The Malaysian Bar has called on the government to withdraw Malaysia’s remaining reservations to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and introduce broader legislative reforms covering political representation, child marriage, discrimination and statelessness.
The call followed the “Legislating Equality: CEDAW & Beyond” symposium held on Sept 28 and 29, jointly organised by the Bar Council Women’s Rights Committee, the Human Rights Commission of Malaysia (SUHAKAM) and the All-Party Parliamentary Group Malaysia on Gender Equality.
In a statement, the Malaysian Bar said the government should withdraw its remaining reservations to CEDAW Articles 9(2) and 16(1)(a), (c), (f) and (g) and ratify the Optional Protocol to CEDAW.
The UN Committee on the Elimination of Discrimination against Women said in its 2024 review of Malaysia that those reservations remain in place and recommended that Malaysia review them with a view to withdrawal within an established timeframe.
The Bar also reiterated its call for Malaysia to withdraw its remaining reservations to the Convention on the Rights of the Child (CRC), covering Articles 2, 7, 14, 28(1)(a) and 37. The same position was set out by the Bar in a June statement on Malaysia’s CRC obligations.
Among the areas highlighted was women’s representation in Parliament.
The Bar backed a proposal by the Parliamentary Special Select Committee on Women, Children and Community Development for legislation requiring political parties to field at least 30% women candidates in general and state elections.
The committee’s recommendation, recorded in the Dewan Rakyat Hansard in June, called for a Gender Parity in Political Representation Bill and said implementation could be phased, including through interim targets and possible incentives.
The Bar described a 30% candidacy requirement as an initial measure towards increasing women’s political participation.
The legal body also called for Parliament to establish an absolute minimum marriage age of 18 without exceptions, arguing that Malaysia currently lacks a uniform minimum standard.
It further urged lawmakers to prohibit and criminalise all forms of female genital mutilation or cutting (FGM/C), citing Malaysia’s obligations under CEDAW and the CRC.
On citizenship, the Bar welcomed measures intended to allow Malaysian mothers to transmit citizenship to children born overseas on an equal basis, but argued that protections should also address children who may not benefit from prospective application of the changes.
The Bar additionally called for clearer legal protections for refugees and asylum seekers, including women and girls, covering legal status, employment, education and healthcare.
Another priority highlighted was the proposed Anti-Discrimination Against Women Bill, which the Bar said should be accelerated to provide statutory protection against direct, indirect and intersecting forms of discrimination in both the public and private spheres.
It said such legislation should complement the equality protections under Article 8(2) of the Federal Constitution and explicitly address barriers faced by women and girls with disabilities.
The Bar has previously called for Malaysia to withdraw all remaining CEDAW reservations and ratify the convention’s Optional Protocol, arguing that domestic legal reforms are needed to give fuller effect to constitutional guarantees against gender discrimination.
The latest statement urged the government to translate its international commitments into enforceable domestic protections, with legislative reform covering the areas raised at the two-day symposium.
