Malaysia: Empowering Civil Society to Combat Discrimination through Collective Advocacy and Litigation

This project started in March 2010 with support from the European Commission and other funders, in partnership with the Kuala Lumpur-based NGO Tenaganita.

Its purpose is to strengthen the role of Malaysian civil society in implementing equality and anti-discrimination provisions enshrined in the Federal Constitution, in line with international law. The project has two specific strategic objectives.

They are:
(i) to increase the capacity of civil society organisations and other professionals to improve the implementation of the right to equality and non-discrimination under the Federal Constitution and build a national anti-discrimination regime through litigation and public advocacy work;

(ii) to create an institutional framework for civil society dialogue and strategic interventions on equality and discrimination issues through establishing an Equality Forum.

The project has established an Equality Forum with the aim of providing CSOs with a platform for discussing equality and engaging in dialogue a variety of stakeholders.

As of January 2011, three meetings of the Equality Forum have taken place with over 30 civil society organisations represented at each meeting. The third meeting took place on 29th January 2011, and Dimitrina Petrova, ERT Executive Director, gave a lecture entitled “Principles on Equality and European Approaches to Racial Equality”.

Race discrimination is a key issue in Malaysia, where the Malay segment of the population enjoys a number of constitutionally guaranteed controversial privileges in key areas of life.

A baseline study which has been completed under this project provides an overview of civil society capacity and training needs. On the basis of this study, ERT and Tenganita are currently working towards a training workshop on equality and non-discrimination law which will take place in Kuala Lumpur in June 2011.

Research is also underway with a view to publishing a report on equality and non-discrimination jurisprudence in Malaysia. The partners have also started to identify potential opportunities for intervention in strategic litigation cases involving the right to equality and non-discrimination in Malaysia.

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