Dato Sri Ang Lai Soon
KUCHING: Sarawak Cheshire Home president Dato Sri Ang Lai Soon is calling for the setting up of NationalDisability Rights Tribunal to improve the lives of the disabled in the nation.
Speaking to The Borneo Post yesterday, Ang said his experience with the leprosy sufferers through the Malaysian Leprosy Relief Association (SB) of which he was its chairman, and as Sarawak Cheshire Home president (for the care of the disabled), he had encountered first-hand the problems the disabled experienced in their everyday lives.
“I am seriously concerned about the plight of the disabled in our society 50 years after the formation of Malaysia .There is, indeed, a struggle for ‘a place in the sun’ for these people.”
Ang lauded the government for introducing a national policy and national action plans and programmes on Persons With Disabilities and also for enacting the Persons With Disabilities Act 2008 (Act 685).
However, Ang said this Act was not comprehensive enough as it did not contain express provisions on how to enforce the rights of Persons With Disabilities relating to access to employment, education, health, public facilities and services, etc. as spelt out in the Act and there was no penalty provision for breach of any obligations specified under the Act.
He added that although Malaysia had signed and ratified the UN Convention on the Rights of Persons With Disabilities, it had not signed its Optional Protocol.
“To protect the rights of the disabled, I suggest that a National Disability Rights Tribunal be established under a separate Act of Parliament. Itshould be given or vested with powers and authority to investigate or inquire into alleged breaches of the provisions of the Act or alleged acts of discrimination or other forms of violation of human rights against Persons With Disabilities, and to provide appropriate remedies, including monetary compensation to the victims (Persons With Disabilities) concerned in a more expeditious andcheaper manner as compared to normal litigation process in courts of law.”
The Cheshire Home president stressed there was an urgent need to amend the Persons With Disabilities Act 2008 (Act 685) to include an express provision for a legal remedy or other form of redress where there is proof of discrimination against Persons With Disabilities in areas such as employment, education and training, provision of public facilities and amenities.
“Also Article 8(2) (Equality before the law) of the Federal Constitution needs to be amended to expressly provide that there shall not be any form of discrimination against persons with disabilities on the grounds of disability. Though it does mention grounds, race, gender, religion, etc, disability is not mentioned.
In addition, the Malaysian government should sign and ratify the Optional Protocol to the UN Convention on the Rights of Persons With Disabilities to ensure a more effective monitoring and enforcement of the provisions of the Convention by all parties concerned.”
He said a barrier-free or disabled-friendly environment is highly important for the mobility of disabled people, adding that the lack of accessibility into and within buildings made it difficult for disabled people to carry out their basic livelihood activities, and, most important of all, to integrate into their local communities.
“I believe By-law 34A of the Uniform Buildings By-laws (applicable in peninsula Malaysia) and by-law110A of the Buildings By-laws (of Sarawak) require all buildings to which the public have access, to be provided with appropriate accessible facilities for persons with disabilities.
“Unfortunately, it is observed that the provisions of these By-laws are not strictly enforced. I, therefore,call for more strict enforcement and implementation of the above Buildings By-laws and Code of Practice on Access for Disabled Persons to Public Buildings by all relevant parties.”
Touching on education for the disabled, Ang pointed out that many Persons With Disabilities were denied rights to education because of their severe disabilities or due to lack of accessible facilities in schools, especially for those on wheelchairs.
“Therefore, selected schools and higher institutions of learning in major urban centres should be provided with disabled friendly facilities to enable persons with disabilities to pursue their education and training therein. For this purpose, schools and institutions of higher learning should be made more aware of the needs and problems of students with all forms of disabilities, and find ways to assist them to pursue their education.
“I suggest it is necessary for the Federal government to provide adequate budget and monetary allocations to enable such accessible facilities to be provided in schools and institutions of higher learning in the country.”
He said society could do much more to improve their lives by using their capabilities to the full as productive members of our society through the setting up of a National Disability Rights Tribunal
The social worker also called on elected or appointed law makers, especially thesenators appointed by the King, to take up this cause.
“One voice in the Upper Houseor the Lower House in Parliament has the power to initiate debate and bring about real change, a power far beyond that of any member of the ordinarypublic like myself.
“There can be few better causes thanimproving the plight of the disabled for any senator or a member of the House of Representatives to take up,”he said.