Womenand9thMalaysian Plan

CONVERGING RIGHTS:Women and the Ninth Malaysia Plan : 

CONVERGING RIGHTS: Women and the Ninth Malaysia Plan Cecilia Ng Universiti Putra Malaysia 27 February 2007

Objectives: 

Objectives To examine the main approaches to women/gender, rights and development To critically discuss Malaysian development plans in light of the above To interrogate the Ninth Malaysia Plan and implications for women’s rights and development

Introduction: 

Introduction Main approaches to women/gender and development: Women in development Gender and development Gender, rights and development

Women in Development (WID): 

Women in Development (WID) Origins = Ester Boserup – economist and development planner – “Women’s Role in Economic Development” (1970) Background to Boserup’s work: 1950s and 1960s, development projects happening in Third World countries Yet women in these countries were still poor – why?

Boserup’s research: 

Boserup’s research Investigated impact of development projects on Third World women and observed: Women play key role in Third World economies (agriculture, female-headed households)… But confined to sectors of production that are undervalued, underpaid (e.g. households, informal sector) Contributions not reflected in statistics like GNP Result: Perpetuated stereotype of male breadwinner role; worse, perpetuated women’s poverty

Boserup’s research: 

Boserup’s research Concluded that on the whole modernisation failed to improve women’s status in society Introduction of development projects in agricultural sector that required use of new technologies deprived women of economic opportunities Only men drawn into this process – e.g. training in new technologies offered only to them – improved their knowledge and opportunities Women left in subsistence agriculture – no access to education, technology, credit facilities

Boserup’s proposal: 

Boserup’s proposal What is solution to failure of development policies to recognise and account for their roles in development despite women’s contributions to household and society? “Integrate women into development” – i.e. integrate women into male dominated development and power structures Bring women into formal sectors of Third World economies i.e. into more ‘self-fulfilling’ forms of employment within modern capitalist system

Boserup’s proposal: 

Boserup’s proposal Specifically: Integrate women into programmes consciously planned for them Increase involvement and productivity in modern sector via legal and administrative changes, e.g. Provide educational opportunities Engage in legal reform Improve access to employment, land, credit via income generating projects, basic needs Bring women into development planning

Summary of Boserup: 

Summary of Boserup Modernisation development paradigm essentially good Weakness = women left out, so solution = spread benefits to women; integrate them into development process Boserup’s position similar to liberal feminism (education, employment, legal reform)

WID success and supporters: 

WID success and supporters WID approach popular in 1970s right through to today Supported by UN agencies, development agencies, bilateral donors, World Bank, IMF, governments (Malaysia - NACIWID) Highlights: UN declared 1975-1985 Decade for Women (Mexico City) – women’s development in agenda 1985 Forward Looking Strategies (Nairobi) – urged women’s full integration into the mainstream of economic development

WID success and supporters: 

WID success and supporters Institutionalisation of WID Creation of separate sections, desks, bureaus, departments, project components, national policies for women – particularly after 1985 Setting up of national machineries (Ministries) for women: HAWA and MWFCD Within donor countries also in development bureaucracy; conditions for aid

Critique and Limitations of WID: 

Critique and Limitations of WID Approach accepts status quo and existing market-led development framework Development for women = becoming more western, ‘modern’, does not challenge that world view Focus on ‘modernising’ Third World women, not understanding their lives and experiences – also dismisses the existence of highly-skilled Third World women

Critique and Limitations of WID: 

Critique and Limitations of WID Critique = accepts status quo, does not question structural relations between women and men i.e. no theory of power or structural inequality – does not question why they had been left out in the first place “Women’s projects often seem determined to increase the productivity of women within subsistence agricultural production rather than providing alternative activities which might offer women more economic and personal autonomy” (Kandiyoti, 1990).

Gender and Development (GAD): 

Gender and Development (GAD) Problematising women’s situation through the concept of gender Gender = ideology, behaviour and relations – product of historical and contextual factors i.e. is dynamic and changing Stresses importance of interrelationship between gender and other forms of social hierarchies (class, ethnicity, caste, etc.) Critical of WID cash income strategy and role of market as distributor of benefits – instead propose women should be organised to protect bargaining power, increase political power within economic system Advocates political strategies such as: Community organising – importance of community support for women Transformative action Public education Coalition building

Death of GAD?: 

Death of GAD? 1990s = term ‘gender’ and GAD depoliticised and appropriated by global institutions like UN, World Bank, WTO and governments Term ‘gender’ – becomes simplistic, binary – leads to denial of power relations Result = GAD or ‘gender’ as fashionable term (e.g. gender mainstreaming, gender budgeting, gender-sensitisation, etc.) – working within WID paradigm but using GAD terminology – strategy to reassure men that their interests and concerns not left out by excessive focus on women

CEDAW (Convention on the Elimination of All Forms of Discrimination against Women): 

CEDAW (Convention on the Elimination of All Forms of Discrimination against Women) 1980s: Discourse on women’s rights and equality –CEDAW framework International human rights treaty (1981) – currently 183 states parties – consensus on global standards for women’s rights Strength = framework based on three principles Substantive equality – real (de facto) equality versus formal (de jure) equality – equality of opportunity, access to opportunity, and results

CEDAW (Convention on the Elimination of All Forms of Discrimination against Women): 

CEDAW (Convention on the Elimination of All Forms of Discrimination against Women) Non-discrimination – direct and indirect, intended or unintended, present and past, structural State obligation – accept legally-binding obligations to eliminate discrimination against women Framework allows convention to be applied to range of issues, changing circumstances and histories, respond to emerging concerns Monitored by the CEDAW Committee – review process = accountability mechanism

4th World Conference on Women: 

4th World Conference on Women 1995 Beijing Declaration and Platform for Action: 12 critical areas of concern Governments agree to adhere to international norms of equality between women and men – and committed to take concrete action to eliminate discrimination against women Targets unfortunately not met: why?

Beyond gender – women’s multiple identities and intersectionality: 

Beyond gender – women’s multiple identities and intersectionality Women not homogenous – different identities (based on class, ethnicity, caste, age, sexuality, religion, culture etc.) Concept of “intersectionality” and “intersectional discrimination” Not additive effect, multiplies and amplifies the barriers that women face thus leaving them in situation of further disadvantage (e.g. foreign women worker with HIV Aids)

Development and globalisation in Malaysia: 

Development and globalisation in Malaysia Pursuit of market economy to facilitate the role of the private sector in development – consequences? Economic growth but increase in inter-ethnic and intra-ethnic inequalities Ninth Malaysia Plan statistics: Share of the bottom 40% declined from 14.5% (1990) to 13.5% (2004); share of top 20% increased from 50% to 51.2%. Worse, Sabah poverty rate = 23% against national average of 5.7% 70% of poor in rural areas – feminisation of poverty in Malaysia? (data not available)

Identity politics: 

Identity politics Appear to have ethnic harmony – reality = “nation within a nation” Farish Nor (2004) – two visible currents in Malaysian politics: ethnic communitarianism and religious communitarianism Women as markers of identity – symbolic bearers of a group’s future

National Mission (9MP) 2006 - 2020: 

National Mission (9MP) 2006 - 2020 Move economy up the value chain Raise capacity for knowledge & innovation Address persistent socio-economic inequalities Improve quality of life Strengthen institutional and implementation capacity (However identity politics not dealt with)

Malaysia Plans: WID Chapters: 

Malaysia Plans: WID Chapters Sixth Malaysia Plan: “…Since women constitute a vital economic resource, the Government’s goal is therefore to integrate women as equal partners in nation building.” Eighth Malaysia Plan: “ … Women constitute an important resource that can be mobilized … as equal partners in national development” Ninth Malaysia Plan:“important resource that can be mobilised to achieve the national development agenda”

Women and Development: Nine Strategic Thrusts: : 

Women and Development: Nine Strategic Thrusts: Promote greater female participation in labour force Increase education and training Enhance business opportunities Review laws and regulations Improve health status Reduce violence against women Reduce incidence of poverty Strengthen national machinery Advance issues at international level

Treatment of women in Malaysia’s development plans : 

Treatment of women in Malaysia’s development plans Minor shift in 9MP – but still ignores complexities of women’s lives described earlier i.e. women with multiple identities and intersectional forms of discrimination Women are perceived as a homogeneous category and still as ‘objects’ of development; repeat of previous plans; no/little mention of women’s rights and empowerment Gender not integrated and cross cutting in other sectors Critique: simplistic binary poles and instrumentalizes women into mechanistic programmatic objectives to fit development. goals

A passé WID and promises of women’s rights?: 

A passé WID and promises of women’s rights? Development plans for women stand apart from its commitment to women’s human rights Both have received significant attention – women and development chapters since the 6MP; the government’s initial and second periodic reports to the CEDAW Committee – but little effort to bring these together CEDAW report takes up various development policies but women and development chapter doesn’t reciprocate – void of human rights approach What is purpose of CEDAW if not implemented locally?

Re-Visiting Needed: 

Re-Visiting Needed Needs serious re-visit and re-visioning: To recover the concept of gender as relations of power, not just roles To analyze linkages of gender to other social constructs and structural inequalities (intersectionalities of gender,ethnicity, class, age, culture, as migrants, indigenous, persons with HIV/AIDS etc.) To adopt a rights-based approach to development to ensure that the costs of neo-liberal globalization are not borne by the most vulnerable in society To ensure that civil society is genuinely involved in the development process Challenge – how to re-conceptualise the whole issue of women, rights and development?

WID or RBA? : 

WID or RBA? Example: The dual, and often competing responsibilities of family and career restrict the mobility & increased participation of women in the labor market (6MP, 1991-1995) Response: The participation of women, particularly those with family commitments will be enhanced by more extensive use of flexible working hours, the provision of crèches at workplaces as well as enabling them to work from home (OPP3, 2001-2010) Home-Office proposal (2004)

WID or RBA?: 

WID or RBA? Alternative If government policies are truly aiming at ensuring the integration of women as equal partners, they should also be promoting the concept of shared responsibilities of parents Essentially, to work on the positive transformation of unequal gender relations and structures

De Jure vs De Facto: MAS case: 

De Jure vs De Facto: MAS case “Except as expressly authorized by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent, place of birth or gender in any law …” (Article 8 (2) Federal Constitution) Work conditions of flight stewardesses in MAS Regular female flight stewardess to retire at 40 and female flight supervisors at 45 Only allowed to become pregnant after 5 years of service Pregnancy is prohibited after 2 children Beatrice Fernandez brought her case to court claiming discrimination Beatrice Fernandez vs. Sistem Penerbangan Malaysia

Beatrice Fernandez vs MAS: Court of Appeal Ruling (2004): 

Beatrice Fernandez vs MAS: Court of Appeal Ruling (2004) Constitutional remedies protect individuals from violations of rights by the state or public authority. MAS was not a public authority and the assertion that it was “a government agency” had not been substantiated. Although Article 8 (1) and 8 (2) of the Federal Constitution provide for equality before the law, it did not apply in this case because a collective agreement cannot be considered “law”. Article 8(2) which had been amended in 2001 to include gender as a prohibited grounds of discrimination could not be applied retrospectively. The Court also held that Section 37 of the Employment Act 1955 relating to “maternity protection” was not relevant in this case.[1] [1] In May 2005, Beatrice’s application for leave to appeal to the Federal Court was dismissed.

Bringing international commitments home: The right to development: 

Bringing international commitments home: The right to development What is the right to development? Article 1(1) of the Declaration of the Right to Development: “The right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realised.” Human rights is both a condition and objective of development

The right to development: 

The right to development Implies (a) effective participation of all individuals in the decision-making and the execution of the process of development which requires transparency and accountability of activities, (b) equality of access to resources, and (c) equity in the sharing of benefits. (Arjun Sengupta, 2000)

Malaysia’s position: 

Malaysia’s position Strong and consistent supporter of the right to development at international human rights platforms “Malaysia believes in a holistic and an integrated approach to human rights. Civil, political, economic, social and cultural rights are indivisible, and interdependent. Excessive pursuit and promotion of one set of rights to the exclusion of other, only builds up a confrontational atmosphere. The right to development is a fundamental and inalienable human right...” (1999)

Malaysia’s position: 

Malaysia’s position “The right to development is a human right, which concerns an individual and not a nation. Thus each state has to take on the responsibility to foster and create a sound social environment where people in society are offered the same opportunities and social inequalities need to be worked on” (2006) Response: Results of economic growth should be distributed fairly, resources for growth should be accessed equally, and growth should expand fundamental freedoms.

Mechanisms to monitor and review the application and implementation of women’s rights: 

Mechanisms to monitor and review the application and implementation of women’s rights National Steering Committee on VAW Technical Working Groups (TWGs) Cabinet Committee on Gender Equality Gender Focal Points Gender Budgeting project Question: Have these been effective?

Conclusion: 

Conclusion Minimum consensus = rights-based approach to development is important in Malaysia Missing = link between the right to development and its enunciation at the local level Question here is what will it take for the state to translate international promises into domestic policies so all women can truly benefit from development based on human rights principles? In the case of the 9MP, how can women’s economic empowerment also be translated into political and social empowerment?

Conclusion: 

Conclusion Adoption of a deeper and more critical analysis of gender, equality and women’s rights in 9MP Inclusion of disadvantaged women and women Transformation of main, male stream and market-led development Working towards overcoming identity politics and a more inclusive citizenship

Slide39: 

Thank you

Some questions/guidelines: 

Some questions/guidelines Besides gender, what are the other forms of identity that we need to consider/be sensitive to when formulating a development agenda, particularly in the context of current globalizing trends? Who are the most marginalized women, men, girls and boys groups in society/the community? Why are they disadvantaged? What types of programs and opportunities (with specific budgetary allocations) need to be implemented to fulfill the needs and rights of the different groups of people described above?

Some questions/guidelines: 

Some questions/guidelines How can these facilitate the empowerment of these groups? What are the obstacles faced? What laws and policies act as barriers towards the realization of the full human rights of all peoples, especially the most vulnerable? What laws, policies, programs, structures and processes can be implemented to realize these rights? What monitoring mechanisms can be set up to ensure the achievement of these goals? How can civil society groups be involved in this process?

References: 

References Ng, Cecilia and tan beng hui (2006), “Converging Rights: Women and Development in multiethnic and multireligious Malaysia”, paper presented at KANITA Round Table Series: The Gender Dimension in the Ninth Malaysia Plan: Going beyond Rhetoric, 26 July, Universiti Sains Penang, Penang. Ng, Cecilia and Tashia Peterson (2005), “The Ninth Malaysia Plan: Gender, Rights and Development”, paper presented at Universiti Malaya and UN Malaysia Conference on Progress and Challenges in Human Development in Malaysia: Ideas for the Ninth Malaysia Plan, 11-12 July, Kuala Lumpur, Malaysia.