ANNUAL REPORT 2019 53 5. CHILD ABUSE AT CHILDREN’s SHELTER/HOME IN PERAK AND PENANG In February 2019, the Human Rights Commission of Malaysia (SUHAKAM) received complaints regarding child abuse at a Children’s Home. The complaints highlighted three main issues: i. The children at the shelter are beaten by the staff using rattan canes; ii. The staff are verbally abusive to the children; and iii. Allegations that the children have been subjected to sexual abuse by the staff. As a result, SUHAKAM conducted several meetings with the home, District Police, school, hospital and Welfare Department as well as made field visits, as part of its investigation into the complaint. Findings SUHAKAM discovered that a few children were beaten. Although the staff said it was to discipline the child, the rattan caused injuries and bruises to the child’s body. Hitting a child is an offence and can be classified as a form of abuse under Section 31 (1) of the Child Act 2001: “Any person who, being a person having the care of a child— (a) abuses, neglects, abandons or exposes the child in a manner likely to cause him physical or emotional injury or causes or permits him to be so abused, neglected, abandoned or exposed; or (b) sexually abuses the child or causes or permits him to be so abused, Commits an offence and shall on conviction be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding ten years or to both.” During a meeting with District Police officers, the police confirmed that they received several reports from children who were beaten by one staff member of the children’s home. The police have completed their investigations, and the individual concerned will be charged under Section 323 of Penal Code. The Welfare Department said it received several complaints regarding the physical and sexual abuse of the children, as well as about a dispute CHAPTER 1 Children’s Shelter Home in Perak