New National Children’s Policy: Thoughts and concerns

IT is good to see that an updated National Children’s Policy was launched and shared with the country on Sunday 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 United Nations Convention on the Rights of the Child (UNCRC) and that the best interests of the child and a family focus is 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. It is not difficult to write a good plan; 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 the following:

1. What are the targets set to achieve the four main objectives and 16 strategic priorities? Are they adequately detailed, comprehensive and realistic?

2. What are mechanisms that will be used to achieve these objectives and strategic priorities? Will adequate resources be allocated to their achievement?

3. Which agency (or agencies) will be involved and take responsibility for each objective and strategic priority?

4. What is the timeline to achieve each objective and strategic priority?

5. What is the steering/oversight mechanism to monitor and drive implementation over time?

As we launch a new and more comprehensive National Children’s Policy, it is crucial to ask what was the outcome of the National Children’s Policy and the National Children’s Action Plan 2009-2015?

Was there an audit – preferably 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 achievements and shortfalls of an old plan before making a new one. I am sure all of us in Malaysia would appreciate that any audit conducted is shared publicly.

Finally, some concerns about the new National Children’s Policy.

It is said in the policy that it covers ALL children in Malaysia in line with UNCRC aspirations and Child Act (2001). It speaks about inclusivity, equality/equity, non-discrimination, best interest of the child, having equal life opportunities and other wonderful principles as the “core of this policy”.

However, under non-discrimination it states, “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 that we will continue with existing discriminatory policies towards some children in Malaysia, in particular the stateless, refugees, migrants, those in detention, and even possibly the disabled.

We have no meaningful or effective legislation to protect these children from discrimination and Malaysia continues to maintain reservations to five articles of the CRC: 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.

Hence this new policy maintains a status quo and some children will not be included, some children will not receive equality/equity, and 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.

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 National Children’s 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 Organisation and Centers for Disease Control and Prevention (United States) and National Health Service (United Kingdom) that at least 10% of all children have a disability.

Finally, 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, which focuses on children’s participation, is critical to implement in a meaningful and sustainable way and not as tokenism. We must include children in our national and regional decision-making and policy processes.

While we are delighted with the engagement with civil society and non-governmental agencies in planning the new National Children’s Policy, we look forward, as a maturing society, to hold our government agencies and elected representatives accountable for these plans and policies. The ‘Action Plan’ should be made available soon for evaluation and feedback.

As the new National Children’s Policy states on the last page, “Children’s rights are our shared responsibility”.

Dato Dr Amar-Singh HSS

Consultant paediatrician, child-disability activist