Commentary: Too many knew, too few acted in GISB child abuse scandal in Malaysia
Malaysians have been shocked by the horrific discovery of abuse at GISB-run children’s homes. But one can only discover what has been unknown, says Center for Strategic and International Studies’ Sophie Lemiere.
by Sophie Lemiere · CNA · JoinKUALA LUMPUR: Over the past few weeks, Malaysians have been shocked by the horrific discovery of abuse at GISB-run children’s homes. More than 600 children aged between one and 17 have been rescued in raids since September, while 359 GISB associates have been detained.
But one can only discover what has been unknown.
For years, allegations have circulated against GISB, a strange mix between a religious cult and a global business empire. The group, said to have about 10,000 followers, has been accused of violence against children and women including forced marriage, forced labour and sexual assault.
Inspector-General of Police Razarudin Husain revealed recently that more than 40 police reports had been filed against the group since 2011. Former members have since come forward to recount their experiences, with some describing a controlling environment and slavery conditions.
At every level - state, government, institution and society - it seems choices were made to ignore or conceal the accusations, until the issue became too big to hide.
While reforms and better law enforcement are needed, the case raises broader concerns about child rights in Malaysia. From theory to practice, there is an urgent need for reforms in accordance with the international Convention of the Rights of the Child (CRC). Although Malaysia acceded to the CRC in 1995, it has placed reservations on certain provisions, including those concerning nationality, torture and non-discrimination on the basis it infringes on the constitution and the national laws including Sharia laws.
Public outcry over the abused children will mean little if state and society do not confront their own responsibilities.
TOO MANY KNEW, TOO FEW ACTED
The GISB case has parallels with decades-long scandals in other faith-based organisations globally. History has shown that far too often, while many are aware of atrocities, only a few will take action.
GISB reportedly operates a network of 415 businesses including supermarkets and restaurants across 20 countries in Asia, Europe, Africa, and Australasia. The alleged physical and psychological violence inflicted on the children are not only the crimes of its members but of an entire system that has permitted the group to flourish in Malaysia and abroad. This raises concerns over structural and cultural problems with child rights.
The Child Act 2001 provides the duty to inform authorities of any suspicion of physical or emotional harm. Not acting against a crime makes one its accomplice. Whether members of state institutions, members of the sect or regular citizens, many played an active or a passive role in the GISB case.
In its preamble, the Child Act also recognises that “every child is entitled to protection and assistance in all circumstances without regard to distinction of any kind, such as race, colour, sex, language, religion, social origin or physical, mental or emotional disabilities or any other status”.
Yet, until its Amendment in 2016, the Child Act that aims to protect children also provided a detailed procedure for children whipping (Article 92). The corporal punishment of children as a sentence for a crime is still legal under religious law, and generally allowed in home, schools and day care centres.
LACK OF GOVERNANCE
The children found in the GISB network resided in welfare homes operating as orphanages, placing them in a regulatory grey area that raises questions about governance.
In Malaysia, there is no systematic registration or licensing of welfare homes and orphanages. The state counts about a dozen state-run homes, however, a simple social media search will lead you to thousands of fundraisers for children’s homes.
In the absence of a proper registration system, to date, there exists no data on the number of undocumented orphans. Despite three years in power, the government has not initiated meaningful reforms. Instead, proposed amendments to the constitution last year to remove the article that protects children from statelessness sparked furious backlash for fear it could put children at greater risk.
Section 19B of the Federal Constitution currently protects foundlings, providing them automatic citizenship. In practice, civil servants have systematically denied foundlings citizenship on the assumption that they would be illegitimate children born out of wedlock or children of illegal migrants. In fact, these children are born to mothers in extreme vulnerable conditions.
The existence of the foundlings highlights sensitive societal and political issues in Malaysia, including teen pregnancy, rape, child marriages and baby dumping. Denying orphans their right to citizenship deprives them of access to public services, including healthcare and education.
A child without any documentation means he or she is unregistered. Nobody knows where they are, where they are from, or where they might be taken, leaving them vulnerable to traffickers and exploiters.
In November 2022, journalist Zaidi Azmi exposed the reality of orphan girls turned 18 pushed out of welfare homes - undocumented and uneducated - and the ineluctable risk of being co-opted, if not kidnapped, by sex traffickers.
A few years before, in 2016, Al Jazeera revealed the existence of several networks of baby sellers through clinics, baby farms and suspicious orphanages. Today, orphan girls are still preyed on.
PROTECTING THE GISB CHILDREN
In the GISB homes, the children did not receive any education, medical care, and were victims of extreme violence, though the centres were operating in the public eye and raising substantial funds.
As most of the children found in the GISB homes do not know their parents and are offsprings of unregistered unions, concerns have been raised about their future. Will they be given citizenship and enjoy the accompanying protections of the state? Or will they face a precarious future as undocumented children?
Finally, in the coverage of the GISB case, the use of the term “sodomy” by the media, politicians and the public to describe sexual assault against the children shifts the focus to the sexual act itself, not the crime, and only further stigmatises the victims.
Sodomy is considered an “act against nature” in Malaysian law and proscribed in Islam. The use of this term detracts from the severity of the violence and frames the crime in moral rather than criminal terms. It is also a disturbing reminder of the recurrent accusations against Prime Minister Anwar Ibrahim.
The state has been awfully quiet about the procedures put in place to support the children rescued from GISB, including documentation, education, psychological support, fostering or adoption. Hard questions must be asked, for without transparency, the trauma they have endured may continue to haunt them and Malaysian society as a whole.
Dr Sophie Lemiere is a political anthropologist who specialises in Malaysian politics, and has held research and teaching positions in major universities across Europe, the United States and Southeast Asia. She is currently Adjunct Fellow at the Center for Strategic and International Studies, a Washington-based think tank, as well as Research Fellow at College de France in Paris. She is the founder of SoCO, a political consulting firm in Kuala Lumpur.
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