“I understand to live in Malaysia is extremely difficult for refugees. But, there is something I can guarantee, in Malaysia no one can simply kill anyone or take people life. Even the police also can not do that. They can detain you, put you into detention camp and later deport you back to Thai-Malaysia border but you can come back.
This is important, because as long as we are still alive, it means there is chance for us to see a better tomorrow.
You must be someone very special with lots of strength. You gone thru a lot but you still able to come all the way from Myanmar to Malaysia, not many people will be able to do that. But you did that and you survive. Don’t you think there must be something in you so that you able to make it?” (我通常用英文,因此原文照写)
Pg 125 of SUHAKAM 2008 ANNUAL REPORT (REPORT ON SARAWAK)
(b) Alleged Rape of Penan Women and School Girls
In the last quarter of the year, a foreign non-governmental organization (NGO) – the Bruno Manser Foundation – reported that Penan women and school children were allegedly being sexually abused and raped by loggers in Ulu Baram. This had resulted in a sense of insecurity and fear in the Penan Community. Some survivors were said to have become pregnant and, consequently, ostracized by their community.
SUHAKAM, through its office in Kuching, contacted local NGOs to obtain more details. Meetings were then held with the State Director of Education and the office of the Commissioner of Police.
The Education Department said it had completed its investigation into the alleged rape of a student.
However, it was not able to gain direct access to her. The secondary information gathered was
therefore inconclusive.
On Nov 20, SUHAKAM held a meeting with the State Assistant Commissioner of Police and was told that an investigation had been carried out in early October. The Police questioned 57 witnesses and visited Long Loteng, Long Kevok, Long Kawi, Long Pakan, Long Item, Long Latih, Long Lama, Long Bedian and Long Belok. Available Police records in the Baram District from 1995 showed that, of 11 rape reports, one involved a member of the Penan Community.
In sofar as the more recent allegations were concerned, the Police investigations indicated that one complainant had married the alleged perpetrator, who had been supporting her. Another complainant apparently did not know the suspect(s) and was uncertain as to when and where the alleged incident had taken place. The Police also said they had experienced difficulty in contacting witnesses from the NGO concerned.
SUHAKAM will continue to engage NGOs, the Police, relevant government agencies and the Penan Community to ascertain the validity of these reports. The Commission had planned to carry out its own investigations, but was forced to reschedule its visits due to adverse weather conditions. There was also a possibility that members of the Community would be reluctant to divulge information in view of the massive publicity the cases have generated.
Indigenous communities have complained of harassment and intimidation by employees of private enterprises. The Police have also been accused of bias in dealing with such complaints, and of failure to conduct effective investigations into reports of harassment, death under suspicious conditions and rape.
SUHAKAM held a meeting with the Police and Education Department in the State over the alleged sexual abuse of Penan women and students by workers in timber camps. The Commission is of the opinion that the Police and the relevant agencies have taken the appropriate action in trying to bring the perpetrators to justice. SUHAKAM understands the difficulties faced by the authorities in trying to obtain evidence that will stand up in Court. It is also of the opinion that the underlying factors that expose the communities to the risk of sexual abuse need to be addressed.
是的,我很少在他们面前像我们的一些官员,到处炫耀“马来西亚Boleh!” "We are number One in Asia who has Domestic Violence Act" ... 因为,我不知道这有什么好炫耀的;更因为,我很清楚,这个亚洲第一的功效到底有多少,这个亚洲第一,比较那些起步比马来西亚晚的其他国家,我们无论在制度、援助上,都差太多太多。
最后,1995年马来西亚在很多的非政府组织的压力下在一个于北京举行的国际会议上签署了两个国际公约"CEDAW -- Convention to eliminate all forms of discrimination against women""CRC --Convention for Child Rights".. 之后,才于1996年正式实行家庭暴力法。
New Section 375A – Husband causing hurt in order to have sexual intercourse
A husband who causes his wife to undergo mental injury, including stress, in his bid to have sex with her can be prosecuted and sentenced to a jail term of up to five years
The Women's Centre for Change Penang (WCC) views with great concern the allegations made by Indonesian teenager, Manohara Odelia Pinot regarding the physical, emotional and sexual violence she has endured in her marriage to Kelantan Prince, Tengku Temenggong Mohammad Fakhry.
WCC is glad to see that the Foreign Affairs Ministry has offered to help if Manohara files a complaint and we would strongly encourage Manohara to file a complaint, as well as lodge a police report so that investigations can commence.
Domestic violence is a criminal offence. Under the Domestic Violence Act (1994), domestic violence includes causing or threatening to cause physical injury, confining a person, damaging property or forcing a person to do something she can legally refuse to do.
A person found guilty of committing these acts can be charged under the Penal Code.
Domestic violence has been increasing steadily in recent years. In 2007, there were 3,756 cases of domestic violence reported to the police nationwide. These figures are said to only represent the tip of the iceberg as many victims tend to keep silent over the abuse they receive.
Many are ignorant of the Domestic Violence Act (1994) which can actually help protect victims from further abuse.
WCC views with deep concern the comments made by the Deputy Prime Minister Muhyiddin Yassin regarding Manohara's allegations.
He was reported as saying ‘...this is more a personal matter' and ‘...so we want to leave it as it is'.
WCC would like to stress that domestic violence is not a personal matter, but is of public concern, given that it is a crime.
To have a Malaysian leader trivialise allegations of domestic violence indicates that violence against women is still not understood nor taken seriously.
Given the Malaysian government's commitment to the passing of the Domestic Violence Act (1994) and as a signatory to the UN Convention on the Elimination of All Forms of Discrimination Against Women, the government is duty bound to investigate these allegations.
The writer is programme director, Women's Centre for Change, Penang (WCC).