Malaysian children need an independent Children’s Commission
The Government is currently developing a Children's Commission Bill. The passing of a meaningful Bill is vital to the wellbeing of children in Malaysia that is harmonised with the Preamble of our Child Act, 2001.
What would make the Bill meaningful?
A meaningful Bill must give Malaysia a Children’s Commission that is fully responsible for multi-ministerial cooperation on policies and programmes regarding upholding and protecting all aspects of children’s rights. It must have the authority to make policy changes and the power to require transgressions to be remedied within a specified time frame. It must not just be limited to coordination without enforcement capacity.
Key recommendations on shaping the Malaysia’s Children's Commission are outlined below.
The Children's Commission must be independent, answerable directly to Parliament as an institution that embodies the rights of the general public and, most importantly, of anyone aged below 18 in Malaysia. This direct mandate calls for the Commission to have the authority to advocate for policy changes by all enforcement agencies and local authorities, and the power to require meaningful remedies, within a specified timeframe, for the children impacted.
Furthermore, the Commission must be given "teeth” to monitor for sustainable and on-the-ground actions that uphold and protect children’s rights. The Government needs to ensure Malaysia’s full implementation of the Convention on the Rights of the Child and its Optional Protocols, and adopt an equitable, rights-based and gender-sensitive approach. Good governance, regular evaluation, independence (including financial), transparency and constructive dialogue with stakeholders must characterise the Commission.
The Children's Commission must be comprehensive and have a wide scope to cover all critical children-related areas, including the following (not an exhaustive list):