The nine-year overdue government’s announcement that it will amend the Child Act (Amendment) Bill 2015 to implement a sex offender registry is very much-welcomed but with several serious reservations which must be addressed before the new law is tabled.
The opposition and the civil society have been calling for the implementation of such instrument. My predecessor Chong Eng, former MP for Bukit Mertajam and currently the Penang State EXCO for Women, Family and Community Development has been advocating for a sex offender registry since 2010.
In June 2013, during my maiden speech in Parliament, I listed 10 critical items which the government needs to resolve in regards to women and the registry is one of them.
In May 2015, I responded against the Inspector-General of Police Khalid Abu Bakar who said that such registry was unnecessary. (http://www.themalaymailonline.com/malaysia/article/igp-says-sex-offenders-registry-redundant)
In November 2015, once again I spoke in Parliament about the need to legislate a Sexual Offender Registration Act. At that time the Deputy Minister for Women, Family and Community Development, Azizah Mohd. Dun admitted that the government has no plans to table such bill yet.
Hence, the latest announcement is welcomed as a small step towards our goal to make our country a better and safer place for both men and women.
Government must address several serious reservations on the registry
Having said that, there are several serious reservations which the government must address before tabling the amendment:
- The registry should not be limited to sexual offences against children. It should cover sexual offences against adults as well. The new legislation must reflect our utter disapproval towards sexual crimes as an anti-social behaviour in general and therefore act as a greater deterrent to such behaviour.
- As there is an element of restriction to the civil liberty of ex-offenders, the mechanism for the registry including, among others, the period for the names to be on the register, and the condition for access to the register, must be spelled out clearly to prevent any abuses. The objective for the registry is not to punish offenders beyond their dues but to strengthen protection against sexual crime especially of vulnerable groups.
- While punitive measures on sexual crime cannot be compromised and should reflect the total disapproval of such anti-social act, the system must be rehabilitative as well.
- Due to the complexity of the issue involved, the opposition and civil society should be involved and consulted in the drafting of the new law. The bipartisan parliamentary Women Caucus should be tasked to oversee this process with involvement from the civil society including the Bar Council, women groups and other relevant advocacy groups.
Gender mainstreaming is still the way to go to reverse the culture of inequality in our society which resulted in women being alienated, bullied and discriminated against
As such, while we celebrate and claim victory of finally getting the government to implement a sex offender registry, the task is far from over.
In the overview, a total reform of the legal system is very much needed. The system as it is posed many great difficulties against the victims; from the difficulty to report gender crimes to the application for protection for victims to the prosecution of perpetrators in the law court and the court’s conviction of sexual crimes.
And at its root, there is not enough effort towards mainstreaming gender in general. We have to seriously deal with the entrenched culture of inequality which resulted in a system which betrayed the female citizens of this country. And the government’s continual inaction to reverse the trend of inequality and gender discrimination sends a frightening message: It is OK to bully women.