At the Women’s Rights Conference 2026, themed “Together, We Create PowHER”, (organised by the Bar Council’s women’s rights committee) on 29 April, the Malaysian Bar reaffirmed its commitment to advancing women’s rights, dismantling structural inequality and ensuring that the promise of equality under the Federal Constitution is realised for all.
When the government ratified the Convention on the Elimination of All Forms of Discrimination against Women (Cedaw) in August 1995, it did so subject to reservations contrary to the object and purpose of Cedaw.
Over the past three decades, the government took steps towards the withdrawal of several reservations and the introduction of constitutional and legislative reforms to align with Cedaw, which only came after continued advocacy by the Malaysian Bar, the Human Rights Commission of Malaysia (Suhakam) and women’s rights organisations.
However, some reservations remain despite being incompatible with the Federal Constitution. These reservations are inconsistent with the constitutional guarantee of gender equality enshrined in Article 8(2) of the Federal Constitution, which expressly prohibits discrimination on the grounds of gender. They must be withdrawn forthwith.
The Malaysian Bar’s position aligns with the recommendation of the UN committee on Cedaw, which recommended that the Malaysian government withdraw these remaining reservations within a defined timeframe upon review of the government’s sixth periodic report.
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The government’s remaining reservations to Articles 9(2) and 16(1)(a), (c), (f) and (g) are contrary to the object and purpose of Cedaw, pursuant to Article 28 of the same.
Furthermore, such reservations are also contrary to Article 19(c) of the Vienna Convention on the Law of Treaties.
Equality is not aspirational; it is a constitutional imperative. The continued existence of these reservations undermines public confidence and delays the realisation of substantive gender equality. It is only a matter of time before these reservations are subject to constitutional challenge.
The government must further ratify the Optional Protocol to Cedaw to demonstrate its commitment to accountability, transparency and the international protection of women’s rights.
The Malaysian Bar urges the government to act decisively and proactively to give full effect to the guarantee of equality under Article 8(2) of the Federal Constitution.
There is no better time than the present. – Bar
Anand Raj is the president of the Malaysian Bar president.
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