MP SPEAKS | Minding the minders

MP SPEAKS | What a week it has been for Malaysia. We have watched blatant cruelty unfold before our very eyes, which forces all Malaysians to rethink - where do we stand when it comes to humanity, basic human rights, dignity, and morality?

The case of a girl with Down syndrome known as Bella calls for attention to the rampant child abuse happening in the country. On average there are 17 children abused daily in Malaysia, a figure that is based on reported cases. The real figure is hidden below the tip of an iceberg.

Abuse cases in facilities entrusted to care for vulnerable children are more likely to go unreported, and this includes children attending unregistered and unregulated religious schools in many parts of the country.

Some welfare and informal educational institutions simply fall through the cracks of government regulations and monitoring.

The abuse, neglect and irresponsible behaviours toward children and other vulnerable populations in these facilities have given rise to a pertinent question – who is minding the minders?

I welcome the prime minister’s announcement recently on the formation of a special cabinet committee with the purpose to protect vulnerable populations. Kudos to the government for initiating this inter-ministerial committee and I hope that they will take this opportunity to conduct a rapid assessment to review existing governance, implementation, and monitoring systems.

I take this opportunity to once again advocate for the Office of the Child Commissioner (OCC) to be truly independent financially and administratively and report directly to Parliament. Parliament should allocate one day in every session to debate OCC’s and Suhakam’s report and findings.

Human rights violations affect economic growth

Why should we care about human rights? Why do we need to amend archaic laws and ratify international treaties such as the remaining six core United Nations treaties? My answer lies in the word “development”.

Malaysia can’t stay out of the radar forever, as investors are using ESG (environmental, social, and governance), a marker that is directly linked to investment performance. Having a strong ESG proposition translates to cost reduction, sustainable equipment, subsidies, government support and motivated employees. These factors translate into economic impacts and growth for the company.

Whether we like it or not, the Covid-19 pandemic, war and global uncertainties have reshaped the global trade market. The US Treasury Secretary Janet L Yellen stated that US trade relationships are based on working with “trusted partners”, even if it meant higher costs for businesses and consumers.

By now, we should clearly understand that our economic goals cannot be achieved without working on our “carbon credits”, as much as our “human rights credits”.

Who are the minders?

Human rights protection requires a whole-of-society approach, in other words, it is a communal responsibility. All of us have a duty of care towards other human beings (and animals too, for that matter).

What is the point of drafting protective laws if they are not enforceable? We have a whole range of laws, from criminal, family and election to religious laws - all closely knitted to uphold the rule of law, democracy, and human rights.

If you have knowledge of a child being abused or a domestic worker being starved to death, you have a duty of care to report the perpetrators to the relevant authority. To remain a silent bystander is dangerous.

Unreported cases of human rights violations have led to unfathomable fatalities. And for each case that goes unreported, justice is denied.

The legislative, judiciary and executive play distinct but interrelated roles in upholding human rights for all, and one branch could not do it without the other.

The executive should always bear in mind that no one is above the law, that they’re accountable not only under the Constitution via ultra vires doctrine, but also judicial review and tort of misfeasance, and are answerable to Parliament, the judiciary, and the people.

The judiciary is equally important, and shall always remain independent, to be able to exercise its discretion with due consideration and care as well as exercise judicial activism without fear.

Parliament must be the “watchdog” for human rights violations. Lawmakers should mainstream human rights narratives in the day-to-day debates in Parliament. It is our responsibility to elevate protection accorded by the laws and be mindful that every stakeholder involved in the subject matter will play a bigger role in the protection, with heightened liability and duty of care.

Constant review, amendments, and even the introduction of new legislations are needed to ensure that these protective laws are adequate and effective. Never underestimate the ripple effect when issues pertaining to human rights violations are brought up, investigated, and discussed by the Dewan Rakyat within.

To my fellow MPs, let us be constantly reminded of our duties as lawmakers. Even though we are from different political parties with different ideologies, we must stand united with one voice and without fear or favour when it comes to human rights issues.

We may be limited in our capacity to influence what happens at the implementation level of government; however, we do have the power to initiate top-down actions with necessary legislative changes, ensuring that laws are executed in the best interest of the rakyat. We can also identify duty bearers and hold them accountable for their actions, through the laws we make.

I urge MPs to submit as many new laws as possible via private member’s bills. Don’t worry about it being rejected by the government on grounds of time or costs. Don’t worry if it may be unpopular among our peers. Worry more when we are among aloof, narcissistic, and merciless lawmakers. Life is too short. Salam Ramadan.

AZALINA SAID OTHMAN is the Pengerang MP.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.