Malaysia-1st-Equality & non-discrimination

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 1

FOUNDATIONAL

No.: G1.3

Action: Review the legal and constitutional gaps related to the Child Act 2001 [Act 611] and the Persons with Disabilities Act 2008 [Act 685] in alignment with the CRC  and  the  CRPD, especially  on  protection against discrimination, right to  education  and  birth registration.

Output Indicator(s):

  • Evidence, insights and recommendations are developed to guide further alignment with international standards and best practices.
  • Policymaking is guided by an improved understanding of the constitutional gaps as well as the social norms that underpin these laws.

Collaborative Partner(s): KPWKM

No.: G1.4

Action: Conduct an assessment related to the enactment of an Anti-Discrimination Against Women Act in alignment with CEDAW.

Output Indicator(s):

  • Evidence, insights and recommendations are developed on  the effects and potential outcomes of enacting an Anti- Discrimination Against Women Act.
  • The assessment demonstrates how the State and private sector’s obligations under CEDAW are domesticated (including access to remedy) and ensures that equality in the workplace is a matter justiciable in the courts.

Collaborative Partner(s): KPWKM

DIVERSITY, EQUITY AND INCLUSION (DEI)

No.: G1.26

Action: Implement interventions supporting care work, family-friendly and inclusive policies in the workplace for both the public and private sectors.

Output Indicator(s):

  • Guidelines are developed on establishing inclusive policies related to breastfeeding support, affordable and quality childcare, flexible working arrangements, maternity and paternity leave, protections against all forms of discrimination, and structured accommodations for persons with disabilities.
  • Evidence, insights and recommendations related to the adoption of care work, family-friendly and inclusive policies are used to guide policymaking, starting with the public sector.

Collaborative Partner(s): KPWKM; MOHR, PSD

“While reservations remain on CEDAW, Malaysia should foundationally review policy areas where non- discrimination and equality standards fall short, to be in line with the constitutional right of equal protection under the law”

THEMATIC PRIORITY 2: LABOUR

UNGP PILLAR 1

SOCIAL PROTECTION AND RIGHT OF ASSOCIATION AND COLLECTIVE BARGAINING

No.: L1.11

Action: Enhance the protection of gig workers from unfair labour practices, through the enactment and implementation of a Gig Workers Bill.

Output Indicator(s):

  • Legal or regulatory KESUMA reform measures are enacted to address labour vulnerabilities of gig workers.
  • Basic worker rights are secured in the form of social security benefits such as health insurance and retirement plans, work injury compensation, the right to unionise and collectively bargain and anti- discrimination protections.

Collaborative Partner(s): KESUMA

No.: L1.12

Action: Promote equitable access to employment for vulnerable workers including women, persons with disabilities and older persons.

Output Indicator(s):

  • Engagement sessions with vulnerable workers are organised to identify targeted solutions that increase their access to a living wage, nondiscriminatory career promotions and other work benefits.

Collaborative Partner(s): KESUMA, KPWKM

UNGP PILLAR 2

No.: L2.12

Action: Demonstrate that no restrictions, penalties, sanctions or any other forms of retaliation or reprisal are imposed on or taken against workers for joining and participating in a trade union of their choice. This means genuinely safeguarding workers’ fundamental right to freely associate and organise without fear of discrimination, harassment or unfair treatment by employers.

UNGP PILLAR 3

No.: L3.7

Action: Establish grievance mechanisms with the active participation of workers, centring gender and diversity in the formation of grievance committees or departments and related remediation processes.

Output Indicator(s):

  • Grievance mechanisms are established or revised to include workers in the design and application.
  • Adequate and up-to-date anti-discrimination and gender sensitivity training for all personnel are conducted, especially those handling grievances and remediation processes.
  • Independent, gender-sensitive investigations of violations are provided, addressing gender-linked power imbalances during dispute resolution processes.

Collaborative Partner(s): Businesses