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
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