Developing a Child Protection Policy

Developing a
Child Protection Policy
Seri Paduka Baginda
Raja Permaisuri Agong Tuanku Nur Zahirah
The aim of this booklet is to give readers an insight into the development of a Child Protection Policy. It is not to be regarded as a
template or to be followed in totality. Due consideration should be given to ensure that individualised policies are developed to
meet the specific needs of different organisations.
Content
Foreword by
YABhg Datin Paduka Seri Rosmah Mansor 6
Foreword by
YB Senator Dato’ Sri Shahrizat Abdul Jalil
7
Message from
YBhg Dato’ Seri Ahmad Zubir Murshid
8
Sime Darby’s Corporate Child Protection Policy Statement
9
Developing a Child Protection Policy
Sample Statements for a Child Protection Policy
13 -19
Glossary of Common Terms
21 - 23
References
11
25
Foreword by
YABhg Datin Paduka Seri Rosmah Mansor
Our children are the jewels of the nation. Given the opportunity to blossom, they would be able to grasp new concepts and allow
ideas to develop, and this would stand them in good stead as they grow up to become mature and responsible individuals. We are
moving towards becoming a nation that recognises potential and gives that potential room for growth.
To be able to give as many children this opportunity, the environment in which they grow up which encompasses the home, school
and the society must be suitable and safe. An honest assessment would reveal that there is still much that needs to be done in
relation to creating a safer and more conducive environment for our children.
Therefore, I am pleased that Sime Darby has taken the lead in formulating its Corporate Child Protection Policy. It is a commendable
effort and it shows that Sime Darby is committed and serious in ensuring that its environment is developed to be even more child
friendly and safe as it progresses.
This also complements the other efforts undertaken by the Government and non-profit organisations well. At PERMATA for
example, our focus is on holistic development. Our mission is to nurture and develop each child to become the next generation of
thinking, caring and well-balanced leaders of tomorrow. This is only possible if other factors such as having a safe and conducive
environment in which true potential can flourish are present.
As such, I fully support Sime Darby’s Corporate Child Protection Policy programme and pray for the continued success of its
endeavours. I hope that this will be the precursor for the involvement of many more corporate citizens in our combined efforts as it
is everyone’s responsibility to keep our children safe. We are after all one nation, one people, one Malaysia.
Datin Paduka Seri Rosmah Mansor
6
Developing a Child Protection Policy
Foreword by
YB Senator Dato’ Sri Shahrizat Abdul Jalil
Child protection is an issue that is of concern to every individual in this country. Corporations play a particularly crucial role in
safeguarding the welfare of children through the development and institutionalisation of internal policies that breathe life to
national policies. Sime Darby has embraced this challenge and responsibility by launching its Corporate Child Protection Policy
today and I wish to congratulate them wholeheartedly on their effort.
Sime Darby’s effort to promote child protection through its Corporate Child Protection Policy is a credible effort within the
framework of our “Caring and Developed Society” agenda, which is part of the Vision 2020 masterplan. It is evident that they too
share the Government’s vision to develop a future generation that is happy, healthy and progressive.
At the Ministry of Women, Family and Community Development, part of our mandate and one of our key responsibilities is to promote
and ensure the availability of a protected environment for children, one that is free from violence, abuse and discrimination. In line
with this, we have introduced the National Child Policy and the National Child Protection Policy. The latter, which was launched by
the Ministry in 2009 was also meant to be a bedrock for greater activation and participation from all sections of the community.
This commendable initiative by Sime Darby will inspire other corporations to take up the challenge of child advocacy at the
community level. Children are our future and investments made in a child have positive ramifications for the long term.
Senator Dato’ Sri Shahrizat Abdul Jalil
Minister of Women, Family and Community Development
Developing a Child Protection Policy
7
Message from
YBhg Dato’ Seri Ahmad Zubir Murshid
Assalamualaikum warahmatullahi wabarakatuh,
Our utmost gratitude goes to Her Majesty, Seri Paduka Baginda Raja Permaisuri Agong Tuanku Nur Zahirah for her presence and
endorsement of this booklet.
Our sincere appreciation also goes to YABhg Datin Paduka Seri Rosmah Mansor who has tirelessly championed the cause of
children.
We would also like to express our gratitude to YB Senator Dato’ Sri Shahrizat Abdul Jalil and the Ministry of Women, Family and
Community Development for establishing the National Child Protection Policy on which we have based this document.
Dear Readers,
At Sime Darby, we work hard each day to bring meaning to our promise to Develop Sustainable Futures. We understand that with
size and presence come the responsibility to lead by example. As such, we have sought the advice of experts and embarked on this
programme with one key objective in mind – to help ensure that the leaders and custodians of the future have a safe environment
to help them flourish.
Sime Darby’s Child Protection Policy programme is a long term commitment. While our Plantation division is spearheading it for the
Group, we will also ensure that all our business operations adhere to a code of conduct that is child safe.
Of course, the journey has just begun. As we progress, I am sure we will face many challenges but when something is this worthwhile,
obstacles will not stand in our way to ensure that the children of Sime Darby have a secure future.
This booklet is our effort to share best practices with the Malaysian public. You will be able to find a copy of it on our website. It is
hoped that the contents within will help other organisations and individuals formulate their own policies and programmes. This will
help set the stage for a better nation not only for our children but also for the generations of the future.
Yours sincerely,
Dato’ Seri Ahmad Zubir Murshid
President & Group Chief Executive
Sime Darby Berhad
8
Developing a Child Protection Policy
Sime Darby’s Corporate Child Protection
Policy Statement
Sime Darby Berhad is a responsible corporate citizen that advocates the safety and wellbeing
of all children. It respects and upholds the Malaysian Government’s Child Protection Policy
and supports international and local conventions which demand that children receive
protection against any and all forms of abuse and exploitation. Sime Darby Berhad upholds
the indivisible rights of children and will act without hesitation to ensure a child-safe
environment is mantained within its organisation and operations.
Developing a Child Protection Policy
9
we worry about what a child will become tomorrow,
yet we forget that he is someone today. ~ stacia tauscher
image from sime darby csr archives
10
Developing a Child Protection Policy
developing a Child Protection Policy
Have a policy statement that summarises the vision and mission of the organisation.
Include definitions of key terminology. Alternatively, develop a glossary of common terms for easy
reference.
State the scope and applicability of the policy as this will impact enforcement and operationalisation.
Clearly state the objectives of the policy.
Include guiding principles as reference.
Ensure that the commitment statements are realistic.
Explain how the policy works with other existing policies where applicable (e.g. Screening and
Recruiting Processes, Internal Security Procedures).
Include reporting procedures. Develop a simple flow chart for easy reference.
Include clear steps on communication procedures.
Establish a review period.
Developing a Child Protection Policy
11
there are no seven wonders of the world in the eyes of a child.
there are seven million. ~ walt streightiff
image from sime darby csr archives
12
Developing a Child Protection Policy
Sample Statements for a Child Protection Policy
Policy Statement
[Insert name of organisation] respects and upholds the Malaysian Government’s Child Protection Policy and supports
international and local conventions which demand that children receive protection against any and all forms of abuse
and exploitation. [Insert name of organisation] upholds the indivisible rights of children and will act without hesitation
to ensure a child-safe environment is maintained within its organisation and its operations.
Scope of Policy
The Child Protection Policy applies to all [Insert name of organisation] employees. This will include those who are
working for [Insert name of organisation] on a contractual, voluntary/unpaid basis.
Purpose of the Child Protection Policy
The Child Protection Policy, is integral to [Insert name of organisation] commitment to protect children from harm,
abuse and exploitation.
The Child Protection Policy aims to:i educate [Insert name of organisation] employees about abuse and exploitation of children and, promote a child-safe
and a child-friendly culture where every individual is committed to keeping children safe;
ii create an open and well-informed environment where the wellbeing and protection of a child is paramount and any
concerns can be raised and managed efficiently and fairly; and
iii provide a framework to work respectfully and effectively with children to create a safe environment and on how to
respond to concerns and allegations of child abuse and exploitation.
[Insert name of organisation] has initiated policies and procedures, which promote the wellbeing and protection of all
children accessing its services and programmes, in particular to minimise the risk of abuse to children.
Developing a Child Protection Policy
13
Guiding Principle
[Insert name of organisation] believes that:
i all forms of child abuse and exploitation is unacceptable and should not be tolerated;
ii the rights of children should not be violated, and [Insert name of organisation] is obligated as far as possible to
provide safe and protective services and environments; and
iii all children should be equally protected and assisted regardless of their age, gender, nationality, religious or
political beliefs and family background.
[Insert name of organisation] observes the United Nations Convention on the Rights of the Child (CRC), the universal
foundation for child protection, which includes the fundamental principle that all children have their own indivisible
rights.
[Insert name of organisation] will, where required, take proactive steps to create child-safe and child-friendly
programmes.
[Insert name of organisation] believes in utilizing the Best Interests of the Child principle to all decisions made for the
welfare and protection of children. Best Interests of the Child refers to decisions where the child receives the maximum
benefit possible from services provided, and that the positive impact of any course of action outweigh any negative
impact.
Non-compliance by an employee to local and/or international laws, which include regulations on child protection, will
lead to necessary actions being taken against the employee. As child abuse and exploitation is a criminal offence, the
transgression will be dealt with according to the law.
Coordination of Policy Implementation
Designated Child Protection Officers/teams within [Insert name of organisation] and its operating units will be in
charge of overseeing the implementation and compliance of the Child Protection Policy. For subsidiary operations,
this responsibility will be with ... (insert relevant organisations/ departments here).
14
Developing a Child Protection Policy
Strengthen Internal Recruitment and Screening Process
Unless otherwise prohibited by law, [Insert name of organisation] will put in place appropriate measures to ensure that
inappropriate persons are not employed by [Insert name of organisation]. The current processes that are in place are
to be reviewed and improved periodically where necessary. These may include, e.g. background checks on successful
candidates before they are granted employment.
Internal Procedures for Handling Complaints Related to Child Abuse
In line with [Insert name of organisation] procedures, it is mandatory for any employee to immediately report concerns
relating to child abuse, child pornography or any other exploitation committed by anyone covered under the Child
Protection Policy.
(Insert reporting process here) Example of reporting process included on the next page.
Developing a Child Protection Policy
15
Flow Chart Representation:
Any employee, individual witnesses or victims
(including minors and children)
WHO SHOULD
REPORT?
WHAT DO I
REPORT?
• Concern regarding the behaviour, action or conduct of a staff
member, board member, contractor etc.
• Disclosure, suspicion, concern or allegation of child abuse and
exploitation
• A breach of the Code of Conduct
WHO DO I
REPORT TO?
Child Protection Officer
(to be designated by organisation)
[Insert name of organisation] makes
a confidential report and includes
chronology of events and if
required refers to / consults:
WHAT HAPPENS
NEXT?
Report to HR-IR
Internal Process
• Person in charge to call for
Emergency Meeting
• Domestic Inquiry
• Action/ decision taken based on
facts of the case as necessary
(suspension, etc.)
Police and/or Social
Welfare Department
e.g. report of suspected
child abuse
Outcome decided – handled by Police or Social Welfare Department /
hospital / ongoing monitoring / performance review and grievance
proceedings
FOLLOW UP
Follow up with child or young person, parents/caregivers and relevant
staff member or volunteer by [Insert name of organisation] Child
Protection Officer. The child or young person can also be referred to
support services or counselling. [Insert name of organisation] Child
Protection Officer to conduct debriefing session if necessary.
One generation plants the trees; another gets the shade.
~ Chinese Proverb
image from sime darby csr archives
Developing a Child Protection Policy
17
Mandatory Reporting
It is incumbent upon all of [Insert name of organisation] employees to notify the [Insert name of organisation] Child
Protection Officer or inform any Social Welfare Officer in the nearest state Social Welfare Department (SWD), if they
have reasonable grounds to believe that a child is physically or emotionally injured as a result of being ill-treated,
neglected, abandoned or exposed, or is sexually abused. In Malaysia, this is required by law under sections 27(1),
28(1), 29(1) of the Child Act 2001.
Reporting Mechanisms
[Insert name of organisation] designated Child Protection Officer will respond with the appropriate action to any report
that has been made towards any employee.
18
•
[Insert name of organisation] will not dismiss a child’s accusation of abuse without a thorough and appropriate
investigation, no matter who the alleged perpetrator is.
•
In response to an allegation and depending on where the transgression took place, the Child Protection Officer
will first inform Human Resources – Industrial Relations.
•
The allegation will be kept confidential, with only those directly involved having the relevant information and/or
having access to the relevant information.
•
Any investigation will be kept confidential.
•
If the child involved is in need of extra protection, [Insert name of organisation] will confer with the relevant
authorities, agencies and organisations to ensure the provision of the necessary assistance.
•
All facts and evidence related to the investigation and allegation will be recorded carefully, chronologically and
confidentially filed by [Insert name of organisation].
•
If a foreigner is involved, the relevant Embassy/ High Commission/ Consular Office will be informed.
•
[Insert name of organisation] through the advice and purview of the Communications & Corporate Affairs
Department will designate a media and public liaison officer if necessary.
Developing a Child Protection Policy
Appropriate Use of Communications Systems
The usage of the [Insert name of organisation] communication systems, including computers and telephones to access
child pornography or any other inappropriate content is strictly prohibited.
(Refer to existing policy/guideline if any).
Child Protection Strategies into Risk Management Procedures
Appropriate procedures to assess the risk of child abuse must be incorporated to all pre-activity evaluations to ensure
efficient and effective risk management strategies. Under the Child Protection Policy, [Insert name of organisation]
is responsible to assess, identify, monitor and manage all risks of child abuse before, during and after any relevant
activity.
Management of Risks to Children in Disaster Situations
Where this applies, [Insert name of organisation] employees will comply with international conventions on child
protection in disaster response activities initiated and/or conducted by [Insert name of organisation].
Enhancement of Codes of Conduct
All [Insert name of organisation] employees must adhere to the Code of Conduct which sets clear standards for personal
behaviour. (Refer to own organisational Code of Conduct if any).
Review of Child Protection Policy Handbook
This Child Protection Policy will be reviewed every 2 years or earlier if warranted.
Developing a Child Protection Policy
19
if we don’t stand up for children,
then we don’t stand for much. ~ marian wright edelman
image from sime darby csr archives
Glossary of Common Terms
Child
In accordance with the United Nations Convention on the Rights of the Child (CRC) and Child Act 2001, a child means
a person under the age of 18 years.
Physical Abuse
According to the Child Act 2001, physical abuse is substantial and observable injury to any part of the child’s body
as a result of the non-accidental application of force or an agent to the child’s body that is evidenced by, amongst
other things, a laceration, a contusion, an abrasion, a scar, a fracture or other bone injury, a dislocation, a sprain,
haemorrhaging, the rupture of a viscous membrane (the layer between solid or liquid or connective tissues), a burn, a
scald, the loss or alteration of consciousness or physiological functioning or the loss of hair or teeth.
Emotional Abuse
According to the Child Act 2001, emotional abuse is substantial and observable impairment of the child’s mental or
emotional functioning that is evidenced by, amongst other things, a mental or behavioural disorder, including anxiety,
depression, withdrawal, aggression or delayed development.
Sexual Abuse
According to the Child Act 2001, sexual abuse is the participation of a child whether actively, partially actively and/
or as an observer in any activity which is sexual in nature for the purposes of any pornographic, obscene or indecent
material, photographic, recording, film, videotape or performance; and sexual exploitation by any person for that
person’s or another person’s sexual gratification.
Neglect
Neglect is the persistent and/or severe neglect of a child or the failure to protect a child from exposure to any kind
of danger, including cold and starvation, or extreme failure to carry out important aspects of care, resulting in the
significant impairment of the child’s health of development, including non-organic failure to thrive, begging and child
labour.
Developing a Child Protection Policy
21
when i approach a child, he inspires in me
two sentiments; tenderness for what he
is, and respect for what he may become.
~ louis pasteur
image from sime darby csr archives
22
Developing a Child Protection Policy
Child Exploited for Sexual Purposes
According to the Child Act 2001, child exploitation for sexual purposes occurs if a child is threatened or intimidated
for purposes of prostitution or for purposes of having sexual intercourse with another or for any immoral purpose.
Child Trafficking
Child trafficking is the unlawful transfer or possession, custody or control of a child. A child may not be wholly or
partly, temporarily or permanently used as an object for any valuable consideration. Child trafficking constitutes the
import of a child under false pretences or representation, fraudulent or deceitful means either within or outside the
legal jurisdiction of [Insert host country] including bringing or assisting a child into [Insert host country] as well as the
offence of taking or sending out a child without appropriate consent of person having lawful custody of the child.
Child Pornography
In accordance with the Optional Protocol to the convention on the Rights of the Child, ‘child pornography’ means
‘any representation, by whatever means, of a child engaged in real or simulated explicit sexual activities or any
representation of the sexual parts of a child for primarily sexual purposes.’
Child-Sex Tourism
Child-Sex Tourism is the sexual exploitation of children by men or women who travel from one place to another,
usually from a richer country to one that is less developed, and there engages in sexual acts with children. (It is not yet
included in the Malaysian Child Act but conforms to international legislation.)
Online Grooming
The act of sending an electronic message with indecent content to a recipient whom the sender believes to be under
16 years of age, with the intention of procuring the recipient to engage in or submit to sexual activity with another
person, including but not necessarily the sender. (It is not yet included in the Malaysian Child Act but conforms to
international legislation.)
Developing a Child Protection Policy
23
If we are to teach real peace in this world, and if we are to
carry on a real war against war, we shall have to begin with
the children. ~ Mohandas Gandhi
image from sime darby csr archives
24
Developing a Child Protection Policy
References
Ministry of Women, Family and Community Development
http://www.kpwkm.gov.my
Protect and Save the Children Association of Selangor & Kuala Lumpur (P.S. The Children)
www.psthechildren.org.my
Malaysia - Child Act 2001
http://www.unicef.org/malaysia/Child-Act-2001.pdf
Malaysia - National Child Policy
http://www.kpwkm.gov.my/new_index.php?page=kpwkm/menu_dasar_kanak_kanak&menu=kpwkm/dasar_
kanak_kanak&lang=malay
Malaysia - National Child Protection Policy
http://www.kpwkm.gov.my/new_index.php?page=kpwkm/menu_dasar_perlindungan_kanak&menu=kpwkm/
dasar_perlindungan_kanak_kanak&lang=malay
Convention on the Rights of the Child
www.unicef.org/crc
United Nations
www.un.org
United Nations Children Fund, Malaysia
www.unicef.org/malaysia
UN Secretary-General’s Study on Violence Against Children
www.unicef.org/violencestudy
Developing a Child Protection Policy
25
you are the bows from which your children as living
arrows are sent forth. ~ kahlil gibran
image from sime darby csr archives
26
Developing a Child Protection Policy
Sime Darby Berhad
19th Floor, Wisma Sime Darby
Jalan Raja Laut, 50350 Kuala Lumpur, Malaysia
T: 603 2691 4122 F: 603 2382 1075 w: www.simedarby.com
Printed on Recycled Paper