Gov't told to lift objections to child rights convention

The Human Rights Commission (Suhakam) asked the government to remove the eight reservations it placed on the United Nations Convention on the Rights of the Child (CRC).

Speaking to reporters at its headquarters in Kuala Lumpur today, commissioner Raj Abdul Karim said action was not taken even after Suhakam presented the case to the government.

"We had a forum three years ago to review the reservations and to look at the reasons why the reservations were made and it is time for us to remove them," she said after launching the forum's report on Malaysia's reservations to the CRC.

The government has ratified the convention in 1995 but expressed reservations in a number clauses, including the protection of refugee children and gender equality.

In so doing, the government does not need to amend local laws in conformity with the international convention in areas where it has expressed objections.

Suhakam has send an internal document to all ministries - with special focus on those closely related to children like Education and Family, Women and Community.

"But there is no action from the government to remove these reservations," lamented Raj.

The 13-year long reservations can be construed to mean that Malaysia "either does not agree to it (the convention) or does not want to do anything about it", explained the commissioner.

In the same breath, Raj said that the retractions will not automatically improve the situation, but it will lead to the "amending of local laws, the carrying out of policies in line with the articles".

"That is why we are asking for government to ratify the convention (without reservations), because we want to make it a stronger convention to enable the country to have more policies, more programmes and give us a better ‘oomph, feel, and strength' to carry out our obligations," said Raj.

Reasons for removal

Raj, who is the chairperson of Suhakam's law reforms and treaties working group, rationalised their retractions for each of the eight reservations for these reasons:

Article 1 : Definition of a child

"Maybe the government is concerned or worried about the children of migrants or children of refugees, maybe, that is why we are holding on to this article. But the government has not put a reservation to Article 22 - which protects the rights of the children of refugees.

"Therefore, if we have not held a reservation on that (Article 22), there is no reason to put a reservation on this (Article 1), since all children should be treated equally including them (refugees and migrants)."

Article 2: Principle of non-discrimination

"The reservation of this article defeats the objective of the treaty, whereby children are to be treated equally, both formally and substantially regardless of any differences such as ethnicity, religion, sex and etc. This article extends to refugee children."

Article 7 : Rights to be registered at birth, to a name and to acquire nationallity.

"Reservation was made because the government was concerned with the rights of migrants especially the undocumented migrants and possibly asylum seekers. Not so much, I guess to a name and registration, maybe to a nationality.

"So that is an issue we need to talk about.

"Over the last few weeks, we have heard statements by the home minister (Syed Hamid Albar) on stateless children. In regards to that, we hope that government will remove the reservations and make a child to be born registered and to have a name and nationality as their basic rights."

Article 13 : Freedom of expression

"It should be no limitation for the freedom expression for children. When we talk about freedom of expression, we talk about the evolving capacity of children. With guidance from parents, care-givers, agencies, schools they should not deny the children this freedom as this comes with protection and child security.

"When children are not taught to speak freely many cases of rape and incest go unsaid. They are afraid to speak, and they suffer in silence."

Article 14 Freedom of thought, conscience and religion.

"This is also on the concern with Syariah law where children have the right to profess the religion of their choice or not.

"For this, Suhakam has been doing studies, but not conclusive yet, I mean we haven't got together and reviewed all the studies as it is taking longer than expected. There are several studies ongoing including gathering the Islamic viewpoints, from certain professors and academicians that are looking into the integration of all this.

"The commission will also study this from the non-Islamic viewpoints and hoping by the end of the year, we will piece up all the research and come with a clearer stand."

Article 15 : Freedom of association and assembly

"When discussed within the context of children, freedom of association and assembly require that children be given the liberty to express themselves and to be creative an critical. This in turn would encourage the development of skills and cultivation of well-rounded individuals."

Article 28 (1)(a): Right to primary education

"Education is a basic human right and we are look at it seriously. Primary education is still not free where we still have other deals to pay for example computer fees, extra curricular fees and library fees.

"We are looking at a completely free education and easy access to education for marginalised group, and children who live in remote areas such as Orang Asli and Penan. Education Ministry should look at this seriously."

Article 37: Criminal justice system for children

"The article prohibits a child from being sentenced to capital and life imprisonment, as well as other torturous punishment.

"Secondly, when a child is deprived of liberty, it must be in conformity with existing laws and when other mechanisms of law have been exhausted.

"Thirdly, when a child is deprived of liberty, he or she is not to be grouped with the adults and must be allowed family visits. Finally the child is granted access to legal aid and an impartially trial."

Change before year-end

Raj urged the government to make the retractions before Suhakam sends its report to the UNCRC - at the end of this year.

"We are hoping by launching this report, more people will have the reasoning behind our calls to remove the reservations and by the time the government presents its report to the UNCRC committee, we will be in a better position," she added.

Suhakam first presented its convention report to UNCRC committee in October 2006 and the government presented its report in January 2007.