The appointment of Malaysia 1st Children Commissioner (CC) in August 2019 aims to enhance the rights of children in Malaysia. The Office of the Children’s Commissioner (OCC), Human Rights Commission of Malaysia is an independent office that is responsible for empowering and protecting the rights of children as set out in the United Nations Convention on the Rights of the Child (CRC). The CC’s main role is to protect and promote human rights of all children under 18 throughout Malaysia, regardless of their status.
The CC focuses on the promotion and protection of children’s rights, as prescribed by CRC. The CC works to ensure that the four (4) core principles of CRC which are: non-discrimination; devotion to the best interests of the child; the right to life, survival and development; and respect for the views of the child, are observed. Further, the CC’s role is to empower child-related laws through powers under Act 597 (the Act).
Since the office came into full force in May 2020, OCC had organized numerous programmes and activities such as online dialogues and consultations with civil society organisations and government agencies in Sabah, Sarawak and peninsular Malaysia; attended meetings with several Ministers in Putrajaya dan Kuching; and conducted monitoring visits to children welfare homes and alternative schools in Sarawak and baby hatch centre in Petaling Jaya. As a result of all the online dialogues and consultations, meetings and visits, OCC had successfully forwarded all the issues and recommendations collated to the relevant Ministers for their further action. OCC will monitor if the said Ministries have fully attended to the issues raised, and to further advocate the Government and advise ministries to give their commitment to children’s rights issues.
OCC further wishes to establish a Children’s Consultative Council, in the near future, consisting of children themselves, who will inform CC on problems faced by children and their grievances.
For its longer term vision, OCC hopes there will be “education for all children” policy to be implemented by 2025. For that to be achieved, OCC needs to ensure all children which are entitled by law to have a Malaysian’s citizenship are given such right before 2023.
Office of the Children’s Commissioner (OCC) is the specific division under SUHAKAM that caters and carries the mandate on child rights in Malaysia. The OCC was established during the last quarter of year 2019 following the appointment of the Children’s Commissioner (CC) of SUHAKAM in August 2019. The idea to appoint the CC came from the Ministry of Women, Family and Community Development in year 2018.
Due to the need for expediency and realising the need for a human rights organisation that focuses on children, the CC was appointed and placed within the existing structure of SUHAKAM. The CC’s powers and functions are based on the SUHAKAM Act 1999 (Act 597). Prof Dato’ Noor Aziah Binti Mohd Awal as the CC was appointed on 23 August 2019, and the term backdated, to begin from 27 April 2019.
The appointment of the CC aims to enhance the rights of children in Malaysia. The CC’s main role is to protect and promote human rights of all children under 18 throughout Malaysia, regardless of their status. The CC focuses on the promotion and protection of children’s rights, as prescribed by the United Nations Convention on the Rights of the Child (CRC).
The CC works to ensure that the four (4) core principles of the CRC which are: non-discrimination; devotion to the best interests of the child; the right to life, survival and development; and respect for the views of the child, are observed. Further, the CC’s role is to empower the child-related laws through powers under Act 597 (the SUHAKAM Act).
The OCC’s functions are divided into three: which are first, advocacy and advisory; second, education and promotion; and third, complaints and monitoring, mirroring SUHAKAM’s organisational structure and work division
From the last quarter of year 2019 until April 2020, the OCC operated with only its commissioner and two officers. It began functioning is full force office since May 2020 when the OCC with three full-time officers and one staff (one officer with grade N48, two officers with grade N41 and one clerk with grade N19).
Although the OCC’s portfolio is divided into three divisions, it functions are carried out according to thematic issues instead of based on the divisions. Among the thematic issues the OCC’s current focus are on stateless children, education, child marriage, removal of reservations in the CRC, the reformation of the Child Act, alternatives to detention (ATD), sexual health education and safety at Tahfiz schools, establishment of the Children’s Consultative Council and complaints and monitoring.
Since coming into full force in May 2020, the OCC had organized numerous programmes and activities such as online dialogues and consultations with civil society organisations and government agencies in Sabah, Sarawak and Peninsular Malaysia; attended meetings with several Ministers in Putrajaya dan Kuching; and conducted monitoring visits to children welfare homes and alternative schools in Sarawak and a baby hatch centre in Petaling Jaya.
As a result of all the online dialogues and consultations, meetings and visits, the OCC had successfully forwarded all the issues and recommendations collated to the relevant Ministers for their further action. The OCC will monitor if the said Ministries have fully attended to the issues raised, and to further advocate the Government and advise ministries to give their commitment to the children’s rights issues.
The OCC’s vision by 2025, is “education for all children”. For that to be achieved, the OCC needs to ensure all children which are entitled by law to have a Malaysian’s citizenship are given such right before 2023.
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