MJD highlights challenges in the protection of minors

Aug 11, 2023

JOHOR BAHRU: The Professional Standard Office (PSO) Committee of the Malacca Johore diocese organised a conference on July 22 to create awareness of the current challenges in the protection of minors within the Malacca Johore diocese (MJD).

Approximately 100 participants, including catechists, leaders and personnel involved in various ministries from the Diocese of Penang, Archdiocese of Kuala Lumpur and dioceses in Sarawak attended the conference, which was held via Zoom. The speakers for the conference consisted of members of the PSO Committee.

The conference was divided into three main sessions with each taking an average of an hour and 15 minutes and, at the conclusion, participants were engaged with the speakers for a question and answer session.

The first speaker, Edelynn Wong is a legal practitioner and currently working in the Johor State Legal Adviser’s Office handling criminal matters. She explained the laws in Malaysia that have been implemented to protect minors. Her session covered the appointment and powers of Protector under the Child Act 2001, namely, taking of evidence, temporary custody and sheltering a child in a designated home and the power to order that a child be medically examined, treated and hospitalised.

Examples were given on the meaning of physical injury and sexual abuse. Another branch of abuse commonly neglected is the emotional injury to a child which includes anxiety, depression, withdrawal and aggression under section 17(2)(b).

There is protection given for those who care and intend to make reports and accordingly, any informer of child abuse shall not incur any liability for defamation or otherwise in respect of the giving of such information.

Duty and responsibility are imposed on members of the family or child care providers to inform the Protector of any child abuse and failing to do so can result in an offence being committed.
The areas of law covered by Edelynn were the Child Act 2001, Evidence of Child Witness Act 2007, Sexual Offences against Children Act 2017 and the Penal Code.

Speaker Anne Vergis is an Associate Professor, the Academic Director for Teaching and Learning of the University of Reading, Malaysia, and she is also the Head of the School of Law at the university. Her research interest is on Child Sexual Abuse, including creating awareness to managing and dealing with children.

She said that many sexual abuse cases against children were initiated with a deliberate grooming process which was manipulative and gradual, used by the perpetrators to find the appropriate opportunity to build a relationship with not only the child but his/her surroundings and environment, establishing trust and control over a child while exploiting the child’s vulnerabilities to ultimately carry out the abuse. Child sexual abuse can have severe and long-lasting effects on a child’s physical, emotional and psychological well-being.

Dr Fabian Dass is a psychiatrist with 11 years of experience in the field of mental health. He completed his Masters of Psychological Medicine at University Malaya (MPM) and is now a senior lecturer at Monash University, and practising as a psychiatrist at Hospital Regency, Johor Bahru. Evidence has shown that mental health disorders have increased. Illicit substance abuse has also increased, engaging in maladaptive coping strategies.

Dr Cindy Niap, is a psychiatrist and a senior lecturer at Monash University Malaysia. In her presentation, she educates the audience that 90 per cent of Child Sexual Abuse victims know their perpetrators, and that perpetrators can be of any age, gender, race, religious beliefs, educational level and socioeconomic status. A difference is drawn between situational and paedophilic offenders, in terms of motivations, pattern of abuse and treatment response. Prevention strategies are summarised at organisational and individual levels.

Christopher Kushi is legally trained and a Legal Advisor to the Minor Basilica of St Anne and a Civil Law Associate in the Tribunal – Penang Office. His previous postings include Royal Malaysian Police Force (PDRM), Malaysian Judiciary, Attorney General’s Chambers and Ministry of Foreign Affairs.

He spoke on the standard operating procedure on complaints and reports. All concerns and complaints of child abuse and neglect shall be made to the PSO-MJD. This can be done verbally, by phone calls, mails, emails, or social media apps. The PSO-MJD will do the necessary enquiries and inform the complainant and the Bishop of Malacca Johore Diocese of the next course of action promptly. Also explained was the mandatory reporting of any allegations of child sexual abuse. If the complainant on advice does not inform the police, the PSO-MJD will do the reporting to the authorities in the ‘best interest of the child’. The church will also provide pastoral and spiritual support to all concerned as befitting a loving church. Other reporting methods include calling the Talian Kasih Hotline 15999, bringing child victims to the One Stop Crisis Centres (OSCC) at hospitals, informing the protection officer at the nearest Social Welfare Department or making a police report.

Deacon Anthony Chua is currently the bishop’s delegate for the PSO-MJD. A legal practitioner since 1992 primarily on civil litigation and chairperson of the Human Rights Melaka Bar Committee in 2014, he also sits on the Bar Disciplinary Committee hearing cases on ethical and disciplinary issues concerning lawyers. He spoke on the chronological events of Pope Francis setting up the Pontifical Commission for the Protection of Minors and Vulnerable Adults.

The PSO-MJD has submitted its second draft on the Child Protection Manual to the Pontifical Commission in November 2019 and is still awaiting its approval.

Why the PSO was established
The Professional Standard Office Malacca Johor Diocese (PSO-MJD) was established in 2017 by Bishop Bernard Paul in response to Pope Francis’ growing concerns on the abuse of minors and vulnerable adults, particularly in the Church.

The Holy Father, after consultation with the Council of Cardinals in 2013, felt the need to set up an advisory body consisting of experts in the respective fields on minors and vulnerable adults, to assist him. As a result, the creation of the Pontifical Commission for the Protection of Minors and Vulnerable Adults was established in 2014. Similarly, the PSO-MJD Committee consists of a group of lay professionals who are experts in various fields — namely psychology, legal and counselling backgrounds — who will assist Bishop Bernard to oversee the development of policy, principal guidelines and procedures for a safer Church.