CHAIRMAN’S REVIEW promoting greater respect for the rule of law and national cohesion, as well as encouraging development of a human rights culture throughout Malaysia. In addition, create clarity and consistency among businesses by strengthening the Government’s internal capacity to address business and human rights issues; enabling greater coherence across government departments and agencies; provide guidance to Government officials, business entities as well as other members on tasks that need to be accomplished to ensure that human rights are protected and respected; ensuring transparency and accountability, particularly on steps taken to implement the UNGP; and encouraging conformity between national human rights practices and international human rights standards. Protection and promotion of the rights of the child remained among the main focus areas for SUHAKAM in 2016. All policies, legislation and actions with an impact on children have been carefully considered by SUHAKAM, and we have advised the authorities that these must be designed, implemented and monitored in line with the best interests of the child. Within our legal system, there are still areas of concerns that remain unaddressed; and were omitted during the amendment to the Child Act 2001 last year. These include pressing issues such as child pornography, paedophilia and child marriage, among others. The Government must take concerted efforts to stem the growing abuse and exploitation of children, as current laws are inadequate and require tightening. At present, there are no provisions within the criminal laws of Malaysia to address specifically the issue of child pornography. The existing laws such as the Publications Act 1998, the Film Censorship Act 2002 and Penal Code do not address the issue of child pornography comprehensively. The Committee on the Rights of the Child (CRC Committee) when reviewing the Government’s initial report on the Convention on the Rights of the Child (CRC) expressed its concern on the absence of specific legislation against internet-related sexual offences, including child pornography and recommended that the Government consider adopting specific legislation on the obligations of internet service providers in relation to child pornography on the internet. In light of Malaysia’s obligations under the CRC and the Optional Protocol, SUHAKAM once again reiterates its call to the Government to enact specific provisions within the Child Act 2001 to address the issue of child pornography. Due to difficulties in the reporting, detection, investigation or prosecution of sexual offences against a child, a child sex offender may face little risk of being convicted under the present laws in the Country. It is for this reason that SUHAKAM has called on the Government to amend existing laws and to accord high priority to action to address all forms of sexual offences against children. As it stands, such crimes can only be prosecuted under the Penal Code as unnatural offences or inciting a child to acts of gross indecency. SUHAKAM hopes that 10 SUHAKAM ANNUAL REPORT 2016 suhakam 2new.indd 10 3/23/17 5:54 PM

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