A/HRC/40/53/Add.1 respect for cultural rights, even as cultural rights themselves must take into consideration respect for other universal human rights norms. 2 II. General context and framework A. National human rights framework 8. Malaysia has ratified the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child and its two Optional Protocols, and the Convention on the Rights of Persons with Disabilities. The Convention on the Elimination of All Forms of Discrimination against Women requires States to guarantee the equality of men and women and non-discrimination on the basis of sex in “all aspects of cultural life” (art. 13). The Convention on the Rights of the Child requires respect for the right of the child to participate freely in cultural life and the arts (art. 31). The Convention on the Rights of Persons with Disabilities likewise requires States to recognize the rights of persons with disabilities to take part on an equal basis with others in cultural life and to enjoy access to cultural programming and services (art. 30). 9. Malaysia is also one of the founding members of the Association of Southeast Asian Nations (ASEAN). In 2012, ASEAN adopted its own Human Rights Declaration, which recognizes the right of every person, individually or in association with others, to freely take part in cultural life and to enjoy the arts (art. 32). 10. International treaties are enforceable domestically when they have been incorporated into Malaysian law by statute. According to article 4 of the Constitution, national law prevails in the case of a conflict between a statute and a provision of international law. Malaysian courts have taken the position that the Universal Declaration of Human Rights is not legally binding and that it would only be given effect insofar as it is not inconsistent with the Constitution. 11. The Special Rapporteur believes that it is essential for Malaysia, both in relation to concerns in the national context and in order to exercise regional leadership on human rights, to improve its record on the ratification of international human rights treaties, as well as on their implementation. During her mission, she was pleased to learn that ratifications of the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights were under consideration. However, she regrets that there has reportedly been no progress in that regard since then. 12. While Malaysia’s ratification of the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child are very positive, the Special Rapporteur continues to have concerns about their limited implementation and about Malaysia’s remaining reservations to these conventions. She calls for the withdrawal of these reservations at the earliest opportunity. 3 While she welcomes the withdrawal of some of the reservations to the Convention on the Elimination of All Forms of Discrimination against Women, she deplores the fact that for the remaining reservations, the official local interpretation of syariah law is given precedence over universal human rights. She encourages the ratification of the Optional Protocol to this Convention, which would greatly enhance the Convention’s implementation. Furthermore, she encourages the Government, in line with its support for the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, to consider ratifying the International Labour Organization’s Indigenous and Tribal Peoples Convention, 1989 (No. 169), which stipulates that indigenous peoples’ rights of ownership and possession over lands which they traditionally occupy shall be recognized. 13. It is essential that thorough attention be paid to following up on recommendations made by United Nations human rights treaty bodies and experts. While some in government 2 3 A/HRC/31/59, para. 27. See also CEDAW/C/MYS/CO/3-5, paras. 9–10. 3