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
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