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Day 6 : November 30, 2000
Malaysian Women's Campaign for the Domestic Violence Act
Malaysia's
Domestic Violence Act (DVA) was implemented in June of 1996.
The campaign by women's groups for a domestic violence bill, however,
was initiated eleven years earlier. In March 1985, the Joint Action
Group against Violence Against Women (JAG), comprising individual women
and five organizations - WAO, Association of Women's Lawyers (AWL),
Malaysian Trade Unions Congress Women's Section, University Women's
Association (University Malaya) and the Selangor and Federal Territory
Consumers' Association - organised a two day workshop-cum-exhibition
in Kuala Lumpur. Prior to the workshop, domestic violence was largely perceived as a
private, family affair in Malaysia. The workshop discussions emphasized the nature of domestic violence
as a form of control and power over women, sustained by the sexist structures
in society which devalue women. The JAG workshop declared domestic violence
as a societal concern, and concluded with women's groups calling for
the enactment of a Domestic Violence Act. Following the workshop, JAG
drafted a "Proposed Act on Domestic Violence." In June of 1985, the National Council of Women's Organisations (NCWO)
submitted a memorandum on reforms to laws discriminating women to the
Minister of Justice, included in the memorandum, a call for the enactment
of a Domestic Violence Act.
In August of 1989, AWL initiated a meeting between women's groups and
the Royal Malaysian Police. As a result of this meeting a Joint Committee
to examine the Proposed Act on Domestic Violence 1985, was established.
The members of the committee included AWL, AWAM, WAO, NCWO, the Bar
Council, the Department of Social Welfare, representatives from the
Ministry of Health, Pusat Islam, the Women's Affairs Department of the
Ministry of National Unity and Social Development (HAWA), and the Royal
Malaysian Police. The Joint Committee prepared a document entitled "Domestic
Violence Act, 1990."
In 1992, several women's NGOs submitted the document to the Minister
of National Unity and Social Development, Datuk Napsiah Omar, and to
the office of the Attorney General. HAWA facilitated meetings between women's NGOs and the Attorney General's
office during 1993 and 1994. Problems in seeking a criminal and civil
domestic violence law, applying to both Muslims and non-Muslims, delayed
negotiations. "Datuk Alex Lee opined that the Bill is too hybrid in
nature and suggested that the Bill be criminal in nature for expediency
purposes, i.e. for the tabling in early 1994." The groups renegotiated
and the Domestic Violence Act was prepared for the cabinet in March
of 1994. The Act was passed by parliament in 1994, but two years later had yet
to be implemented. In February of 1996, AWAM initiated a meeting between
Sisters in Islam, AWL and WAO to come together again as JAG and to plan
the handing over of a memorandum calling for the immediate implementation
of the DVA.
On 8 March 1996, International Women's Day, JAG organised a large gathering
of women outside the opening ceremony of a seminar at the University
of Malaya officiated by the Minister of National Unity and Social Development,
YB Datin Paduka Zaleha. The women held a peaceful demonstration and
delivered the memorandum to the Minister. The event received wide press
coverage. For weeks afterward, articles on domestic violence and the need for
the implementation of the DVA regularly appeared in Malay and English
newspapers. During this period, WAO was the spokesperson for JAG, and
we acknowledge the important role of the press in keeping the issue
of the DVA alive. On 26 March 1996, Pusat Islam ruled that the DVA did not conflict with
Syariah law, and should not be used as an excuse to delay the Act's
implementation. On 27 March, WAO, on behalf of JAG, made a press release stating that
the enforcement of the Act was not dependent on the regulations, but
on the Minister who had the power to set the date of implementation.
On 10 April 1996, the Minister announced that the DVA would be implemented
effective 1 June 1996. After eleven years of workshops, campaigns, and
negotiations, the DVA was at last implemented on 1 June 1996. Sources: 1. "WAO Monitoring the DVA 1994", researched by Laura
Hebert, and |
| WAO is a registered society
with tax exemption status under Registrar of Societies. WAO is a member of
the Joint Action Group against Violence Against Women and an affiliate
member of the National Council of Women's Organisations and the Malaysian
Aids Council. copyright © 2000. WAO. |