Malaysia urgently needs an independent Children’s Commission

WE, the undersigned child advocates and civil society organisations for children, urge the Malaysian government to expeditiously establish an independent Children’s Commission that will promptly act on issues affecting children, as well as safeguard, uphold and promote child rights.

The Covid-19 pandemic that began in 2020 revealed serious and systemic gaps in the care and protection of children that have yet to be dealt with and resolved. A single Commissioner for Children under the Human Rights Commission of Malaysia (Suhakam) does not have the necessary time, authority, or resources to effectively address these gaps and guide the government on how to prioritise resource allocations to ensure the well-being of children.

The time to act is now; we must stop failing our children.

An independent Children’s Commission which reports directly to Parliament will enable all parliamentarians to have oversight over children in Malaysia. Monitoring children's rights and progress is fundamental to the growth and future of our nation and society. Should today’s leaders fail our children, that is a failure of stewardship of the nation’s future leaders, voters, and workforce.

An independent, adequately funded Children’s Commission comprising commissioners with expertise in issues affecting children, working with their own staff, would be able to support ministries, departments and agencies by providing much-needed expertise to strengthen policies, processes, and procedures.

Lawmakers, ministers and civil servants who are subject to elections and transfers cannot be expected to be subject matter experts. A Children’s Commission, with commissioners who have a strong grasp of the realities of diverse groups of children in marginalised circumstances, would be in a position to examine the impact of all laws, policies and procedures on children.

Such commissioners would also be able to articulate effectively recommendations that align laws, policies and procedures with the Convention on the Rights of the Child and two of its three Optional Protocols that Malaysia has ratified, as well Malaysian legislation covering child rights.

The Children's Commission must be comprehensive and have a wide scope to cover all critical children-related areas, including the following (items in a not exhaustive list): Strengthen child protection; work to end child poverty; improve child health service delivery; advance inclusive education for children with diverse disabilities; improve early childhood care, education and early intervention services; improve the status of the children of migrants, refugees and the stateless; improve services for children in conflict with the law; prevent the detention of any child; end child marriage, and reduce teenage pregnancies; support indigenous children; remove all barriers to children of Malaysian parents from acquiring citizenship.

The Children's Commission must be able to recognise and remedy violations of children’s rights as they occur, by applying good practices and human rights standards.

Any delay to the well-being and protection of a single child can have devastating and long-lasting consequences. Thus, any delay in establishing an independent Children’s Commission will have significant and long-lasting consequences for the wellbeing of ALL children in Malaysia.

The Bill to establish a Children’s Commission is a crucial step towards aligning Malaysia with its commitments under the Sustainable Development Goals and the Convention on the Rights of the Child.

We would like the Prime Minister and Cabinet to know that we, child advocates and civil society organisations, are firmly behind this initiative and offer our full support. It is the single most important plan that the government has put forward for the betterment of children in our nation.

Many thanks to the Prime Minister’s Department for being the prime driver of this Bill, and for ensuring meaningful engagement with stakeholders, including civil society.

We pray that an independent Children’s Commission will be supported and proposed to Parliament for consideration. It is our hope that all lawmakers, regardless of party affiliation, care enough about Malaysia’s children to unanimously support the passage of the Bill for the establishment of an independent Children’s Commission.

DATUK DR AMAR-SIGN HSS, consultant paediatrician, child-disability rights activist; advisor, National Early Childhood Intervention Council

SRIVIDHYA GANAPATHY, co-chairperson Child Rights Innovation & Betterment (CRIB) Foundation

YEUNWAH SAN, The OKU Rights Matter Project

DATIN ANIT KAUR RANDHWA, member of the Harapan OKU Law Reform Group; vice president (Legal), Medico Legal Society Malaysia; member, The OKU Rights Matter Project

DATIN PH WONG, Childline Foundation

DR SELVA KUMAR SIVAPUNNIAM, consultant paediatrician; president, Malaysian Paediatric Association

CATHRYN ANILA, president and founder, Vanguards4Change

DESIREE KAUR, founder of Project Haans; vice president of Kiwanis Club of Taman Tun Dr Ismail

DR AMELIA ALIAS, researcher, Childline Foundation

MEERA SAMANTHER, disability-gender activist; parent advocate; committee member, Association of Women Lawyers; member of the Bar Council Civil Law & Law Reform Committee; member of the Harapan OKU Law Reform Group

ASSOCIATION OF TOY LIBRARIES MALAYSIA

GOH SIU LIN, family and child rights advocate

PROF DATUK NOOR AZIAH MOHD AWAL, Commissioner, Suhakam

ASSOC PROF DR KAMAL KENNY, chairman, Federation of Reproductive Health Associations, Malaysia

YAP SOOK YEE, founder, WeCareJourney

SYED AZMI, child activist

KASTHURI KRISHNAN, family and child rights advocate

AZIRA AZIZ, lawyer

RD RAMESH PATEL, chairman Pertubuhan Kebajikan Vivekananda Rembau NS

MAKE IT RIGHT MOVEMENT, PJ, Selangor

DATUK DR HARTINI ZAINUDIN, child activist

WOMEN’S CENTRE FOR CHANGE

AJEET KAUR, co-chairperson CRIB Foundation

LEE TEONG HOOI, Treasurer, CRIB Foundation

NATIONAL COUNCIL OF WOMEN’S ORGANISATIONS

ROBYN CHOI, deputy president, National Human Rights Society

MARGARET LOY, founder, Community Transformation Initiative Bhd

PUAKPAYONG

ANANTI RAJASINGAM, Yayasan Chow Kit

SABAH WOMEN’S ACTION-RESOURCE GROUP

CRIB FOUNDATION

ASSOCIATION OF WOMEN LAWYERS

ENGENDER

SISTERS IN ISLAM

WOMEN’S AID ORGANISATION

PROTECT AND SAVE THE CHILDREN

MALAYSIAN COUNCIL FOR CHILD WELFARE

END CSEC NETWORK

FOREIGN SPOUSES SUPPORT GROUP

PERSATUAN TADIKA MALAYSIA

LOOI LYDIA, advisor, Persatuan Guru-Guru Tadika Perak

PERSATUAN PENGASUHAN DAN PERKEMBANGAN AWAL KANAK-KANAK BERDAFTER MALAYSIA

JEANNIE LOW, Play Unlimited

MELISSA AKHIR, Kemban Kolektif

MAJLIS PENGASUHAN DAN PENDIDIKAN AWAL KANAK-KANAK MALAYSIA

MALAYSIAN ASSOCIATION OF PROFESSIONAL EARLY CHILDHOOD EDUCATORS

MALAYSIAN CHILD RESOURCE INSTITUTE

KENNEDT MICHAEL, Community Action Nexus

ANAK SABAH

ROSLIZAWATI MD ALI, Malaysian Women's Action for Tobacco Control & Health

DATUK DR RAJ KARIM, Majlis Kebajikan Kanak Kanak Malaysia

SHAMSINAH SHARIFF, president, National Association of Early Childhood Care & Education Malaysia

NURAZIANTY NAWAWI, Kelab Rekreasi Pengasuh Malaysia

BUKU JALANAN CHOW KIT

CIKGU RAHAYU, BJCK

STUDY HUB ASIA

JAMEYAH SHERIFF, Sekolah Belantara

ASNA HIDAYAH, Incredible Hearts

PAM GUNARETNAM, Humankind

PERSATUAN KEBAJIKAN SOKONGAN KELUARGA SELANGOR & KL (Family Frontiers)

SARAWAK WOMEN FOR WOMEN SOCIETY

MALAYSIAN ASSOCIATION OF SOCIAL WORKERS

REPRODUCTIVE HEALTH ASSOCIATION KELANTAN

HASAN AL AKRAA REFUGEE EMERGENCY FUND

LILIANE FAN, Guatanyeo Foundation

MONTESSORI ASSOCIATION MALAYSIA

BE MY PROTECTOR

FEDERATION OF MALAYSIAN SRI LANKAN ORGANISATIONS

MALAYSIAN RARE DISEASE SOCIETY

OPSIS INTERNATIONAL

DR IRENE CHEAH & DR MARY MARRET, MPA Child Protection Sub Committee

CHILDLINE YOUNG LEADERS PROGRAMME (Cohort 1)

PETALING JAYA CHILD COUNCIL

DR INDRA SEVARAJAH, Chair, World Crises Intervention Commission, World Federation of Music Therapy Council