MARCH 12 — On Friday, the appointment of a senior lecturer at the Faculty of Law, Universiti Malaya, Farah Nini Dusuki as the Children’s Commissioner to the Human Rights Commission of Malaysia (Suhakam) was announced by Minister in the Prime Minister’s Department (Legal and Institutional Reform) Datuk Seri Azalina Othman Said.

The appointment is for a three-year term effective March 8. Azalina said the Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah had consented to Farah Nini’s appointment in accordance with Section 5(2) of the Human Rights Commission of Malaysia Act 1999 (Suhakam Act). https://www.malaymail.com/news/malaysia/2023/03/10/azalina-um-senior-lecturer-farah-nini-appointed-suhakam-childrens-commissioner/58888

This means that Farah Nini is but a member of Suhakam, only that she is a Commissioner with a clear designation and key performance indicators for the prime minister to assess her performance under Section 5(4) of the Suhakam Act.

Otherwise, she will have the same powers as her fellow Commissioners under Section 4(2) of the Suhakam Act, that is:

(a) to promote awareness of human rights and to undertake research by conducting programmes, seminars and workshops and to disseminate and distribute the results of such research;

(b) to advise the government and/or the relevant authorities of complaints against such authorities and recommend to the government and/or such authorities appropriate measures to be taken;

(c) to study and verify any infringement of human rights in accordance with the provisions of the Act;

(d) to visit places of detention in accordance with procedures as prescribed by the laws relating to the places of detention and to make necessary recommendations;

(e) to issue public statements on human rights as and when necessary; and

(f) to undertake any other appropriate activities as are necessary in accordance with the written laws in force, if any, in relation to such activities.

By comparison, Australia’s National Children’s Commissioner is a position established under Part IIAA of the federal Human Rights Commission Act 1986. A National Children’s Commissioner is appointed under Section 46MA while the functions that are to be performed by the Commissioner are set out in Section 46MB.

The National Children’s Commissioner is specifically required to:

(a) promote discussion and awareness of matters relating to the human rights of children in Australia;

(b) undertake research, or educational or other programs, for the purpose of promoting respect for the human rights of children in Australia, and promoting the enjoyment and exercise of human rights by children in Australia;

(c) examine existing and proposed federal legislation for the purpose of ascertaining whether they recognise and protect the human rights of children in Australia, and to report to the Minister the results of any such examination.

The functions and powers of the National Children’s Commissioner are further set out in Section 46MB(2)-(6).

The last subsection is of great significance as it requires the Commissioner, in performing their functions or exercising their powers, to have regards to the Universal Declaration of Human 1948 and other international conventions, as amended and in force, as well as other instruments relating to human rights as the Commissioner considers relevant.

We must hope for the same under the Suhakam Act so that the appointment of Farah Nini as the Children’s Commissioner is not just about giving more attention to various children’s issues that occur in Malaysia towards ensuring that “the basic rights, as well as the safety and well-being of children in our country, are always protected.”

The above is a must-add list to institutional reforms under the unity government.

In the meantime, we extend our best wishes to Dr Farah Nini. With over 30 years of experience in teaching and research, she should know what comparison can offer.

As Edward J. Eberle said it “can help us assess where we came from, where we are, and where we go from here.” (‘The Method and Role of Comparative Law’, Washington University Global Studies Law Review, January 2009)

So, where do we go from here? The Children’s Commissioner can be more than by name only.

*This is the personal opinion of the writers or publication and does not necessarily represent the views of Malay Mail.