THE Human Rights Commission of Malaysia (Suhakam) supports the government’s move in developing the Children’s Commission Bill, which is vital in upholding and protecting all aspects of children’s rights.
The proposed Children’s Commission Bill is a visionary initiative and an essential cornerstone for the comprehensive protection of children’s rights.
In view of the aforementioned announcement, it is imperative for the bill to be crafted as a formidable mechanism, empowering the envisioned commission with the authority to advocate for policy changes, enforce the law, and diligently monitor actions aimed at safeguarding the rights of children in all aspects of their lives.
This mechanism should reflect international best practices and uphold human rights standards, ensuring sustainable and effective actions on the ground.
While acknowledging the establishment of the existing Office of the Children’s Commissioner (OCC) within its institution in 2019, Suhakam is of the view that the OCC is not sufficient to address the plethora of issues relating to child rights given the OCC’s limited capacity and resources.
Therefore, Suhakam supports the move for the establishment of an independent children’s commission to serve as an up-scaled OCC with the following recommendations:
The commission should be allocated a sufficient budget and resources, expanded mandates, and greater powers, which include unrestricted access to shelters and detention centres as well as access to child-related data.
The appointment of full-time commissioners is necessary to ensure the children’s commission can effectively fulfil its role and execute its mandate.
The commission is to be an oversight body and to serve as a check and balance mechanism in the protection and promotion of the rights of the child. As an independent and neutral entity, the commission should also play a role in complementing the functions of other relevant bodies in the government.
The commission is to act as a bridge between the government and society, as well as between adults and children, on child rights matters, with the aim of promoting children’s active participation in society and ensuring that their voices are heard.
The commission should possess the authority to advocate for children’s interests, rights, and well-being, with the best interests of children at the core of all development initiatives in Malaysia.
It should also be given the power to advocate for policy changes across enforcement agencies and local authorities and the ability to demand meaningful remedies within defined time frames for children affected by such policies.
The commission is to be involved in the formulation of child-centric national policies, enhancing the quality of care delivered by government agencies while aligning these policies with principles of good governance, thereby serving as a mechanism to continually assess the government’s response to emerging issues affecting children.
Embedding the notion of good governance within the Madani framework will reshape governmental institutions, fostering a child-centric Malaysia.
In this regard, Suhakam stands ready to assist the government and looks forward to the establishment of this independent children’s commission, to serve as a beacon of progress in addressing children’s issues in Malaysia.
Suhakam emphasises that the establishment of the commission should be aligned with the Child Act 2001 and the Convention on the Rights of the Child, paving the way for a brighter and more rights-centric future for Malaysia’s children. – September 2, 2023