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Amendments to Act gives Suhakam additional authority in handling human rights matters concerning children

KUALA LUMPUR: Amendments to the Human Rights Commission Act (Amendment) 2023 have facilitated the appointment of a Children's Commissioner chief and two Children's Commissioners within the Human Rights Commission (Suhakam).

Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said that these appointments enable the Children's Commissioner chief and Children's Commissioners to address human rights issues related to children.

She added that with these amendments, Suhakam gains additional authority in handling human rights matters concerning children.

"Clause 4 aims to introduce a new section, 6A, into Act 597 to provide for the appointment of the Children's Commissioner chief and two Children's Commissioners among the members of the Commission, with the function of handling human rights matters related to children.

"The tenure of the Children's Commissioner chief and each Children's Commissioner is the duration of their membership in the Commission.

"This new section also specifies that the functions of the Children's Commissioner chief and Children's Commissioners under this section shall be in addition to, and not diminish, their functions as members of the Commission," she said during the second reading of the Human Rights Commission of Malaysia Act (Amendment) 2023 in the House of Representatives today.

The amendment to the Human Rights Commission Act (Amendment) 2023 consists of 11 clauses.

Azalina said that with these amendments, the government could ensure the governance and management of human rights are effective in ensuring all stakeholders uphold and respect human rights principles in line with the MADANI principle and ensure Suhakam can fulfill its statutory responsibilities more effectively.

She said that there is no compromise in this matter, and human rights are among the government's most crucial agendas today.

Azalina explained that with the new section 6A, the Children's Commissioner chief and Children's Commissioners, in carrying out their duties, shall be subject to the direction of the Commission chairman.

In Clause 5, Section 8, she said that amendments have been made regarding the remuneration and allowances of the Commission chairman, Children's Commissioner chief, and Children's Commissioners. Remuneration and allowances are now specifically set for managing human rights matters related to children and shall be on a full-time basis.

Also amended in Clause 6 is Section 10 of the Suhakam Act related to the disqualification of Commission members, with an amendment to Section 10 stating that a Commission member can be dismissed from their position by the Yang di-Pertuan Agong after receiving the Prime Minister's recommendation, following a breach of conduct.

Meanwhile, Azalina explained that the amendment to Clause 2 allows for the amendment of Section 4 of the Suhakam Act to explicitly provide the Commission with the power to carry out its functions.

This includes the right to visit, among other places, any detention center, institution, or other places as stipulated by written law or outlined in guidelines related to the institution and place.

"This clause also aims to give additional power to the Commission in handling human rights matters related to children, namely, to receive any communication from children either directly or through any person or authority related to complaints and needs of children and to act on those complaints and needs.

"This clause also empowers the Commission to establish and adopt mechanisms and procedures to encourage the participation of children in matters concerning them," she said.

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