The historic judicial review involving the Malaysian Public Service Commission (PSC) highlighted the severity of workplace discrimination faced by people with disabilities.
Disabilities manifest themselves in diverse forms – mental, physical, sensory (eg vision, hearing, touch, sensitivity to touch, heat, taste, smell and combinations of these) and rarer forms.
With the Ministry of Health declaring a war on stigma attached to mental health issues, it is time for a tangible all-of-government commitment to the rights of people with disabilities by revising outdated laws to harmonise them with the Convention on the Rights of Persons with Disabilities (CRPD).
Malaysia signed the convention in 2008 and ratified it in 2010. As of 2 March 2025, Malaysia has not yet submitted the initial report that all states party to the convention are obligated to submit within two years of ratifying it.
In the public domain, there is no straightforward access to consolidated information on the status of government efforts regarding its upholding and protection of the rights of people with disabilities.
This contrasts sharply with the Malaysian government’s engagement in the Convention on the Elimination of All Forms of Discrimination against Women (Cedaw) process.
Compared to Asian counterparts, Malaysia lags behind in legal protection for people with disabilities. For example, India’s Rights of Persons with Disabilities Act 2016, which is harmonised with the UN convention, explicitly prohibits government establishments from discriminating against people with disabilities in any matter, including employment.
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Thailand’s Persons with Disabilities Empowerment Act 2007 bans all forms of discrimination and unfair treatment against disabled persons.
Indonesia’s Law No. 4 of 1997 concerning Persons with Disabilities ensures equal employment opportunities, while Viet Nam’s National Law on Persons with Disabilities prohibits any restrictions on the rights of people with disabilities based solely on their disability.
Malaysia’s Persons with Disabilities Act 2008 neither incorporates the term discrimination nor does it contain provisions that penalise discrimination against people with disabilities.
Reflecting the silo approach that so undermines essential all-of-government and all-of-society collaboration, and despite Malaysia’s ratification of Cedaw and regular engagement in the Cedaw process, the Persons with Disabilities Act makes no mention of “women and girls with disabilities” (or of “disabled women and girls”).
Malaysian civil society groups concerned with the rights of people with disabilities have urged the government to address discrimination and unequal treatment, including in the workplace.
However, there has been little evidence of corrective action. Regarding the implementation of the 1% quota for the employment of people with disabilities in the public sector, MPs, including then Prime Minister Ismail Sabri, had over the years called for government action to meet the 1% target.
Yet, despite an attempt to set a 1% target for the employment of people with disabilities as a key performance indicator (KPI) for every ministry, that target remains unmet by most ministries.
After the abovementioned landmark judicial review, the director of the Department for Social Welfare visited on 4 February 2025 the PSC, to stress the importance of hiring people with disabilities in the public sector. This step, although welcome, is long overdue and requires sustained, long-term, results-focused follow-up.
We applaud the Ministry of Human Resources for its commitment and transparency in publishing data on people with disabilities employed in each ministry up until 31 December 2022.
The 2022 data was not updated for 2023 and 2024. This lack of transparency for the past two years raises concerns about the government’s commitment to fulfil the 1% target for the employment of people with disabilities in the public sector. It suggests barricading against being held accountable.
We appreciate the MPs who raised in Parliament on 3 March issues pertaining to the employment of people with disabilities, particularly in supporting the their right to work and calling for related special implementation measures.
To all MPs, please join in ensuring urgent action on the following:
Amend Article 8(2) of the Federal Constitution to explicitly include “disability” and underscore strong legal protection for everyone from disability-related discrimination
Hold all ministries bi-annually accountable to Parliament for detailed specific progress in achieving the 1% quota for the employment of people with disabilities in the public sector
- Demonstrate measurable progress in Malaysia over the next three, six, 12, 18 and 24 months in ensuring openness, readiness and innovativeness regarding active:
- Exploration of viable reasonable accommodation solutions
- Achieving KPIs on devising reasonable accommodation solutions that work well in enabling the enrolment, training, recruitment, job placement, job retention and workplace systems for people with disabilities
- Revamp all aspects of the education, training, recruitment, job screening, placement and workplace support systems for Malaysia to produce, hire and retain more qualified people with disabilities in public sector
Harmonise – with the CRPD, legislation, regulations and implementation processes related to gender – equitable rights for people with disabilities to early intervention support services; affordable, safe, disability-inclusive and accessible public transport, toilets, shelter and online services; education, training, jobs, and financial services and entitlements; and health and rehabilitation services.
Signed by:
- Yuenwah San, disability rights-gender equality advocate; member, the OKU Rights Matter Project; member, Harapan OKU Law Reform Group
- Datin Anit Kaur Randhawa, co-chair, ad hoc committee on people with disabilities, Malaysian Bar Council; parent advocate; member, the OKU Rights Matter Project; podcaster, Kita Family Podcast.
- Ch’ng B’ao Zhong, autistic adult, licensed and registered counsellor
Endorsed by:
- The OKU Rights Matter Project <Persons with Disabilities in Malaysia – Advocating for OKU Rights and Disability Rights>
- Kita Family podcast <Kita Family – YouTube>
- Moses Choo, blind accessibility activist and advocate for people with disabilities
- Naziaty Yaacob PhD, senior consultant on accessibility and universal design
- Anthony Chong PhD, co-founder-member, Deaf Advocacy and Well-Being National Organisation (Dawn), Malaysia
- Meera Samanther, co-chair, ad hoc committee on people with disabilities, Bar Council of Malaysia; member, Harapan OKU Law Reform Group; member, Association of Women Lawyers
- Bina Ramanand, executive director, Family Frontiers
- Annie Ong Hwei Ling, president, National Organization of Bahasa Isyarat Malaysia Instructors (NowBIM)
- Dato’ Dr Amar-Singh HSS, consultant paediatrician; child-disability activist; member, the OKU Rights Matter Project; advisor, National Early Childhood Intervention Council
- Nik Nadia Nik Mohd Yusoff, moderator, Autisme Malaysia Facebook page; parent advocate and Kita Family
- Desiree Kaur, founder, Project Haans; parent advocate and Kita Family
- Nori Abdullah Badawi, owner, We Rock the Spectrum Gym for All Kids; chairman, Yayasan Budi Penyayang Malaysia; and podcaster, Kita Family podcast.
- Dr Choy Sook Kuen, parent advocate; founder, Oasis Place multidisciplinary intervention centre; podcaster, Kita Family podcast.
- Pheh Kai Shuen, person with dyslexia; clinical psychologist; licensed and registered counsellor
- Ng Lai-Thin, project lead, National Early Childhood Intervention Council (NECIC); care partner to an adult sibling with intellectual disability; member, the OKU Rights Matter project.
- Ali Azmi, research associate, Georgetown Institute of Open and Advanced Studies, Wawasan Open University.
- Susan Siew, gender equality-disabled rights
- Dato’ Sharom Ahmat PhD, retired deputy vice-chancellor of Universiti Sains Malaysia
- Zahilah Filzah Zulkifli, consultant paediatrician and licensed SPELL master trainer; executive committee member, Malaysian Advocates for Child Health (MACH)
- Izzat Zaid, clinical psychologist and ADHD adult
- 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
