Buang Seksyen 41 & 42 Akta OKU

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Buang Seksyen 41 & 42 Akta OKU

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Malaysia Independent Living Association For Disabled started this petition to Malaysian government and

What is the purpose of Akta OKU 2008?

It is an Act to provide for the registration, protection, rehabilitation, development and wellbeing of persons with disabilities. In short, it is to remove barriers so that persons with disability can fully and effectively participate in society.

Has this Act been effective and fully achieved its purpose?

No. It has serious limitations and is often criticised as
just an administrative legislation, a “toothless tiger” with no redress and enforcement provisions.

Among other limitations, Sections 41 and 42 of the Akta OKU protect members of the National Council for Persons with Disabilities from legal action, as long as their actions are considered to be made ‘in good faith’.

What changes are needed?

The Akta OKU also does not state penalties for discrimination or infringement of the rights of persons with disabilities.

We echo the call for the amendments to the Akta OKU in at least six areas below as presented by Harapan OKU Law Reform Group to the government and endorsed by 113 civil society entities:-

1. Broaden the definition of disability to more than seven categories.

2. Define “discrimination” and “harassment”.

3. Provide remedies in the event of discrimination and harassment.

4. Repeal Sections 41 and 42 of the Akta OKU that protect the government and public servants and their representatives from being sued when they fail to fulfill their legal duties and obligations towards persons with disabilities.

5. Establish an independent commission, accountable to Parliament, to monitor the implementation of the Akta OKU and systematically advance the mainstreaming of disability inclusion in all ministries and at all levels of government.

6. Establish a tribunal to handle cases involving infringement of disability rights.

The advantages of a tribunal for resolving cases as distinct from pursuing a formal court process involving expenses and lawyers, include: easier access (more disability- friendly) for the aggrieved party, lower cost, and it’s quicker.

What will the amendments achieve?

With the Akta OKU amended accordingly, we aim to attain the following:-

1. Akta OKU be fully in line with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

2. The rights of persons with disabilities be fully promoted and protected.

3. Our country become a truly accessible and inclusive society

4. Rise to the call of the United Nations' 2030 Agenda for Sustainable Development Goals (SDGs), and our Government’s government's Shared Prosperity Vision 2030 (SPV 2030), leaving no one behind.

It is our hope that we, persons with disabilities, like everyone else, will be part of the system and will enjoy the development of the country. We no longer want to be left behind!

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