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	<title>SALWA &#124; Sabah Muslim Women Lawyers Association</title>
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	<description>Persatuan Peguam Wanita Muslim Sabah</description>
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		<title>Seminar Hak Asasi Wanita</title>
		<link>http://salwa.my/?p=26</link>
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		<pubDate>Thu, 07 Oct 2010 03:18:15 +0000</pubDate>
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				<category><![CDATA[Events]]></category>
		<category><![CDATA[Seminar Hak Asasi Wanita]]></category>

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		<description><![CDATA[Seminar Hak Asasi Wanita  akan diadakan di Dewan Resital, Universiti Malaysia Sabah, pada 27 Oktober 2010 (Rabu), dari jam 8.00 pagi hingga 4.30 petang.  Seminar ini adalah anjuran bersama Unit Hal Ehwal Islam dan Masjid (UHEIM) UMS, Kelab Suri Rumah dan Staff Wanita UMS (Kesumba) dan Sabah Muslim Women Lawyers Association (SALWA]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;"><strong>Seminar Hak Asasi Wanita</strong> akan diadakan di Dewan Resital, Universiti Malaysia Sabah, pada 27 Oktober 2010 (Rabu), dari jam 8.00 pagi hingga 4.30 petang.&nbsp; Seminar ini adalah anjuran bersama <em>Unit Hal Ehwal Islam dan Masjid (UHEIM) UMS</em>, <em>Kelab Suri Rumah dan Staff Wanita UMS (Kesumba)</em> dan <strong>Sabah Muslim Women Lawyers Association (SALWA)</strong>.<span id="more-26"></span></p>
<p>	Antara topik-topik yang akan dibincangkan adalah:<br />
	1. Hak-Hak Wanita Dalam Perundangan Sivil dan Syariah<br />
	2. Ketelusan dan Hak-Hak Wanita Dalam Perundang Sivil dan Syariah<br />
	3. Keganasan Rumahtangga dan Isu Sosial (Isu Pengguguran dan Pembuangan Bayi)<br />
	</span></p>
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		<title>Women&#8217;s Aspirations Noted: CM</title>
		<link>http://salwa.my/?p=55</link>
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		<pubDate>Wed, 25 Aug 2010 07:32:32 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[SALWA News]]></category>
		<category><![CDATA[Women News]]></category>
		<category><![CDATA[2007 Tokoh Wanita Award]]></category>
		<category><![CDATA[Excellent Women Organisation Award]]></category>
		<category><![CDATA[Women in Excellence Award]]></category>
		<category><![CDATA[Women's Day]]></category>

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		<description><![CDATA[The State Government is aware of the demand for greater women participation  in decision-making at all levels. Chief Minister Datuk Seri Musa Hj Aman said Monday such demand had been made by women from the Sabah Women's Advisory Council (MPWS), political bodies and women non-governmental organisations (NGOs).]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;"><a href="http://salwa.my/wp-content/uploads/2010/10/Salwa-Award.jpg"><img align="left" alt="2007 Excellent Women Organisation Award" class="alignleft size-full wp-image-58" height="109" hspace="5" src="http://salwa.my/wp-content/uploads/2010/10/Salwa-Award.jpg" title="2007 Excellent Women Organisation Award" vspace="5" width="250" /></a><span style="font-family: trebuchet ms,helvetica,sans-serif;"><strong>Kota Kinabalu</strong>: The State Government is aware of the <u>demand for greater women participation</u> in decision-making at all levels. Chief Minister Datuk Seri Musa Hj Aman said Monday such demand had been made by women from the <strong>Sabah Women&#39;s Advisory Council (MPWS)</strong>, political bodies and women non-governmental organisations (NGOs).</span><span style="font-family: trebuchet ms,helvetica,sans-serif;"></p>
<p>	&quot;<em>The Government has actually taken the necessary <u>measures to increase women&#39;s participation</u> in decision-making roles towards achieving the 30 per cent target. Today, positive changes are tangible in terms of women&#39;s participation in decision-making in the public sector</em>,&quot; he said when officiating at the 2007 State-level <strong>Women&#39;s Day</strong> celebration at Magellan Sutera Hotel.<span id="more-55"></span></p>
<p>	According to Musa, <strong>three women have been appointed to the Jawatan Utama Sektor Awam Grade (Jusa) </strong>or <strong>Premier Grade in the Public Sector </strong>compared with zero appointment at one stage in the past. &quot;<em>I am happy with positive developments relating to women&#39;s achievement in the State where they are promoted to important positions at Ministry or department level. This is testimony of the Government&#39;s commitment to meeting the 30 per cent target for women&#39;s involvement in decision-making</em>&quot;.</p>
<p>	&quot;<em>Currently, there are <u>two women holding the post of Ministry Permanent Secretary</u>. Beginning 2005, women were also given the opportunity to be appointed Deputy State Secretary,</em>&quot; he said. Musa, however, conceded that the target has yet to be achieved. About 1,000 people attended the celebration, culminating in the presentation of the<strong> 2007 Tokoh Wanita Award</strong>, <strong>Women in Excellence Award </strong>and <strong>Excellent Women Organisation Award</strong> (See separate story).</p>
<p>	Also present were Musa&#39;s wife, <em>Datin Hjh Faridah Hj Tussin</em>, Deputy Chief Minister cum Minister of Community Development &amp; Consumer Affairs, <em>Datuk Hj Yahya Hussin</em>, Minister of Tourism, Culture and Environment, <em>Datuk Masidi Manjun</em>, Deputy State Secretary, <em>Maznah Ghani</em>,<em> Mayor Datuk Iliyas Ibrahim</em> and their spouses.</p>
<p>	Musa said this year&#39;s<strong> Women&#39;s Day is all the more significant </strong>as it coincided with the 50th anniversary of Malaysia&#39;s Independence Day. Musa said the progress achieved by the country is the<em> &quot;fruit&quot; </em>of the people&#39;s effort in maintaining peace and harmony throughout the period. &quot;<em>In reality, women have also contributed to the nation&#39;s success in generating economic progress and prosperity over five decades</em>.&quot;</p>
<p>	He acknowledged the role played by women in contributing to national development even before independence. &quot;<em>In fact, women who are ready to make sacrifices for the country, were involved in the struggle for independence&Eacute;they have continued to play their part, alongside their male counterparts, until today</em>.&quot;</p>
<p>	Musa said this year&#39;s Women&#39;s Day theme &#8211; <strong>Women: Heart of the Nation</strong> &#8211; is most apt as many women have been prime movers in the country&#39;s development. &quot;<em>With this realisation, the Government is set to <u>upgrade women&#39;s status</u> to enable them to continue contributing to Malaysia&#39;s socio-economic development, particularly under the Ninth Malaysia Plan (9MP). The theme is a manifestation of women&#39;s vital role as a contributor to mainstream development</em>&quot;.</p>
<p>	Musa paid tribute to MPWS which has remained the platform for women development in the State since its inception in August 1988. &quot;<em>Although its leadership has changed hands, the Council&#39;s objectives and &#39;struggle for women&#39; agenda are perpetuated to ensure that women&#39;s rights and interests are safeguarded</em>.&quot;</p>
<p>	MPWS through strong partnership with women non-governmental organisations (NGOs) has successfully organised numerous programmes for the overall betterment of women and career advancement.</p>
<p>	The Chief Minister also noted that the role played by MPWS and the<strong> Women and Family Development Council (MPWK) </strong>at state and parliamentary constituency levels is boosted by women&#39;s wings of political parties and women NGOs.</p>
<p>	&quot;<em>You also have the support of the <strong>Sabah Women&#39;s Affairs Department (JHEWA)</strong> which acts as the secretariat to MPWS and MPWK. I am aware that Sabah women are not left out from the mainstream of development as these organisations are active in organising various development programmes in line with the progress at national leve</em>l,&quot; he said. JHEWA is headed by<em> Hj Siti Sapoo Hj Ahok</em>.</p>
<p>	Earlier, in her address, MPWS Chairperson <em>Datin Asnimar Hj Sukardi </em>said <strong>women are truly the<em> &quot;heart&quot;</em> of the nation</strong>. &quot;<em>Women are no longer mere &#39;window dressing&#39; but play a major role in national development by complementing efforts in this direction.</em>&quot;</p>
<p>	She said this was reflected in the country&#39;s workforce comprising 36 per cent women, while in Sabah, women&#39;s participation in the labour market is almost 32 per cent. &quot;<em>Likewise, we have 48 per cent registered women voters in Sabah, making them a force to be reckoned with</em>.&quot;</p>
<p>	In addition, she said, many housewives today are more than just homemakers in that they have widened their role to supplement the family&#39;s income, thus contributing to the nation&#39;s economy. &quot;<em>Enterprising women have also emerged from their cottage industries to manage big businesses or set up their own industries</em>.&quot;</p>
<p>	(Story C) <u>BERNADATE Annol @ Norhanida</u>, 57, a single mother of three, walked away with the<strong> 2007 Women of Excellence Award </strong>which carries a trophy, a gold brooch and a certificate of appreciation. &quot;<em>I am thankful to the Government, MPWS, women&#39;s organisations, my family and friends for their support and confidence in my role</em>,&quot; she said.</p>
<p>	She singlehandedly raised three children &#8211; Ivan Roger, Nurul Aniza and Mohd Hazli. Success stories as told by the trio proved that their mother is no mean achiever. Ivan has a <strong>diploma in Business Studies </strong>while Nurul (Sabah&#39;s 2002 Queen&#39;s Guide) is pursuing <strong>tertiary education at UiTM</strong> and Mohd Hazli is <strong>studying at Monash University, Sunway </strong>under the sponsorship of Petronas.</p>
<p>	Hazli has so far won two awards: <strong>Hopeful Generation Award (2005) </strong>in conjunction with the State-level Women&#39;s Day celebration and <strong>Anugerah Tokoh Remaja 2007 </strong>presented by the State Ministry of Youth and Sports.</p>
<p>	Born in Penampang, Norhanida began her working career as a trained teacher in 1971. In 1976, she was appointed a lecturer at Gaya Teachers Training College. Upon retirement in 2006, she became a part-time lecturer at Unitar.</p>
<p>	Presently, she is the Chairperson of SM La Salle Parent-Teacher Association (PTA). Norhanida is also actively involved in the Girl Guides Association of Malaysia (GGAM) Sabah Branch as a trainer, West Coast Sabah Single Mothers Association as Deputy Chairperson and Pacos (Partners in Community Organisations) as a trainer-cum-administrative personnel. In 2006, she served as an executive committee member of Desanita (Rural Women Development Organisation).</p>
<p>	Norhanida takes part in community service projects benefiting<em> Seri Mengasih Centre</em>, <em>Sekolah Taman Seri Puteri, Sri Pritchard Old Folks Home, Tambunan Orphanage, Sabah Society for the Blind and Sabah Family Planning Association</em>.</p>
<p>	THE <strong>2007 Excellent Women Organisation Award</strong> went to the <strong>Sabah Muslim Women Lawyers Association (Salwa) </strong>headed by Noor Azah Abd Rahman. It received a trophy, a cheque for RM2,500 and a certificate of appreciation. Since its inception in September 2001, the<strong> association has been active in enlightening Muslim women on their legal rights.</strong> &quot;<em>We voluntarily assist women who face problems in civil or Syariah cases by meeting them or through discussions in seminars or relevant publications in the mass media</em>,&quot; she said.</p>
<p>	Apart from its proposal on the codification of Syariah cases, <strong>Salwa has compiled a guidebook on questions and answers pertaining to Muslim Family Law. </strong>It also played a role in<u> proposing amendments to the Islamic Family Law Enactment 2004</u>.</p>
<p>	According to Noor Azah, <strong>Salwa was involved too in the legal literacy programme</strong> organised by the<em> Women and Family Development Council (MPWK)</em>, parliamentary constituencies throughout<em> Aabah and Kesumba, Universiti Malaysia Sabah (UMS)</em>. Other activities include a programme with RTM Sabah (Salwa in Rampai Suri Segment) and the <strong>Legal Aid Clinic at Masjid Nurul Hikmah Bukit Padang, KK</strong>.</span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">Reported by <a href="http://www.dailyexpress.com.my/news.cfm?NewsID=52618" target="_blank">DAILY EXPRESS</a> on 11th September 2007<br />
	</span><span style="font-family: trebuchet ms,helvetica,sans-serif;"><br />
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		<title>SALWA’s Press Release on the case of Nurin Jazlin Jazimin</title>
		<link>http://salwa.my/?p=44</link>
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		<pubDate>Tue, 24 Aug 2010 07:59:16 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Press Release]]></category>
		<category><![CDATA[Child Act 2001]]></category>
		<category><![CDATA[Nurin Jazlin Jazimin]]></category>

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		<description><![CDATA[The Association also expressed its sadness over the tragic death of Nurin Jazlin Jazimin. According to Puan Noor Azah, losing a child of tender years is a tragedy by itself and the pain and suffering endured by the late Nurin was something that should never be repeated.]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">The <strong>Sabah Muslim Women Lawyers Association (SALWA)</strong> hopes that with the coming into effect of the <strong>Penal Code (Amendment) Act 2006</strong> on the 7th September 2007,<u> convicted repist will be sentenced to death</u>.&nbsp; According to it&rsquo;s President <em>Puan Noor Azah Abdul Rahman</em>, under Section 376(4) of the newly enforced section, whoever whilst committing or attempting to commit rape caused the death of the victim shall be punished either with death or imprisonment of between 15 to 30 years.&nbsp; In addition, a mandatory whipping of not less then ten strokes is also to be meted out.</p>
<p>	The Association also <strong>expressed its sadness over the tragic death of Nurin Jazlin Jazimin</strong>. According to Puan Noor Azah, losing a child of tender years is a tragedy by itself and the <u>pain and suffering endured by the late Nurin was something that should never be repeated</u>.&nbsp; According to her, unless Nurin was raped, her case will be covered by <strong>Section 377 CA of the Penal Code</strong> which states that any person who has sexual connection with another person by introducing any object into the vagina or anus shall be punished with imprisonment up to twenty years and whipping.&nbsp; However, as in this case, a death was caused, a murder charge should also be considered as any act which is done with the intention of causing bodily injury which is sufficient in the ordinary course of nature cause death can be classified as murder.<span id="more-44"></span></p>
<p>	Puan Noor Azah also said that under<strong> Hukum Syarak</strong>, it is acknowledged that <u>murder is considered a great sin</u> and punishable with<strong> Qisas </strong>which means equality or equitable retaliation (for the murder already committed).&nbsp; The treatment for the criminal should be the same as his horrible act that is his life should be taken just as he took the life of his fellowman.</p>
<p>	In <strong>Surah Bani Israel Allah</strong> says &ldquo;<em>do not kill a soul which Allah has made sacred except through the due process of law</em>&rdquo;.&nbsp; It is not merely the life of a grown up person, even the life of a child or even an unborn child must not be taken under any pretest whatsoever.&nbsp; The crime of committing murder is so heinous that the criminal after getting his punishment still goes to hell and becomes an object of anger and curse of Allah.</p>
<p>	In another <em>Qur&rsquo;anic</em> verse, Allah says &ldquo;<em>we ordained therein for them :&nbsp; Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth and wounds equal for equal&hellip;</em>&rdquo; (<strong>Surah Al-Ma&rsquo;idah :45</strong>)</p>
<p>	On the proposal that <u>parents of victims should be charged</u> under the <strong>Child Act 2001</strong>, <strong>SALWA is of the view that this should only be in clear and obvious cases of negligent</strong>.&nbsp; The better <u>alternative would be to educate parents </u>on their obligations under the said Act and to increase awareness between neighbours. </p>
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		<title>SALWA Welcomes New Provision On &#8216;Marital Rape&#8217;</title>
		<link>http://salwa.my/?p=42</link>
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		<pubDate>Fri, 20 Aug 2010 07:50:31 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[SALWA News]]></category>
		<category><![CDATA[Women News]]></category>
		<category><![CDATA[Marital Rape]]></category>
		<category><![CDATA[Penal Code]]></category>
		<category><![CDATA[Sabah Family Law Enactment]]></category>

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		<description><![CDATA[The Sabah Muslim Women Lawyers' Association (Salwa) has welcomed the new provision under Section 375A of the Penal Code which punishes a husband who subjects his wife to mental injury, including fear of death for the intention of sex. ]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;"><strong>Kota Kinabalu</strong>: The <strong>Sabah Muslim Women Lawyers&#39; Association (Salwa) </strong>has welcomed the new provision under<strong> Section 375A of the Penal Code</strong> which <u>punishes a husband who</u> subjects his wife to mental injury, including fear of death <u>for the intention of sex</u>. </span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">&quot;<em>Although the term &#39;<strong>marital rape</strong>&#39; is not mentioned in the amended Section, it made it an offence for a husband to cause hurt, physical or mental injury,</em>&quot; said Salwa President<em> Fatmah Wattie Abu Bakar</em>.&nbsp; She said Salwa endorsed <strong>Home Affairs Minister</strong> <em>Datuk Seri Radzi Sheikh Ahmad</em>&#39;s view that it goes a step further. Since the word <em>&#39;rape&#39;</em> is not used, there is therefore <u>no need for the prosecution to prove penetration to effect sexual intercourse</u>. (There must be penetration for the offence to be classified as rape.) </span><span id="more-42"></span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">&quot;<em>What is important is the <u>impact or the legal implication </u>of this new provision and not the term</em>,&quot; she said. The accused husband can be jailed up to five years if found guilty. She felt the <u>provision would protect wives</u> who are subjected to domestic violence and sexually abused by their husbands.&nbsp; &quot;T<em>hey are often coerced into sex or unable to refuse because of threat of physical violence, financial dependence on their husbands and fear for their own safety and that of their children</em>.&quot; </span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">According to her, <strong>Salwa does not find objectionable the five years&#39; maximum sentence</strong>, as it was reasonable and would enable rehabilitation for couples who may want to stay married. &quot;<em>We hope there is a provision for mandatory counselling for the offending spouse. He should be made aware of the confines of acceptable behaviour in a marriage. One of the ultimate objectives of Syariah is to protect human dignity. Marriage in Islam is based on the principles of <strong>mawwaddah wa rahmah </strong>i.e.<strong> love and mercy </strong>as provided for in the Quran</em>.&quot; </span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">&quot;From the Islamic legal point of view, the <strong>Sabah Family Law Enactment </strong>2004 makes it an offence for failure to give proper justice to wife. Section 129 of the Enactment provides a fine not exceeding RM1,000 or with imprisonment not exceeding six months or both. Section 128 of the same provides similar penalty for ill treatment of wife. </span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">&quot;<em>Cruelty i.e. habitually assaulting the wife or making her life miserable by cruelty or conduct is one of the grounds for divorce by fasakh (dissolution of marriage) under Section 53 of the said Enactment</em>.&quot; </p>
<p>	Reported by DAILY EXPRESS on 29th July 2006<br />
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		<title>Women Leaders Outraged</title>
		<link>http://salwa.my/?p=53</link>
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		<pubDate>Wed, 18 Aug 2010 13:24:33 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Women News]]></category>
		<category><![CDATA[Women Issues]]></category>

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		<description><![CDATA[ Several Sabah women leaders on Sunday demanded a public apology from Kota Kinabalu Umno pro tem head, Haji Roselan Johar Mohamed, and asked him to retract his “outrageous” remarks about rape victims which they feel are an insult to women’s intelligence. ]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;"><strong>Kota Kinabalu</strong>: Several Sabah women leaders on Sunday <u>demanded a public apology</u> from Kota Kinabalu Umno pro tem head, Haji Roselan Johar Mohamed, and asked him to retract his <em>&ldquo;outrageous&rdquo; </em>remarks about rape victims which they feel are an insult to women&rsquo;s intelligence. </span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">While closing the <strong>&ldquo;Legal Literacy Seminar&rdquo; </strong>for Women on Saturday, Roselan had remarked, among others, that <strong>&ldquo;If you cannot fight rape, better lay down and enjoy it.&rdquo;</strong>. He also proposed that when a victim lodges a police report on rape, the doctor must carry out a psychological examination on the victim as to what extent she enjoyed it. <span id="more-53"></span></span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">The seminar, held at Wisma SESB here, was jointly organised by the Kota Kinabalu Parliamentary Constituency-level Women, Family and Community Development Council and the Kota Kinabalu Handicraft Traders Association. </span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">Deputy Minister of Housing and Local Government, <em>Datuk Hjh Azizah Mohd Dun</em>, said she felt disgusted by the remarks.&nbsp; Calling on Roselan to retract his statement, she said it was in bad taste and revolting not only to women but also to society at large. <br />
	&ldquo;<em>We want him to apologise to the women in Sabah. Even old women and children get raped. Don&rsquo;t tell me the child enjoys it as she is innocent and does not even know what it is all about</em>. <em>He (Roselan) is insensitive to women&rsquo;s sentiments about rape, especially rape victims, despite the fact that he has a mother, a wife (and daughter?).</em>&rdquo; </span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">Azizah, who is also Umno Beaufort Division Wanita Chief, noted that the country&rsquo;s leadership has condemned rape as a heinous crime.&nbsp; &ldquo;<em>But here we have someone who is making light of the victims&rsquo; ordeal.</em>&rdquo;&nbsp; Assistant Minister of Community Development and Consumer Affairs,<em> Jornah Mozihim</em>, said it would be appropriate for <u>Roselan to make an apology</u> in the media because he has hurt the feelings of women in Sabah. </span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">&ldquo;<em>It&rsquo;s totally wrong and disgusting&#8230;he has no compassion for the victims. It is most unbecoming of him as a political leader. As a guest of honour, he should be supportive of the organisers&rsquo; efforts. Instead, his utterances have, in a way, nullified their noble intention. &ldquo;What is there to enjoy? It&rsquo;s a case of rape cum murder in many instances.</em>&rdquo;&nbsp; Jornah described <u>rape as a violation of women&rsquo;s fundamental rights and the basic principle of life</u>. </span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">&ldquo;<em>Sexual offences have reached an alarming stage in the country. Such unpardonable crime has received condemnation from the Prime Minister who advocates capital punishment for perpetrators who cause the death of their victims, especially children. Apparently, Roselan is not conforming to national efforts to combat violent crimes against women and children</em>.&rdquo; </span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">She, meanwhile, reminded single mothers who remarry, to be concerned for their daughters&rsquo; safety and not to compromise it. &ldquo;<em>It is common to hear of stepfathers raping stepdaughters, not to mention fathers ravaging their own &lsquo;flesh and blood&rsquo;</em>.&rdquo;&nbsp; Sabah Umno Wanita Chief, Datuk Dayang Mahani Tun Pengiran Ahmad Raffae, also called on Roselan to retract his statement. &ldquo;<em>Knowing him personally, I am disappointed over his statement if what was published had really happened. I respect the walkout staged by several speakers from the Sabah Muslim Women Lawyers Association (Salwa) in displaying their feelings over Roselan&rsquo;s remarks,</em>&rdquo; she said when contacted Sunday. </span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">Describing rape as a forced action against the person&rsquo;s will, Mahani asked: &ldquo;<em>If a grandfather rapes his grandchild and a father rapes his daughter, does his remark imply that both the grandchild and daughter who are rape victims, enjoyed the intercourse</em>? <em>Of course, his uncalled-for remarks were a big insult. As right-thinking citizens, we should be giving moral support and protection to rape victims, and sympathising with them, instead of poking fun against them.</em>&rdquo;</span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">She stressed that rape cases are severe and affect the victims&rsquo; lives, adding that some would suffer nightmares, phobia and even go insane. &ldquo;<em>Rape issues should not be a topic of joke to play around.</em>&rdquo; <br />
	</span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">Sabah Puteri Umno Chief, <em>Rosnah Hj Rashid Shirlin</em>, said Roselan&rsquo;s utterances were most unwelcome and did not reflect the views of Umno as a whole. &ldquo;<em>Sabah Puteri Umno certainly do not subscribe to his viewpoint. He may have uttered it as a joke, but no, we don&rsquo;t think it is funny.</em>&rdquo; According to her, the organisation has been consistent in its tough stand against rape as a despicable crime. &ldquo;<em>In our fight against its incidence all this while, we have made a clarion call to denounce rape outright.</em>&rdquo; </span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">President of Pewasa (Sabah Women&rsquo;s Organisation), Datuk Hjh Zahra Ismail, found the statement <strong>&ldquo;shocking&rdquo;</strong>. &ldquo;<em>Rape involves physical force and threats. In fact, in all rape situations, women are threatened, humiliated and violated, so it makes no sense to think that any rape victim would enjoy such an experience,</em>&rdquo; she pointed out. She contended that <em>&ldquo;silence&rdquo;</em> would <u>indicate consent by the victim</u> and the assailant would go scot-free after the incident with no end in sight to the crime. &ldquo;<em>Rape causes extreme emotional distress in that the victims often feel unsafe and powerless, and lose faith in society. We do not want this crime to happen to any women be it our friends, family members or the community</em>.&rdquo; </span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;"><u>Women were advised to be equipped with skills</u> as best they can and even secure any kind of equipment or gadgets for self-protection. </span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;"><u>Reported</u>: in DAILY EXPRESS on 24th May 2004</p>
<p>	</span></p>
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		<title>Domestic Violence Law Applies To All</title>
		<link>http://salwa.my/?p=39</link>
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		<pubDate>Tue, 17 Aug 2010 07:40:06 +0000</pubDate>
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				<category><![CDATA[SALWA News]]></category>
		<category><![CDATA[Women News]]></category>
		<category><![CDATA[Domestic Violence]]></category>
		<category><![CDATA[Domestic Violence Act]]></category>
		<category><![CDATA[Mu’taah]]></category>
		<category><![CDATA[Sabah Muslim Family Law Enactment]]></category>
		<category><![CDATA[Seminar On Legal Literacy]]></category>
		<category><![CDATA[State Islamic Affairs Department]]></category>
		<category><![CDATA[Welfare Services Department]]></category>

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		<description><![CDATA[Kota Kinabalu: The Domestic Violence Act (DVA) 1994 provides protection to all spouses regardless of their gender and religious inclination. Sabah Muslim Women Lawyers Association (Salwa) President, Fatmah Wattie Haji Abu Bakar, said these included husbands abused or subjected to abuse by their violent wives. She said this in response to a question from a [...]]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;"><strong>Kota Kinabalu</strong>: <strong>The Domestic Violence Act (DVA) 1994</strong> provides protection to all spouses regardless of their gender and religious inclination. S<strong>abah Muslim Women Lawyers Association (Salwa)</strong> President, <em>Fatmah Wattie Haji Abu Bakar</em>, said these <u>included husbands abused or subjected to abuse by their violent wives</u>. She said this in response to a question from a male participant in a one-day seminar on legal literacy, in Beaufort, recently. </span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">About 100 people, including several men, attended the seminar organised by the <em>Women and Family Development Council of the Sipitang</em> parliamentary constituency. <br />
	Fatmah was the first to present a working paper on the <em>Domestic Violence Act</em>. </span><span id="more-39"></span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">&ldquo;<em>There is a <u>public misconception</u> that the DVA applies to only female victims. In fact, it also applies to men. <u>There is no gender discrimination in the Act</u>. Male victims can get the same protection as women, as stipulated in the provisions of the DVA,</em>&rdquo; said Fatmah.&nbsp; She explained that the <strong>misconception arose because women were noted to be the most common victims </strong>of such cases. </span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">&ldquo;<em><u>Male victims can follow the procedures</u> as stated in the DVA <u>if they are physically abused by their wives</u>. They can also apply for an Interim Protection Order (IPO) from the Magistrate&rsquo;s Court to protect them from their abusive wives</em>,&rdquo; she further explained. </span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">She said Section 4 of the DVA provides for an order issued by the Magistrate&rsquo;s Court to prevent the perpetrators from causing further harm to the victims. &ldquo;<em>No doubt there have been cases of men suffering from domestic violence but only a few cases were reported</em>.&rdquo; </span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">On cases of <em>&ldquo;queen control&rdquo;</em>, Fatmah said the <u>male victims could lodge a report</u> to the <strong>Welfare Services Department</strong> seeking counselling, as provided for under the Act, as there is<u> no provision for this under the Penal Code</u>. </span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">&ldquo;<em>Section 11 of the DVA states that the <u>Magistrate&rsquo;s Court is empowered to issue an additional order</u>, besides the IPO, to place the victim and the perpetrator under counselling, including arbitration, rehabilitation and physiotherapy, whichever is suitable for them, on a case by case basis. Then the Welfare Services Department will appoint a qualified matrimonial counsellor to advise them</em>,&rdquo; she said. </span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">For Muslim husbands, Fatmah said they have the <u>alternative of seeking counselling</u> from the <strong>State Islamic Affairs Department (JHEAINS)</strong>. Or they could ask their spouses to be charged under Section 134 of the <strong>Sabah Muslim Family Law Enactment (EUKINS) 1992</strong>, which provides for a fine of up to RM1,000 or up to six months&rsquo; jail, or both, upon conviction. </span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">To date, no such cases have been reported in the State but Muslim husbands who are victims of domestic violence would commonly use it as a cause or grounds for divorce in a<strong> mu&rsquo;taah</strong> case. &ldquo;<em>This kind of cases often happen in a hearing of a mu&rsquo;taah divorce case where the husband would present his reason of being abused by the wife as the cause for a divorce, to avoid penalty from the Syariah Court,</em>&rdquo; she said. </span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">In a <strong>Mu&rsquo;taah </strong>case, a Muslim wife could <u>apply for a monetary claim or compensatory payment</u> from the husband who has divorced her for no reason at all, such as divorcing through SMS via cellular phone. Meanwhile, the female participants of the seminar unanimously urged the Government to impose a heavier penalty for breaching the IPO.&nbsp; At present, Section 8 of DVA provides for a maximum fine of RM2,000 or up to six months&rsquo; jail, or both, upon conviction, for those breaching the IPO. In a case where it involves physical abuse to the victim, the Section provides for a maximum fine of RM4,000 or one year&rsquo;s jail, or both, upon conviction. For subsequent breach of the IPO, Fatmah said the perpetrator could be jailed between 72 hours and two years or fined RM5,000, or both, upon conviction.<br />
	</span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;"><u>Reported</u> by DAILY EXPRESS on 6th January 2004</span></p>
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		<title>Don&#8217;t Leave Women Out In Election, Says Group</title>
		<link>http://salwa.my/?p=52</link>
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		<pubDate>Sun, 08 Aug 2010 07:55:53 +0000</pubDate>
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				<category><![CDATA[SALWA News]]></category>
		<category><![CDATA[Women News]]></category>
		<category><![CDATA[Committee on Women?s Issues]]></category>
		<category><![CDATA[Domestic Violence Act]]></category>
		<category><![CDATA[Memorandum]]></category>

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		<description><![CDATA[A Joint Action Committee on Women?s Issues is appealing to all potential candidates in the coming election to include women issues in their manifesto  or election agenda. In the same breath, they are also asking State leaders to fulfil their commitment at State level, as articulated by the Federal Government in the National Women Policy 1989, the 6th Malaysia Plan as well as all other international conventions and action plans committed to women.]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;"><strong>Kota Kinabalu</strong>: A <strong>Joint Action Committee on Women?s</strong> <strong>Issues</strong> is appealing to all potential candidates in the coming election to <u>include women issues in their manifesto</u> or election agenda. In the same breath, they are also asking State leaders to fulfil their commitment at State level, as articulated by the Federal Government in the<strong> National Women Policy 1989</strong>, the<strong> 6th Malaysia Plan</strong> as well as all other international conventions and action plans committed to women.</p>
<p>	&quot;?<em><u>Women make half of the electorate</u>, hence we are taking advantage of the current political climate to bring these issues to the fore again</em>&quot;,? said <strong>Mary Lee</strong>, <em>President of the Sabah Women Action Resource Group (SAWO)</em>, which is one of the 12 organisations in the committee, during a press conference Monday.<span id="more-52"></span><br />
	The other organisations are the <em>Single Mothers? Association, West Coast South, Secretaries Association Sabah, Sabah Nurses Association (SANA), KK Chinese Women Association, Bahai Office for the Advancement of Women (BOAW), Sabah Girl Guides Association, Good Shepherd Sisters, Beaufort Chinese Women Association, Kudat Chinese Women Association, KK Hakka Association (Women Section) and <strong>Sabah Muslim Women Lawyers Association (SALWA)</strong></em>.</p>
<p>	?We are disappointed and frustrated that<strong> after more than a decade, women are still struggling with the same problems</strong> and issues that galvanised women?s groups throughout the country to launch the <strong>National Campaign against Violence Against Women (VAW) in 1987.</strong></p>
<p>	?We are grateful that the national leaders have made good their promises through enacting new laws, for example, the Domestic Violence Act 1994 and the Child Act 2001, or strengthening others, for example, amendments in 1989 to the Penal Code in relation to rape. Further, the Federal Government has ratified the UN Convention on the Elimination of all forms of Discrimination against Women (CEDAW) in 1995.</p>
<p>	?But we are disappointed that the initiatives were not followed up in the State. Women in Sabah have not benefited in terms of better protection, services and help in cases of both domestic violence and rape.</p>
<p>	?As of today, no safe place or shelter has been set up for victims of domestic violence, and only one One-Stop Crisis Centre has been set up in the Accident and Emergency Unit at Queen Elizabeth Hospital. In order to reach out and provide services to more women, these should be set up in all districts in the State,? she said.</p>
<p>	According to Lee, the committee came about following a series of discussions, which began on May 1, 2003 on the position of women in Sabah in relation to the CEDAW Document, of which Malaysia is one of the signatories.</p>
<p>	?By signing the document, our government is accountable to the international community to make changes to any policies or laws which discriminate, including violence against women. Various pertinent and crucial issues were raised, in particular, the suffering of women from violence, be it in the form of rape or in the privacy of their home.?</p>
<p>	Lee, on behalf of the committee, expressed appreciation to Chief Minister <em>Datuk Musa Haji Aman</em> for responding positively to a memorandum sent to him on July 21 this year. In the memorandum, the committee emphasised the need for urgent action on: </span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">- <strong>The agencies and their roles in the implementation of the Domestic Violence Act </strong>in Sabah which needs to be clearly defined;<br />
	-<strong> A coordinating committee to monitor this implementation</strong> of the Domestic Violence Act to be set up and to include the Department of Welfare Services, the Police, the Medical Department and non-governmental organisations (NGOs) that work with victims of family violence;<br />
	- <strong>The setting up of shelters and one-stop crisis centres</strong> throughout Sabah.</span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">These services are lacking in Sabah, and women and<strong> children who are victims of rape suffer additional trauma because they are treated incompassionately</strong>, as they are made to go from one authority to another. As a heart-breaking example, one of our groups had a case of a child rape victim who was brought from one authority to another, carrying around her bloodstained underwear as evidence.<br />
	</span><span style="font-family: trebuchet ms,helvetica,sans-serif;"><br />
	?Women live in fear for the safety of their children and for their lives in violent homes. Sabah has not set up shelters for women and children in such situations where they can have access to counseling and support while they struggle to put their lives in order.</p>
<p>	Although the Domestic Violence Act 1994 and the UN Convention (CEDAW) which Malaysia has endorsed specify the requirement for shelters, Sabah has still not established any,? stressed the Committee, among others.<br />
	</span></p>
<p style="text-align: justify;"><span style="font-family: trebuchet ms,helvetica,sans-serif;">Reported by<a href="http://www.dailyexpress.com.my/news.cfm?NewsID=21071" target="_blank"> DAILY EXPRESS</a> on 19th August 2003</span><span style="font-family: trebuchet ms,helvetica,sans-serif;"><br />
	</span></p>
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