KUALA LUMPUR, April 30 — The Malaysian Bar today called for the immediate withdrawal of remaining reservations linked to gender equality under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), saying they are inconsistent with the Federal Constitution.
Full compliance with Article 8(2) of the Federal Constitution is necessary to ensure meaningful gender equality, Malaysian Bar President Anand Raj said in a statement.
“These reservations are inconsistent with the constitutional guarantee of gender equality enshrined in Article 8(2) of the FC, which expressly prohibits discrimination on the grounds of gender. They must be withdrawn forthwith,” he said.
He said Malaysia’s continued retention of certain reservations under CEDAW undermines efforts to achieve full gender equality despite earlier reforms and advocacy efforts by civil society groups and institutions.
He noted that although some reservations have been removed over the years, key ones remain in place despite being incompatible with constitutional principles and international obligations.
He said the United Nations CEDAW Committee has also previously recommended that Malaysia withdraw its remaining reservations within a set timeframe after reviewing the country’s periodic report.
He singled out the provisions under CEDAW Articles 9(2) and 16(1) as being inconsistent with both the convention’s purpose and international treaty standards.
“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,” Anand Raj said.
“It is only a matter of time before these reservations are subject to constitutional challenge,” he added.
