Dear Prime Minister,
WE hope this letter finds you well. We are writing with a deep sense of urgency to express profound concern over the current state of child rights and child protection policies within Malaysia.
The apparent disregard by government officials and the insufficient emphasis on child rights necessitate prompt and decisive action. We speak on behalf of many in the civil society space and abused and neglected children in Malaysia who share these sentiments.
Despite various efforts and commitments, the safeguarding of our children’s rights remains critically deficient. There is a discernible absence of child protection considerations in the development and execution of comprehensive policies that impact on children.
Consequently, our children, who embody the future of our nation, are deprived of the necessary attention, support and advocacy they deserve.
The lamentable condition of our educational system, exemplified by the alarming number of students absent from the SPM examinations (10,000 students didn’t sit for SPM), raises pressing questions about the underlying causes.
Our frustration stems not from a lack of financial resources, but from significant gaps in knowledge, experience and effective implementation of child protection policies and laws. Welfare officers and authorities mandated to guard and protect children are failing them and not meeting their obligations.
This failure is evident in the disturbing cases of children being exploited, abused and neglected within the very institutions meant to protect them.
The current state of affairs is unacceptable. We continue to witness numerous cases of child abuse, neglect and exploitation, with inadequate responses and support systems in place. The policies and frameworks lack the robustness and urgency required to address these critical issues effectively.
The absence of a comprehensive national strategy, the delay in enacting the Social Workers Act, and the lack of a concerted effort to champion the rights of all children are particularly disconcerting.
The proposed amendments to child protection laws have become politicised, overshadowing the urgent need to protect our children. This is not merely a political issue; it is a matter of national security and moral responsibility.
If we do not sit up and protect and uphold the rights of every child in Malaysia, there will be no national security or future to protect.
The issue at hand is not the absence of laws but rather the deficiency in their enforcement. The current state of online child protection is alarming. High dropout rates and forced labour are stark indicators of this neglect.
Consider the state and rights of poor, non-Malaysian children needing shelters or services. Too often, the response is, “not Malaysian, not our problem,” and hence they are sent to detention centres, even those as young as one year of age.
The US Trafficking in Persons report highlights the necessity of us acknowledging that stateless and refugee children are victims of trafficking. Only then can we improve and achieve Tier 1 status.
Our children face severe challenges, such as sexual and physical violence, abuse and exploitation, both within educational settings and beyond.
These issues are compounded by archaic laws and a lack of priority given to child protection. The plight of Orang Asli children, children with disabilities and others from marginalised communities is particularly dire.
The responsibility and obligation to address these issues extends beyond the Women, Family, and Community Development Ministry to all ministries and agencies. If they cannot or will not do it, then everyone else should.
Bring in civil society and concerned experts. With resources like the law minister and her team, the women’s ministry’s national Children’s Consultative Council and children’s commissioner Farah Nini Dusuki, why aren’t we leveraging their expertise too?
Political considerations should not impede the engagement of the most qualified individuals to safeguard our nation’s most valuable assets – our children.
The proposed amendments to child protection laws have become politicised, overshadowing the urgent need to protect our children. This is not merely a political issue; it is a matter of national security and moral responsibility.
Without a firm commitment to the rights and protection of every child in Malaysia, the concepts of national security and a sustainable future are at risk.
With due respect we append below some key strategies that can help us move as one to transform the child protection system in Malaysia for all children:
1. Improvement and implementation of a national child policy and relevant laws that serve to prevent, provide support and care for children
2. Transform key ministries and agencies in law enforcement, social welfare, education and health handling child related matters through the hiring and/or upskilling of dedicated, competent and professional staff trained in social work, child rights and child protection
3. Make the prevention of all forms of violence against children a national priority in view of the increased numbers of child maltreatment cases both online and offline in the last five years by prioritising health, education and social support
4. Reduce and prevent harms to children via programmes on safer environments and infrastructure, and mandatory screening as well as child protection policies for all who work with and for children
5. Improve parent, caregiver, teacher and neighbourhood support to enable safe and child-friendly environments for children at home, in schools and in their neighbourhoods
6. Robust and comprehensive response and support services including helplines, rehabilitation and care for children
7. Enable meaningful consultations with NGOs and children in the planning and implementation of laws, policies and programmes impacting on children
These are some of the recommendations we suggest:
1. Employ graduates or staff with social work training and qualifications (preferably certified internationally)
2. Remunerate staff based on their relevant experience and training/certification, not merely the length of service. I know of someone with a postgraduate degree and several years of experience in social work in the private/NGO sector who had to start at the lowest degree scale
3. Allow staff to choose their geographical work allocation to leverage established networks and ensure more effective collaboration. It is counterproductive to assign incoming staff wherever there is a geographical gap in staffing
4. Recognise and promote those working with children within their structures without subjecting them to transfers, akin to how police, DPPs and social welfare officers are managed.
5. Include a curriculum on children’s rights in the basic induction course for all who enter public service
In light of this, we propose that the Office of the Children’s Commissioner be placed directly under the Prime Minister’s Office, not Suhakam or other ministries.
This move would elevate the importance of child protection to a national priority and ensure that the necessary expertise, attention and urgency are directed towards safeguarding our children.
By bringing the Office of the Children’s Commissioner directly under your purview, we can demonstrate a serious commitment to addressing these issues head-on and making significant, tangible progress.
Our children deserve better. They deserve a nation that protects them, nurtures them and ensures their rights are upheld without compromise.
We have the potential to be a leading example in child protection, but this requires decisive action and a renewed focus on this critical aspect of our national development.
As a signatory to the Convention on the Rights of the Child 1989, it is imperative that the government puts its best efforts towards meeting the rights accorded to all children under the convention.
As the next chair of Asean, Malaysia must lead the region in upholding the rights of children by putting into a national child policy and plan of action in consultation with NGOs and children that is in the best interests of all children in Malaysia.
We implore you to consider this proposal seriously and take the necessary steps to prioritise child protection within your administration. Our children’s futures depend on the actions we take today.
Thank you for your time and consideration. We remain hopeful that, under your leadership, we can bring about the changes needed to protect and empower our children.
Yours sincerely,
Child advocates – June 4, 2024
This statement is signed by a group of children’s rights/welfare advocates