The government today defended its reservations on the UN Convention of the Rights of the Child (CRC), arguing that children's rights in the country are adequately protected by current laws.

However, National Unity and Social Development Minister Siti Zaharah Sulaiman conceded that there is still room for the government to improve on the implementation of the Child Act, a law which was passed in 2001 in accordance to the government's international obligation after signing the convention.

The minister also expressed satisfaction with the status of Malaysia's reservation on eight articles of the convention, on grounds that the articles are "not in accordance with the federal constitution, and national policies and legislation."

"At the international level there has been a shift from a 'needs-based' approach to a 'rights-based' one," she said in her speech at the start of a two-day dialogue related to Malaysia's commitments under the CRC, organised by the Malaysian human rights commission Suhakam.

Her speech was read by parliamentary secretary to the ministry S Veerasingam.

"Nevertheless, in our efforts to forward the rights of children, we should not forget to educate the young on their responsibilities, as both 'rights' and 'responsibilities' are complementary."

Since signing the international convention in 1995, Malaysia has withheld ratification of the right to non-discrimination, right to nationality, freedom of expression, freedom of thought and religion, freedom of association, right to free primary education, and right to legal protection and protection from capital punishment, among others.

"We should remember that national laws and policies are superior (over international obligations)," said Siti Zaharah.

However, she said that the ministry will review the said articles from time to time, and will take action to withdraw Malaysia's reservations where they do not contradict domestic legislation.

Optional protocols

While the country maintains its reservations, Siti Zaharah said the government will nevertheless consider Suhakam's recommendation to sign two optional protocols under the CRC.

The first outlaws child prostitution and pornography and compels states to protect children traded for prostitution. The second optional protocol calls for the protection of under 18-year-olds from recruitment into armed conflicts.

"I look forward to the discussions on this matter, for use as input into the government's future consideration," she said.

In a press conference later, Veerasingam said the ministry would look forward to hearing recommendations that go beyond the law, such as policies to improve rehabilitation-oriented the social services and psychiatric services for children.

"The Child Act is already adequate in most cases. We should focus more on implementation," he said.

Advance children's rights

Meanwhile, Suhakam commissioner Ranita Hussein said the first of this dialogue on the CRC is aimed at engaging civil society, academics, and government in a discourse on local policies and practices that impact children.

"In Malaysia our children are fortunate enough not to have been victims of war and armed conflicts. Nonetheless, there are other challenges facing us - in terms of our children's survival, protection, education and development," she added.

Despite Malaysia's broad reservations to the convention, the conference will be using the rights accorded under the CRC as a minimum yardstick, as basis to make recommendations to progress domestic policies and legislation.

Six themes will be analysed during the roundtable discussions today, with the recommendations revealed during conference close tomorrow.

They are: right to life, with particular attention to HIV/Aids issues; right to development and education; right to participation; right to protection; domestic legislation and CRC reservations; and the impact of the criminal justice system and the syariah on children.

It is hoped that the discussion would contribute towards Malaysia's country report to the UN Committee on the Rights of the Child, said Ranita.

"It is our responsibility to ensure that every child is brought up in an environment where freedom, justice and peace flourish," she added.

Weak compliance

The CRC is the most widely ratified UN convention - all member states have signed the instrument with the exception of Somalia and the United States.

Despite the achievement, UN commissioners have expressed concern that states have failed to comply with the standard set by the treaty.

"Having rights on paper means little or nothing when they are not known about or cannot be enforced," proclaimed UN commissioner and ombudsmen during the recent UN General Assembly Special Session on Children in 2002.

The Malaysian Child Act is meant to be a comprehensive law spelling out protection for children and it supercedes three previously separate legislation - the Juvenile Courts Act 1947, Women and Young Girls Protection Act 1973 and Child Protection Act 1991.

Under the Act, children over the age of 14 can be caned and imprisoned, but the CRC bans all jailing and corporal punishment of under 18-year-olds. (Malaysia holds reservation on the UN definition of children as 18 years and below.)

The law is also silent on a number of other issues requiring special protection, such as child pornography traded over the internet and deportation of migrant children.

Among other things, the Act cover child abuse - both physical and sexual - and provides for protection and rehabilitation of those under the age of 18. It also establishes the formation of a children's court.

It also stipulates the punishment for ill-treatment, neglect, abandonment - a maximum fine of RM20,000, up to ten years imprisonment, or both.