Social activist calls for setting up of National Disability Rights Tribunal

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Datuk Seri Ang Lai Soon

I WOULD like to touch again on legislation affecting persons with disabilities. I am making appeal to the Federal Government to seriously consider amending Article 8(2) (on Equality and equality before the law) of the Federal Constitution, which does not expressly mention the disabled or to prohibit discrimination based on disability of a person. I believe that since I last spoke in 2013, there has not been any change to this particular Act.

As a matter of academic interest, the ladies particularly might be happy to hear that Article 8(2) was amended several years ago to prohibit discrimination based on gender. So technically, there should be no discrimination against women. It is a shame that there is still a lot of discrimination against women today -from holding public office in an advanced country to driving a car in a country which still has a feudal system of government.

Referring to the  Persons with Disabilities Act 2008, I believe it is time that Parliament made express provisions to enforce rights of disabled like on access to employment, education, access to buildings and public facilities, services for disabled, etc and provide remedies or penalties for breach of provisions of the provisions in the Act.

As this county is making progress in many areas, and possibly soon it will be enjoying the status of a developed country, it is, therefore, time for a National Disability Rights Tribunal to be set up by the government to investigate any breach of the Act and impose or recommend penalties or solutions for non-compliance which seems to be happening every day.

Human nature being what it is, there is this great tendency to breach rule and break the law for material gains or power. In some highly organised and disciplined countries, it appears that this unlawful criminal act is brought down to the minimum. It is impossible to have everybody being law-abiding in any country at any time as long as there is a race called human being. We must accept that.

I would like to make an appeal to the Government to sign the Optional Protocol to UN Convention on Rights of Persons With Disabilities (CRPD) (2006).

The Government did sign and did rectify the main Convention (CRPD) but has not yet signed the Optional Protocol (important so that there is international monitoring procedure on implementation of provisions of main Convention on rights of disabled, in Malaysia and by the Government, etc). It is also important that this should be done without any further delay.

The term disabled is not necessarily referred to those

who are unfortunately born with some forms of disability like without an arm or with no

ears or with one eye blind at

birth. Take note that a young or elderly person through an accident or a stroke is a disabled person, or just simply sickly and old age. Of coursethere are people who are in their 90’s or centenarians can still drive, ride a bicycle, or running a marathon. A human being is like a vehicle, some vehicles after a few years they become like boneshakers others after 50 years still look as new.

I hope there is one area which the Government can take the lead, for example by implementing Building By-Laws and provide facilities for the disabled in Government and public buildings.

It is noted that most of old Government buildings have not been modified or renovated to provide facilities e.g. ramps, lifts, escalators, accessible public toilets, for use of disabled – so ensuring access or entry by disabled on wheelchairs to such buildings and restrict their employment (even if there is a vacancy for post suitable for the disabled). This is important so that persons with disabilities can use and enjoy all the facilities or participate in activities in the Government and public buildings like normal people with no physical disabilities.

Almost all disabled persons who are using wheelchairs are not able to use buses. This is not acceptable, as many people do not own a car to ferry them around, even if they do, most have a small car like a Kancil which has no room at all for the wheelchairs. In this connection, I hope that all new buses to be put on the road should be equipped with a ramp for the disabled. I am confident that these bus companies would also like to make the contributions to help the disabled.

Many disabled persons have to go to clinics, hospitals, to work or to go shopping for their essentials. It is not a luxury.

I suggest the local authorities throughout the country might consider providing vehicles for the purpose of ferrying disabled people to clinics and hospitals and to work places. Many advanced countries provide free transport in the cities for everyone including tourists and disabled, of course.

As some businesses seem to have problems in the present economic environment, it might be food for thought for these people to set up companies to provide transport services for the disabled in the community charging reasonable fares.

I strongly appeal to the Government in particular, and to the public as well, on behalf of all the disabled people in the country to help all our disabled fellow citizens to lead a more meaningful and fruitful life. I know that all the disabled in the country will support me in making this general appeal on their behalf, as so far we have not had any particular law maker

at the highest forum of

discussion and debate on public issues and national policy in the country, the Senate or the Upper House, who has taken on the responsibility to speak solely and specially for the people with disabilities, as I presume there might be other areas which they think require there urgent attention.

I have been fortunate over the years to have the generous support of the Fourth Estate,

I am referring, of course, to the public-spirited people in the mass media who have been disseminating my various messages in my charity, voluntary and environmental work, knowing that I am just doing it without any ulterior motive, without any hidden agenda, or indirectly making a living out of voluntary charity work. In life I have not enriched myself with material things

at all, but I am rich in terms

of satisfaction, happiness and joy that I have not been born into this world simply to take up more space in this rather crowded world ,and be a burden to everyone. I try to justify my own existence.

If my message were never disseminated, it would probably be just good for a very limited audience.

However, I would like my message to reach particularly those who are capable of making changes. The media has, therefore, been most helpful and for which I am most grateful.

And it is my hope that some law maker, a Senator, in the Upper House will be assigned to speak solely for the disabled in the country.