2417	76.29
4-6	987	1977	2964	66.70	415	1111	1526	72.80
7-9	448	916	1364	67.16	421	677	1098	61.66
10-12	680	1244	1924	64.66	367	488	855	57.08
13-15	283	646	929	69.54	323	418	741	56.41
16-18	257	457	714	64.01	399	395	794	49.75
19-21	400	523	923	56.66	467	490	957	51.20
22-24	328	403	731	55.13	412	334	746	44.77
25-27	151	275	426	64.55	179	163	342	47.66
28-30	109	171	280	61.07	90	75	165	45.45
31-33	353	247	600	41.17	218	108	326	33.13
>34	217	132	349	37.82	57	33	90	36.67
Total	5269	9512	14781	3921	3921	6136	10057	61.01

197. In Malaysia, females have the same educational opportunities as males and studies show that they are making good use of these opportunities - girls stay longer in school than boys, female students outnumber male in public institutions of higher learning and in teacher training colleges. Women have caught up or are catching up with men in most fields of study, the only area of concern being engineering-related fields, where the FPR is still disproportionately low. Efforts are being made to address this and the Ministry is considering ways to encourage female students in school to choose electives such as Additional Manipulative Skills at the lower secondary school level, which will hopefully lead to them choosing to do engineering related subjects or courses later on.

198. Malaysian women have contributed to the development of the country. While equal treatment is given to women at the work place, steps continue to be taken to further promote the participation of women in the labour market.

199. Malaysia has enjoyed full employment since emerging from the last recession in 1985. This is the result of economic growth spurred on by the manufacturing sector. There has been an increase in the number of rural women entering paid employment with many finding jobs in the manufacturing sector, particularly in the textile, garment and electronics industries. There has also been a marked increase in rural women’s involvement in the services and hospitality industry.

200. Nevertheless, the labour force participation rate among women has remained rather low. In 1995, it was at 43.5 per cent for women while men’s participation rate was 85.3 per cent. In 2000, the labour force participation rate for women increased to 44.5 per cent compared with 85.4 per cent for men.

201. The educational profile of Malaysia’s labour force has progressively improved over the last few decades. Girls and women have benefited substantially from the drive to improve educational standards and qualifications in the country. In 2000, women accounted for 62.4 per cent of the 35,034 Malaysian university graduates.

202. Overall, the manufacturing sector has continued to absorb the highest numbers of women, accounting for about 27.3 per cent of the total workforce in 2000, as is consistent with the expanding opportunities in the sector. Another sector that recorded high female employment is the services and hospitality industry which recorded an increase from 52 per cent in 1995 to 56.9 per cent in 2000 as shown in Table 11.1.

Table 11.1: Employment by Sector and Gender, 1995 – 2000 (%)

Sector	1995		2000
Sector	Male	Female	Male	Female
Agriculture, Forestry, Livestock & Fishing Mining & Quarrying Manufacturing Construction Electricity, Gas & Water Transport, Storage & Communication Wholesale & Retail Trade, Restaurant & Hotels Finance, Insurance, Real Estate & Business Services Other Services	21.6 0.5 20.2 11.3 0.9 6.2 16.6 4.3 18.4	16.9 0.2 29.4 1.5 0.2 1.7 20.5 5.6 24.0	20.2 0.4 20.6 12.1 0.7 6.1 18.1 4.5 17.2	14.1 0.1 27.3 1.5 0.1 1.7 22.3 5.7 27.1
Total	100	100	100	100

Source: Eighth Malaysia Plan 2001-2005

203. Improvements were also recorded in the occupational structure, with more women moving into higher-paying occupations during the Seventh Malaysia Plan (1996-2000). The proportion of women in the professional and technical category increased from 12.7 per cent in 1995 to 13.5 per cent in 2000, while the proportion of women in the administrative and managerial category recorded an increase of 0.4 per cent during the same period as shown in Table 11.2.

Occupational Category	1995		2000
Occupational Category	Male	Female	Male	Female
Professional, Technical & Related Workers Administrative & Managerial Workers Clerical & Related Workers Sales & Related Workers Service Workers Agriculture Workers Production & Related Workers	8.4 3.9 7.5 10.5 9.4 21.9 38.3	12.7 1.8 17.5 11.6 14.4 16.6 25.4	8.9 4.7 7.1 11.1 9.5 20.4 38.4	13.5 2.2 17.5 12.1 17.4 14.8 22.6
Total	100.0	100.0	100.0	100.0

204. The Malaysian Government has taken various measures to improve women’s participation in the labour market. This includes parental access to child-care facilities, as well as the promotion of part-time or flexible working-time. Employers were also encouraged to provide facilities such as proper housing scheme or benefits, transportation and healthcare benefits for all workers in particular the rural migrants, the majority of whom are women.

205. In addition, the Inland Revenue Board introduced provisions to provide tax deductions and incentives to employers for the establishment of child-care centres near or at the workplace. Various laws, the most significant of which are described below, also protect women in employment.

206. The Employment Act 1955 without any reference to gender provides a comprehensive legal framework governing matters such as payment of wages, rest days, hours of work, holidays, termination and all other matters pertaining to employment. From the outset, the labour law in Malaysia has not permitted inequality or discrimination against women.

207. However, some of the provisions in the Act apply exclusively only to women. These relate to the employment of women at night and the provision of maternity leaves and other maternity benefits. Protection of women employees under the Act can be seen where they are not allowed to work in any industrial or agricultural undertaking between the hours of ten in the evening and five in the morning or to commence work for the day without having had a period of eleven consecutive hours free from such work. Women are also prohibited from carrying out underground work.

208. However, it is recognised that certain processes in manufacturing industries must be carried out continuously for technical reasons. The need to make intensive use of plants and equipment and the increasing presence of women employees in the manufacturing sector have created a situation where exemptions to the provisions governing women workers are sometimes necessary. Thus, the Director-General of Labour is empowered under the Employment Act to grant approval for employment of women employees between the hours of ten in the evening and five in the morning subject to conditions that he deems fit to impose, such as payment of night shift allowances and transportation or accommodation facilities. Failure to comply with the conditions imposed could result in the employer’s licences being revoked.

209. The Employment Act also secure a right for a woman employee to have not less than 60 consecutive days of maternity leave in respect of each confinement for up to five surviving children. The leave can be taken at any time during the 30 days immediately preceding her confinement or no later than the day immediately following her confinement. However, employers must be informed of the expected confinement date and of the expected date of commencement of leave within 60 days preceding the expected confinement date either orally or in writing. No employee may be dismissed from her employment while on maternity leave.

Employees who do not receive monthly wages during their maternity leave are also entitled to maternity allowance from their employer for up to five surviving children. The maternity allowance should not be less than RM6 per day. An employee whose employment is terminated or who is laid off by her employer after she has been in continuous employment for a period of not less than 12 months is entitled to receive termination or lay-off benefits.

210. Incidences of sexual harassment at the workplace are covered by both the civil and criminal laws. At present, a campaign is being carried out by Ministry of Human Resources which comprises seminars and educational programmes on sexual harassment. The Government through the Ministry of Human Resources has introduced a Code of Practice on the Prevention and Handling of Sexual Harassment in the Workplace.

211. The Code provides working definitions of sexual harassment and guidelines for employers on how to deal with it. For instance, employers are encouraged to set up grievance procedures in line with the principles set out in the Code. However, this Code of Practice is not a legally binding instrument and employers are not obliged to adopt the Code. Hence, the Ministry of Women and Family Development in consultation with the Ministry of Human Resources, non-governmental organizations, Malaysian’s Employers Federation (MEF) and the Federal Malaysian Manufacturers (FMM) is currently studying a proposal to formulate a specific sexual harassment legislation.

212. The Employment Act 1955 was amended in 1998 to provide for flexible working hours and to allow for statutory benefits proportionate to that of full-time employees to be paid to part-time workers, among others. This move has been of special benefit to women in general, as because family responsibilities are still primarily borne by women in this country.

213. The Trade Unions Act 1959 recognises the right of employees to form trade unions and enter into collective bargaining. The Government upholds the concept of tripartism under which consultations on labour matters are held with employers’ and employees’ representatives to ensure that the interests of all concerned are taken into consideration. Women employees are not prohibited from participating in trade unions, but are encourage to do so and their membership is shown in Table 11.3.

Table 11.3: Number of Employees’ Trade Unions and Membership by Gender 1998 – 2000

The Occupational Safety and Health Act 1994 (Act 514)/ The Factories and Machinery Act 1967 (Act 139).

214. Every employee has the right to protection of his/her safety and health at the work place. There is no discrimination based on gender. This right is clearly provided for under the two main laws which govern the safety and health of employees at work, namely the Occupational Safety and Health Act 1994 (OSHA) as well as the Factories and Machinery Act 1967.

215. To promote high standards of safety and health at work, the OSHA provides the legislative framework that covers the appointment of enforcement officers, the establishment of the National Council for Occupational Safety and Health and the formulation of safety and health policies at enterprise level. Specific provisions for the safeguarding of women’s reproductive health from exposure to ambient factors present at the workplace are also included.

216. Under the Employee’s Social Security Act 1969, local employees earning up to RM2,000.00 per month are entitled to timely and adequate provisions in the event of employment injuries, occupational diseases, invalidity or death. Higher paid employees can opt for coverage with the agreement of their employers. Employers contribute 1.75 per cent of an employee’s monthly wage (1.25 per cent for employment injury benefits and 0.5 per cent for invalidity assimilated benefits) while employees contribute 0.5 per cent of their monthly wage for invalidity-assimilated benefits.

217. If an employee dies as a result of employment injury, his/her dependants are entitled to a Dependant’s Benefit. Where an employee who is in receipt of invalidity pension dies, his/her dependants are eligible for the Survivor’s Pension. As primary dependants, the widow will receive 3/5 of the full rate of benefit for life or until remarriage and the children will receive 2/5 of the benefit until they reach 21 or graduate from university or, if they are infirm, for the duration of infirmity.

218. The Minister of Human Resources, through the Employees’ Social Security (Exemption of Foreign Workers) Notification 1993, has exempted all foreign workers (i.e. those who are not permanently resident in Malaysia) from being covered by the provisions of the Employee’s Social Security Act.

219. Foreign manual workers who earn up to RM 500 per month and Malaysian manual workers who earn up to RM400 are covered by the Workmen’s Compensation Act 1952, which aims to assist workers who have lost their ability to work due to injury suffered in the course of their employment. Under this Act, the employer must compensate the injured worker or his/her dependants. Employers are required to insure themselves in respect of such liability.

220. The Employees Provident Fund (EPF) is a forced savings plan, which aims to ensure that employees will have some savings to draw on in the event of retirement or disability. In the event of death, an employee’s savings will be given to his/her nominated beneficiaries. Under the Employees Provident Fund Act 1951, any person who is employed under a contract of service or apprenticeship must contribute to the EPF from payment of the first month’s wage onwards. Employers must also contribute for their staff. The statutory rate of contribution for employers is 12 per cent of the employee’s monthly wage while employees’ contribution is 11 per cent. The Act treats women workers no differently than men in terms of entitlement for benefits.

221. Malaysia ratified ILO Convention No.100 on Equality of Wages between men and women in September 1997. Women therefore are paid the same amount as men for the same job in both the public and private sector.

222. In line with the national labour policy of providing a pool of well-educated, highly skilled and strongly motivated workers to meet the needs of industrial development, the Government has accorded high priority to human resource development.

223. Traditionally, human resource has by and large been the domain of the public sector. However, this has slowly changed in recent years with the private sector aggressively involving itself in providing education and training in the country. Women have equal opportunities to undergo vocational training and retraining, including apprenticeships and advanced vocational training. However, the participation of women in industrial training is lower than that of men due to their lack of interest in taking blue-collar jobs. The number of women trainees at the Centre for Instructor and Advanced Skills Training (CIAST) under the Ministry of Human Resources (MoHR) from 1994 to 1998 is as shown in Table 11.4:

NO	MODULE	1994			1995			1996			1997			1998
NO	MODULE	M	F	T	M	F	T	M	F	T	M	F	T	M	F	T
1	Mechanical & Production	1102	49	1151	1339	84	1423	1767	90	1857	1847	115	1962	2003	147	2150
2	Electrical & Electronic control	683	108	791	1179	221	1400	1339	112	1451	2670	424	3094	1537	354	1891
3	Civil & Building	146	17	240	163	176	22	198	379	42	421	705	33	738	229	47
4	Printing	32	6	38	7	13	20	27	30	57	42	29	71	51	59	110
5	Non- Metallic	30	9	39	67	24	91	70	32	102	41	10	51	33	5	38

Source: Manpower Department, Ministry of Human Resources

224. The Ministry of Human Resources ensures that provisions for the health and safety of pregnant women and women employees generally are complied with. For instance, all women are entitled to 60 days maternity leave prior to and after the delivery. In addition, they must not be put on night shifts or given hazardous tasks that would jeopardize their health and that of the child.

225. Regular inspections and monitoring are done by the Labour Department to ensure that employers abide by the laws and regulations. Monitoring of these measures has not been formally assessed; however, complaints made by workers will be verified and acted upon. In addition, the trade unions are ever vigilant about any transgression of these rights.

226. These measures are not considered discriminatory under the law. But in a number of instances, employers are reluctant to employ women on account of these special provisions.

227. The Government is also concerned with the support services for working mothers such as the establishment of childcare centres. As at 30 April 2003, about 1,416 childcare centres (TASKA) have been established. These childcare centres are managed by trained individuals under the supervision of the Department of Welfare. The Government also encourages the private sector to establish childcare centres at the workplace. In 2002, a total of 86 childcare centres were established at the workplace.

228. Efforts to conduct research on women in various aspects of employment will continue to be undertaken. To address the issue of unemployment among female graduates, the Government, through the Ministry of Women and Family Development in collaboration with local universities and other relevant agencies is presently conducting a research with the aim to identify factors which caused a mismatch of academic qualifications and job opportunity in the labour market.

229. To attain the goal of making Malaysia an industrialised nation, the workforce must strive for quality and excellence through positive elements of labour protection and skills upgrading. The Government will continue to review existing laws and regulations as well as their implementation and to upgrade labour standards, social security benefits and skills training to motivate the workforce. It will also continue to work to identify and rectify or eliminate the problems or obstacles, which hinder women’s full participation in the workforce.

ARTICLE 12

230. To appreciate how women have benefited from the health system in the country, some historical background is pertinent. Maternal and Child Welfare Services were established early in the 20th century in Peninsular Malaysia but they existed mainly in urban areas, catering for the families of the British colonists. The year 1923 was a watershed for the Maternal and Child Health (MCH) services with the introduction of legislation for the control of the practice of midwifery and the training of midwives in the Straits Settlements and subsequently in the other states of Peninsular Malaysia. In 1956, MCH services came to the forefront as an essential part of the National and Health Development Programme, and attention was given to rural areas. At that time, people resorted to traditional medicine as practiced by traditional birth attendants (‘bidan kampung’) and healers (‘bomoh,’ ‘dukun’). These traditional practitioners are still being utilized, but to a much lesser extent.

231. During two decades following independence (1957-1977), the development of the health sector was a key area of concern in national development initiatives. The focus was on rectifying imbalances in the distribution of services and to identify and reach out to disadvantaged groups. This group conventionally includes rural populations, the poor, women, especially those of childbearing age, and infants and children.

232. Subsequently, a health infrastructure that prioritised universal access and optimal utilization was developed. Women, especially in relation to maternal health, were the main beneficiaries along with infants and children. By 1978, there was a relatively well-developed public sector health service.

233. The public health care system in Malaysia today provides a relatively well developed public health service exist in Malaysia, consisting of a rural network of midwifery clinics and health clinics. In 1999, the government health clinic to population ratio was 1:27,350 whilst the government health clinic to rural population was 1:15,432 and the midwifery clinics/ Community clinics to rural population was 1: 4,701, which has met the targets set by the Ministry of Health. Facilities are well distributed throughout the different geographical localities of the country; and in remote areas of states like Sabah and Sarawak, where there are no adequate static facilities, the people are provided with outreach services including a ‘flying doctor’ service.

234. However, there is still uneven distribution of health service providers in the geographical sense, and efforts are continually being made to redress this imbalance. During theFifth Malaysia Plan (1971-1975), following a WHO assisted study in early 70’s on local health services, three-tier system was converted to a two-tier system. From 1959 thereon, there was extensive development of infrastructure network of health facilities with emphasis in rural areas. This network was in the form of Rural Health Units (RHU), each RHU serving a population of 50,000 with a 3 tier set up of 1 main Health Centre, Health Sub centres and midwifery clinic. From the early 70’s, there was a need to upgrade the quality of the service and care. This led to the reorganisation of the rural health structure from a 3 tier to 2 tier system. Under this system health sub centres are upgraded to a health centre (covering a population of 15,000- 20,000) with a doctor, one midwifery clinics (covering a population of 4,000) are upgraded to village clinics or Klinik Desa. This was accomplished by upgrading of personnel with the midwife being converted to a community nurse and hence providing an increased scope of services at first contact level. The rural midwife, the most peripheral of the health care providers, was retrained to become a community nurse, who could provide care for minor ailments as well as the basic elements of a maternal and child health service. This has, to a large extent, improved MCH services in the rural areas and contributed to a lowering of maternal and child morbidity and mortality.

235. The basic essential services provided through the rural service network are outpatient treatment for common diseases, maternal and child health care, communicable disease control, environmental sanitation, dental care, health education and simple laboratory investigations.

The Health Care System Today – The Focus on Women

236. The Malaysian health care system has achieved some degree of success, and is reputed to be among the best in the region. Although the health policy initially gave preference to ‘women of reproductive age’ who were traditionally considered to be ‘disadvantaged,’ this has undergone review. Today, the services cater for all women regardless of their reproductive status and function, although reproductive health (in the form of traditional maternal health services and planning) remains a special concern.

237. Areas of women’s health covered by the health care system include screening for early detection of cancer, health education (on general health as well as on special topics of concern to women), health needs of working women and environmental issues affecting women. The initial focus on maternal health has now been expanded to include other aspects of health and what used to be the MCH service is now more appropriately termed the Family Health Development Programme. It can be claimed that the health system has begun to shift its focus from ‘motherhood’ to ‘womanhood,’ and indeed with greater emphasis on the role of men and the family, the shift will move towards ‘parenthood.’

238. There are many characteristics of the current health system that need strengthening or even changing to cater for future needs. Some of these are described below:

PHC will continue to be the thrust of the future, and its basic principles need to be enhanced. These are i) equity and universal access to health services, ii) the use of appropriate technology and iii) promotion of self-reliance and responsibility in health. The impact of these principles on the health of women, and on women’s role in determining their own health and the health of others need to be studied and monitored.

Quality of care entails continuously reviewing the scope and approaches to health care delivery and the resources that are available. Women especially will especially benefit from this considering the wide range of services they utilise.

Women will benefit significantly from a health care system that stresses wellness rather than illness since many of the conditions that bear on women’s health, such as pregnancy and menopause, are not conditions of disease. With this paradigm, it is expected that indicators for women’s health will go beyond bio-medical measures such as longevity, morbidity and mortality. The Well Women’s Clinic and the Lifetime Health Plan are examples of initiatives based on wellness.

While the government’s achievements in building infrastructure and expanding the scope of women’s health are commendable, the time has come to look into non-physical or ‘softer’ factors such as procedures and technologies that are accessible and friendly to women.

Building a knowledge based society and developing technology which would foster the acquisition of knowledge has been a key focus in Malaysia’s process of development. Women have benefited significantly from this and Malaysians generally have become a lot more informed and knowledgeable about their health and are in a better position to make health related decisions. The health care system of the future must cater for patients who are more empowered and knowledgeable.

The emphasis on rural communities of the health care system has benefited rural women significantly. A major area of concern today, therefore, is the health needs of those living in urban areas, especially those who are poor or marginalized in some way. These people face the double burden of diseases caused by poverty (e.g. infections, malnutrition) and modern/urban-associated diseases (e.g. cancer, heart disease, mental illness).

The Ministry of Health is not the only provider of health care. There are other providers, both governmental and non-governmental, including traditional practitioners. It must be recognised that health is multi-factorial and no one sector can ensure health from every aspect. Women have an important role in optimising the health of the nation – many women are in formal health systems, are members of health related NGOs and/or are versed in indigenous/traditional systems of healing. This needs to be tapped for maximum benefit to the nation.

239. The gender perspectives on health utilised in the Malaysian health care system are based on four basic principles:

240. In Malaysia access to health and health care is given equally to men and women - in fact women, because of needs associated with maternity and so on are provided with more services. There are many specific legal instruments that address women’s right to health, such as the minimum age for marriage and laws against domestic violence.

241. In the Second National Health and Morbidity Survey (NHMS2) conducted by the Ministry of Health in 1996, there is evidence that overall access to health services is good and that there is no gender difference, as shown below:

242. While these data are not gender disaggregated, there is no gender difference in terms of physical access to health facilities. The recent economic downturn in East Asia did not affect Malaysians significantly because resources for health were maintained by a deliberate government policy.

243. Generally, there is indirect and qualitative evidence to suggest that some groups of women e.g. disabled/migrant/aboriginal or indigenous women and those who are living/working in estates and plantations are marginalised in terms of access to health services and facilities. However, no reliable data is available.

244. Women have different health needs from men because of biological, demographic and socio-economic differences.

The biological factors include the important area of reproductive health and rights, as well as the diseases which affect women mostly or specifically, although women also suffer from a host of conditions that affect men. The main biological factors are:

There are several demographic factors that directly affect women’s health, the most important of which isfertility and reproduction, and the control of fertility. Other major factors areaging and the feminisation of aging; and migration, whether within the country (rural to urban) or inter-country (legal and illegal migrants).

The impact on women of the above factors differs among countries. Needless to say, some of these are extremely difficult to measure quantitatively. The situation in Malaysia is described in Section 12.5 (‘Health For Women’).

In almost all societies and cultures, women care for the sick, disabled and elderly. They also play a very significant role in the formal health care system, as health care providers of various categories. The situation of women as carers and health providers in Malaysia is described in Section 12.6 (‘Women for Health’).

245. This section presents a broad picture of the situation of women’s health in Malaysia, focussing on the main threats or problems with regard to women’s health. Section 12.6 goes on to describe the services and facilities available in the country.

246. There are three important issues that need to be discussed under reproductive health: i) fertility, ii) the sex and age structure of the population and iii) population aging and the aging of women.

The population of Malaysia is growing at a rate of 2.3per cent annually. As a consequence of declines in both fertility and mortality, this rate is expected to decrease. In 1960, the average number of children born to a woman was 6.2, and now it is 3.3. By these parameters, Malaysia’s current population of slightly more than 22 million is estimated to reach 27.8 million in 2010 and 33.4 million by 2020.

Socio-economic development together with efforts made in health and family planning programmes have resulted in rapid declines in fertility and mortality and increased life span. Fertility transition, which began in the 1960’s has continued on to the current levels in the 1990’s.

As a result of declining growth, lower fertility and lower mortality, the proportion of young people is becoming smaller compared to older age groups. In 1960, children aged less than 15 accounted for 49 per cent of the population. Productive adults (15 – 64 years old) also made up 49 per cent of the population. In 1996, the former accounted for 35 per cent and the latter for 59 per cent of the population. Twenty years from now, these figures are expected to be 30.5 per cent and 63.35 per cent respectively. The aged population (65 years and above) has also increased, from 3.1per cent in 1970 to 3.7 per cent in 1991and 4 per cent in 2000. It is expected to reach 6.2per cent in 2020.

Life expectancy for Malaysians, both men and women, has been increasing over the years. In 1948, the life expectancy for men was 47 years and for women 50 years. By 1996, the life expectancy had risen to 69.3 years for men and 74.0 years for women.

247. The feminisation of aging, whereby there are significantly more elderly women than men have several implications, the main ones being:

248. The Ministry of Health has begun to pay attention to aging and health care for the elderly, however not much emphasis has been given to the gender differential except for the concern over menopause. Malaysia has formulated a national policy on aging, and has begun social and health services for the elderly men and women.

249. Women’s health and lives are still being threatened by conditions arising out of pregnancy, childbirth and the puerperal period. While maternal mortality in Malaysia has declined appreciably to less than 20 per 100,000 live births (it was 83 in 1975), vigilance and the strengthening of effective strategies is necessary in order to reduce this rate further.

State	1975	1985	1995	1998
Perlis Kedah Pulau Pinang Perak Selangor Kuala Lumpur Negeri Sembilan Melaka Johor Pahang Terengganu Kelantan	1.06 1.09 0.42 1.02 0.49 N.A.* 0.25 0.38 0.67 1.71 1.01 1.28	0.72 0.55 0.30 0.43 0.22 0.08 0.40 0.06 0.24 0.65 0.58 0.60	0.0 0.2 0.2 0.3 0.2 0.3 0.2 0.1 0.3 0.3 0.2 0.1	0.2 0.3 0.3 0.2 0.2 0.4 0.1 0.4 0.2 0.4 0.1 0.2
Peninsular Malaysia	0.83	0.37	0.2	N.A.
Sabah Sarawak Labuan	N.A. N.A. -	0.21 0.10 -	0.2 0.1 0.0	0.4 0.2 1.5
Malaysia	N.A.	0.34	0.2	0.3

1975 - Vital Statistics, Peninsular Malaysia, Department of Statistics, Malaysia 1975.

250. Maternal morbidity is another measure that needs to be monitored; it is not enough that deaths are prevented, it is also important to reduce the risk/ causes for such deaths and to ensure optimal health for women in this critical physiological function that they perform.

Table 12.2: Infant Mortality in Malaysia by State 1975 – 1998 (Infant Deaths per

State	1975	1985	1995	1998
Perlis Kedah Pulau Pinang Perak Selangor Kuala Lumpur Negeri Sembilan Melaka Johor Pahang Terengganu Kelantan	42.6 40.2 28.9 32.9 27.1 N.A.* 26.8 33.9 31.0 32.0 38.4 44.1	17.7 20.0 13.8 19.3 13.2 9.8 12.4 16.9 15.1 16.8 22.1 25.5	8.5 7.8 9.5 10.4 6.8 13.4 12.5 9.7 9.6 10.1 12.3 11.4	8.7 9.5 7.8 7.1 5.9 11.5 7.8 9.5 7.6 10.8 11.4 9.6
Peninsular Malaysia	33.2	17.0	9.8	8.5
Sabah Sarawak Labuan	N.A. N.A. -	17.6 11.3 -	N.A. N.A. N.A.	11.5 6.2 24.1
Malaysia	N.A.	16.78	N.A.	8.1

Source:
1975 - Vital Statistics, Peninsular Malaysia

251. Conditions such as anaemia in pregnancy and maternal malnutrition have declined but a lot more needs to be done. Much of the mortality now is caused by or related to conditions less easy to manage such as pregnancy-induced hypertension, haemorrhaging before, during or after the birth and embolism. The rates for prenatal and infant mortality have also declined, as indicated in Table 12.2.

252. The issue of abortion is closely related to maternal mortality and morbidity. Abortion has not been legalized in Malaysia, but it is permitted on certain grounds. Prior to 1989, an abortion was only permitted for the purpose of saving a woman’s life. Since then, the law has been amended to allow for ‘therapeutic abortions’ i.e. abortions can be done if the pregnancy is likely to result in danger to the mother’s physical or mental health. However, the patient must obtain the approval of two government medical specialists before this can be done.

253. Recognising that many illegal abortions take place, government policy requires that medical practitioners performing abortions – whether legal or not – must treat the patient humanely and do everything possible to save her life or restore her to health, just as for any other medical condition.

254. Apart from issues relating to maternal morbidity and mortality, the health care system in Malaysia is also concerned about conditions which threaten the health of women generally. These include conditions which affect women exclusively (e.g. ‘female’ cancers or diseases) or, which, although not exclusive to women, have biological of socio-economic implications which are specific or particularly relevant to women e.g. HIV/AIDS.

255. The first recorded AIDS case in Malaysia was reported in 1986. In 1990 there were 756 recorded cases of HIV infected persons and this rose to 4,230 in 1995. The sharp rise in reported cases is probably partly due to the active screening in the early 1990s of persons with high-risk behaviours, especially drug users in correctional institutions. Currently, the number of newly infected persons remains almost stable at about 4,000 a year. The majority of these are males, who make up 96 per cent of HIV-infected people and 94 per cent of people with AIDS. The highest incidence is among drug users. However, the proportion of females being infected is on the rise, suggesting the greater role played by sexual transmission. Please refer to Chart 12.1

256. Sexual transmission is therefore an area of concern for women because women are biologically vulnerable to STDs, which make them even more vulnerable to HIV with loss of integrity of the vaginal cellular lining; it accounts for at least 24.3per cent of AIDS cases and 8.8per cent of HIV infections.

257. A key issue is the inappropriateness for women of current AIDS/HIV prevention campaigns and strategies. For instance, these initiatives emphasise the importance of reducing sexual partners but women, as opposed to men, are largely monogamous, except for sex workers regarding whom the socio-economic factors are complex and require separate strategies and policies. Similarly, fidelity in marriage and proper and consistent condom use are often advocated; however, while many women are faithful to their husbands, very few can ensure that their husbands are faithful to them and few women are in a position to insist that their husbands or partners use condoms.

258. Compounding these problems is the fact that biologically, women are more vulnerable to STDs and HIV infection. In addition, many high-risk women are of child-bearing age, opening up opportunities for prenatal transmission leading to paediatric AIDS.

Chart 12.1: Percentage of Females Among HIV- Infected Persons
in Malaysia 1989-1997

259. Breast cancer and cervical cancer are leading causes of death among women worldwide. In Malaysia, both are prevalent. Breast cancer has surpassed cervical cancer to become the leading type of cancer among Malaysian women. Of the approximately 16,000 female deaths medically certified and inspected in 1998, 12.6 per cent were due to cancer, of which 26 per cent were due to breast and cervical cancer.

260. Since the causes of these cancers remain obscure (although some risk factors have been postulated) primary prevention is not feasible. Fortunately, secondary prevention is possible through screening procedures for both these cancers. The NHMS2 shows that only 26 per cent of women aged 20 and above have ever undergone the Pap Smear test, and only 47 per cent have had their breasts examined. Pap smear screening has been provided for all women in all government clinics. Efforts are being made to encourage women to examine their own breast or to undergo breast examination conducted by health workers, and all major hospitals in the country has established breast clinics. Mammograms are free to women who are considered to be at high risk.

261. Lifestyle-related diseases are becoming important causes of ill-health in Malaysia. Since 1991 the Ministry of Health has been carrying out the Healthy Lifestyle Campaign which addresses several risk factors such as smoking, poor diet and so on.

The NHMS2 found that 3.5per cent of Malaysian women aged 18 years and above were smokers, compared to 49.2 per cent of men. This rate has not changed from that of ten years ago, when it was found that 4 per cent of women above the age of 15 were smokers.

The NHMS2 shows that fewer women exercised compared to men, and fewer of them exercised adequately. While 37.8per cent of men aged 18 years and above exercised, only 25 per cent of women from the same age group did so. While 16.2per cent of men exercised adequately for optimal cardiovascular fitness, this in only true of 7.7per cent of women.

The same study shows that 17.9 per cent of adult women are overweight compared to 15.1per cent of adult men. 5.7per cent of women and 2.9per cent of men are obese.

While diet, obesity and lack of exercise are independent risk factors for cardiovascular diseases (CVD), they are also related to another risk factor, high blood cholesterol level. The NHMS2 found that young women had lower blood cholesterol than men, but as ages advanced the levels were comparable. This underscores the role of female hormones in controlling blood cholesterol levels. One of the objectives of tobacco control is to reduce the prevalence of the tobacco use among Malaysian not more than 10 per cent by the year 2010.

262. Adolescents of both sexes have special health needs, and these have biological, social, economic and cultural bases. The health related areas of concern are:

263. Data on adolescent health in Malaysia is not readily available. However, population census 2000 shows 3 per cent of adolescents 15 – 19 years of age were ever married with 1 per cent among boys and 5 per cent among girls. Approximately 3 per cent of the total live birth in 1998 occurred among ever-married girls age 15 – 19 years, 28 per cent of which are of second or more live birth order. The fertility rate of these adolescences is 15 per 1000 girls. National Population and Family Development Board (LPPKN) study on adolescence sexuality 1994/ 1995 shows more girls (66.7 percent) than boys (57.1 per cent) had heard of oral contraceptive. The NHMS2 shows that 30.7 per cent of secondary schoolboys and 4.8 per cent of schoolgirls claimed to have smoked cigarettes. Drug abuse was found in 3.4per cent of boys and 1.2 per cent of girls, while alcohol drinking was found in 13per cent of boys and 5.6per cent of girls.

264. An emerging health problem for adolescent is mental illness, and since there is a higher incidence in women than in men, intervention for young girls is important. Eating disorders such as anorexia and bulimia are more common in girls, and there is evidence that these problems are emerging among Malaysian girls.

265. There may be several gender differences in aging between men and women. For women, the menopause, with its physical, psychological and social dimensions, is of special significance. A study conducted by the shows that some health problems are commoner in women than in men, as indicated in Table 12.3.

Table12. 3: Health Problems Experienced by Elderly Men and Women

Source: National Population and Family Development Board, Family Care of The Elderly in Klang Valley 1992.

266. As many women outlive their husbands, aging for them may be accompanied by poverty, loneliness, neglect, isolation and dependence on others.

267. Mental illness is a major health problem for women, and to a large extent this arises out of their unequal status is society and the consequent stresses that they face. Mental disorders are generally associated with alienation, powerlessness and poverty, conditions more acutely experienced by women than by men. Depression is found to be 2 – 3 times commoner in women than men, and some mental disorders are specific or almost exclusive to women such as post-partum psychoses and the eating disorders of young girls. The NHMS2 found that the prevalence of mental disorder in women was 1.5 times higher than that of men.

268. This topic is discussed in detail in the chapter on Article 5 (Sex Roles and the Stereotyping of Women.) In 1998, the Ministry of Health in partnership with other agencies, established one-stop crisis centres at all major hospitals for proper and co-ordinated management of rape and other forms of violence against women and children.

269. In terms of services, while reproductive, maternal and child health services are still a key area, the scope of health services for women have expanded considerably.

270. Maternal health services consist of antenatal, intra-natal and post-natal care. 70 per cent of the pregnant women receive antenatal care.

271. It is estimated that for each pregnancy, a woman makes about seven visits to health centres for antenatal services, which are provided free at government centres. With regard to intra-natal care, more than 95 per cent of deliveries in Malaysia are conducted by skilled attendants. Even when the birth attendant is utilized for a home delivery, she is almost always accompanied by a government-trained midwife or nurse. Mothers are given post-natal nursing care up to the end of the post-partum period. These MCH services have contributed, in no small measure, to the reduction of maternal and infant mortality in the country. In addition, several initiatives for the further reduction of maternal mortality have been introduced. These include:

272. While the health sector can address health and biological risks, the social factors are complex and more difficult where intervention is concerned. The Safe Motherhood Initiative deserves special mention, because it goes beyond biological factors and addresses social factors. Its strategies are:

273. Family planning services are provided by four main agencies – the Ministry of Health, the National Population and Family Development Board, the Family Planning Associations and the wide network of private medical practitioners. These agencies ensure access and coverage for urban and local populations, as well as a wide choice of methods. Women do not require any form of official consent to avail themselves of these services.

274. There is evidence that there has been an upward trend in family planning practice - in 1974, only about a third of couples practiced contraception, now more than 50 per cent of couples do. While a wide range of methods is available, the most popular is still the Pill, which is indicative of the fact that the responsibility for family planning is mostly assumed by women. However, the rate of condom use has increased, from 2.3 per cent in the mid-sixties to 4.4 per cent in the mid-eighties and 9.4per cent in 1994. This trend of males taking more responsibility for contraception must be further encouraged.

275. Family planning services have often come under criticism for their objectives based on demographic consideration, which may be at the expense of women’s needs and women’s health. Basically, family planning services are used for spacing of births- at least two years. Infertility is another area of concern. It is estimated that about 15 per cent of married Malaysian couples are infertile. Currently, public services for this problem are not widely available in this country, and the costs at private centres are too prohibitive for many people.

276. The number of women who undergo cancer screening is dismally small. Recognizing the importance of early detection, government facilities have offered the Pap Smear test to all women who use family planning methods since 1981 and to all women regardless of family planning practice since 1995. Where necessary, screening is also done by colposcopy for direct examination.

277. Efforts are being made to encourage women to examine their own breasts or to undergo breast examinations conducted by health workers, and all major hospitals in the country have established breast clinics. Mammograms are offered free to women who are considered to be at high risk.

278. Women tend to have a higher prevalence of being overweight than men, and they exercise less frequently. Nutrition education emphasizing a healthy diet using several approaches has been implemented; a major approach is the Ministry of Health’s Healthy Lifestyle Campaign. Currently, these initiatives are in general and it has not addressed the specific gender.

279. In terms of the MCH, some of the strategies towards ensuring adequate nutrition of mother and child that have been implemented include:

280. Women, especially working women, need more support and encouragement to breastfeed, and several efforts towards this have been made with the result that the rate of breastfeeding has increased. The NHMS2 reports that 88.6 per cent of mothers now breast feed, and the mean duration is 28 weeks – an improvement over the rates reported in the 1980, which rarely exceeded 80per cent.

281. Recognizing the varied services needed by women besides those related to maternal care or treatment of ailments, the Ministry of Health has begun to set up Well Women clinics which provide a whole range of services aimed at holistic care, and emphasize promotion and prevention. The clinics also look into the needs of elderly women and provide intervention for menopausal symptoms if needed.

282. While the health care system in Malaysia recognises the importance of addressing the needs of women as patients, it also recognises that women have contributed substantially towards the development of health care and that they play a significant role in both the formal and informal sectors of the health care system in the country.

283. More than one-third of the more than 100,000 workers employed by the Ministry of Health staff are nurses, almost all of whom are women. In the country context, there has been an increase in the number of women in various categories of the health sector from 1980 to 1991, as shown in Table 12.4. It is encouraging to note that the proportion of women professionals in this sector including doctors, pharmacists and dentists is increasing. However, the proportion of women who are in policy and decision making positions remains small.

Table 12.4: Distribution of Health Workers by Sex, 1980 and 1991

Occupation	Percentage (%) of Workers
	1980		1991
	Male	Female	Male	Female
Physicians and surgeons	78.1	21.9	68.4	31.6
Medical assistants, medical laboratory assistants & related technicians	86.9	13.1	79.1	20.9
Dentists, dental professional nurses and dental assistants	32.8	67.2	31.7	68.3
Pharmaceutical assistants	57.5	42.5	45.9	54.1
Non-professional nurses (except dental)	2.0	98.0	2.0	98.0
Non-professional nurses (dental and medical)	3.9	96.1	5.3	94.7

284. Women bear much of the responsibility for maintaining health in society. In the home, it is usually women who attend to the health needs of the household – overseeing the children’s dietary needs and educating them on healthy habits, managing the overall hygiene and safety of the household, ministering to the ill or elderly and so on. In indigenous communities, it is often women who are the healers due to their knowledge of indigenous or folk medicine. This is especially so in pregnancy and the birthing process - almost all TBAs are women. Unfortunately, women’s contributions in terms of informal health are seldom acknowledged in economic terms.

285. NGOs play a very important role in promoting health in the country. Their contributions include complementing or supporting government programmes or initiatives, providing education and information on a wide range of health related issues, offering services such as palliative care and performing community mobilization and advocacy.

286. Overall it can be said that Malaysian women are not greatly disadvantaged in terms of access to health - indeed women have sometimes been accorded special status in terms of the services provided. However, there are still many areas for intervention and further improvement, such as expanding the services from the bio-medical model to cover the socio-economic and cultural factors that affect women’s health.

SOCIAL AND ECONOMIC BENEFITS

287. Although Malaysia is not a welfare state where a citizen receives monetary payment from the public coffers for not being gainfully employed, there are other individual or family benefits. These benefits include public housing schemes for the low-income group, various kinds of assistance given under the hard-core poverty alleviation programme, social benefits for disabled persons and the pension scheme. These benefits are generally implemented through various laws and regulations and are non-discriminatory with respect to gender.

288. Under the Income Tax Act 1967 (Act 155), a wife can choose to have her income assessed separately from her husband’s. This is in recognition of the financial independence of Malaysian women who increasingly constitute an important proportion of the Malaysian work force, both in the public and private sector. In addition, the husband and wife are entitled to make a choice as to who should claim their children’s tax relief.

289. Similarly, either the husband or wife may claim medical expenses for parents, which was incurred in the year of assessment. In addition, either the husband or wife can claim tax relief for medical expenses of a spouse or child suffering from a serious disease and for the purchase of medical support equipment for the individual’s own use, or for other family members including parents who are disabled. Another benefit under the Income Tax Act is that individuals attending training at government recognized institutions for the purpose of acquiring technical, vocational or industrial skill are entitled to tax relief on their fees. This is in addition to the tax deduction one gets if one is a disabled person.

290. The Banking and Financial Institution Act 1989 (BAFIA) and other related banking and financial legislation do not discriminate on the basis of gender. BAFIA covers three categories of financial institutions - licensed, scheduled and non-scheduled institutions. Although the Government has adopted a tight monetary stance from time to time to discourage rapid growth in consumption, measures have also been taken to ensure that the consequent tightening of liquidity does not affect the accessibility to credit of certain sectors of the economy or to the lower and middle-income groups of the population. There have been no reports of financial credit or loans being denied to any group although, in practice, women seem to constitute a low proportion of those taking loans from commercial banks and other financial institutions.

291. In the public sector, both male and female officers have equal access to government housing loans and conveyance loans under the Housing Loan Fund Act 1971. Gender is not a consideration in assessing an applicant’s suitability for a housing or conveyance loan; instead, factors such as the applicant’s years of service, seniority and ability to repay the loan are taken into account.

292. Under the nation’s labour provisions, maternity benefits are given to all women up to the fifth birth for a period of not less than 60 days. In both the public and private sectors, the husband is given paternity leave up to a period of 7 days for the birth of each child. In addition, an increasing number of employers have provided childcare centres at the work place.

293. Although the Employment Act 1955 guarantees equality to both men and women, it contains certain provisions aimed at protecting women in the workplace such as the a provision prohibiting women from working underground or the midnight shift without the prior approval of the Director General of Labour.

The Factories and Machineries Act 1967 (Act 139) and The Employees’ Social Security Act 1969 (Act 4)

294. The Factories and Machineries Act 1967 requires that a rest room for women must be provided in any factory where 15 or more women are employed. The Employees’ Social Security Act 1969 (SOCSO), which provides for dependant benefits and survivors’ pensions, also has clauses which provide for a worker’s wife and children in the event of his death.

295. Under the Pension Act 1980, workers are paid pensions based upon a predetermined formula irrespective of gender. In the case of a male pensioner who dies, his widow and children will continue to receive his pension and vice versa. The pension is paid directly to the widow even after she remarries and to the children until they attain the age of maturity.

296. There is no discrimination against women in terms of participation in recreational activities, sports or any aspect of cultural life. In the public sector for example, both male and female officers from Division 1 can apply for a Government subsidy for membership fees when joining sports or recreational clubs.

297. In conclusion, efforts to improve the social, legal and economic welfare of women in Malaysia will continue, including efforts to enhance the role, position and contribution of women in the socio-economic development of the country. Measures to create a gender-positive environment will be implemented in both the public and private sectors. Moreover, efforts to address and change the prevailing negative stereotyping and perceptions of the role of women will be continued and educational and training opportunities will be provided to enable more women to participate more effectively in the labour market.

298. Laws to further improve the advancement of women will continue to be reviewed. To educate women and increase their awareness of their rights under the existing laws, the Government through the Ministry of Women and Family Development and other Government agencies with the assistance of relevant NGOs will continue to organize legal literacy programmes for women.

RURAL WOMEN

299. The Department of Statistics, Malaysia, defines rural areas as “all other gazetted local authority areas with a population of less than 10,000 persons and non-gazetted areas.”

300. On the whole, the average household income in the rural areas is much lower to that of urban households even though the rural sector contributes 45 per cent of the total labour force in Malaysia. The rural/urban income ratio was 1:1.98 in 1995. The rural development programmes carried out under the Seventh Malaysia Plan (1996-2000) have widened the gap further to 1:2.0 (Table 14.1).

301. The incidence of poverty is a matter of concern in the rural areas. Although the poverty rate declined from 21.1 per cent in 1990 to 15.3 per cent and in 1995, the rate is higher than in the urban areas, which is 3.6 per cent. With a 10.3 per cent poverty rate (222,800 households) expected in the year 2000 in the rural areas, it appears that one out of ten households in rural Malaysia still live under the poverty level. However, this figure is a tremendous improvement compared to one (1) out of two (2) households in 1970 (49.3 per cent) for total households in Peninsular Malaysia.

301. The rural infrastructure programmes carried out since Independence have significantly improved living conditions in the rural areas. In 1995, 99 per cent of rural households in Peninsular Malaysia, 65 per cent in Sabah and 67 per cent in Sarawak had access to electricity and 83 per cent of rural households in Peninsular Malaysia and 61per cent of rural households in Sabah and Sarawak had treated water. In addition, the rural population also had metalled roads, which totalled on the average 1.5 kilometres of road for every one square kilometre in 1995.

302. The rural population comprises 38.01 per cent of the Malaysian population (Population Census, 2000). Women comprise 48.74 per cent of the rural population. The largest cohort group is the 10 to 19 year old group, followed by the 20 to 29 year old group and there is a higher proportion of women in the old age group than men.

303. In terms of the marital status of the Malaysian population 56.91 per cent are not married, 39.64 per cent are married and 3.46 per cent are widowed, divorced or separated. There were 678,757 persons in Malaysia in 2000 who were widowed, 81.0 per cent of whom were women, while there were 125,520 divorcees, 74.89 per cent of whom were women. Although there is no specific data for the rural population, it is estimated that about half of these figures represent the rural population.

304. On the whole the literacy rate among rural women has improved from 58.6 per cent in 1980 to 74.0 per cent in 1991. Nevertheless, compared to urban women and men as a whole, the literacy rate among rural women is low. Those who are illiterate are probably in the older cohort group and this will decline with improved educational services.

Table14.2: Literacy Rate, 1970, 1980, 1991,1996 and 2000

305. The role of rural women in the economy can be analysed from two perspectives: formal (labour force participation) and non-formal (micro enterprise activities). In 2000, rural women comprised 15.2 per cent of the total labour force and 32.4 per cent of the rural labour force. Rural women represent 10.5 per cent (1,006,100), 2.6 per cent (246,200) and 2.2 per cent (212,400) of the total labour force in Peninsular Malaysia, Sabah and Sarawak respectively in 2000. In terms of the rural labour force they make up 22.3 per cent, 5.4 per cent and 4.7 per cent i.e. figure for Sarawak for Peninsular Malaysia, Sabah and Sarawak respectively.

306. Labour force participation among rural women was 43.8 per cent in 2000, which is slightly lower than the percentage for overall female labour participation. The main reason, given by three quarters of the women not in the labour force, was housework. Research on role performance among rural households indicates that women, whether they are in the labour force or not are responsible for managing family affairs whereas husbands are free to concentrate on economic activities. Chart 14.1 shows that the majority of the women in the labour force are involved in agriculture-based industries followed by manufacturing, professional services and sales.

P
S
A
M

307. In terms of employment status, 19.0 per cent of rural women in 2000 were working as unpaid family workers while 16.4 per cent were own account workers.

308. Unpaid family workers comprised the highest group amongst rural women. Rural women comprised 69.2 per cent, 68.0 per cent and 61.7 per cent of the total of unpaid family workers in Peninsular Malaysia, Sarawak and Sabah respectively in 2000.

309. In addition to labour force participation, rural women are also active in micro enterprise or other income-generating activities. Data from the Department of Agriculture (DOA) indicates that there are 1,175 micro enterprise projects being carried out by Women Extension Group (KPW) members and that 27 projects have been registered. The Federal Land Development Authority (FELDA) estimates that about 900 women are involved in micro enterprise projects. There are also 81 women beneficiaries from the Entrepreneurship Programme of the Farmers Organization Authority (FOA). In 1997, 214 women entrepreneurs were assisted to develop their projects under FOA’s Village Based Human Development Programme.

310. Data from the Rubber Industries Smallholders Development Authority (RISDA) indicates that there are 5,945 Smallholders Women’s Group (PWPK) members involved in micro enterprise projects. There are probably many more women currently involved in small enterprises who contribute significantly to the economic standing of their families.

311. Table 14.3 shows the distribution of employed persons in agricultural occupations by sex for 1992 and 1995. Among women working in the agriculture sector, more than half are employed in fruit and related tree and shrub crop farming followed by field crop and vegetable farming. It can be seen that there is a higher participation of women compared to men in field crop and vegetable farming; and that the participation of women in farm machinery operation is minimal. This indicates that women are still involved in occupations, which require fewer skills and a lower level of technological adoption.

Table 14.3: Percentage Distribution of Employed Persons in Selected Agricultural Occupations by Sex in Malaysia 1992 and 1995

Occupation	1992		1995
Occupation	Male	Female	Male	Female
General plantation farm workers	0.4 (73.2)	0.2 (26.8)	1.4 (70.4)	0.9 (29.6)
Field crop and vegetable farm workers	14.8 (32.7)	36.0 (67.3)	11.4 (33.9)	34.8 (66.1)
Fruit tree and related tree and shrub crop workers	60.7 (54.7)	59.4 (45.3)	65.5 (63.2)	59.8 (36.8)
Poultry farm workers	1.5 (65.5)	0.9 (34.4)	1.3 (72.5)	0.8 (27.5)
Nursery workers and gardeners	14.8 (89.6)	2.0 (10.6)	13.3 (89.9)	2.3 (10.1)
Farm machinery operators	2.8 (99.3)	0.0 (0.7)	2.4 (98.6)	0.1 (1.4)
Agricultural and animal husbandry workers not elsewhere classified	5.0 (92.0)	1.4 (8.0)	4.7 (8.4)	1.2 (11.6)
Total	100	100	100	100

( ) Percentage from total in each occupational category and year.

312. Data on women’s role in agriculture in multi-crop farming were available from a study conducted among 180 families in Jelebu, in the state of Negeri Sembilan, in 1990. Women, mostly wives, performed major work and shared responsibilities at all stages of the cultivation of four major crops (paddy, rubber, cocoa and cash crops) from the land preparation stage to the final stage of marketing.

313. Unlike the rice bowl regions of Malaysia, where distinct male and female division of labour in paddy farming prevails, in Jelebu, the sharing of tasks, especially harvesting, threshing, land transplanting operations and packing was more obvious. Sixty per cent of the female respondents shared harvesting tasks with their husbands while 59 per cent shared threshing work. A substantial proportion of the women respondents, however, performed the nursery seedling preparation, transplanting, weeding, winnowing and drying operations without any help from male relatives while the husbands spent much more time in land preparation and clearing activities. The sharing of tasks between husbands and wives in some paddy cultivation activities was also confirmed by the time utilization data.

314. The same applies to cocoa cultivation, rubber tapping and cash cropping. On the whole, a husband and wife tend to spend almost the same amount of time/do the same work in the early stages of cultivation except for crop maintenance, which is mainly done by women. Most husbands do the marketing, selling, preparation of land, fertilizer application, weeding and pesticide application without their wives. As for cash cropping, which includes the cultivation of bananas, pineapples and sugar cane, the supply of labour comes mostly from family members, including the women. More men undertake the sole responsibility of performing the various tasks involved in cash crop cultivation and production as compared to other crops. In contrast, the women are mostly involved in small scale planting as home production activities. Although there is no obvious discrimination against rural women, efforts should be made to enhance their roles both in the home as well as in the work place. Simple machines, which are women-friendly, should be invented to enhance their roles in the work place.

315. Women are the main contributors to the labour force in the manufacturing and industrial sector. This work necessitates women working on shifts or having odd working hours in factories or industrial areas, which are far from their homes and families.

316. Rural women’s involvement in decision-making at all levels of policy and programme planning is vital to ensure that their needs are being addressed and that they are being given opportunities to be partners in development.

317. Current data indicates that few women are involved in decision making at the district or higher level. Enhancing the participation of women in mainstream development would mean providing greater opportunities and accessibility for them to make decisions, to manage their own resources and to be self-reliant. It has been found that a valuable way for women to accomplish this through involvement with women’s groups.

318. In 1994, 250 women’s organizations were registered with the Registrar of Societies, 150 of which were quite active. However, a large proportion of these organizations were located in urban areas. Government and semi-government agencies are making efforts to mobilize rural women through women’s groups. In 1994, DOA had the highest number of village women’s organisations with 1,146 Women Extension Groups (KPW) comprising 32,192 members. FELDA had 324 women’s associations comprising 113,000 members.

319. Except in FELDA, rural women’s organizations are usually represented only at the village level, thus restricting their ability to examine and represent their needs and issues on a national and global basis. In FELDA, the Gerakan Persatuan Wanita (Women’s Movement) operates at the scheme (village) level, but has representatives at the area and national level. In this context one can say that the women in FELDA are getting a better deal as 13 of the rural women leaders have been selected to become Board Members of some of the FELDA Corporations. In addition, more women (15 women and 13 men) are members of the Farmers Consultative Committee.

320. Efforts to commercialise agricultural activities have led to the setting up of co-operatives, farmers’ organizations and group farming. However, women’s involvement in decision-making in these bodies remains very low. In 1996, women comprised 21 per cent of the membership of the Area Farmers Organization but constituted only 6 per cent of the 2,010 members of the Board of Directors. In addition, the majority of women on the Board of Directors represented members of the Women Farmers’ Groups or Co-operatives only. Of the DOA’s 3,072 group farming projects in 1997, there was only about 4 per cent of representation of women even though 18 per cent of the farmers were women.

321. In terms of the ways in which women are involved, rural women have the monopoly of leadership in women’s only organizations, which are mainly social and welfare-based in nature. As such the scope is limited for women leaders to make decisions pertaining to economic participation, control of resources and planning for mainstream activities especially in the context of village development. Women leaders are generally given the responsibility of preparing foods and drinks at festive occasions and generally miss out on the important information and knowledge needed for effective decision-making.

322. In the political arena, rural women have always been the major supporters of political parties. However, the involvement of rural women in the decision making bodies of the various political parties is minimal compared to their numbers. A vast majority of rural women tend to be followers and not leaders. This can be attributed to the cultural barriers to women’s independence and the traditional or stereotypical gender roles in rural communities.

323. One of the emerging issues in Malaysia is the rise in female-headed households. The Population Census of 1991 indicated that 18.2 per cent of rural households in Malaysia were headed by women. A Labour Force survey conducted in 1996 showed that 13.5 per cent of households were female-headed. Although this figure is lower than the 18.2 per cent recorded by the 1991 Population Census, the total number of female-headed households in Malaysia had increased from 607,200 in 1990 to 689,400 in 1996.

324. Female-headed households in the rural areas tend to be in older age group compared to male-headed households, probably because women have longer life expectancy and often outlive their husbands. A study conducted in 1995 among 1,300 female-headed households indicated that two-thirds of the women interviewed were widowed, and this finding was in line with the census data. Men migrating to look for better jobs outside the villages might be another factor that has to led to the increase in the number of female-headed households.

325. To increase participation of rural women at decision-making level, courses and training have been conducted by various agencies such as the Department of Women Development, the Ministry of Rural Development and the Department of Agriculture to build the skills or capacity of rural women, improve their access to knowledge, particularly ICT literacy, enhance their motivation and leadership ability. Gender sensitisation courses for policy makers, programme implementers and community leaders have also been conducted by the Department of Women Development and the Institute of Public Administration (INTAN).

326. The basic health services provided to the rural areas by the health service network are outpatient care for common diseases, maternal and child health care, communicable diseases control, environmental sanitation, dental care, health education and simple laboratory investigations. Rural midwives have been retrained to become community nurses so that they can provide treatment for minor ailments as well as attending to the basic elements of maternal and health care. Health services are also available and accessible to the elderly in remote areas.

327. Achievements have also been made in the provision of health infrastructure. In 1999, the Government health clinics to population ratio was 1:19,524 whilst the Government health clinics to rural population ratio was 1:13,194 and the midwifery clinics/community clinics to rural population ratio was 1:4,758. Campaigns on health awareness are targeting the rural community are conducted by the Government from time to time.

328. School enrolment rates indicate that the access to education in Malaysia has increased. In 1993, the enrolment at primary level was 93.8 per cent and this increased to 95.4 per cent in 1998. Meanwhile at the secondary level, the enrolment increased from 44.5 per cent in 1993 to 79.3 per cent in 1998. On the whole, women’s educational level is lower than men’s and rural women have slightly lower educational attainments than their urban counterparts.

329. Table 14.5 shows that the number of rural women with no formal schooling has declined and that of people with secondary and tertiary education have increased from 1970 to 1991. Those with no formal schooling are usually in the older cohort groups.

Table 14.5: Distribution of Educational Attainment of Malaysian Population by Gender, 1970,1980 and 1991

Educational Attainment	Urban		Rural
Educational Attainment	Male	Female	Male	Female
1970
No schooling Primary Secondary Tertiary	25.7 44.8 29.6 -	39.5 40.1 20.4 -	39.8 47.6 12.6 -	55.3 37.5 7.2 -
1980
No schooling Primary Secondary Tertiary	23.8 35.1 37.9 3.2	32.4 34.5 31.5 1.6	33.7 42.4 23.1 0.7	44.9 36.8 18.0 0.3
1991
No schooling Primary Secondary Tertiary	21.3 29.5 40.1 9.1	26.6 29.7 36.3 7.4	30.0 38.8 28.1 3.0	38.2 34.8 24.4 2.5

Source: Population Census 1970,1980,1991

330. The Malaysian Government has invested heavily in education. To date, almost 100 per cent of children are enrolled in Standard One (first year of primary school) and boys and girls have equal educational opportunities. Table 14.6 shows the number of children in public school by stratum for 1996, 1997 and 1998. Two-thirds of primary school children in 1998 were in rural schools, and there were more male students compared to female students in primary schools.

Table 14.6: Number of Children in Primary, Secondary School by Gender and Stratum 1996, 1997 and 1998

	1996			1997			1998
LG	Primary	Lower Sec.	Upper Sec.	Primary	Lower Sec.	Upper Sec	Primary	Lower Sec.	Upper Sec.
UM	508,914	265,026	120,804	529,250	274,077	136,860	529,292	283,220	146,190
UF	483,187	269,121	149,286	499,609	277,420	163,454	502,711	285,378	170,414
RM	951,715	314,839	143,510	948,640	329,986	147,925	946,021	336,285	156,220
RF	903,303	304,849	169,105	901,355	318,351	170,961	893,686	324,968	179,489
T 2,847,119		1,153,835	582,705	2,878,854	1,199,834	619,200	2,871,710	1,229,951	632,313

331. Female students’ enrolment and performance are also better at the tertiary level even though this is not really reflected later in labour force participation. Female participation in the labour force is only 63 per cent compared to male participation, which is 80 per cent. In addition, girls tend to go for more stereotyped courses in schools and in higher education. Therefore, there is a need for reorientation and reconditioning to encourage more girls to take up male-dominated courses although currently the number of girls enrolled in such courses is increasing.

332. The Government has also provided information technology (IT) facilities and education to the rural areas by introducing smart schools and computer classes. The students also acquire a greater knowledge of IT when they further their studies at the tertiary level.

333. Various agencies provide skill and capability building services in the rural areas. Basically training programmes, which target rural women, focus on enhancing women’s role in homemaking and family life by teaching them skills such as cooking, sewing and caring for children. Some women, however, are able to develop and commercialise their skills by venturing into micro enterprise projects and other such economic activities. Of late, the courses and training programmes for rural women have been diversified to include entrepreneurship, motivation and leadership training, micro enterprise development skills and so on. Religious classes, literacy programmes and family development programmes are mainly targeted at women.

334. Data provided by agencies are not gender disaggregated and hence it is difficult to determine the extent of women’s involvement in their training programmes. Agencies are only able to provide the required data when the training has been targeted at women. Data provided by FELCRA Berhad indicate that a total of 2,448 rural women participated in skills, entrepreneurship and motivation and leadership training in 1998. The women participants represented 24 per cent of FELCRA’s total trainees. RISDA provided extension services to 590,955 women from 1994 to 1998. They comprised 35 per cent of the RISDA clientele during that period.

335. The Entrepreneur Services Section of the DOA has been very active in providing training to 34,435 members of KPW. More than 15,000 KPW members have attended training at their respective villages or at various agriculture training centres. There are 1,175 KPW members with income generating projects. A total of 19,148 women, representing 43 per cent of the total number of people trained by DOA, participated in food production, food processing, nutrition and motivation management courses in 1996-1997. In addition, RISDA provided a total of 21,815 extension activities to 326,000 participants in 1996, of whom 42 per cent of were women.

336. There are many other agencies that provide services for rural women. KEMAS, the community development division of the Ministry of Rural Development, is responsible for providing training and leadership in family development. This agency provides vocational training and preschool teacher training as well as training on family well-being and functional literacy. The Penang Regional Development Authority (PERDA) and the South East Johore Development Authority (KEJORA) are some of the other agencies, which have conducted training programmes to increase the knowledge and skills of rural families. In addition, village libraries have also been established to cater for the educational and information needs of the rural population.

337. Although various skill-building courses are provided by Government agencies, women often find themselves unable to benefit fully from such courses because of their domestic responsibilities. Studies conducted in 1991 among women in Jelebu, indicate that agriculture technology transfer was minimal when husbands attended trainings where women were supposed to be the target group and were the ones to undertake the work on the farm. As the courses were conducted far from the home locality of many women and were of long duration, many women were unable to attend the courses because of their family responsibilities. Therefore, it is imperative that the courses be adjusted to accommodate rural women’s needs in terms of the modules, training contents and logistics.

338. The overall educational attainment of rural women, especially in the fields of technology, entrepreneurship, motivation and leadership, is still low and this limits their ability to gain greater access to productive resources or to compete in the market for better opportunities. The type of training available to them is based more on basic skills, knowledge of field activities and on community development and there is very little in the way of specialized courses on areas such as entrepreneurship. As such, the majority of rural women are involved in lowly paid and time-consuming field activities even though qualified trained extension workers in human resource development are provided by KEMAS, the DOA and FELCRA.

339. For rural women, accessibility to productive resources such as credit quite often depends on their income level. Under poverty eradication programmes, hardcore poor women especially those on the Government’s Hardcore Poor List have better access to credit than those from non-poor households. Poor rural women have also been the target group of most micro credit programmes set up by NGOs since they have proven themselves bankable. There are so far 64,382 micro credit recipients under programmes run by bodies such as the Amanah Ikhtiar Malaysia, Yayasan Usaha Maju (The Development Foundation) and the Yayasan Pembangunan Terengganu (Terengganu Development Foundation). The amount of credit provided is RM272.9 million.

340. As for rural women who are not classed as hardcore poor, they have access to credit facilities provided by some government agencies. For example, the Farmers Organisation Authority (FOA) provides credit for farming, household items and also for the farmers’ children’s education. RISDA under its Social Economic Development Fund also provides credit for income-generating projects. In addition, two states in Peninsular Malaysia have started giving more credit to rural women for the purpose of scaling-up their businesses under the states’ DOA. More states are expected to follow suit in the near future.

341. One of the main concerns of women who are involved in a micro enterprise is the limited marketing for their products. Efforts are being made by various departments such as the DOA and the Federal Agriculture Marketing Authority (FAMA) to facilitate the marketing of rural women’s products. The products of KPW members are being marketed locally under the brand name ‘WANIS’ while some food products (e.g. roselle) are for both the domestic and international market.

342. A total of 940 collection centres have been established to provide packaging and distribution channels for KPW members through the direct selling concept. RISDA and FOA market their women members’ products through their co-operatives. FAMA mini markets and farmers’ markets as well as the FOA’s farmers’ markets facilitate the selling of fresh and processed products. A group of women in Pontian have formed a company to market their products under the brand name of ‘MADUMAS’. In addition, women’s groups under various other agencies are being given the opportunity to display and sell their products at exhibitions.

Access to Technology

343. Although mechanisation of farm activities helps to improve productivity but in some cases it displaces women. In the rice-farming area of Kedah, mechanisation has taken over the role of women in transplanting and harvesting. In cocoa processing, the splitting of cocoa pods is mainly done by women. Most machines are not women friendly and were not developed with lessening the drudgery of women’s work in mind. Therefore, to ensure that women are not displaced due to new technologies and machineries, the Farm Family Development Unit of DOA has started providing appropriate machines to women micro entrepreneurs to enable them to increase their production. KPW members who are involved in micro enterprises and are in need of machinery to expand their production are also eligible for such support. In addition, rural women entrepreneurs are also given advice and guidance on how to scale-up their projects. The Rural Economy Division of the Ministry of Rural Development provides subsidies to purchase machines for rural industries on a part loan (70:30) scheme so that rural women can afford to own machines or immediate level technology to assist them in product processing and the up scaling of their enterprises. In 2001, 17 women benefited from the Rural Economic Funding Scheme as opposed to 59 men.

344. Rural women in Malaysia have the right to own and inherit land. Muslim women are eligible to inherit land based on Syariah law. With the amendment of the Land (Group Settlement Areas) Act, a wife or ex-wife is entitled to co-own the developed land under the FELDA scheme.

345. Data from the 1992 Smallholder Census indicates that there were 420,193 rubber smallholders in that year. 30.5 per cent were female smallholders with an average holding of 1.65 hectares as compared to male smallholders with 2.02 hectares. The census also shows that 13.6 per cent of females were categorized as hardcore poor compared to only 10.9 per cent of males. Uneconomic size of holdings, especially in rubber, is one of the main factors contributing to the low income of both male and female rubber smallholders. To overcome this problem, RISDA has embarked on the RISDA Estate Programme whereby uneconomic-sized rubber holdings are managed on an estate basis to boost higher productivity and to provide income to smallholders on a monthly basis as well as wages, if they are recruited as workers.

Rural Women’s Involvement in Self-help Groups/Co-operatives/Community Development

346. Through the women’ sections of various agencies such as KPW (DOA) or PWPK (RISDA), women have been organized to form self-help groups. Although at the initial stage the focus was mainly on social activities, several groups have since successfully ventured into economic activities. The KPW recorded total sales of RM14.5 million in 1996 while the PWPK recorded total sales of RM1.2 million in the same year. Meanwhile, women under the FOA have been able to organize themselves to form co-operatives, and they have been actively involved in economic projects.

Agency	Group	No. of Branches/Groups	No. of Members
Department of Agriculture (DOA)	KPW	1,202	34,435
Federal Land Consolidation And Reclamation Authority (FELCRA)	WADIRA	1,111	10,592
Rubber Industries Smallholders Development Authority (RISDA)	PWPK	660	16,470
Fisheries Development Authority (FDA)	KUNITA	78	3,223

347. A co-operative is an organisation, which has more than 100 members. The large membership is not necessarily a problem provided that the administration and management of the co-operative is refined and well managed. Refinement of co-operative mechanism is essential to make it work at the sublevel in the districts and to align it to the state levels. In 1997 there were 21 co-operatives in the form of 14 women’s co-operatives (2,149 members), four village co-operatives (368 members) and three multi-purpose co-operative with 459 members. The share value of these co-operatives was RM491,415.00.

348. In general, rural women’s activities tend to be informal and socially based. Although the co-operative movement has been in existence in the rural areas since Independence, rural women’s involvement in co-operative activities has been minimal. In 1996, only 8,723 out of 13,574 PWPK members were members of Rubber Smallholders Co-operatives. The Federal Land Consolidation And Reclamation Authority (FELCRA) has set up 147 co-operatives with almost 30,000 members including 1,617 Board Members. However, there are only 30 women Board Members in 17 co-operatives. Where women do join co-operatives, they usually function only as members and are not involved in decision-making.

349. Rural women play an active role in community activities especially welfare and social oriented activities. Rural feasts, weddings and gatherings are affordable due to the voluntary services rendered by the men and women in rural areas. Women contribute significantly to community maintenance – for example, nurturing families and caring for the ill are tasks, which fall almost entirely on women’s shoulders. However, often they have no support systems or training in necessary skills to help them cope and thus suffer stress.

350. Women’s involvement in the labour force and other activities outside the home do not free them from their responsibilities in the domestic sphere. Though women are now helping their husbands earn money, their husbands’ participation in domestic activities remains very low. As such, women have to play a triple role, as mothers and wives in the home, as career women and productive labour in the labour market and as participants in community activities when required.

351. Childcare is one of the key issues facing working women. The Terengganu Family Development Foundation has established day-care services at a minimal price to help dual worker families. FELDA has been very proactive in initiating fathering programmes in an effort to involve fathers in the development of their families. In addition, FELDA has established community support to lighten the burden of women who work outside the home by encouraging the establishment of home-based day-care. There were 300 home-based day-care providers caring for 960 children in FELDA in 1997.

352. Hardcore poor households in rural areas are the target group of the Hardcore Poverty Programme in Malaysia. One of the aims of the above-mentioned programme is to improve the living conditions of the poor through the provision of a housing subsidy. In addition, there are also programmes such as the free textbook programmes, a school uniform subsidy, a quality food subsidy for pre-schoolers, scholarships as well as human development courses to improve the living conditions and status of the hardcore poor and their families. Families involved in land settlement schemes under land development agencies such as FELDA, FELCRA and RISDA are also provided with house units, the cost of which the beneficiaries repay from the sales of their produce.

353. It is necessary to lessen the drudgery of housework and to enable women to be involved in economic activities. Piped water and electricity provide relief for women and shorten the time spent in doing household chores and managing the home. The time saved can be utilized to generate income for the family. A study conducted by Kumi et al (1996)^[6] indicates that almost all respondents in the study owned televisions, radios, refrigerators, washing machines and gas stoves. Rural areas in Malaysia generally enjoy good living conditions as is evident in the Housing Census of 1991 which revealed that about three-quarters of the respondents owned household appliances; that is television sets (69 per cent), refrigerators (42 per cent), washing machines (19 per cent) and radios/hi-fis (70 per cent). Car and motorcycle ownership increased from 12 per cent and 32 per cent respectively in 1980 to 18 per cent and 50 per cent in 1991.

354. This report has attempted to assess the status of rural women within the context of CEDAW. Lack of available up-to-date data on the participation of women, especially in agriculture, makes it difficult to determine the position of women in that sector. Several agencies are responsible for the development of the rural areas, and concerted efforts among all agencies serving rural communities is recommended to achieve the objective of empowering rural women. In addition, gender sensitisation at all levels should be intensified to remove stereotypical assumptions of the role of women by policy makers, programme implementers, community leaders as well as the women themselves so that rural women can fulfil their potential.

355. The principle of equality before the law is well enshrined in Article 8 of the Federal Constitution as mentioned earlier. It is the basic principle that all persons regardless of gender shall be afforded equal protection of the law in Malaysia.

356. In Malaysia, women may enter into any type of contractual relationship, whether in relation to commercial or non-commercial activities. The governing law on contractual relationship is the Contracts Act 1950 (Act 319). In this Act, for the contract to be valid, the contract should be entered into by a competent person who has given free consent, for a lawful consideration in relation to a lawful object. A competent person is further defined as a person who has attained the age of majority and who is of sound mind and not disqualified by any law from contracting. For purposes of making a contract, a person of sound mind is one who is able of comprehending the contract and forming a rational judgment as to its effect upon his interest.

357. These provisions show that the capability and validity of a contract is based on the willingness of parties to do or not to do a certain act, and that the gender of the parties to the contract does not come into play. Hence there is no room for sexual discrimination. In fact, a married woman does not need to obtain the consent of her husband before entering into a contract.

358. In a specific commercial transaction, for instance, in relation to hire purchase of goods, the terminology used in the law regulating such transaction, in this case, the Hire Purchase Act 1967 (Act 212), is neutral. The definitions of ‘owner’and ‘hirer’ make no distinction on the basis of gender. The Hire-Purchase Act 1967 also provides protection and redress to hirers on a general basis, regardless of the sex of the hirer or the owner. Based on this, a woman can enter into a hire-purchase agreement or any contract in so far as she fulfils the criteria, laid down by the statutes.

359. The legal status, rights and obligations of married women are further guaranteed and governed by the Married Women Act 1957 (Act 450). In this regard, married women are feme sole^[7] under the law, in that they are capable of rendering themselves and being rendered liable in respect of any tort, contract, debtor obligation and of suing and being sued in their own names.

360. A married woman is also liable for any debt and contracts entered into, and for any wrong doing, prior to her marriage. She can be appointed as an executrix or administrator, alone or jointly, of the estate of any deceased person and may sue and be sued without her husband.

361. Article 13 of the Federal Constitution states that no person shall be deprived of property unless it is in accordance with law. In practice, a daughter or any female descendant in a family is entitled to property. Regarding the ownership of real estate, for instance, land, house and apartments ownership is based on the concept of registration, which is a prominent feature of a torrent system. The legal concept is based on the indefeasibility of title and interest, hence if the registered document is made in the name of a woman, then she is the legal owner.

362. In the management and administration of property, the statute applicable is the Probate and Administration Act 1959 (Act 97). Again, the Act does not make a distinction on the grounds of gender for the purposes of administering estate of a deceased person. In so far as making wills is concerned, the Wills Act 1959 (Act 346) provides that a will shall be made by a testator who is of sound mind in relation to the disposal of and bequest of his or her property.

363. In relation to probate, a woman may be appointed as an executor and there is no law prohibiting such appointment. The High Courts in Malaysia have been granting probate and issuing letters of administration to any persons entitled under the will irrespective of gender. In this regard, a woman can in all instances be an administrator or executrix of any estate.

364. In the administration of property, Malaysian law recognises the right of a man and a woman to hold separate properties even if they are married to each other. In the event that a property is acquired during the course and subsistence of a marriage then the law recognises the right of woman to claim such matrimonial asset. Thus, in the event of dissolution of marriage the woman has the right to claim certain percentage of the jointly acquired property as well as the right to claim her matrimonial property.

365. In Malaysia a married woman can even have protection and redress over her property against her own husband.

366. The judicial system in Malaysia treats men and women equally. Both men and women have equal access to the judicial system. Any person, regardless of gender, can be a witness in court and can testify as long as he or she possesses a sound mind and rational understanding of the questions put to him or her. The testimony of men and women is treated equally and the acceptability is based on the credibility of the witness and relevance of the testimony rather than on the gender of the witness.

367. For the initiation of any legal proceeding, men and women can sue and be sued in their own names. A woman is also entitled to all remedies and redress available in law in all respects. There is no disparity in awarding damages between a man and a woman in comparable circumstances.

368. In Malaysia, the admissibility of a person to the court is governed by the Legal Profession Act 1976 (Act 166), the Sarawak Advocates Ordinance and the Sabah Advocates Ordinance which provides the procedure for a qualified person to be admitted to the respective Bars in Malaya, Sabah and Sarawak.

369. In Peninsular Malaysia (under the jurisdiction of the High Court of Malaya) a qualified person is defined as one who has passed the final examinations leading to the degree of Bachelor of Laws of the University of Malaya, the University of Malaya in Singapore, the University of Singapore or the National University of Singapore; or is a barrister-in-law of England; or is in possession of such other qualification as may by notification in the Gazette be declared by the Board to be sufficient to make a person a qualified person for the purposes of this Act. In such instance, if a woman fulfils the above requirements then she will be deemed a qualified person and be admitted as an advocate and solicitor. Currently there are 3,189 women lawyers practicing in West Malaysia.^[8]

370. With regards to the judiciary, there are currently five Judicial Commissioner as compared to 16 male Judicial Commissioner and three women judges in the High Court as compared to 36 male judges. In the Federal Court, there are two women compared to six men.

371. Within the legal service, some senior posts are being held by women. The current Solicitor General is the second woman to be appointed to that esteemed position.

372. Women are granted equal access to legal representation. Women who have the means to engage counsel have a free choice in their selection of counsel. For those who cannot afford it, the government has set up the Malaysian Legal Aid Bureau under the auspices of the Prime Minister’s Department to provide and facilitate legal aid to any person who is a resident and present in Malaysia, regardless of their sex. The Legal Aid Bureau’s data indicate that 70% of its clients comprise women, and the main area of its work is in relation to matrimonial matters.

373. The principles on domicile in Malaysia come from the common law of England. Under Section 3(1) of the Civil Law Act 1956 (Act 67), it is stated that in the absence of any applicable law in Malaysia the common law and the rules of equity as administered in England shall be applicable subject to the local customs and beliefs. Under this section, the Court shall in West Malaysia or any part thereof, apply the common law of England and the rules of equity as administered or in force in England on the 7^th day of April 1956, in Sabah apply the common law of England and the rules of equity as administered or in force in England on 1^st day of December 1949 and in Sarawak apply the common law of England and the rules of equity as administered or in force in England on the 12^th day of December 1949. The principles of domicile are a set of principles established to subject an individual to a particular jurisdiction.

374. The meaning of domicile is not statutorily provided for either in the Law Reform Marriage & Divorce Act 1976 (Act 164) nor the Interpretation Act 1976 (Act 388); hence the principles propounded in English case laws are applicable. In this regard, there are three categories of domicile, namely domicile of origin, domicile of choice and matrimonial domicile. A domicile of origin is attributed to every individual and this will prevail until a domicile of choice is determined. In order for a person to change his or her domicile from the domicile of origin to that of choice, he or she must manifest his or her intention of making that change by taking some positive steps towards it.

375. Matrimonial domicile is applicable to a married woman and the children of such marriage. Following English case law, in Malaysia, a married woman acquires the domicile of her husband upon marriage to him. A legitimate child will acquire the domicile of the father and for an illegitimate child that of the mother. The matrimonial domicile of a married woman ceases once the marriage has broken down and her domicile of origin will apply.

376. Article 9(2) of the Federal Constitution provides that every citizen has the right to move freely throughout the Federation and to reside in any part thereof.

377. The criminal procedure in Malaysia takes into consideration the protection of women’s integrity and well-being. For example, the Criminal Procedure Code provides that “whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.”^[9] Further, the Criminal Procedure Code also provides that the Court has the discretion to release on bail a woman who has been charged of an offence for which the punishment is death or imprisonment for life.

378. In terms of sentencing, there are two circumstances in which women are treated differently from men: i) a sentence of whipping is prohibited from being carried out on women and ii)a sentence of death shall be commuted to life imprisonment if the woman convicted of an offence punishable with death is pregnant. Apart from these situations, women and men are sentenced similarly in comparable circumstances.

379. There are no legal concepts such as special defences which apply to women only. The general defences under general criminal law such as mistake of fact, intoxication and private defence are available to men and women alike.

ARTICLE 16

EQUALITY IN MARRIAGE AND FAMILY LAW

380. In Malaysia, family law matters are governed by a combination of Civil, Syariah (Islamic laws) and Adat (customary) laws. The concept of women’s equality in Malaysia is based on the culture and traditional beliefs of its various ethnic groups with the influence of religious values. As such, there is little room for negotiation or deviation from the normal norms or practices. In most cultural practices of the ethnic groups in Malaysia, the concept of family includes also the extended families of the respective husband and wife. Thus, this affects the autonomy and decision-making powers in a family particularly decisions pertaining to woman issues as well as the rights of a wife. For instance, in all cultures in Malaysia, a wife is expected to obey her husband who includes the husband’s family and to behave according to their wishes.

381. In this chapter, Muslim and non-Muslim family law matters will be discussed side by side to reflect the different provisions of laws and practices applicable thereto.

382. Under the Federal Constitution, Islam falls under the purview of the State and thus, the power to enact legislation pertaining to Islam and Muslim well-being fall under the State authority. Each State, therefore, has its own set of Islamic laws as well as its own Islamic Court system.

383. In terms of family law for Muslims the basic principle is almost the same with other states within the Federation with slight differences in the wordings and practices as well as implementation. Therefore, the Islamic Family Law (Federal Territories) Act 1984 (IFLA) will be mentioned specifically in this report wherever there is a reference to such legal provisions besides comparing it with the other State Enactments (laws that are passed by State Authorities) whenever necessary.

384. With regard to non-Muslims, the Law Reform (Marriage and Divorce) Act (LRA) 1976, will be applicable. The LRA was passed due to the proposal made by a Royal Commission that was set up in 1970 to review and propose reforms on laws governing non-Muslim marriage and divorces in Malaysia. Thus, the LRA has been described as:

“An Act which seek to lay down a uniform law on marriage and divorce and matters incidental thereto, applicable to all non-Muslim residents in Malaysia, as well as to all citizens of or domiciled in Malaysia residing abroad.”

385. Such law is necessary to replace the heterogeneous personal laws, which were in force prior to the passing of the LRA. The primary virtue of the reforms is certainty replacing doubts regarding the true legal status of women cohabiting with men under circumstances, which may or may not be legal wedlock until the question is determined by the Courts; and clarifying the legal status of their issues.^[10]

386. After the LRA came into force in 1982, there has been more certainty regarding laws on non-Muslim marriage and divorce. With this new law, only marriages that are registered under the LRA are officially recognized. However marriages solemnized under any law, religion, custom or usage before the date of the LRA’s coming into force (1^st March 1982) are still considered valid and are deemed to be registered under the LRA.

387. For non-Muslims, there is no statutory provision relating to betrothal in Malaysia and breaches of contracts to marry are dealt with under the Contracts Act. In Malaysia, a breach of promise is recognised by law as a valid cause of action, thus indirectly protecting women from empty promises made by men.

388. As for Muslims, betrothal is governed by the relevant Islamic Family Law Enactment of the respective States within the Federation. The IFLA by virtue of Section 15 for instance, provides that:

“If any person has either orally, or in writing, and either personally or through an intermediary, entered into a betrothal in accordance with Hukum Syarak^[11], and subsequently refuses without lawful reason to marry the other party, the other party being willing to marry, the party in default shall be liable to return the betrothal gifts, if any, or the value thereof and to pay whatever moneys have been expended in good faith by or for the other party in preparation for the marriage, and the same may be recovered by action in court.”

389. Thus, it is clear that from this provision both gender may seek the right to sue for breach of promise to marry.

390. Women have the same freedom as men to choose their spouses. Under the LRA (section 22(6)), the Registrar of Marriage must be satisfied that both parties freely consent to the marriage before solemnizing the marriage. It is an offence for a person to use force or threats to compel a person to marry against his or her will or to prevent a person who has attained the age of 21 from contracting a valid marriage. Invalidity of consent is also a ground for voidable marriage.

391. The Muslims in Malaysia enjoy the same principles. Section 13 of IFLA states that a marriage shall not be recognized or registered under this Act unless both parties freely consent to the marriage and either the Wali (the woman’s guardian for marriage) or in the absence of Wali the Syariah Judge has also consented.

392. Using force or threat to compel a woman to marry against her will or to prevent her from contracting a valid marriage once she attained the age of 16 is an offence punishable with fine or imprisonment. This provision clearly gives women the freedom to choose their own spouses. In Malaysian society, forced marriage is not an accepted practice. From the Islamic point of view, the right of women to marry must be protected in order to secure justice in the intended marriage.

393. Further, Muslim women were accorded the right to choose husband of the same standing (kufu’) as her. The rationale for kufu’ is to ensure compatibility and suitability between the parties and consequently to avoid problems in the intended marriage. Kufu’ involves matters such as morality, education, religion, race and standing in society. Thus, when a woman is forced to marry a man of inferior kufu’ to her by her wali mujbir (her father or paternal grandfather), she may reject or ask for the marriage to be annulled.

394. Under the LRA, marriage for non-Muslims shall be solemnized by a Registrar in his office or in such place other than in the office of a Registrar authorised by a valid license issued by the Chief Minister, or through religious ceremony, customs or usage by any clergyman or minister or priest of any church or temple, appointed by the Minister to act as Assistant Registrar of Marriages.

395. For the solemnisation of a civil marriage performed in the office of a Registrar of elsewhere, each of the parties to an intended marriage shall sign and give a notice in the prescribed form in person to the Registrar of Marriage in the district in which such party has been resident for the period of seven days immediately preceding the giving of such notice. (Section 14 of the LRA). The registrar will publicise the notice by posting a copy in a conspicuous place in his office. This notice will be posted up until he grants his certificate for marriage, 21 days from the date of publication.

396. For the solemnisation of marriage through religious ceremony, customs or usage, the Assistant Registrar must be satisfied by statutory declaration that–

397. As for Muslims, Section 16 of IFLA states that ‘wherever it is desired to solemnize a marriage in the Federal Territory, each of the parties to the intended marriage shall apply in the prescribed form for permission to marry to the Registrar for the kariah masjid (area) in which the woman is resident.’

398. In the prescribed form, the intended bridegroom must supply details such as his status, occupation and salary, which must be confirmed by his employer. Women are protected from marrying men who misrepresent themselves as Section 38 of IFLA states that any person who intentionally makes any false declaration or statement in order to procure a marriage is guilty of an offence and shall be punished with a fine not exceeding RM1,000 or with imprisonment not exceeding six months or both.

399. Under the general law (which applies to Muslim and non-Muslims alike), the age of majority for both males and females is 18 years old. However, this law is subject to any other law which fixes the age of majority in specific situations, for example in relation to the capacity of a person to act in marriage, divorce, adoption, religion and so on.

400. The minimum age for marriage under the LRA is 18 years. However, females who have reached the age of 16 may marry if prior permission from the Chief Minister of the relevant State has been obtained. The Chief Minister may then issue a license under the LRA for this purpose.

401. For Muslims, both males and females are also bound by the limitation of minimum age of marriage. Section 8 of IFLA states that “no marriage may be solemnized or registered under this Act where either the man is under the age of 18 or the woman is under the age of 16 except where the Syariah Judge has granted his permission in writing in certain circumstances.”

402. With respect to Article 16.1(a) and paragraph 2, the Government of Malaysia declares that under the Syariah Law and the laws of Malaysia, the age limit for marriage for women is sixteen and men is eighteen.

403. The LRA prohibits polygamy although it recognises all polygamous marriages that had been solemnized before it came into force. The prohibition against polygamy extends beyond marriages contracted under the LRA to any marriage with any person under any law, religion, custom or usage, whether the second and subsequent marriages occurred in Malaysia or outside Malaysia. However, Muslim men in Malaysia are not affected by this prohibition as polygamy is allowed under the Islamic laws in the country.

404. Under the LRA, if any man lawfully married under any law, religion, custom or usage contracts another union with any other woman during the continuance of this marriage, such woman shall have no right of succession or inheritance should he die intestate^[12]. Nothing, however, shall affect his liability to pay for the maintenance of such woman as may be directed to be paid by him under the LRA or any other written law^[13]. Indirectly, this provision seeks to protect women who are married secretly according to Chinese custom, and their children. Although a woman who does this is not legally the man’s wife, their children, although illegitimate in the eyes of law, are entitled to maintenance.

405. Although polygamy is permitted for the Muslims, the Government has introduced laws and procedures in order to control the practices of polygamy. The main reason for the introduction of the laws and procedures is to ensure equality treatment to all the wives in a polygamous marriage. Therefore, the right to practice polygamy may only be exercised with the court permission. The court will only grant permission if it is satisfied that the proposed marriage is just and necessary, having regard to such circumstances as sterility, physical infirmity, physical unfitness for conjugal relations, wilful avoidance of an order for restitution of conjugal rights or insanity on the part of the existing wife or wives.

406. The court must be also be satisfied that the man will be able to support all his wives and dependents, and that he will be able to treat them equally and such intended marriage will not cause harm to the present wife/s.

407. Both civil and Islamic legal systems accord certain rights to wives, the most important ones of which are described below:

408. This right is applicable to Muslims. The dowry, known by the Arabic term mahr, is an obligatory marriage payment due under Islamic law from the husband to the wife at the time the marriage is solemnized. The dowry can either be in the form of money or property.

409. The mahr is payable not to the bride’s father but to the bride. If the amount of the mahr is not agreed between the parties, the amount specified in the State Enactment will apply. In order for the mahr to take a form other than cash, the bride must give her consent, failing which the object would be considered a gift rather than mahr. The IFLA provides that the value of the mahr will be recorded in the marriage certificate so that the wife can claim it in the event of dissolution of marriage.

410. Under both civil and Islamic law, a husband is legally bound to maintain his wife. A married woman who possesses means of her own is under no obligation to pay towards the upkeep of the household although many married women with independent means do so.

411. Under the LRA, the Court has the power to order a man to pay maintenance to his wife or former wife (section 77(1)) and also for the maintenance of his child (section 93(1)). The Court also has the power to set aside and prevent dispositions intended to defeat claims to maintenance.

412. The IFLA holds that it is the duty of a husband to maintain his wife during the subsistence of the marriage. The court can order the husband to pay maintenance to his wife according to the Islamic law. Under the IFLA, the amount of maintenance due to the wife is determined by the court with regard to her means and needs. An order for maintenance expires on the death of the person against whom or in whose favour the order was made, which ever is the earlier.

413. The Act also provides for interim maintenance for women who have been divorced and left without maintenance. In addition, a divorced woman is entitled to stay in the marital home for so long as the husband is not able to get other suitable accommodation for her except in certain situations e.g. the woman has remarried or the period of guardianship of the children has expired or the woman has been guilty of open lewdness.

414. Generally in Malaysia, women retain their own names after marriage. Although among some ethnic groups it is customary for wives to adopt their husband’s family name after marriage, there is no legal requirement for them to do so.

415. The Government of Malaysia, however, made a reservation on Article 16.1(g) with regard to the same personal rights as husband and wife which is incompatible with the principle of the Syariah law.

416. The civil court has jurisdiction to grant a decree of divorce in situations where

417. Nowhere in the LRA are the two terms ‘domicile’ and ‘resident’ defined. There is also no specific statute or statutory provision governing the two concepts hence the principles propounded in English case laws as stated in paragraph 15.7 under Article 15 are applicable. Part VI of the LRA provides that the court shall in all suits and proceeding under the Act give relief on principles which in the opinion of the court are as nearly as may be conformable to the principles on which the High Court of Justice in England acts and gives relief in matrimonial proceedings.

418. Section 49 (1) of the LRA further provides that the court shall have jurisdiction to entertain proceedings by a wife, although the husband is not domiciled or resident in Malaysia if:

419. Under the Islamic Family Law Enactments of all states the Syariah Court can make an order relating to divorce by allowing a husband to pronounce a talaq (repudiation of marriage). A woman may also petition to court for fasakh, khuluq and taqliq which has the effect of dissolving the marriage. The court after hearing the application may order the husband to pronounce talaq.

420. The LRA requires that all divorces be registered. The various stages of the process of divorce generally do not discriminate women.

421. The LRA provides that couples may seek a divorce and determine the terms of the divorce by mutual consent. In such cases, the court may make a decree of divorce upon being satisfied that, inter alia, proper provision is made for the wife and the children. Judges usually do not intervene in mutual consent divorces unless it appears that the provision made for the children’s maintenance is insufficient.

422. Divorce can also be obtained on the grounds that the marriage has irretrievably broken down. Generally, the courts will accept that the marriage has broken down in any of these situations:

423. Divorce among Muslims in Malaysia must be pronounced in court. Section 47 of the IFLA provides that whoever desire divorce shall file in an application for divorce to the Syariah Court. It is an offence under the IFLA if the divorce is pronounced outside court.

424. However, if the talaq is pronounced outside the court, the parties may still refer the matter to court for verification to the termination of the marriage. In Malaysia, a Muslim wife can divorce her husband on grounds based on the prescribed ta’lik (a promise expressed by the husband after solemnisation of marriage), on grounds of failure to maintain the wife or on the ground of the absence of the husband for more than four months and on the ground of violence against the wife.

425. A woman may also petition to court for fasakh or khuluq which has the effect of dissolving the marriage. The court after hearing the application may order the husband to pronounce talaq.

426. Under the IFLA, if the husband wishes to ruju’ (resume conjugal relationship) with his divorced wife, the recohabitation must take place by mutual consent and without force.

427. The LRA allows the court to order a man to make maintenance payments to his wife or former wife during the course of any matrimonial proceedings, when granting or subsequent to the granting of a decree of divorce or judicial separation and if, after a decree declaring her presumed to be dead, she is found alive.

428. The corresponding power to order a wife to pay maintenance to her husband or former husband arises only in very limited circumstances i.e. if he is wholly or partially incapacitated from earning a livelihood by reason of mental or physical injury or ill-health and the court is satisfied that it is reasonable to order the wife to maintain him.

In determining the amount of maintenance money to be paid by a man to his wife or former wife or by a woman to her husband or former husband, the court bases its assessment primarily on the means and needs of the parties, regardless of the proportion the payment bears to the income of the husband or wife as the case may be. The degree of responsibility which the court apportions to each party for the breakdown of the marriage will have some bearing on its decision (Section 78).

429. Upon dissolution of marriage, both parties have equal rights to claim for the division of the matrimonial assets (assets acquired during the marriage by both parties or by the sole effort of one party) or for the proceeds of the sale of any such assets. In the case of assets acquired by one party to the marriage, the court will take into consideration, inter alia, the extent of the contributions made by the other party to the welfare of the family. The needs of children who are minors are also of paramount importance.

430. During matrimonial proceedings or when a decree of divorce, judicial separation or annulment is granted, the court is empowered to order any person to refrain from forcing his/her society on his/ her spouse or former spouse and from other acts of molestation. This is especially beneficial for women, as they are generally the victims of molestation. A person who wilfully fails to comply with such an order may be sentenced to a term of imprisonment.

431. Technically, a divorced Muslim woman is entitled to reasonable maintenance from her husband. She is also entitled to be maintained by her husband during the ‘iddah period (period in which the husband and wife are considering ruju’ i.e. resuming the conjugal relationship which is approximately a period of three months.)

432. The IFLA states that ‘in addition to her right to apply for maintenance, a woman who has been divorced without just cause by her husband may apply to the court for mut’ah or a consolidatory gift, and the court may, after hearing the parties and upon being satisfied that the woman has been divorced without just cause, order the husband to pay such sum as may be fair and just according to Islamic Law (Section 56).

433. Mut’ah is payable by the husband in order to console the wife and to remove any appearance of accusation or shame which may arise from the divorce. It is also to enable her to face the financial difficulties caused by separation from her husband.

434. The amount of mut’ah is normally agreed upon by both parties but where no agreement can be reached, it will be fixed by the judge. In doing so, the judge will consider the financial position and circumstances of the wife as well as the family’s financial and social standing.

435. Harta sepencarian means property jointly acquired by both husband and wife during the subsistence of marriage. Such legislation on the distribution of property among Muslims in Malaysia is strongly influenced by the Malay customs. As such, a woman’s contribution in the form of money or in kind will be recongnized as a basis for her claim towards the jointly acquired property.

436. In case of divorce or the death of the husband, the wife can claim a third of the value of the land acquired during the marriage. It is interesting to note that a divorced wife’s right to claim her share of land stands even if it is proved that she was divorced for adultery. The court may increase a divorced wife’s share of land to one-half, depending upon the nature of the work done by her on the property.

437. Inheritance for non-Muslims is essentially governed by the Inheritance (Family Provision) Act 1971 and Distribution Act 1958. Previously, the Distribution Act 1958 ruled that when a woman dies intestate, all her property must go to her husband whether or not the marriage produced children. If a man dies intestate, however, his wife was only entitled to one-third of his estate if they have children, and one-half if they do not. In 1997, the law was amended so that now there is no distinction between the genders on this issue.

438. The Islamic system of succession and inheritance aims at a wide distribution of property. If a person is survived by parents, spouse and offspring they will all inherit, but they will get different proportions of the inheritance, the general rule being that the share of a man is double that of a woman in the same degree of relationship. The rationale for this is that men have an obligation to provide for their families but women don’t.

439. The general principle of the Islamic law on testacy is that testamentary disposition (e.g. a will) may not exceed one-third of the value of the estate of the deceased, in order to ensure fair distribution of property to all family members.

440. Generally women in Malaysia have the same rights as men to own, acquire, manage and dispose of property and this does not change upon marriage. For both men and women, disposal of property requires the consent of the spouse only if the latter has a share or interest in the property.

441. Previously, only the father was recognised as the legal guardian of an infant’s person and property under the Guardianship of Infants Act 1961. The mother could become its legal guardian only if the infant’s father was deceased; even then, a court could appoint someone else as the infant’s guardian or as joint guardian with the mother if it thought that this would be better for the child’s welfare. The Guardianship of Infants Act 1961 was amended by Act A1066 which came into force on 1 October 1999 to give legal recognition to the parental rights of mothers.

442. The LRA has also made inroads into this matter. Women have the same rights to custody of children as men. At any time during any proceedings under the LRA, e.g. for divorce, judicial separation or nullity, the court has the power to place a child in custody of either of his/her parents or, if exceptional circumstances warrant it, a relative or welfare association. In fact it is specifically stated that there is a refutable presumption that it is for the good of a child below the age of seven years to be with his/her mother but in deciding whether that presumption applies to the facts of any particular case, the court shall have regard to the undesirability of disturbing the life of a child by changes of custody. The welfare of the child is the paramount consideration.

443. Islamic law views the mother as the person best entitled to the custody of children of up to seven years of age. The custody of illegitimate children remains exclusively to the mother and her relations. The father may also apply to the Syariah Court for the custody of the children and the Court will generally consider the welfare of the child as the paramount consideration before deciding on the issue of custody.

444. Under the LRA, the man is required to pay maintenance during marriage or after the issolution of the marriage for his children

445. A woman will only be required to pay for or contribute towards the maintenance of her child if the court finds that this is reasonable given her means.

446. Specific legislation has been enacted to enforce such orders for maintenance. The court can even make an attachment of earnings upon application by the person for whose maintenance an order has been made or by his/her guardian.

447. Under the Syariah law, the man is required to pay maintenance during marriage or after the dissolution of the marriage for his children irrespective of whether the child is:

448. Malaysian laws only recognize rights arising out of marriage. In the absence of statutory provisions, the mother of an illegitimate child has the right to custody of the child on the basis of common law. However, a putative father is obliged to maintain his illegitimate child under the law and this right is enforceable.

449. There are no specific laws governing the rights of those who live together as husband and wife out of wedlock. Malaysian courts do apply the principle of common law to make awards on distribution of property upon the breakdown of a relationship out of marriage. However, application for such awards are few and far in between.

450. In terms of protection against violence, women (and men) have recourse to two main legal instruments –

451. Under the Penal Code, the following are some of the offences subject to criminal action:

452. The legal definition of rape goes beyond having sexual intercourse with a woman against her will or without her consent and extends to situations where consent was obtained as a result of deception or under fear of hurt or death; or, where a woman is unable to understand the nature and consequences of giving her consent at the time she does so (e.g. if she is mentally disabled or under the influence of drugs.) Having sexual intercourse with a girl under 16 years of age, even with her consent, is also legally defined as rape (normally referred to as ‘statutory rape’).

453. The law also stipulates that sexual intercourse by a man with his own wife is not rape and Malaysia does not have a provision on marital rape. However, there are three instances in which a man who has sex with his wife can be charged for rape:

454. In 1986, the Malaysian Police set up a Sexual Offences Unit to deal with rape and other sexual offences. In 1989, the legal penalties for rape were enhanced such that any person convicted for this offence faces an imprisonment term of not less than five years and not more than 20 years and is also liable to whipping.

455. The Domestic Violence Act 1994 (DVA), aims to provide protection for victims of violence in homes pending investigation or other criminal proceedings in court. It was passed on 24 June 1994 and was gazetted on 7 July 1994. The DVA had been long awaited, especially by battered wives and women’s non-governmental organisations which had campaigned for a law to protect abused and battered women for years.

456. Although many of those who benefit from the DVA are women, the Act does not only protect women/wives. It extends its protection to either spouse, a former spouse, children, incapacitated adults or any other member of the family who is subject to violence in a domestic situation. The law provides extensive provisions relating to protective orders (POs) which can be issued by the courts. These include provisions on:

457. Besides issuing POs, the court may also order the parties concerned to be referred to bodies providing counseling, rehabilitation therapy, psychotherapy and reconciliatory counseling. The law also provides that a protection order may be sought during any criminal proceedings where the accused is charged for a domestic violence offence under the Penal Code as a condition for the accused to be released on bail or upon the compounding of such offence.

458. Muslim wives who are in abusive marriages can also apply for divorce. Alternatively, a wife can apply to the Syariah Court for a restraining order against her own husband. Section 107(1) of the IFLA empowers the court to order any person to refrain from acts of molestation pending any matrimonial proceedings or on or after the grant of an order of divorce or annulment. Usually, to obtain such an order, the applicant must prove that there has been molestation in the past or that the wife is in a dangerous situation and that an order is necessary for her protection.

459. It is also an offence under the Islamic Family Law for a husband who ill-treated his own wife either mentally, emotionally or physically. The IFLA provides that any person who ill-treats his wife commits an offence and is liable to be punished with a fine not exceeding RM1000 or with imprisonment not exceeding six months or both.

^[1] Wu Min Aun, The Malaysian Legal System, first published 1990. The description of Malaysian political history hereafter are excertpts (with modifications) from the same.

^[5] The source of the table is the Educational Planning and Policy Research Division, Ministry of Education, Malaysia. Unless otherwise stated, all tables in this chapter are from this source.

^[2] The term ‘dropout’ refers to a student who leaves a Government school before completing the 11 years of basic education. It includes those who leave to continue their education in private schools.

^[6] Kumi Y, Husna S. and Wong F.Y. (1996) Farm Management Development and Transformation under Commercialization in Malaysia. UPM/JIRCAS Collaborative Study Report, 1993 – 1996, University Pertanian Malaysia.

^[7] Feme sole are defined in Black’s Law Dictionary, (1990), 6^th Edition as “single women, including those who have been married, but whose marriage has been dissolved by death or divorced, and for most purposes , those women who are judicially separated from their husbands.”

^[8] Data obtained through the courtesy of the Malaysian Bar Council as per 24^th March 1999.

^[10] Ahmad Ibrahim, 1998. Family Law In Malaysia and Singapore, 3^rd edn., Malayan Law Journal

Religion	Percentage
Muslim Buddhist Confucian, Taoist Christian Hindu Folk, Tribal No Religion Others Unclassified	60.4% 19.2% 2.6% 9.1% 6.3% 0.8% 0.8% 0.4% 0.3%
Population	23,274,690

State Body	2000
	Male	Female	Total	% Women
Exco State Assembly	73 476	7 28	80 504	8.8 5.5

Political Party	UMNO	MCA	MIC	Gerakan
Total Members	1,200,000	220,000	130,000	50,000
State Ex-Co Members	22	1	-	2
Political Secretaries	1	-	-	-
Senators	8	1	1	-

Options	Male	Female	Total	% Female
Additional Manipulative Skills	134,945	27,264	162,209	16.8
Home Economics	4,567	148,845	15,340	97.0
Agriculture	48,338	22,084	70,422	31.4

Types of Centres	No	Enrolment	Teachers
Tuition Centres	880	112185	8414
Language Centres	104	11747	3623
Computer Training Centres	188	21616	4722
Commercial/Skills Training Centres	216	11715	1107
Total	1388	157263	17866

Type Of Institution	2001
Type Of Institution	Male	Female
Primary School	51.4	48.6
Secondary School	49.5	50.5
Polytechnic	61.2	38.8
Teachers’ College	32.5	67.5
University	42.2	57.8

Year	No. of Programmes	No. of Participants
2000	225	35,980
2001	345	50,806
2002	691	132,841

Public Institution	Male	Female	Total	% Female
Institutes of Higher Learning	11	1	12	8.33
Teacher Training Colleges	26	5	31	16.13
Polytechnics	9	1	10	10.00

Post	Male	Female	Total	% Female
Professor	479	73	522	13.22
Associate Professor	1358	408	1766	23.10
Lecturer	4028	3287	7315	44.94
Total	5865	3768	9603	39.24

Institution	Male	Female	Total	% Female
Teacher Training Colleges	2067	1023	3090	3.11
Polytechnics	866	405	1271	31.86
Secondary Schools	41549	63008	104557	60.26
Primary Schools	58198	98079	156277	62.76

YEAR	NUMBER OF UNIONS	MEMBERSHIP
YEAR	NUMBER OF UNIONS	TOTAL	MALE	FEMALE
1998	532	739,636 100 %	468,143 63.0 %	271,493 37 %
1999	537	725,322 100 %	461,938 63.7 %	263,384 36.3 %
2000	563	734,037 100 %	468,315 63.8 %	265,722 36.2 %

Condition	Prevalence (%) In Men	Prevalence (%) In Women
Weakness in limbs	48.8	54.5
High or low blood pressure	17.3	32.0
Diabetes	21.3	24.2
Heart Disorders	18.1	23.0
Brittle bones	5.5	20.8
Eye problems	26.0	20.8
Ear problems	8.7	5.6

Indicators	1995	1999
Household income: Average income Income growth Rural/urban net income disparity ratio	RM1,307.00 5.3% 1:1.98	RM1,570.00 9.6% 1:2.0
Urbanization rate	54.8%	58.8%
Poverty rate	15.3%	10.9%
Hard core poverty	3.7%	2.5%

Year	Urban Population (%)		Rural Population (%)
Year	Male	Female	Male	Female
1970	78.2	57.7	65.4	42.4
1980	88.0	74.2	76.2	58.6
1991	94.0	86.0	86.0	74.0
1996*	95.0		91.0
2000	96.1		86.1

Course	Male	Female	Total	% Female
Engineering Trades	12241	1470	13711	10.7
Commerce	544	2209	2753	80.2
Agriculture	453	398	851	46.8
Home Economics	256	2534	2790	90.8
Total	13,494	6611	20,105	32.9

Fields	Male	Female	Total	% Female
Science	1699	2051	3750	54.69
Medicine	221	181	402	45.02
Agriculture	51	40	91	43.96
Engineering	1759	478	2237	21.37
Total	3730	2750	6480	42.44

United Nations Committee on the Elimination of Discrimination Against Women - State Party Reports

Malaysia - Combined initial and second periodic reports of States parties [2004] UNCEDAWSPR 15; CEDAW/C/MYS/1-2 (12 April 2004)

PART 1THE MALAYSIAN CONTEXT

Religion

Percentage

Table1. 2: Population by Age Group and Sex, 2000

Age Group

Sex

Male (million) %

Female (million) %

Total (million)

The Economy

ARTICLE 1DEFINITION OF DISCRIMINATION AGAINST WOMEN

Introduction

The Federal Constitution

Discrimination – The Malaysian Perspective

ARTICLE 2

OBLIGATIONS TO ELIMINATE DISCRIMINATION

The remaining reservations on the Articles are because they are in conflict with the provisions of the Islamic Sharia’ law and the Federal Constitution of Malaysia.National Commitments to Eliminate Discrimination

International Commitments

The National Policy on Women

ARTICLE 4ACCELARATION OF EQUALITY BETWEEN MEN AND WOMEN

SUPPRESSION OF THE TRAFFICKING AND EXPLOITATION OF WOMEN

Male

Female

Total

Premier

Conclusion

EDUCATION

Male

Female

Total

Dropouts

Dropouts

Dropouts

Primary

Secondary

Level

Male

Female

Primary

Options

Male

Female

Subject

Male

Female

Total

Course

Course

Course

Commerce

Civil Engineering

Chart 10.1: Enrolment in Teacher Training Colleges According to Gender 1996-2000

Table 11.1: Employment by Sector and Gender, 1995 – 2000 (%)

Total

Source: Eighth Malaysia Plan 2001-2005

Occupational Category

Total

M

Source: Manpower Department, Ministry of Human Resources

ARTICLE 12

The Health Care System Today – The Focus on Women

Peninsular Malaysia

Peninsular Malaysia

Malaysia

Source: 1975 - Vital Statistics, Peninsular Malaysia

Chart 12.1: Percentage of Females Among HIV- Infected Personsin Malaysia 1989-1997

Table12. 3: Health Problems Experienced by Elderly Men and Women

Condition

Table 12.4: Distribution of Health Workers by Sex, 1980 and 1991

Occupation

Percentage (%) of Workers

SOCIAL AND ECONOMIC BENEFITS

RURAL WOMEN

Table14.2: Literacy Rate, 1970, 1980, 1991,1996 and 2000

Urban Population (%)

PSAM

Table 14.3: Percentage Distribution of Employed Persons in Selected Agricultural Occupations by Sex in Malaysia 1992 and 1995

PART 1
THE MALAYSIAN CONTEXT

ARTICLE 1
DEFINITION OF DISCRIMINATION AGAINST WOMEN

The remaining reservations on the Articles are because they are in conflict with the provisions of the Islamic Sharia’ law and the Federal Constitution of Malaysia.
National Commitments to Eliminate Discrimination

ARTICLE 4
ACCELARATION OF EQUALITY BETWEEN MEN AND WOMEN

Source:
1975 - Vital Statistics, Peninsular Malaysia

Chart 12.1: Percentage of Females Among HIV- Infected Persons
in Malaysia 1989-1997

P
S
A
M