Children's Commission: Include stateless kids in mandate, says MP

Bukit Bendera MP Syerleena Abdul Rashid has called for the proposed Children's Commission to also safeguard the rights and welfare of stateless children.

She said that while the government has agreed in principle to establish the Children’s Commission, she hopes that it can start the engagement and legislation process to establish the commission soon.

This is so that it can start defending the rights of Malaysian children and hopefully solve the issue of child statelessness in the country.

"In contrast to the false narrative that is often repeated, stateless children are not a security threat and they are not foreigners in the country.

"Most of the stateless children in Malaysia are children of Malaysians who have been denied their rights due to bureaucracy. Most of these stateless children face impossibly difficult bureaucratic hurdles, from intricate procedural prerequisites to an onerous burden of proof," Syerleena (above) explained.

She said that stateless children are always put in a precarious situation outside of the country’s social system.

"They are often marginalised from receiving education, healthcare services, and social welfare and these issues impact their growth negatively.

"These stateless children often grow up into individuals who are ostracised from society, denied rights to work legally and opportunities to further their education. Their potential as an individual who could contribute to the nation goes to waste," she added.

Children’s Commission Bill

Last month, Women, Family, and Community Development Minister Nancy Shukri said that her ministry has proposed appropriate punishment for abusers under the Children’s Commission Bill to be tabled in the Dewan Rakyat this October.

Women, Family, and Community Development Minister Nancy Shukri

She said as the entity responsible for safeguarding the interests of children, the bill must be implemented effectively and in line with the Child Act 2011 (Amendment) 2016.

The media also reported earlier that the bill to be presented by the Minister in the Prime Minister’s Department (Legal and Institutional Reform) Azalina Othman Said was drafted after engagement sessions with stakeholders, knowledge exchange sessions, and in-depth studies.

Syerleena said that in her policy stage debate of Budget 2024 last Monday, she had brought up the issue of child statelessness with regard to the establishment of the Children’s Commission.

"The government’s effort to clear the citizenship application’s backlog is commendable. But at the same time, the government must take proactive measures to solve the root of this problem and not just treat the symptoms of it.

"Therefore, I want to emphasise the importance for a Children’s Commission to be established with a wide mandate, composed of commissioners who are knowledgeable in children’s issues, especially regarding children’s citizenship and rights, with sufficient funds to carry out its mandate fully,” said Syarleena.

"Apart from solving child statelessness, the commission must also be empowered to protect children’s rights and welfare," she added.

Suggested roles

She proposed that the commission be established in a way that it is responsible directly to the Parliament, together with an appropriate mechanism for check and balance in Parliament, either through a Special Select Committee or through the tabling and debate of the commission’s annual report.

Syerleena also noted that the Covid-19 crisis had revealed glaring inadequacies in Malaysia's childcare and protection systems.

"The commission is tasked with ensuring children's safety from potential harm and legal injustices, eliminating child poverty, enhancing children's healthcare, and promoting an inclusive educational framework for all children.

"Additionally, the commission should address other concerns as identified by its members or as recommended by Parliament,” she said.

"It should have the authority to ensure that our legal and administrative frameworks prioritise children's rights and interests. A robust Children’s Commission should actively participate in policy development, guaranteeing that such policies cater to everyone, particularly the often-overlooked children.

"Above all, the commission should stand as the foremost advocate for children’s rights," said the first-term DAP MP. - Mkini