Rangkaian Solidariti Demokratik Pesakit Mental (Siuman) is perturbed by the recent news of a deaf e-hailing driver being allegedly assaulted while working near KL Sentral on 28 May.
According to his account, the 46-year-old driver was punched in the face by a “VIP bodyguard”, resulting in soft tissue injury, which was diagnosed and treated at the Kuala Lumpur Hospital.
He was advised to file a police report, where at one point he was eventually given two options, ie to have his phone confiscated if he decided to proceed with the case or to drop the case and be compensated. Under duress, the deaf driver opted for the second option.
Throughout his visit to the police station, he was also left unattended for hours, given no explanation as to why his phone was inspected for an extended period of time, and given no immediate access to a Malaysian Sign Language interpreter to communicate and defend himself.
Siuman would like to draw attention to the jarring gaps in accessing justice for people with disabilities as highlighted throughout this case. A disabled complainant’s right to communicate was withheld through action (confiscation of phone as assistive technology) and omission (unavailability of a competent sign language interpreter or other sufficient reasonable accommodations).
- Sign up for Aliran's free daily email updates or weekly newsletters or both
- Make a one-off donation to Persatuan Aliran Kesedaran Negara, CIMB a/c 8004240948
- Make a pledge or schedule an auto donation to Aliran every month or every quarter
- Become an Aliran member
Access to justice is a fundamental human right. It enables everyone, including people with disabilities, to live a dignified life. This case (and many others) points to an urgent need to address the gaps in accessing justice for people with disabilities.
The gaps in protection mentioned in the Malaysian Deaf Advocacy and Well-being
Organisation’s (Dawn’s) statementaffects all people with disabilities. Even though Malaysia has enacted the Persons with Disabilities Act in 2008, universal access, reasonable accommodationsand discrimination protections are not mandated in any area of life.
Section 30(3) in the act states: “The Government and the private sector shall accept and facilitate the use of Malaysia Sign Language, Braille, augmentative and alternative communication, and all other accessible means, modes and formats of communication of their choice by persons with disabilities in official transactions.”
However, Section 41 of the same act precludes the government and state bodies from any remedial or court actions by stating: “No action, suit, prosecution or other proceedings shall lie or be brought, instituted or maintained in any court against the Government… …in respect of any act, neglect or default done or committed by him or it…”
This is further supported by Section 42 of the act which states: “The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Government… …in respect of any act, neglect or default done or committed by it…”
This clearly highlights the jarring contradiction and reluctance of the state to uphold disability rights.
Furthermore, Article 8(2) of the Federal Constitution on discrimination does not mention disability. The Federal Constitution was amended in 2001 to include gender as part of our obligations under the Convention on the Elimination of All Forms of Discrimination against Women.
However, the same was not initiated for disability after Malaysia ratified the Convention on the Rights of Persons with Disabilities in 2010. We have also arguably failed to domesticate the convention and its principles in Malaysian legislation. We had no reservations on Article 13 (access to justice) of the convention, but it is apparent that we have not operationalised it.
This all needs to change and justice must be accessible to everyone throughout the whole process. The International Principles and Guidelines on Access to Justice for Persons with Disabilitiesoffers practical suggestions for the state to design and implement justice systems that provide equal access to justice for people with disabilities.
Multiple administrations have excluded people with disabilities from meaningful social participation in all areas of life, ignoring the promotion and protection of disability rights. We call upon the state and state actors to view this incident with urgency and proactivity to ensure the rights of people with disabilities in Malaysia are protected.
Pursuant to that call to action, Siuman has made several recommendations in the Universal Periodic Review process that we hope will lead to better discrimination protections and mandated reasonable accommodations via policies and laws. All our materials and references can be downloaded from here.
Our collective stands in solidarity with Dawn, our deaf peers and the deaf community.
Endorsed by:
Organisations
- All Women’s Action Society (Awam)
- Architects of Diversity
- Association of Women Lawyers
- Autism Inclusiveness Direct Action Group (Aida)
- Angkatan Belia Islam Malaysia (Abim)
- Agora Society
- Aliran
- Association of Women with Disabilities Malaysia
- Boleh Space, Disabled-led Disability Rights Advocacy Movement
- Centre for Independent Journalism
- Crib Foundation (Child Rights Innovation & Betterment)
- Cybher Collective
- Demokrat UKM
- Empower
- Engage
- Family Frontiers
- Freedom Film Network
- Gegar
- Gabungan Pilihan Raya Bersih dan Adil (Bersih)
- Hayat
- Ikatan Mahasiswa Demokratik Malaysia (MDM)
- Jaringan Kampung Orang Asli Semenanjung Malaysia (JKOASM)
- Jentayu
- Justice for Sisters
- Kemban Kolektif (Intersectional Human Rights Activists)
- KauOKTak (Community Building and Mental Health Outreach for Teenagers)
- Kryss Network
- Kuala Lumpur and Selangor Chinese Assembly Hall, Youth Section (KLSCAH Youth)
- Klima Action Malaysia (Kamy)
- Kuala Lumpur and Selangor Deaf Media and Technology Association
- Kedah Sports Deaf Association
- Legal Dignity
- Mahasiswa Keadilan Malaysia
- Maju Foundation
- Martabat PJ
- Malaysian Sign Language and Deaf Studies Association
- Muda
- Mental Health Association of Sarawak
- Monsters Among Us (MAU)
- National Organisation of Malaysian Sign Language Instructors
- Negeri Sembilan Association of the Deaf
- North South Initiative
- Our Journey (Probono legal representation for migrants in labour immigration and criminal cases)
- Pusat Pembangunan Rakyat (MANDIRI)
- Persatuan Sahabat Wanita Selangor
- Project Stability and Accountability for Malaysia (Projek Sama)
- Pemuda Sosialis PSM
- Pertubuhan Rangkaian Pembangunan Kesinambungan Malaysia (Susden Malaysia)
- Parti Sosialis Malaysia
- Pusat Komas
- Persatuan Advokasi Diri Orang Bermasalah Pembelajaran Selangor & Kuala Lumpur (United Voice)
- Projek Wawasan Rakyat
- Persatuan Promosi Hak Asasi Manusia (Proham)
- PurpleLily Social Association Kuching
- Pergerakan Pemuda UMNO Bahagian Damansara
- Persatuan Ikatan Serikat Serantau (Ikrar)
- Saya Anak Bangsa Malaysia
- Sisters in Islam
- Suara Rakyat Malaysia (Suaram)
- Sabah Deaf Muslim Association
- The OKU Rights Matter Project
- The Talisman Project
- Teater Untuk Semua
- Teoh Beng Hock Association for Democratic Advancement
- Women’s Centre for Change (WCC)
- Women’s Aid Organisation
Individuals
- Ali Amir Razali, political activist
- Amin Zuhaili Bin Mansor, deaf advocate
- Adrian Pereira, executive director, North South Initiative; people with disabilities rights advocate
- Albert Wong Tuong Chui, deaf advocate
- Beatrice Leong, autistic rights advocate; founder, Autism Inclusiveness Direct Action Group (Aida)
- Bathmavathi Krishnan, wheelchair user, senator representing people with disabilities (2013-2016; 2016-2019)
- Calysta Tay, BIM interpreter; ally of people with disabilities
- Christopher Yap, deaf person
- Dr Ikmal Hisham Md Tah, legal academic, disability law researcher
- Dr Vilashini Somiah, feminist anthropologist, ally of people with disabilities
- Dr Benjamin YH Loh, digital media researcher, ally of people with disabilities
- Dunstan SG Lim, Sarawak OKU Skills Development Association (Sosda), disabled disability advocate and person with lived experience
- Dayangku Syarizat, person with lived experience
- Dr Lim Chee Han, public health researcher, Manifesto Rakyat coordinator
- Datin PH Wong, Childline Foundation
- Durrah Sharifah Ahmad Azlan, mental health advocate
- Freida Pilus, chairman, Cempaka Education Group; president, Persatuan Siswazah Wanita Malaysia
- Gigi Teoh, hearing ally, a member of JupeBIM, an employer to four deaf persons
- Hasbeemasputra Abu Bakar, disabled disability advocate, person with lived experience
- Ho Lee Ching, theatre maker
- Iskandar Khoo Kuan Yiaw, ketua, badan perhubungan, Perikatan Nasional Kawasan Kepong
- ‘Izz Daenie, disability justice advocate, person with lived experience
- Jonah Ong, deaf advocate/BIM interpreter, human rights activist
- Jessica Mak Wei-E, deaf advocate
- Joan Sim Jo Jo, social worker, advocate for the deaf, BIM Interpreter
- Khor Ai-Na, CEO, Asia Community Service
- Kelvin Lee, KLSCAH youth wing
- Koh Lianne, e-hailing driver
- Kaveinthran, native blind person, independent disabled human rights activist
- Kya Cahya, human rights advocate, activist
- Lavinia Abirami, deaf person with lived experience, Global Institute For Tomorrow
- Leong Wai Min, deaf person, e-hailing driver
- Lee Siow Hua, Declan, RRC Grab team (Rakan Representative Community for Klang Valley deaf drivers)
- Leben Siddarth, ketua penerangan, Muda
- Lee Nyook Loong, deaf person, e-hailing driver
- Laura Kho, mental health policy consultant, Mind Brew, ally of people with disabilities
- Muhammad Mustaqim Badrul Hisham, person with lived experience
- Muhamad Nadhir Abdul Nasir, independent disability issues consultant and researcher
- Murugeswaran Veerasamy, president, Damai Disabled Person Association Malaysia
- Meera Samanther, co-chair of Ad Hoc Committee on Persons with Disability, Bar Council
- Maizan Mohd Salleh, president, Kuala Lumpur and Selangor Albinism Association
- Mohd Asraf Sharafi Mohd Azhar, ally of people with disabilities
- Maria Chin Abdullah, social activist
- Mutharasapan Lakshmanan, deaf advocate
- Marzuki Ong Maliki Ong, deaf advocate
- Mohamad Faezal Muktar, chairman, Persatuan Ikatan Serikat Serantau (Ikrar)
- Mimie Rahman, managing director and registered counsellor, Mindakami
- Ng Lai-Thin, dementia care partner; project lead, National Early Childhood Intervention Council; member, The OKU Rights Matter Project.
- Nurafirah Jaharuddin, masters student, Universiti Kebangsaan Malaysia
- Ong Hwei Ling, deaf advocate
- Nasrul Noor, disability advocate
- Norman Goh, person with lived experience
- Ong Hwei Ling, Annie, president, National of Organisations Malaysia Sign Language Instructors (NowBIM); deaf advocate; co-founder, Dawn; RRC Grab (Rakan Representative Community for Klang Valley deaf drivers)
- Prof Wong Chin Huat, political scientist; member, Projek Sama
- Quah Jia Tian, president, Universiti Malaya Student Union, Faculty of Business and Economics; vice-president, YouthCare Malaysia
- Sofea Rozhan, founder, untuksemua.my
- Sharifah Tahir, dementia and care partner advocate; founder, UMI, Dementia Care and Resource Center
- Shawn Sharif, patient advocate and person with lived experience
- Srividhya Ganapathy, co-chairperson, Crib Foundation
- SK Lee, deaf person,
- Shane Capri, human and animal rights advocate, disabled disability advocate
- Sya A, autistic self-advocate, person with lived experience
- Shah Fariq Aizal Sha Ghazni, entrepreneur; director, private security firm; member, Generation Democracy (Malaysia Chapter); committee member, Asia Pacific Security Association (Malaysia Chapter)
- Sariah Ibrahim, deaf advocate
- Tay Chia Yi, speech-language therapist, Malaysian Association of Speech-language and Hearing (Mash)
- Thilaga Sulathireh, researcher
- Tashny Sukumaran, human rights advocate
- Wong Yan Ke, human rights defender
- Yana Karim, co-founder, Boleh Space; disabled disability rights advocate
- Yuenwah San, disability rights advocate; dementia care partner; co-founder, member, The OKU Rights Matter Project
- Yeong Moh Foong, senior job coach trainer
AGENDA RAKYAT - Lima perkara utama
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme