The UN committee shines a spotlight on compliance
In Malaysia, a child is legally defined as any person under the age of 18 yrs (Child Act 2001). It was therefore quite shocking when a teenager, 16 yrs was detained under the Security Offences (Special Measures) Act 2012 (Sosma). This raised the ire of Suhakam’s Children’s Commissioner Dr Farah Nini Dusuki, who said “this should never have occurred” in reference to the Child Act 2001.
Separately, the Child Rights Coalition Malaysia (CRCM), in a press statement, then welcomed the opportunity for renewed international scrutiny of Malaysia’s child right’s record.
This was in response to the Government of Malaysia’s recent Constructive Dialogue with the United Nations Committee on the Rights of the Child (CRC), held after a prolonged reporting gap. The following areas were highlighted by CRCM.
A credibility gap
Throughout the dialogue, the UN committee sought clarity on whether children’s rights in Malaysia were being clearly protected. The committee pointed out the areas which raised concerns. This included non-discrimination, identity and nationality, freedom of thought, conscience and religion as well as protection from cruel or degrading treatment.
One of the highlighted areas, child marriage remains legally possible as long as the minimum legal age of marriage is not set at 18. This highlights the situation where many children are deprived of their right to formal education due to early marriage. The government reiterated its policy position of setting the minimum age at 18 but this has yet to be formalised.
Children in care and protection systems: rescue without recovery
The UN committee found that it was not enough to just rescue a child, without considering the long term good of the child, in terms of rigorous family assessment and case management. The committee requested for the urgent expediting of the Social Work Profession Bill, to allow for trained social workers, to better ensure coordination within the child protection and justice systems.
Statelessness and citizenship: progress with exclusions
The committee welcomed constitutional amendments relating to citizenship but expressed concern over their non-retroactive nature, which left many children in limbo. Claims that all recent applications by children of Malaysian mothers were approved require verification.
Education remains conditional, not universal
The dialogue between the government and the UN committee confirmed that refugee, undocumented and stateless children remain excluded from national schools. This translates as a child’s right to an education being dependent on the financial status of parents being able to afford alternative education and perpetuates unequal access, contrary to Malaysia’s obligations under the CRC.
End the detention of children
Claims by the government that child detention are a last resort have proved to be unreliable. While places are set aside such as ‘Baitul Mahabbah’, for the safe-keeping of the child, CRCM felt they do not serve the best interest of the child.
The committee also expressed concern that child protection, justice and social services remain inadequate and underfunded.
CRCM further adds that there is an urgent need to end the immigration arrest, detention and deportation of children. They must be subject to the care of supervision of social workers and child protection officers.
Malaysia, according to CRCM must translate its policies into tangible change for children on the ground. This should be guaranteed by law and not be reliant on policy and administrative rules.
