KUALA LUMPUR, March 8 — The government has agreed to amend the Sexual Offences Against Children Act 2017, Child Witness Evidence Act 2007 and the Evidence Act 1950.
This decision was made on February 24 and will be implemented in two phases, said Law and Institutional Reform Minister Datuk Seri Azalina Othman Said.
“For the first phase, there are three proposed amendments to be made to the Sexual Offenses Against Children Act and three proposed amendments will also be made to the Child Witness Evidence Act 2007 in this [Parliament session].
“Meanwhile, the second phase will be implemented at the next Parliament session after further engagement sessions with relevant parties,” Azalina told the Parliament today during her winding-up speech on the Budget 2023.
Citing the international index called Out of The Shadows, Azalina said Malaysia is ranked 23 out of 60 countries in response to the threat of child sexual exploitation and abuse (CSEA) with a total score of 56.9 behind regional peers such as Indonesia (68.1), Thailand (58.7), Philippines (58.4) and Vietnam (58.4).
“Therefore, proactive steps should be taken to improve Malaysia’s position based on international standards,” she said, adding that based on police statistics, a total of 5,350 victims of child sexual crime have been reported from April 2017 until 2022.
Although the Sexual Offenses Against Children Act 2017 came into effect on July 10, 2017, after the Act was enforced for five years, there were several gaps and challenges in the law that needed to be reviewed and revised to ensure smoother implementation so that the purpose and aspirations of the Act can be achieved, Azalina said.
“This is also to ensure that criminal justice against children can be empowered and provided in a more holistic protection to victims or witnesses through the legal system,” she added.
As for the Child Witness Evidence Act 2007 which provides for matters relating to child witness testimony in 2007, this Act, Azalina said has never been for 16 years.
“As technology develops and modern methods of abuse are formed both online and offline, therefore existing laws need to be amended to address, prevent and punish abusers who use such modern methods.
“Apart from that, the Government also need to ensure that every child victim’s access to the justice system is safe, easily accessible and that the best interest of the child is prioritised,” she said.
She further explained that the Special Select Committee (JKPK) on Women, Children and Social Development Affairs which was established in November 2020, found that among the issues that have been raised repeatedly included increasing cases of sexual crimes against children.
“Among the reasons that contribute to the increase in cases include the delay in the handling and conviction of cases of sexual crimes against children which causes a deficiency in terms of the preventive effect of the law,” she said.
On a separate matter, Azalina said the government will propose for the Political Funding Bill to be referred to the Special Select Committee.
She said this will allow all MPs to give their views on the Bill and these views will be taken into account.
“Following the political developments after the 15th general election, the political landscape in Malaysia has also experienced some changes where there are new political coalitions.
“Therefore, the engagement session needs to continue to get feedback from political parties and stakeholders, so that the Bill to be enacted is inclusive and comprehensive.
“Apart from the Political Funding Bill, the government will also take into account existing practices and legislation to address the issue of political funding among them the Malaysian Anti-Corruption Commission Act 2009, Electoral Offenses Act 1954, Registrar of Societies Act 1966 and Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
