CHAIRMAN’S REVIEW
robust and specific laws to protect children from all forms of sexual violence and
abuse will be immediately put in place; including laws that will assist the police,
prosecutors and enforcement agencies to pursue, disrupt and bring to justice
those who attempt to sexually groom children online.
Unilateral religious conversion of children continued as a subject of passionate
debate this year. It has surfaced again and again in the political realm, in the
media and within the Courts. In 2016, the discussions attained a new climax
when the Government announced amendments to legislation, in particular
the Law Reform (Marriage and Divorce) (Amendment) Bill 2016, to prevent
the unilateral conversion of a child. The amendments in SUHAKAM’s view will
establish coherent and consistent standards for reconciling the principle of the
best interests of the child with the Constitutional rights of parents in the exercise
of their freedom of religion as both parties in a civil marriage shall give consent
for their child to be converted to Islam. SUHAKAM also supports the proposal that
a child shall keep their religious affiliation, so that he or she can freely decide his/
her faith, according to belief, when he/she attains the age of majority (18 years).
Considering that it is essential to promote understanding, tolerance and respect
in matters relating to freedom of religion and belief, SUHAKAM stresses that the
issue of unilateral conversion of children in Malaysia and the many obstacles to
the full enjoyment of the right to freedom of religion must be quickly resolved
by Parliament. Members of Parliament have a responsibility to examine existing
laws and amend or repeal any that are discriminatory, inequitable or archaic,
and SUHAKAM hopes that Parliament will quickly address this pending issues of
national interest.
Child, early and forced marriages are universal problems that cut across countries,
religions, cultures and political regimes. As this practice is a human rights violation
that compromises a girl’s development by resulting in early pregnancy, interrupting
her education, limiting her opportunities for career advancement and placing
her at increased risk of domestic violence, SUHAKAM endorsed the proposal by
the Ministry of Women, Family and Community Development (MWFCD) this year
to increase the minimum age for marriage to 18 for Muslim girls in the country.
This complies with the Child Act 2001, which defines children as those below
the age of 18. While there have been commendable efforts by the Ministry to
discourage the practice and to raise awareness on the adverse consequences
of child marriage, on the law-making front, Parliament has not performed to
expectation. While Parliaments should involve NHRIs in the legislative processes,
including by inviting them to give advice about the human rights compatibility of
proposed laws and policies, SUHAKAM is yet to be consulted.
Over the last year, SUHAKAM has continued to work with its international
partners including the Commonwealth Forum on National Human Rights
Institutions (CFNHRI); Asia Pacific Forum of National Human Rights Institutions
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