New national children’s policy: Promise and pitfalls

A comprehensive analysis reveals both progress and persistent challenges in Malaysia's latest approach to children's rights

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It is good to see that an updated national children’s policy was launched and shared with the country recently to improve existing policies and action plans for children.

As mentioned in the 45-page document, “it is a comprehensive policy to ensure that children have a good level of survival, protection, development, and participation, and one that includes aspects of health, education, safety and welfare”.

It is heartening to note that these policies are in line with the UN Convention on the Rights of the Child and that the best interests of the child and a family focus are emphasised. This national children’s policy has four main objectives and 16 strategic priorities to guide it.

As a policy, it is in principle welcome, but it is hard to evaluate it without the planned deliverables.

Writing a good plan is easy; the key will be in its implementation.

As page 43 notes, “A separate Action Plan to accompany this Policy will also be prepared”. We will need to see this “action plan” to evaluate several crucial aspects:

  • What are the targets set to achieve the four main objectives and 16 strategic priorities? Are they adequately detailed, comprehensive and realistic?
  • What mechanisms will be used to achieve these objectives and strategic priorities? Will adequate resources be allocated to their achievement?
  • Which agency (agencies) will be involved and take responsibility for each objective and strategic priority?
  • What is the timeline to achieve each objective and strategic priority?
  • What is the steering or oversight mechanism to monitor and drive implementation over time?
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Accountability and previous policy assessment

As we launch a new and more comprehensive national children’s policy, it is crucial to ask about the outcome of the previous national children’s policy and national children’s action plan for 2009-2015. Was there an independent external audit of that policy and action plan? Did we achieve the targets set and to what extent?

It is good governance and should be a routine activity to audit the achievements and shortfalls of an old plan before making a new one. The people of Malaysia would appreciate any audit conducted being shared publicly.

Concerns and limitations

The policy claims to cover “ALL children in Malaysia” in line with UN convention and the Child Act 2001. It speaks about inclusivity, equality or equity, non-discrimination, the best interest of the child, having equal life opportunities and other wonderful principles as the “core of this policy”.

Under non-discrimination, it is stated: “This policy applies to all children in Malaysia regardless of gender, age, race, ethnicity, disability, geography, socioeconomics and religion. However, it is subject to existing regulations and legislation that are currently in force.”

That last line means continued discriminatory policies towards some children in Malaysia, in particular, the stateless children, refugees, migrants, those in detention and possibly disabled children.

We have no meaningful or effective legislation to protect these children from discrimination.

Malaysia continues to maintain reservations to five articles of the Child Rights Convention: Article 2 on non-discrimination; Article 7 on name and nationality; Article 14 on freedom of thought, conscience and religion; Article 28(1)(a) on free and compulsory education at the primary level; and Article 37 on torture and deprivation of liberty.

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Hence this new policy maintains the status quo: some children will not be included, some children will not receive equality or equity, some children will be discriminated against.

In essence, this new policy will not be in the best interest of every child in Malaysia, and some children will fail to obtain core life opportunities like education, health, adequate nutrition and protection.

Data discrepancies

Another minor point is that, while we would like to use local data as much as possible for planning, it is important that we look at international data for some areas as it may be more accurate.

For example, on page 16, the new policy quotes childhood disability rates at 4.7% (National Health and Morbidity Survey 2016). But it has long been recognised internationally by the World Health Organization and the US Centers for Disease Control and Prevention and the UK National Health Service, that at least 10% of all children have a disability.

Children’s participation

While currently we have a few mechanisms to listen to children and involve them, they are limited and children’s opinions are not taken seriously.

The policy’s fourth objective on children’s participation is critical and must be implemented meaningfully, not as a tokenistic exercise. Children must be genuinely included in national and regional decision-making processes.

Looking ahead

While we appreciate the engagement with civil society and non-governmental agencies in planning the new national children’s policy, we look forward to holding government agencies and elected representatives accountable. The ‘Action Plan’ should be made available soon for evaluation and feedback.

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As the new national children’s policy states on its last page: “Children’s rights are our shared responsibility”.

Dato’ Dr Amar-Singh HSS is a consultant paediatrician and child disability activist.

The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.
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