KUALA LUMPUR, Nov 27 — The Human Rights Commission of Malaysia (Suhakam) Amendment Act 2023 will pave the way for an Office of the Children’s Commissioner (OCC).
Suhakam Children’s Commissioner Farah Nini Dusuki said the proposed amendments to the Act are a great step forward for the OCC.
“This is a great step for a children’s commission, because before this, there wasn’t one at all.
“I would like to focus on that. I think this is a great milestone for children’s rights,” Farah said when met after a briefing session with MPs and Senators here at the Parliament building today.
Amendments to the Act include inserting a new section — Section 6A.
Section 6A, subsection (1) says the Yang di-Pertuan Agong “shall designate from amongst the members of the Commission (Suhakam) appointed under Section 5, a Chief Children’s Commissioner and two Children’s Commissioners to deal with human rights matters relating to children”.
Subsection (2) says the term of office of the chief children’s commissioner and the children’s commissioners “shall be their period of membership in the Commission”.
Subsection (3) says the functions of the chief children’s commissioner and the children’s commissioners under this section “shall be in affliction to, and not in derogation of, their functions as members of the Commission”.
Subsection (4) says in carrying out their functions, the chief children’s commissioner and the children’s commissioners “shall be subjected to the direction of the chairman of the Commission”.
When asked if this would give teeth to the children’s commissioner, Farah said the amendments are acceptable for now.
“In terms of functionality, I think it’s acceptable, because it’s a win-win situation, to be honest.
“Because now, I can focus on the issues, and I can get help from Suhakam.
“If we have two more commissioners and a bigger budget, I think it is doable,” she said.
She added that with the proposed amendments, she is hopeful that the OCC will get its statutory recognition.
“We have to get this statutory recognition. Before this, we don’t have (that).
“So if there is a change of government and the new government thinks ‘let’s all have a general (commission) like before, you don’t need a Children’s Commission’, then they can just dispose of the Children’s Commission,” Farah said.
In addition, Farah stressed that the OCC has no overlapping responsibilities with existing bodies.
“That’s why I wanted to stress earlier that there are no overlapping or executive functions.
“Under the law, we don’t have that role. At the moment, there is that misunderstanding,” she said.
The Suhakam Amendment Act was tabled for its First Reading today by Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said, while its Second Reading will also take place this Parliament session.
