three relate to administrative omissions. The complainants’ religion is indicated
as Muslim on their Identification Card (MyKad) based purely on the word ‘bin’
and ‘binti’ in their names.
Sarawak Office and the Office of the Children’s Commission met with YB Dato’
Seri Fatimah Abdullah, the state Welfare, Community Wellbeing, Women,
Family and Childhood Development minister, and discussed stateless children
in Sarawak and children’s rights to education.
The Office of the Children’s Commissioner (OCC) began functioning in May
2020, with three full-time officers and a clerk. In July, the OCC held three online
Consultations on Statelessness – one each for Sabah, Sarawak and Peninsular
Malaysia. For Sabah and Sarawak, there are additional issues because the
large land areas make it difficult for rural communities to reach the registration
office in the city. The recommendations to resolve the issues are outlined in
Chapter 4.
In June and September, the OCC organised several dialogues with stakeholders
and ministries, awareness programmes with villagers, and met with relevant
offices to ensure access to education for more children. The OCC followed up
by issuing a press statement to remind the Ministry of Education (MOE) not to
overlook children’s right to education in under-developed districts in Malaysia,
particularly those living in rural Sabah and Sarawak.
Due to the increasing numbers of child marriage among Muslims and nonMuslims in Malaysia, the OCC has advocated for government intervention by
amending the related laws. The OCC opines that Malaysia is ready to withdraw
all the reservations to the Convention on the Rights of the Child (CRC). The
Federal Constitution (FC) has sufficient safeguards to address any conflict of
provisions in the CRC vis-à-vis the FC. Thus, removing the reservations would
not prejudice the state, but will place Malaysia in a better position as a state
party to the CRC.
Malaysia’s Child Act 2001 (Act 611) provides the legal framework for the
government’s response to children in need of care and protection and children
in conflict with the law. The OCC advocates the Child Act be further amended
to achieve its objectives, and for the government to seek Alternatives To
Detention (ATD) of children. This includes supporting the pilot project, which
can uphold children, as a long-term effort. The OCC is committed to advising
the government to execute the National Strategic Plan to End Child Marriage
by 2030 and for amending the Education Act 1996 by ensuring a mandatory
registration for Tahfiz schools.
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ANNUAL REPORT 2020