SIGI 2024 Regional Report for Southeast Asia

Annex B. Legal and policy reforms in Southeast Asia between 2019 and 2023

Between 2019 and 2023, Southeast Asian countries passed 33 legal and regulatory reforms related to gender equality, including 13 new and 20 amendments to existing legislation. Among these reforms, 26 (or 79%) were assessed as contributing to greater gender equality (Table A B.1). The most common issue tackled by reforms is the prevention of violence against women, while others address the issues of child marriage, inheritance rights, and equal treatment in the workplace. The legislative framework of the region is supported by a multitude of action plans and national policy frameworks on gender equality at various levels. In Southeast Asia, all countries except for Brunei Darussalam have such national action plans or policy frameworks in place.

Table A B.1. Legal and policy reforms since 2019

Country	Name / Title	Year	Description	Relevant SIGI indicator	Assessment
Laws
Brunei Darussalam	Syariah Penal Code Order 2013, made under Article 83(3) of the Constitution of Brunei Darussalam	2013-2019	Between 2013 and 2019, Brunei Darussalam underwent a series of reforms to amend the Penal Code. Under the new Penal Code, sexual harassment is no longer prohibited and criminalised. The Penal Code also condemns a Muslim woman who is pregnant or who gives birth to a child out of wedlock.	Violence against women	Negative
Indonesia	Presidential Regulation No. 68 of 2019	2019	Presidential Regulation No. 68 of 2019 reorganised ministries, including the Ministry of Women's Empowerment and Child Protection, and specified that each is responsible for formulating policies and co-ordinating their implementation.	General	Neutral
	Law No. 16 of 2019 on marriage, amending Law No. 1 of 1974	2019	Article 7 of Law No. 16 of 2019 changed the legal age of marriage from 16 to 19 for women, although judges can grant exemptions. Previously, it was 16 for women and 19 for men.	Child marriage	Positive
	Presidential Regulation No. 65 of 2020	2020	Presidential Regulation No. 65 of 2020 further clarifies the position, duties and functions of the Ministry of Women's Empowerment and Child Protection. It is given the task, among others, to monitor gender equality and improve the status or rights of women.	General	Neutral
	Law No. 11 of 2020 on job creation, amending various labour laws	2020	Article 153 provides that an employer may not terminate their employee based on the reason of difference in ideology, religion, political ideology, ethnicity, gender, race, marital status, physical condition, and more. This law was later amended by Law No. 2 of 2022 but Article 153 was not changed.	Workplace rights	Positive
	Law No. 12 of 2022 on sexual violence crimes and online gender-based violence against women	2022	Law No. 12 of 2022 criminalises sexual violence, including abuses carried out online. Rape is specifically criminalised – although not on the base of free consent – as well as domestic violence and forced marriage. The law outlines the rights of survivors to legal and medical services and provides penalties for perpetrators.	Child marriage Violence against women Workplace rights	Positive
Lao PDR	Civil Code of 2019	2019	The Civil Code stipulates the legal age of marriage is 18 for both men and women (Article 150) and states that men and women have equal rights in all aspects pertaining to family relationships (Articles 140 and 160), including joint land titling for land used or acquired by married couples (Article 168) equal rights to file for divorce (Articles 174 and 176) and equal inheritance rights for daughters and sons (Articles 574 - 576).	Child marriage Household responsibilities Divorce Inheritance Access to land assets	Positive
	Law No. 70 of 2019 on Land, amending Law No. 4/NA of 2003	2019	As amended by Law No. 70 of 2019, Article 105 does not specify that the names of both husband and wife should be included on joint land titles. However, under the 2019 Civil Code (see above) land used or acquired by married titles is subject to joint land titling.	Secure access to land assets	Neutral
	Law No. 77 of 2019 on Gender Equality	2019	Law No. 77 of 2019 seeks to guarantee gender equality, including ending all forms of violence against women, ensuring that women can fully participate in politics, economics, socio-cultural activities, and family affairs. Aspects of the civil code are reiterated, including equal inheritance rights for daughters and sons and equal rights in family relationships.	General	Positive
	Decision No. 2077 of 2021 on Management of Surrogacy and Spontaneous Abortion	2021	Item 12 of Decision No. 2077 of 2021 legalises abortion in certain conditions, such as: the physical or mental health of the mother is in jeopardy; the woman has already given birth to four children; the pregnancy is a result of rape or failed contraception; or the family does not have sufficient financial means. The legislation also regulates lawful surrogacy for consenting, married adults.	Reproductive autonomy	Positive
Malaysia	Employment (Amendment) Act No. 1651 of 2022, amending Employment Act No. 265 of 1955	2022	The Employment (Amendment) Act No. 1651 of 2022 adds a prohibition of dismissal of female workers during pregnancy; and requires companies to display sexual harassment prevention notices. It further repealed provisions that prohibited the employment of women in any underground work, as well as in industrial and agricultural activities if carried out during the night	Workplace rights	Positive
	Anti-Sexual Harassment Act No. 840 of 2022	2022	The Anti-Sexual Harassment Act No. 840 of 2022 establishes a Tribunal for Anti-Sexual Harassment and provides a right to compensation for any person who has been sexually harassed. Prior to this law, there were sexual harassment provisions under the Employment Act of 1955, which applied more narrowly to sexual harassment in the workplace only.	Violence against women	Positive
	Penal Code (Amendment) Act No. A1681 of 2023	2023	In force as of May 2023, the Act No. A1681 adds section 507A to the Penal Code establishing that physical and online stalking are offences that should be punished with imprisonment, a fine or both.	Violence against women	Positive
Myanmar	The Pyidaungsu Hluttaw Law No. 10 of 2019, amending the Penal Code (INDIA ACT XLV of 1860)	2019	The Pyidaungsu Hluttaw Law No. 10 of 2019 adds a clause to Article 376 to increase the punishment for raping a woman under 20 years of age, establishing that the rapist shall be punished with imprisonment for life, or with imprisonment for a term of twenty years.	Violence against women	Positive
	Child Rights Law No. 22 of 2019, repealing the Child Law No. 9 of 1993	2019	Article 23 of Law No. 22 of 2019 establishes 18 years as the minimum age for marriage. The law further contains provisions to punish forced child marriage, physical and sexual violence, and promotes basic rights to ensure the protection of children.	Child marriage	Positive
Thailand	Labour Protection Act (Law No. 7 of 2019), amending Labour Protection Act of 1998	2019	The new Article 53 introduced by Law No. 7 of 2019 requires equal compensation for work of equal value for male and female employees, including equality in wages, overtime payments, and compensation for work performed on holidays.	Workplace rights	Positive
Philippines	105-Day Expanded Maternity Leave Law (Republic Act No. 11210)	2019	Section 4 of Republic Act No. 11210 increases the maternity leave period from 60 to 105 days, which can further be extended for an additional 30 days without pay. Female employees who are solo parents are entitled to an additional 15 days paid maternity leave. Section 6 states that a woman can also allocate 7 days to the child's father (in addition to those provided by the Paternity Leave Act of 1996).	Workplace rights	Positive
	Safe Spaces Act (Republic Act No. 11313)	2019	Republic Act No. 11313 defines gender-based sexual harassment in streets, public spaces, online, workplaces, and educational or training institutions; provides for protective measures; and sets forth penalties. It also defines gender as a set of socially ascribed characteristics, norms, roles, attitudes, values and expectations, and provides a definition for gender identity.	Violence against women	Positive
	Act Prohibiting the Practice of Child Marriage and Imposing Penalties for Violations Thereof (Republic Act No. 11596)	2021	Republic Act No. 11596 prohibits the practice of child marriage and sets penalties for violations. Section 1 (Declaration of State Policy) specifies that the State abolishes all traditional and cultural practices that perpetuate discrimination and exploitation of children. It also recognises the importance of women to the nation and fosters their protection and empowerment.	Child marriage	Positive
	Expanded Solo Parents Welfare Act (Republic Act No. 11861), amending Republic Act No. 8972	2022	Republic Act No. 11861 expands the definition of a solo parent and provides for additional benefits for solo parents. For instance, Section 4 recognises a woman who gives birth following rape as a solo parent; Section 2 extends social services and welfare benefits to solo parents; and Section 8 enables them to access additional parental leave.	Workplace rights	Positive
Singapore	Act No. 27 of 2018, amending the Women’s Charter of 1961	2018	Section 65 of Act No. 27 of 2018 provides for a protection order when family violence has been committed or is likely to be committed against a family member, and raises the fines applied when someone contravenes the protection order.	Violence against women	Positive
	Act No. 15 of 2019, amending the Penal Code of 1871	2019	Act No. 15 of 2019 adds Section 335A to the Penal Code, setting forth penalties for those who allow (by knowing or not trying to stop) the neglect, hurt, injury and sexual abuse occurring domestic workers and vulnerable persons (positive). Section 375 is amended by introducing sub-section (1A) that specifies that penetration of anus and mouth also qualifies as rape. Moreover, Sections 375 on rape and 376 on sexual assault are amended regarding the provision of consent and whether penetration qualifies as an offence. For instance, when the accused person’s spouse consented to penetration, or when the accused person can prove that he mistakenly believed that consent was provided, included by persons under the age of 14, it does not constitute a criminal offence (neutral/negative). Section 376AA on exploitative sexual penetration of minors between 16 and 18 years is added, as well as Sections 376EA to 376EF which define criminal offences for exploitative sexual grooming, communication or exposure to sexual activity or imagery of minors (positive). Section 376H is added on sexual offences related to the procurement of sexual activity by deception or false representation (positive). Similarly, Sections 377BA to 377BO are added laying out offences for voyeurism, distribution of intimate image or recording; or child abuse (positive).	Violence against women	Negative and positive
	Act No. 19 of 2021, amending the Child Development Co-Savings Act of 2001	2021	Act No. 19 of 2021 updates Section 12 of Part 3 (Leave and Benefits) on adoption benefits for eligible adoptive mothers, by giving more details about the governmental support for them.	Workplace rights	Positive
	Act No. 23 of 2021, amending the Penal Code of 1871	2021	Act No. 23 of 2021 updates and enhances the punishment for three sexual offences – outrage of modesty (Section 354(1)), sexual activity in presence of a minor or showing sexual image to a minor (Sections 376EB to 376ED), and making it an offence for a person who induces the victim to consent to being sexually touched by a third person (Section 376H).	Violence against women	Positive
	Act No. 11 of 2022, amending the Administration of Muslim Law Act of 1966	2022	Act No. 11 of 2022 updates Section 48, which regulates “conditional divorce”, called Cerai taklik. According to this article, a married woman may apply to the Court to validate and register a divorce. As amended, the act removed the fee that was previously required for this registration.	Divorce	Positive
	Act No. 3 of 2022, amending the Women's Charter of 1961	2022	Act No. 3 of 2022 introduces many amendments regarding rights and duties of husband and wife, like: co-operation in caring and providing for the children; the right of separately engaging in professions and social activities etc. But all those rights were already guaranteed by law, meaning that they just rewrote and reorganised the paragraphs.	Household responsibilities	Neutral
	Act No. 32 of 2023, amending the Child Development Co-Savings Act of 2001	2023	Act No. 32 of 2023 adds Section 12JA which provides that employers who grant male employees (who are natural or adoptive fathers) extra benefits, both in terms of leave duration and payments, that go beyond the statutory paid paternity leave are entitled to reimbursement by the Government (within a limited amount).	Workplace rights	Positive
Timor-Leste	Decree-Law No. 17 of 2019, under the terms of Article 115(3) of the Constitution of the Republic	2019	Decree-Law No. 17 of 2019 defines the structure of the Secretariat of State for Equality and Inclusion, based on the Constitutional assumption that all men and women have the same rights and obligations regarding family, cultural, social, economic and political aspects. This new Secretariat is responsible for implementing and evaluating policies, raising public awareness and developing reports and studies etc.	General	Neutral
	Ministerial Decision No. 47 of 2022	2022	Ministerial Decision No. 47 of 2022 establishes a support mechanism for the private sector and it fosters the development of micro, small and medium companies, especially those led by women and young people.	Access to financial services	Positive
	Decree-Law No. 54 of 2023	2023	Decree-Law No. 54 of 2023 provides details on the organisations of the Ministry of Social Solidarity and Inclusion. One of its tasks is to guarantee the implementation of the National Plan against gender-based violence 2022-2032.	Violence against women	Neutral
Viet Nam	Labour Code (Law No. 45/2019/QH14), amending the Labour Code of 2012	2019	Law No. 45/2019/QH14 prohibits sex-based discrimination (Article 8), mandates equal compensation for work of equal value (Article 9), recognises sexual harassment in the workplace as grounds for dismissal (Article 125), and outlines penalties for companies that discriminate against women in recruitment and promotions (Article 217). It also provides for paid maternity leave and protects mothers' employment security while on leave (Articles 137 and 139).	Violence against women Workplace rights	Positive
	Decree No. 144/2021/ND-CP	2021	While sexual harassment is already prohibited in the 2015 Criminal Code, Articles 7 and 11 of Decree No. 144/2021/ND-CP outline fines that may be imposed on perpetrators of sexual harassment in the workplace.	Violence against women Workplace rights	Positive
	Law No. 13/2022/QH15 on the Prevention and Control of Domestic Violence	2022	Law No. 13/2022/QH15 came into force in July 2023, replacing Law No. 02/2007/QH12 on the Prevention and Control of Domestic Violence. Among the changes made, Article 3 of the new law expanded the definition of individuals vulnerable to domestic violence, such as people with disabilities, children and the elderly. In addition, Chapter II contains several articles on the prevention of domestic violence related to guaranteeing better education, communication and information.	Violence against women	Positive
National action plans and policies
Cambodia	National Action Plan to Prevent Violence Against Women	2019-2023	The plan targets cross-sectoral action to prevent violence against women, including national and subnational government, civil society, development partners, and survivors.	Violence against women	Positive
	Five Year Strategic Plan for Strengthening Gender Mainstreaming and Women’s Empowerment (Neary Rattanak V)	2019-2023	The plan focuses on promoting gender mainstreaming in policies, plans and development programmes at various levels of government. The framework is intended to guide the development and implementation of the first national policy on gender equality (forthcoming).	General	Positive
	Rectangular Strategy Phase IV	2019-2023	The plan outlines Cambodia’s overall national strategy for growth, employment, equity and efficiency. It recognises the importance of gender equality and women's empowerment for development in these four areas, and guides the gender-specific action plans referenced here.	General	Positive
	Policy and Strategic Plan on Gender Mainstreaming in Health	2020-2024	The policy provides the country’s first framework for mainstreaming gender considerations and expanding equitable access to healthcare.	General	Positive
	Gender Mainstreaming Plan for Education	2021-2025	The plan aims to ensure equal access to formal and informal education, increase women's participation in delivering educational services, and promote a gender-sensitive educational environment.	General	Positive
Indonesia	Strategic Plan of the National Commission on Violence Against Women	2020-2024	The plan outlines priority areas for combatting violence against women, with specific initiatives targeting vulnerable women such as women in conflict, prisoners, and victims of sexual violence.	Violence against women	Positive
Lao PDR	3rd National Plan of Action on Mother and Children	2021-2025	The plan aims to achieve improved health outcomes for women and children and guides the review and development of new policy and legislation to protect the rights of mothers and children.	General	Positive
	4th Five Year National Plan of Action on Gender Equality	2021-2025	The plan builds on the third national action plan on gender equality (2016-2020), with the overall goal of ending all forms of violence against women and ensuring that women can fully participate in political, economic and social life. It includes programmes for awareness raising, promoting equal access to education, health care, employment, and justice, and developing new legislation.	General	Positive
	2nd National Plan of Action on Violence against Women and Violence against Children	2021-2025	Building on the goals outline in the National Plan of Action on Gender Equality, the plan aims to reduce violence against women and girls, improve support for survivors, and, to this end, enhance co-ordination between government services.	Violence against women	Positive
Malaysia	National Strategy Plan in Handling the Causes of Child Marriage	2020-2025	The plan has a cross-cutting approach to tackle child marriage in the country, covering issues such as legislation, parenting, family support, education, health and awareness. One pillar of the plan focuses on improving sexual and reproductive health among boys and girls – particularly through education.	Child marriage Reproductive autonomy	Positive
	12th Malaysia Plan	2021-2025	The plan seeks to address the low participation of women in the labour force, especially in political and senior roles. It also emphasises the importance of including more women in sports, raising awareness about women's rights in society, and developing new legislation to eliminate violence and gender-based discrimination.	General	Positive
Myanmar	National Strategic Plan for the Advancement of Women	2013-2022	The plan is based on the Beijing Platform for Action’s priorities. Among other areas tackled, the strategy aims to develop and strengthen laws and practices to eliminate violence against women; and implement community-based awareness raising activities to eliminate customs and beliefs that promote child marriage and discourage girls from accessing education. The country is developing an updated plan for 2023-2031.	Child marriage Violence against women	Positive
Philippines	Philippines Plan for Gender-Responsive Development (PPGD)	1995-2025	This is a comprehensive, long-term plan to achieve gender equality and development. It covers areas such as education, health, media, culture, justice, employment, housing, and urban development.	General	Positive
	Updated Gender Equality and Women’s Empowerment (GEWE) Plan	2019-2025	The plan supports the Updated Philippines Development Plan (2017-2022) and the Philippines Plan for Gender-Responsive Development (1995-2025). It takes a whole-of-government approach, emphasising the need for gender mainstreaming at various levels. It also notes the changing needs of women and girls due to the COVID-19 pandemic.	General	Positive
Singapore	White Paper on Singapore Women’s Development	2022-2032	The paper provides recommendations to foster equal opportunities in the workplace, such as strengthening legislation and fostering flexible work agreements to include more women and increase women in leadership roles. It also tackles violence against women and family violence and includes actions related to raising awareness and promoting a culture of safety and respect within society.	Violence against women Workplace rights General	Positive
Thailand	Action Plan on Women's Development	2020-2022	The plan sets as a key priority the elimination of violence against women. Initiatives proposed include broadcasting news relating to the suppression of violence against women, providing guidelines relating to sexual harassment in the workplace, and mandating specialised gender-sensitivity training for professional services and the judicial system.	Violence against women Workplace rights	Positive
	National Action Plan on Women’s Development	2022-2026	Building on previous strategies, the plan addresses the elimination of all forms of violence against women as one of key pillars for women's advancement and guides other national and subnational strategies for promoting gender equality.	General	Positive
	13th National Economic and Social Development Plan	2023-2027	While the action plan provides a framework for economic and social development going beyond a gender perspective, Strategy 1 includes the goal of increasing access to quality services for pregnant women.	Reproductive autonomy	Positive
Timor-Leste	National Policy on Family Planning	2022	Government Resolution No. 10 of 2022 created a National Policy on Family Planning, stating that this initiative is essential to reduce maternal mortality and to achieve women's empowerment. The policy emphasises women's right to decide upon sexual and reproductive choices and the concept of responsible maternity and paternity.	Reproductive autonomy	Positive
	National Plan against Gender-based Violence	2022-2032	The plan has 3 pillars: (i) prevention of violence against women and girls, (ii) provision of essential services to women and girls who have suffered violence, and (iii) legal support and access to justice. It also includes targets for monitoring and evaluation and brings together different stakeholders from government and civil society.	Violence against women Access to justice	Positive
Viet Nam	Programme to Increase Equal Participation of Women in Leading and Management Positions at Policy Planning Levels	2021-2030	The strategy aims to increase women’s participation in leadership and management positions at policy-making levels to promote women’s empowerment.	Workplace rights	Positive
	National Strategy on Gender Equality	2021-2030	The strategy provides a guiding framework for enhancing women's empowerment at various levels of government.	General	Positive
	Communication Programme on Gender Equality	2021-2030	The policy outlines programmes for raising awareness around laws and policies related to gender equality to be undertaken by ministries and local governments.	General	Positive
	Programme to Prevent and Respond to Gender-based Violence for the period 2021‑2025	2021-2025	The programme was issued for the period 2021-2025 by the Prime Minister through Decision No. 2232/QD-TTg. It aims to prevent and respond to gender-based violence. The main stated objectives are to guarantee: (1) that at least 50% of people experiencing gender-based violence seek help from service providers and (2) that 100% of cases needing help for gender-based violence receive help in different forms.	Violence against women	Positive
	National Programme on Domestic Violence Prevention and Control	2022-2025	The programme outlines mechanisms for improving the effectiveness of domestic violence prevention initiatives, including increasing awareness raising and improving access to services for survivors. The National Programme on Domestic Violence Prevention and Control was developed under the umbrella of the programme “Elimination of Violence against Women and Children in Viet Nam 2021-2025”, which is a joint co-operation effort between the government of Viet Nam, the United Nations (UNFPA, UNICEF and UN Women) and the government of Australia. The joint programme covers the period 2021-2025 and takes a multisectoral approach for promoting gender and social norm changes through awareness raising, advocacy and community mobilisation.	Violence against women	Positive