Malaysia: Legal recourse available to Muslim women victims of physical and sexual assault by their brothers and whether such sexual assault would fall under legislation on domestic violence or under other jurisdiction (1999)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 May 1999 |
| Citation / Document Symbol | MYS31890.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Malaysia: Legal recourse available to Muslim women victims of physical and sexual assault by their brothers and whether such sexual assault would fall under legislation on domestic violence or under other jurisdiction (1999), 1 May 1999, MYS31890.E, available at: https://www.refworld.org/docid/3ae6ab5194.html [accessed 31 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Specific and current information on the legal recourse available to Malaysian Muslim women who are victims of physical and sexual assault by their brothers could not be found among the sources consulted by the Research Directorate.
A 30 April 1999 Research Directorate letter requesting such information has been faxed and e-mailed to the following Malaysian women's rights groups: All-Women's Action Society of Malaysia (AWAM), Women's Aid Organization (WAO), Women's Crisis Centre (WCC) and Sisters In Islam. To date, no response from any of the mentioned groups has been received by the Research Directorate.
However, in general terms, the women's section, section 5, of Country Reports 1998 states that, "until a sexual harassment law comes into effect the legal basis for sexual harassment charges remains inadequate" in Malaysia. (1999).
Quoting a lawyer, a 16 July 1998 New Straits Times article states that, in Malaysia, "sexual harassment cases are often referred to Penal Code and the Employment Act, both of which are uncleared of the concept. Section 14 of the Employment Act deals with "gross misconduct" while section 354 of the Penal Code deals with "violence" against a person. The term sexual harassment is not specifically addressed in both conditions".
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
Reference
Country Reports on Human Rights Practices for 1998. 26 February 1999. United States Department of State. Washington, DC: United States Government Printing Office.
New Straits Times [Malaysia]. 16 July 1998. Sephanie Rajendram. Right Time to Come Up with a Clear Definition of Sexual Harassment. (NEXIS)
Additional Sources Consulted
Amnesty International (AI) country file. December 1998- April 1999.
Asiaweek [Hong Kong]. 1998-April 1999.
Asian Survey [Berkeley]. 1998- April 1999.
Asian Profile [Hong Kong]. 1998.
CEDAW Reports. 1998 to present.
Country Reports on Human Rights Practices for 1998. 1999.
Human Rights Watch World Report. 1999.
Resource Centre "Malaysia" country file. 1996-1999
News from Asia Watch [New York]. December 1998 - April 1999.
Win News [Lexington, Mass.]. 1996 - 1998.
Electronic sources: IRB databases, Internet, LEXIS/NEXIS, World News Connection.
