Children, Shelters and Systemic Crime — Haezreena Begum Abdul Hamid

SEPTEMBER 23 — The recent case of a global organization in Malaysia that has received a lot of media attention has highlighted the level of ignorance, lack of oversight, laxity and apathy within the organization and people with a personal interest in the organization. Mountains of opinions and theories have been hurled at the organization, with some defending it.

The overwhelming response is expected after the discovery of 402 children in multiple shelters in Malaysia. Allegations of sexual abuse, child trafficking, child abandonment, sodomy, forced labor, sexual enticement, exploitation and other related crimes continue to fill our daily news. Certain individuals have been arrested and detained in support of the allegations.

The sheer number of crimes that occurred after the children were found in the shelter shows that there was systematic abuse and sexual violence went unpunished.

As surprising as this case may be, this is not the first time that a religious organization has been accused of human trafficking, sexual exploitation, and abuse of power. The first documented case of sexual abuse occurred in 1629 in the Catholic Church at a school in Rome, followed by numerous allegations of sexual abuse, exploitation, and neglect in the United States, Europe, and other parts of the world.

The overwhelming response is expected after the discovery of 402 children in multiple shelters in Malaysia. Allegations of sexual abuse, child trafficking, child abandonment, sodomy, forced labor, sexual enticement, exploitation and other related crimes continue to fill our daily news. Certain individuals have been arrested and detained in support of the allegations. — Reuters pic

Malaysia has also had its share of institutional violence and abuse. Let us not forget the case of some tahfiz schools and religious teachers who physically or sexually abused their students.

Until recently, we still heard of children being tortured and sexually abused by their religious teachers or schoolmates. Despite the plethora of laws available to protect children and vulnerable communities, children are still being exploited mercilessly and with impunity. Their complaints are often ignored, disbelieved and deprioritized. It is as if they are invisible or unimportant until a tragedy occurs.

Currently, not much is known about how shelters operate and sustain themselves. In most cases, shelters rely on donations and funding from governments, NGOs, businesses, and the public.

Shelters are expected to be a safe haven for people seeking protection and shelter. It is a place where residents can get food, bedding, clothing and basic necessities. In most cases, shelter residents are vulnerable and marginalized groups such as orphans, victims of human trafficking, victims of domestic violence, homeless people, disabled people and other people in need of assistance.

Shelters typically have rules to regulate and control the daily activities of their residents. Shelters can also be carceral to some extent, with rules designed to restrict, control, and subdue the residents. Some shelters also impose severe and punitive punishments on residents who violate the shelter’s rules. In this case, it is not far-fetched to describe the residents as captive communities.

Regardless of the nature of shelters, it is of utmost importance to ensure that the well-being and welfare of the residents are safeguarded. However, it is important to note that a shelter is not a dumping ground for children or for people who want to avoid their responsibilities as guardians. And it is somewhat shocking and disturbing to hear that some parents have no other option than to leave their children in the shelter so that they can work and earn a decent living. What is even more shocking is the accusation of forced labor that the parents were forced to endure.

With all this said, is it fair enough to leave this entirely up to the enforcement officers? Or is this a case of institutional failure? There have been comments about how this case reflects institutional failure due to inaction and unresponsive attitudes of certain agencies that were made aware of this issue.

Another question that arises is how can these shelters operate with impunity, and have there been any complaints from victims or aggrieved parties? To answer this question, it is relevant to ensure that we do not engage in victim blaming or victim preaching, which generally refers to holding the victim responsible for or partly responsible for their own victimization.

According to previous studies, there are certain barriers to reporting malpractice and abuse when it comes to religious organizations. These barriers include fear of disclosing to devoutly religious families; attitudes toward sex and sexuality in religious communities; fear of being ostracized; reluctance to “shame” the religious organization; and cultures of secrecy and abuse. Children who were brave enough to disclose their ordeal were met with inappropriate responses or their complaints were dismissed.

In some cases, organizations have tried to silence victims and their families by threatening them with deportation or other forms of punishment. There are also cases where victims are coerced or offered a settlement to keep quiet.

Regardless of how we extrapolate the findings into child abuse issues, we must be reminded that victims of abuse experience trauma that can impact their lives. Trauma does not go away over time, it lingers and can develop into PTSD, depression, or other mental health and health conditions.

As a society, we must be vigilant and known for our strong moral and ethical values. We must show our compassion, empathy and humanity when it comes to children, vulnerable groups and voiceless beings. From now on, we only pray that all investigations are conducted fairly and that the children in the shelter receive adequate care, love and support from their families and community.

* The author is a criminologist and Deputy Dean (Postgraduate Affairs) at the Faculty of Law, Universiti Malaya.

** This is the personal opinion of the author or publication and does not necessarily represent the views of Malaysian Post.