Public service constraints affect victims' access to justice, says PMD officer

Constraints faced by public servants remain a hindrance to the proper execution of laws, policies, and actions aimed at ensuring victims receive proper access to justice, said a representative of the Legal Affairs Division under the Prime Minister’s Department.

According to the division’s deputy director-general (policy and development), Punitha Silivarajoo, the “devil is in the implementation” of victim-centric measures, considering the obstacles faced by those in enforcement and legal sectors.

Noting that the Finance Ministry itself faces “difficult decisions” when considering budget requests submitted by ministries, Punitha (above, far left) said those working behind the scenes on legislative processes for reformative laws are also a limited workforce.

“Even at the Attorney-General’s Chambers’ (AGC) drafting division, they sometimes say that they don’t have enough people (to) draft the many laws that are coming up.

“Sometimes I feel sorry for them because they come to work during the weekends - I’m not an AGC officer, but I see that happening,” she said yesterday while speaking as a panellist at a symposium on legislative reform for women’s rights.

Organised by the Malaysian Bar in collaboration with Suhakam and the All-Party Parliamentary Group Malaysia on Gender Equality, the two-day symposium ending yesterday provided a platform for speakers to share knowledge and examine key women’s rights issues in Malaysia.

Also, on the panel with Punitha during the session on access to justice for women and girls were former Malaysian Bar president Karen Cheah and Suhakam commissioner on gender Melissa Akhir.

Govt’s predicament

Commenting on the implementation of rules established with a victims’ perspective in mind, Punitha said training police officers to handle certain cases, such as those involving the offence of stalking, is another aspect that must be considered during talks on justice accessibility.

Referring to legal amendments which decriminalised attempted suicide in Malaysia, Punitha highlighted that the implementation of the matter required the involvement of various agencies, including the police and the Health Ministry.

“I think that’s where the issue is - there is a lack of understanding and speaking with each other. Every government agency has its own portfolio, and they handle their own stuff, (so) when you give them additional things to do, it becomes a bit difficult for them to cope.

“Everyone needs to work together. Please understand our predicament in the government - it’s not that easy, but we try our best,” she added.

Pointing to the Convention on the Elimination of All Forms of Discrimination against Women (Cedaw), which Malaysia ratified in August 1995, Punitha stressed that beyond signing treaties, domestic laws must be adapted in line with the treaties as ratification alone is insufficient.

“We’re very good at signing treaties, but how do you internalise them to local settings? If you don’t amend your local laws (and) develop more laws that will actually match the treaties…then it’s ineffective.

“If all of us in the government can come together to understand how we can build on treaties like this (to) embed them in our policies and laws, then we’re good to go. You don’t have to wait 10 years to get things done,” she said.

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