KUALA LUMPUR – The nationwide emergency scheduled to be in force until August 1 will only delay important law reforms that could have otherwise been implemented earlier, said civil society groups.
These include the introduction of the Sexual Harassment Act and several amendments to labour legislation.
In a special online press conference organised by the Civil Society Organisation Platform for Reform, several groups expressed concern that these laws will now only be passed in Parliament later in the year at the earliest.
Persatuan Sahabat Wanita Selangor executive director Irene Xavier said following the enforcement of amendments to the Industrial Relations Act 1967 on January 1, there have been high expectations that more reforms will be made to the labour force.
“The amendments to the Industrial Relations Act cannot take full effect until other laws are similarly amended. These include the Employment Act 1955 and Trade Union Act 1956.
“Both need to be amended before effective changes can take place. And this situation has now left many sectors in a vulnerable position because they won’t be able to enjoy full trade union rights.”
The amendments to the Industrial Relations Act, which will improve workers’ rights and speed up the justice process, have been lauded by industry players.
Among the changes are the abolition of punishment for picketing and strikes; allowing trade unions to negotiate general issues related to the exchange, recruitment and termination of services due to labour surplus, dismissal and reinstatement; and, repealing the minister’s power to refer representations on dismissal cases to the industrial court.
Meanwhile, Women’s Aid Organisation executive committee member Mary Shanthi Dairiam said the emergency is also damaging as far as the implementation of legislation on sexual harassment and discrimination is concerned.
“Women’s groups and many others were ready for a Sexual Harassment Act to be introduced.”
The much-anticipated bill was supposed to be tabled for first reading in the first session of this year’s Parliament sitting, Women, Family and Community Development Minister Datuk Seri Rina Harun had said.
This, in itself, comes after some delay, with the minister blaming the change of government in March last year as the reason for the hold-up.
The bill, first pushed by the previous Pakatan Harapan administration, will provide thorough definitions on what counts as sexual harassment.
It is meant to improve the nation’s systems to allow sexual harassment victims to come forward and effectively report their cases, as well as reforming punishment and penalties for sexual assaulters and predators.
At the moment, Malaysian laws do not specifically define sexual assault or violence. Instead, it is spread out over separate legal documents, such as the Penal Code, Sexual Offences Against Children Act and Employment Act. – The Vibes, January 15, 2021
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