A/HRC/42/47/Add.2
workplaces do not have policies that are inclusive of diversity. Furthermore, the Special
Rapporteur is concerned about the sexual harassment and violence that transgender persons
face in educational institutions. Several transgender persons recalled their experiences of
being teased by boys in the toilets during their school years. The Special Rapporteur
recommends that the Government monitor how gender inequalities in access to toilets,
including among lesbian, gay, bisexual, transgender, intersex and gender non-conforming
persons, manifest in extra-household settings (A/HRC/33/49, para. 72).
IV. Human rights to water and sanitation in policies
59.
The Special Rapporteur stresses that a human rights-based approach provides a
framework to identify the highest priorities in national water and sanitation policies and that
such a framework would take into account key issues related to people in vulnerable
situations, including questions surrounding equality, non-discrimination, participation and
access to information. In this regard, he provides an analysis of the elements that the
Government could improve in its policy considerations, aiming at accelerating the
progressive realization of the human rights to water and sanitation.
A.
Monitoring
60.
Apart from the largest groups of Bumiputera, Chinese and Indians, Malaysia is
home to a number of minorities and indigenous peoples, including the Negrito, the Senoi
and the Proto-Malay in Peninsular Malaysia, the Kadazan Dusun, the Bajau and the Murut
mainly in Sabah, and the Iban, the Bidayuh, the Melanau and the Orang Ulu predominantly
in Sarawak. During his two-week visit, the Special Rapporteur had the pleasure of
interacting with people from different ethnicities and indigenous peoples.
61.
During the meetings with government representatives, many said that there were no
data available to answer several of the questions related to the disparities in access to
adequate services by specific groups. It is essential that the Government take urgent action
to collect adequate data that would allow disaggregation of data on access to water and
sanitation services by relevant groups, particularly based on race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth, wealth or other
status. The Special Rapporteur wishes to emphasize that States are under an immediate
obligation to implement a national plan of action to realize the human rights to safe
drinking water and sanitation in full, utilizing indicators and benchmarks to monitor and
report on their progress. Collection of sufficient and reliable data on children, disaggregated
to enable identification of discrimination and/or disparities in the realization of rights, is an
essential part of implementation.7 The policy should provide for mechanisms that collect
relevant sex-disaggregated data, enable effective monitoring, facilitate continuing
evaluation and allow for the revision or supplementation of existing measures and the
identification of any new measures that may be appropriate.8
62.
There is also a lack of information or data collected by the Government regarding
the enjoyment of the human rights to water and sanitation by asylum seekers and refugees.
Those groups have generally been excluded from the development agenda of Malaysia,
including from discussions on the development of the country’s road map on the
Sustainable Development Goals, as well as the resulting targets and policies. The Special
Rapporteur urges the Government to start a baseline survey in order to improve the
availability of data on those affected by statelessness in East Malaysia, including the Bajau
Laut and various minority indigenous peoples.
7
8
14
Committee on the Rights of the Child, general comment No. 5 (2003) on general measures of
implementation of the Convention, para. 48.
Committee on the Elimination of Discrimination against Women, general recommendation No. 28
(2010) on the core obligations of States parties under article 2 of the Convention, para. 28.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents