The definition of handicap during the census of 2000 was referred as:
"Persons who experience losses, changes or abnormality either physically, body structure, nervous system, functions of an organ and mental or physical disability. It may happen before or after childbirth either on temporary or permanent (defined as handicap for more than 6 months). The condition either fully or partially hinders the social and community needs of an individual in terms of the cultural and physical environment."
The types of disabilities included in the census were as follows:
Includes blind persons, those with poor eyesight, low vision and loss of both eyes. Those with poor eyesight wearing spectacles or contact lenses and those with corrected eyesight are not included in this category.
Inclusive of deafness, partial deafness, loss of hearing (but able to speak) resulting in difficulty with study at school and prospects in suitable employment or being self-employed.
Inclusive of inability to speak (dumb) normally having difficulty studying at normal schools and also less prospects in getting suitable employment or being self-employed.
Inclusive of handicaps such as amputation of hand/feet, paralysis (including polio), weak backbone or muscles, deformed body structure, dwarfs, etc. Loss of a small body part, such as a finger is not considered as being handicapped.
Inclusive slow learners, brain damage and metal disorder. A person with metal disorder is defined by imbalance between biological and mental age. Also includes cerebral palsy or spastic due to brain damage caused by virus infections, hemorrhage etc. leading to bran dysfunction.
Mental Disorder can refer to two categories:
Inclusive of autism
The Department of Social Welfare along with the Ministry of Health uses the WHO definition for PWDs as:
"Any person unable to ensure by himself wholly or partly, the necessities of a normal individual and or social life, as a result of deficiency either congenital or not, in his physical or mental capabilities, which may have happened before or after childbirth."
Malaysia's policies and programs for the disabled are based on strategic goals of the National Welfare Policy which emphasizes on the attainment of self-reliance, equalization of opportunities for the less fortunate and fostering the spirt of mutual help and support towards enhancing the caring culture. The current position of the Government can be seen through the 2004 Budget Speech as delivered by Yab Dato Seri Dr. Mahathir Bin Mohamad, Ex-Prime Minister and Minister of Finance in September 2003 based on the theme "Building on Success, Investing for the Future".
In 1998, the Government established a national coordinating body known as the National Advisory and Consultative Council for People with Disabilities to replace the National Implementation Committee for the Well-being of the Disabled, which was formed in 1990. The Council is chaired by the Hon. Minister of National Unity and Social Development and is comprised of various related government agencies, NGOs, private sectors and interested individuals including PWDs. The main function of the Council is to coordinate the implementation of the Agenda of Action for the Asian and Pacific Decade of Disabled Persons. The Council's function, though advisory in nature, constitute a platform for the collaboration and coordination among various ministries and departments of the Government along with NGOs.
For purposes of implementing the Agenda of Action, the Council established 12 Technical Working Groups based on the twelve "Areas of Concern". Each of the working groups is headed by either the Secretary-General of the relevant ministry or by the disabled persons themselves. The Council has requested all State Governments to establish a State Advisory and Consultative Council for PWDs to ensure a comprehensive implementation of the Agenda for Action at the grass-roots level.
The Department of Social Welfare falls under the Ministry and is the primary agency handling issues for PWDs. The Department has developed its own mechanism for the collection and analysis of data and provides information to various agencies on matters relating to disability. The Department undertakes the registration of PWDs.
The Ministry of Education oversees special education programs including Special Education schools, integrated and inclusion programs. The Ministry also oversees teachers' training colleges, universities and other training schemes providing professional training for teachers involved in special education.
The Ministry is responsible for enforcing the Code of Practice of Employment of Disabled Persons in the Private Sector, which was put into effect in 2001. The Department of Labor falls under the Ministry, which is responsible for ensuring a quota of 1% of employment opportunities are allocated to PWDs, while aiding registered PWDs to be placed in employment in various sectors of the economy.
The Government is a signatory to the Proclamation on the Full Participation and Equality of People with Disabilities in the Asian Pacific Region as of May 1994. As such, the Government has placed increased emphasis on its regional cooperation and active participation in several regional activities and as such has hosted several programs including:
Representatives from the Government have attended various seminars throughout the region including the Expert Group Meeting and Seminar on an International Convention to Protect and Promote the Rights and Dignity of Persons with Disabilities held in Thailand in June 2003. Additionally, representatives attended the High-Level Intergovernmental Meeting to Conclude the Asian and Pacific Decade of Disabled Persons (1993 - 2002) in Japan.
According to Department of Statistics, information on persons with disabilities (PWDs) was first collected during the 1991 census but was confined to only three main categories of disability. The data was not published. During the 2000 census attempted to obtain a more detailed classification and included various types of disabilities. The Ministry of Welfare was involved in determining what types of information to collect. Information on PWDs is housed with the Department of Statistics and available for purchase in Malaysia and was not readily available for inclusion in this report.
A few other surveys and related data collection schemes took place and according to the Department of Social Welfare, a National Health Morbidity Survey was carried out in 1995, which included questions related to disability in order to obtain data on the prevalence of physical disability, blindness and deafness in the country. During 1996 - 1997, a Prevalence Study on Blindness was conducted in order to acquire data for the prevention and control of blindness program.
Under the Department of Social Welfare's voluntary registration scheme, the number of PWDs registered with the Department was approximately 108,000 as of June 2002.
There is no one specific piece of legislation for PWDs, however there are protections for PWDs in several pieces of legislative acts involving the rights of the disabled. Constitutionally, a disabled person may claim his/her rights under Article 8 of the Federal Constitution that guarantees equality to all persons unless conditions expressly authorized by the Constitution.
Under the Advisory and Consultative Council, a Technical Working Group on Legislation was formed and drafted the Disabled Persons Act 2002, which was submitted to the Council for endorsement. The drafted Disabled Persons Act covers areas of discrimination or unfair practices that adversely affects the rights of PWDs. It also covers any discrimination against a person simply on the grounds of disability in the areas of employment, education, housing, transportation, business undertakings, sports, recreational activities, access to public places, access to public facilities and services.
Under the Social Security Organization (SOCSO), PWDs are afforded coverage on a permanent or temporary basis. Based on the Prime Ministers Budget Speech, the following additional benefits are provided to PWDs (see Section 3.2 Government Policy and National Plan Towards Persons with Disabilities for additional information):
Improvement to access for rehabilitation services was identified as one of the priority areas in the Seventh Malaysia Plan (2001 - 2005). Basic rehabilitation services are made available in all Governmental health clinics. According to the Department of Social Welfare, there are currently 72 health clinics providing rehabilitation services for children with special needs along with 180 clinics providing rehabilitation services for the elderly throughout the country.
The Department of Social Welfare provides rehabilitation services for the disabled in order to aid the disabled to be independent and subsequently aid them to reach their maximum potential in all aspects of their lives suitable with their abilities. Services are provided through field and institutional services.
The Department provides to rehabilitate and improve the quality and standard of living of the disabled to enable them to be independent by providing rehabilitation and relevant skill training.
The Department of Social Welfare provides funding to purchase devices such as orthopaedic appliances, hearing aids and wheelchairs for those who need assistive devices but cannot afford to purchase them. Additionally, the National Welfare Foundation also maintains a special fund to aid PWDs to purchase motorized tricycles and other assistive devices.
Imported products or appliances for the use by PWDs are tax exempted. A deduction of 50% on the excise duty is provided to the physically disabled for the purchase of the national car and motorcycles.
The Bangi Industrial and Rehabilitation Centre produces prosthetic and orthetic appliances which caters to the needs of those who are unable to purchase them from private suppliers.
According to the Department of Social Welfare, there are over 260 centers providing services to over 5,700 children. Malaysia has placed greater emphasis of providing rehabilitation facilities at the local community level rather than depending on traditional institutionalized rehabilitation concepts. Community-based Rehabilitation schemes have been established since 1983.
The Government has provided an allocation of approximately RM4.2 million (US$1.1 million) for the continued operations of CBR centers. Besides financial grants to help subsidize the costs of operations, additional financial assistance is provided for the upgrading of facilities and the purchase of rehabilitation aids. Financial support involves 92 CBR centers.
The Yayasan Sultan Idris Shah Foundation provides service delivery through its multidisciplinary efforts consisting of Physiotherapy Speech Therapy, Occupational Therapy, Community Based Programs, Skills Development and Training.
The main components of rehabilitation comprises of: Treatment (medical, surgical and therapeutic); Education (public awareness and assessment of academic ability); Social integration; Economic habitation (self sufficiency, employment and engagement in small trade and businesses); Skills training and development (transfer of grass root training to caregivers; and Enrolment of children into normal schools.
The Community Based Rehabilitation practiced by YSIS not solely dependent on referrals from doctors or hospitals but through people who come to the centers for assistance or are referred by the public. Assistance for rehabilitative care through the press is also look after. The current number of registered people under the care of YSIS is 3,853.
The launch of the training courses offered in basic rehabilitation skills was provided through a team of international Swedish CBR experts, acknowledged by the WHO in CBR in 1997. An extensive two month in-house 'CBR: Training and Trainers' course at YSIS was conducted in order to train and empower YSIS staff and upgrade their standards. YSIS has provided training to staff and caregivers attached to more than 420 welfare and CBR centers throughout Malaysia with basic skills and techniques.
The first independent living workshop was held in Kuala Lumpur in August 1999. The workshop was organized by a group of disabled leaders in Malaysia in coordination with the Asia Disability Institute.
The Independent Living and Training Centre Association of Selangor and Wilayah Persekutuan (ILTC), is a non profit, non religious and non political center in Selangor. The Association is dedicated to the task of securing equal rights and opportunities for the physically impaired persons in this country by working collectively and fraternally for the socioeconomic advancement of the physically impaired person with the view of enabling them to become responsible, useful and productive citizens. ILTC is a self-help group for people with disabilities and their families
The Independent Living and Training Centre in Rawang was organized in 1999 and is operated by the disabled for the disabled. The Center has more than 60 disabled members under its care. The Independent Living and Training Centre promotes the Independent Living movement within Malaysia.
The Center promotes the opportunities of PWDs to gain more personal and political power, self-determination, full participation and equality through information, training, consultancy and technical assistance. The Center works in cooperation with other organizations which support these aims at the local and national levels including self-help groups.
The primary aims and objectives of the organization are:
The Centre offers a 3-month training program in independent living to any person with disabilities particularly those with spinal injury. Activities carried out as part of the training are as follows:
The Department of Social Welfare translated the Agenda for Action and the Revised Targets to the national language and has disseminated the translation to all related government agencies and voluntary organizations in order to facilitate the implantation of the Agenda.
The Malaysian Paralympic Council was established in 1982 to encourage sports and recreational activities amongst the disabled. The Department with the cooperation of NGOs sponsor and encourage the disabled to participate in various fields of sports and recreation. The Malaysian Paralympic Games / ASEAN Invitation are held every two years. Incentive schemes for disabled sportsmen/ women and financial rewards for champion athletes in international games are provided.
Seventeen disabled athletes recently qualified for the Athens Paralympic Games in September 2004 comprising the following sports: swimming (2), judo (3), archery (2), power-lifting (7) and fencing (1). For Siow Lee Chan, it would be her second consecutive Paralympics, after having competed successfully in the 2000 Sydney Paralympics and currently ranks 8th in the world and she achieved her personal best in the Far East and South Pacific Games for Disabled in South Korea in 2002.
According to the Department of Social Welfare, many national level self-help organizations play crucial roles in coordinating and facilitating consultation among member or affiliate organizations.
According to the United Nations Economic and Social Commission for Asia and the Pacific (ESCAP), much of service provisions for persons with learning disabilities in Malaysia are by organizations for persons with disabilities rather than of persons with disabilities. However, the organization of Dignity and Services received the Honorable Mention Recipient for the 2000 UNESCAP HRD Award for its efforts as an advocacy organization of PWDs.
Dignity and Services was established in 1991 in order to create an organization that focused on the rights of persons with learning disabilities, based on a developmental approach, rather than a charity perspective. For Dignity and Services, this meant the full participation of people with learning disabilities in the creation and implementation of programs designed to benefit them. Persons with learning disabilities are a highly disadvantaged group in Malaysian society, and among those who receive the least help compared with other marginalized groups. As an advocacy movement for, and by, persons with learning disabilities, Dignity and Services strives to assist people with learning disabilities in securing their basic rights as full citizens and as active members of their communities. To achieve this, the organization has made the formation of effective self-advocacy groups a priority in its efforts to empower people with learning disabilities.
Dignity and Services targets persons with learning disabilities as the major beneficiaries of its programs. Most of the organization's programs are implemented in urban areas. Dignity and Services has facilitated the formation of the National Council of Family Support Groups, a collective of family support groups, which provides for comprehensive national coverage of rights awareness and advocacy campaigns. Between the services that Dignity and Services provides directly to persons with learning disabilities, and the programs that are implemented through the self-help and other groups formed with its support, the organization provides information and services to approximately 3,000 people each year.
The Government's programs for people with disabilities includes women with disabilities, however there are no specific programs for women with disabilities. The Government is however, committed to the participation of women is all spheres of life and economic activity and ensures equality, empowerment and development of women to bring them on par with men in all sectors and at all levels. The Government does have specific programs and strategies for women that are provided under poverty reduction strategies and gender and development plans.
The Ministry of Health has initiated a number of comprehensive programs providing anti-natal and pre-natal care, which has been carried out as part of its disability prevention schemes. The National Program for the Prevention of Blindness and The National Iodine Deficiency Prevention Program are such examples.
The Education Act 1996 and the Education (Special Education) regulation of 1997 ensures that children with disabilities have the right to formal education. There are three types of Special Education Programs available including Special Education Schools, integrated and inclusion programs.
The Ministry of Education's policies of "Democratization of Education" and the international policy of "Education for All" acknowledges the rights of children with disabilities to quality education comparable to mainstream students. The Ministry has made primary education compulsory for all children in Malaysia, including those with disabilities.
Special Education Schools are currently available for children with hearing impairments. Three levels of education are being provided within this program, including pre-school, primary school and secondary school. In 1981, the Ministry of Education began establishing special education classes in mainstream schools and favored a more integrated program.
The Ministry of Education also initiates Integrated Programs in secondary technical/vocational schools and polytechnics for students with hearing impairments. The Ministry has also established an Early Intervention Program for children aged 5+ in special education schools for children with hearing and visual impairments in 1999. There were 19 special education schools with early intervention programs with 76 students. The program is expected to include children with mental disabilities.
The Ministry, through Teachers' training colleges, universities and other training schemes provides professional training for teachers involved in special education. As of 1995, components of special education were incorporated into the pre-service teachers' training curriculum of the Diploma Graduate Course.
According to the Ministry of Education, the particular needs of the visually and hearing impaired and those with learning difficulties are addressed within the mainstream school system. Currently, there are 283 schools in the country which are equipped with both teaching staff and facilities to help integrate these children within the general school system. However, those needing more intensive care and attention attend 31 special schools. A timeline of the Ministries progression toward education for the disabled are as follows:
The Government has issued a Circular in 1988 whereby, a quota of 1% of the employment opportunities should be allocated to PWDs. Additionally, the Government launched and implemented awareness campaigns to increase job opportunities for PWDs and from 1990 to 2001, a total of 4,017 PWDs were registered with the Labour Department and out of those registered, 2,529 were placed in employment in various sectors of the economy.
In 2001, the Ministry of Human Resources introduced the Code of Practice of Employment of Disabled Persons in the private sector. A copy of the Code of Practice was not readily available for inclusion in this report.
Three Malaysian Standards Codes of Practice on the accessibility and mobility for PWDs were introduced between 1990 and 1993, which include:
As part of the Code of Practice for Access for Disabled Persons to Public Building, the following is a summary of the important aspects of the Code:(please see Appdendix I in futher detail)
Building plans submitted to the local authority after the date of gazetting in each State must comply with it. Existing buildings must do so within three years of that date (or any extension of that grace period given), but may on application be exempted from its requirements to such an extent as the local planning authority thinks fit.
The scope of the Standard includes all buildings other than private dwelling houses, and it applies to every part of those buildings to which employees, customers, visitors and/or the public in general normally go.
The local authority is specifically empowered to exempt buildings with less than 280 square metres of floor area per level from providing access for disabled people to the upper floors, but the ground floor must be accessible to them. Also exempted are parts of any building for which "access is provided wholly or mainly for inspection, maintenance or repair of the building, its services or fixed plant or machinery".
No requirements are laid down in this Standard for the bedrooms of hotels, nor the individual units in a block of flats, though the parts of such a building which are in common use must comply. Another Standard may be drawn up in the future to lay down specifications and quotas for these, and for individual houses in developers' housing schemes.
The principal categories of disabled people for whom the Standard caters are:
In the sections which follow the requirements of each group are dealt with separately, and finally cross-indexed with reference to the Standard, which is arranged according to the different parts of the building.
The responsibility of the owner and/or occupier begins at the entrance to his property from the public street. From there he must provide a continuous and unimpeded path of travel for all the above groups to the vehicle park if any, to an entrance and from there to all floors and all parts of them not specifically exempted from compliance with the Standard.
The places to which they go within the premises must if necessary be modified to enable them to carry out the purpose for which they went there. Lifts, service counters, toilets and employees' desks are examples. When only some of a group of such facilities used by the public have been modified according to a quota, their location should be indicated by the Access Symbol and direction signs.
The Kuala Lumpur Society for the Deaf launched a E-Pekak homepage since 1996 for the easy access to information on the deaf community and services available.
The National Council for the Blind (NCBM) is a non-governmental, non-profit and tax exempt organization registered under the Societies' Act of Malaysia which was established in 1986 and comprises five organizations for the blind:
The NCBM publishes a quarterly magazine in English, The NCBM Outreach, and is distributed to friends and supporters. Additionally, the NCBM operates the Malaysian Braille Press which produces Braille materials at subsidized rates. The NCBM also operates the Blind Professional Affairs Centre with the Malaysian Association for the Blind to assist blind people in tackling issues and problems being faced by blind people wanting to enter professional fields.
In the Malaysian Five Year Development Plans, the Eighth Malaysia Plan (2001 - 2005), evolves around the holistic approach of development based on its major thrusts among others, building a resilient nation by fostering unity, inculcating the spirit of patriotism, nurturing political maturity, cultivating a more tolerant and caring society with positive values and raising the quality of life as increasing economic resilience. It also calls for further enhancing the quality of life through improving accessibility to social services whilst developing the aesthetic aspects of life. The Plan also reiterates the importance in intensifying efforts to nurture and inculcate positive values and attributes among Malaysians through the education system, civil or voluntary organizations and the media. Social services, which include social welfare services responds to the social and economic needs of those who need help and support over their life span, including the vulnerable and disadvantaged target populations namely children, adolescents, PWDs, women, the older persons and families.
According to the Eighth Malaysia Plan, reducing poverty is a primary objective of the plan. Under the Plan, Poverty Eradication is summarized in Chapter 1 - Policy Objectives and Framework as follows:
As noted in the Eighth Malaysia Plan, under Chapter 3 - Poverty Eradication and Restructuring of Society, PWDs are provided for as follows:
3.09 During the Plan period, the PPRT continued to emphasize income-generating projects that included petty trading, cottage industries, livestock and aquaculture projects and the commercial production of food crops. PPRT also provided training and improved basic amenities for the hardcore poor. During the Plan period, the Government reviewed the Amanah Saham Bumiputera (ASB)-PPRT scheme by introducing a four-year grace period for the RM5,000 interest-free loans, which allowed the hardcore poor to receive the full amount of annual dividends and bonuses. As of 30 April 2000, a total of 153,500 hardcore poor benefited from this loan scheme, which totaled RM767.2 million.
3.10 Land development agencies such as FELDA, FELCRA and RISDA, contributed to a special scheme to eradicate hardcore poverty. Under this scheme, families headed by a disabled member or senior citizen of 60 years and above, received a monthly financial assistance of RM50 per person up to a maximum of RM250 per family. A total of 7,000 families in the hardcore poverty group benefited from this scheme, with FELDA extending assistance to 5,000 families and FELCRA and RISDA each assisting 1,000 families. This scheme enabled the households to move out of the hardcore poverty group.
3.11 In addition to the PPRT, programmes spearheaded by NGOs and the private sector also contributed to the reduction of hardcore poverty. During the Plan period, Amanah Ikhtiar Malaysia (AIM) provided micro-credit financing to 22,800 poor families from the RM300 million interest-free loan allocated by the Government. The private sector and the various state-based poverty eradication foundations also intensified their efforts in providing skills training as well as in-kind and financial contributions to the poor.