This document provides an overview of challenges faced by women's shelters in Malaysia. It discusses how although a Domestic Violence Act was passed in 1994, full implementation took two more years. There are currently only around 15 NGO-run women's shelters in the country, concentrated in major cities, with lack of funding being a major challenge. Government shelters are insufficiently specialized and have issues with bureaucracy. The legal system still does not adequately address domestic violence, marital rape, or sexual harassment. Overall, the document outlines barriers faced by victims of gender-based violence in accessing support and seeking justice in Malaysia.

1. Malaysia Country Report
Challenges and Barriers Women’s Shelter
Met :
legislation and development
Planning Meeting for Asia Network of
Women’s Shelter
(3 - 5 September 2012, Taipei)
Presented by
Wong Su Zane,
Social Work Manager
Women’s Aid Organisation (WAO), Malaysia
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2. 2

3. Challenges and Barriers
Women’s shelter Met
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4. Domestic Violence Act
Domestic Violence Act (DVA), was
passed in Malaysia in 1994, the first
country in Asia Pacific passed the
act. However, the act was fully
implemented and enforced in 1996,
which is two years later.
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5. Government shelters in Malaysia
Since DVA enforced in 1996, there were
34 government shelters providing services
for women and children in crisis.
However, none of these shelter specialize
in this areas. Most of the shelters in the
list are homes for sick and elderly people,
homes for mentally challenge children
Lack of Political Will in Combating Domestic Violence
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6. Government shelters in Malaysia
Challenges
Officers are trained differently rather then
handling cases of women and children in
crisis.
Clientele have different needs and
expectations which might be different from
their normal job scope.
Bureaucracy – accessibility for the clients,
too difficult to get into the shelter.
Co-operation and support within inter-
agencies
The shelters only provide services for
Malaysian. 6

7. NGO shelters in Malaysia
There are about less then 15 NGO shelters in Malaysia.
Most of the NGO shelters concentrated in the big cities,
women and children need to travel from 1 hour to 7-8
hours to go to the nearest shelter.
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8. Challenges : Funding
Government does not provide funding for the NGO
shelters, most of the shelters are self funded.
Even though, the NGO’s shelters might be
gazetted by the government, but they only
received an annual grant which covered about 5%-
8% of operating cost of the shelter.
Example : Tenaganita Anti-Trafficking Shelter
need to end their operation because lack of
funding in 2009.
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9. Challenges : Security Issues
There are no law to protect the shelter service
providers in order to deal with security threats.
Insensitivity of officers from the enforcement and
supporting services, who disclose confidential
information such as location and address of the
shelter to the perpetrators.
Officers from the enforcement agencies who bring
the perpetrators to the shelters looking for
“missing wives or children.”
The magistrets/judges who had granted search
order for the perpetrator to search NGO’s shelter.
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10. Challenges : Bureaucracy of the
system
Even though there were “government shelters”,
the welfare officers, police, medical officers still
prefer to refer cases to NGO shelter as is faster,
less red tape, and operate on 24hours basis.
Respond time from the welfare officer in order to
get into government shelter is too long.
To enter into government shelter, is prerequsite for
the client MUST lodge police report.
Example : 1. NGO’s shelter 2. Government Anti-
trafficking shelter.
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11. Challenges : Human Resources
Most of the NGO’s shelters are lack of
funding, hence difficult to retain trained and
good social workers /case workers
Not many public universities offered
courses in social work, most of the welfare
officer are not social work trained. It is
difficult to recruit qualified and trained
social workers/case workers.
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12. Challenges : Other issues
Overcrowding issue – as shelters in Malaysia are
limited, most of the NGO shelters are fully or over
occupied.
Co-operation with agencies in assisting the clients,
especially undocumented clients. Example : WAO
shelter was raided by Immigration officer in 2001
with reason keeping undocumented migrant.
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13. Domestic Violence a big problem in
Asia Pacific
Malaysia: average 3,521 reported cases a year (2006-
2010) .
Thailand: 20% of husbands beat wives
Japan: 58.7% physically abuse their partner
Australia: 50% of respondents knew someone involved
in DV
New Zealand: 20.1% hit and physically abused
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14. Statistic of Gender Based Violence
in Malaysia (2000 – 2011)
200 200 200 200 200 200 200 200 200 200 201 201
Police Reports
0 1 2 3 4 5 6 7 8 9 0 1
346 310 275 255 310 309 326 375 376 364 317
Domestic Violence
8 7 5 5 1 3 4 6 9 3 3 n/a
121 138 143 147 176 193 245 309 340 362 359 330
Rape
7 6 1 9 0 1 4 8 9 6 5 1
Incest 213 246 306 254 334 295 332 360 334 385 413 342
Abuse of Domestic
56 66 39 40 66 37 45 39 n/a n/a n/a
Workers n/a
n/a
Child Abuse 146 150 123 119 148 189 141 196 n/a 203 257
Outrage of Modesty 123 139 152 139 166 174 134 224 213 211 205 194
(Molestation) 4 3 2 9 1 6 9 3 1 0 4 1
Sexual Harassment in
112 86 84 82 119 102 101 195 n/a n/a n/a
the W orkplace n/a
Source: Royal Malaysia Police and Ministry of Women, Family and Community
Development
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15. WAO’s shelter services
WAO Services from 2007 - 2011
140 125
119
110
120
100
95
100
80
Clients
60
40
20
0
2007 2008 2009 2010 2011
Years
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16. Face to Face Counseling
160 145
130
140
120 104
100
75
72
80
60
m
N
o
b
u
s
a
c
e
r
f
40
20
0
2007 2008 2009 2010 2011
Year
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17. Telephone Counseling
1600 1544
1400 1318 1347
1200 1228
1200
Number of calls
1000
800
Number of calls
600
400
200
0
2007 2008 2009 2010 2011
Years
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18. Law in Malaysia
-- regards to Gender Based
Violence
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19. Legal reform - Domestic Violence
Act (DVA)
DVA 1994 has been operation since 1996, the
implementation of this law has been poor.
In 2011, amendments to the DVA were passed by the
parliament.
Positive changes
- The addition of “psychological abuse, including emotional
injury” to the definition of domestic violence.
- Making domestic violence a seizable offence, which allows
the police to investigate and arrest immediately.
- The automatic attachment of the power to arrest to every
protection order when violence is likely.
- A protection order may be made to prohibit or restrict the
perpetrator from communicating by any means with the
protected person.
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20. Legal reform - Domestic Violence
Act (DVA)
Areas of Concern with the recent amendments
- Stalking and intimidation are still not recognised in the
definition of domestic violence in the DVA.
- The category of victims/perpetrators is still limited to familial
relationships and the DVA does not cover intimate partner
violence.
- Domestic Violence is still not recognised as an offence in
the Penal Code and perpetrators are charged under the
‘hurt” provisions in the Penal Code. Does not reflect the
serious, persistent and often repetitive nature of domestic
violence.
- How and who can identify if the victim suffer psychological
violence? Will the medical report/assessment affect their
chances of winning custody of their children.
The Penal Code must be reform to include domestic
violence, including psychological abuse, as a separate
offence.
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21. Legal reform - Rape
Marital Rape
The Penal Code not recognised rape within a marriage is a crime.
In 2006, a new subsection (375A) was included in the rape
provisions
Any man who during the subsistence of a valid marriage causes hurt or fear of
death or hurt to his wife or any other person to have sexual intercourse with his
wife shall be punished with imprisonment for a term which ,may extend to five
years.
The crime is not rape, but is based on potential or actual physical
harm.
The exception to 375A is still remain
Exception – Sexual intercourse by a man with his own wife by a marriage which
is valid under any written law for the time being force, or is recognise in
Malaysia as valid, is not rape.
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22. Legal reform - Rape
The penalty for causing “hurt or fear of death or hurt” within
the marriage (a maximum of five years) is much less than the
penalty of rape, which is not less then five years and not more
than twenty years, and shall also be liable to whipping.
The Malaysia Parliament Select Committee had concluded
that marital rape could not be made an offence, as that would
be inconsistent with the Sharia law.
Rape with an object
In the Penal Code, rape with an object is not considered rape
– this is deal in section 377, which is consider an “unnatural
offence”
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23. Legal reform – Sexual Harassment
There is not Sexual Harassment Act in Malaysia.
In 1999, a Code of Practise on the Prevention and Eradication of
Sexual Harassment in the Workplace was launched.
However, this code is only voluntary for employers to follow. Between
1999 and 2011, only 1,671 employers nationwide had implemented the
code.
In October 2011, an Employment Amendment Bill was passed with
new provisions which compel employers to examine claims of sexual
harassment at the risk of facing a fine if the complaints are ignored.
Area of concerns
The law allows the employer to decide whether or not an inquiry
should be conducted. If the employer refused to hold the inquiry the
complainant can refer the case to Director General (DG) of the labour
department. The DG review the case and instruct the employer to
conduct the inquiry. 23

24. Legal reform – Sexual Harassment
The law is silent about the right of appeal a decision of the employer
or DG not to conduct the inquiry or decision following an inquiry to the
complainant.
There is no possibility of compensation or an apology to victims of
sexual harassment.
In the case of an inquiry and the employer finding that sexual
harassment take place, the perpetrator may dismissed, downgraded, or
receive a “lesser punishment” as the employer think fit. If perpetrator is
not an employee, the employer shall recommend that the person to be
brought before an appropriate disciplinary authority. If the perpetrator is
a contract worker or visitor to a workplace, there is no punishment.
The inclusion of sexual harassment in the employment amendment
is a superficial way disregards the rights of the victims and
demonstrates lack of understanding of complexities of sexual
harassment.
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25. Thank you
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