Home Civil Society Voices Period spot checks: Introduce whistleblower policy

Period spot checks: Introduce whistleblower policy

JUAN PABLO SERRANO ARENAS/ PEXELS

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We, the undersigned, would like to respond to the Education Minister Mohd Radzi Md Jidin’s statement on the Ministry of Education’s (MoE’s) action on period spot checks in schools.

As reported in multiple online media portals on 26 and 27 April 2021, when asked to comment on the practice of period spot checks in schools, Radzi said that there was no indication thus far that such a practice existed. The MoE has been “drilling until now”, “checking one by one” and asking “all divisions”, but the “answer was no”. The education minister also called on the public to “tell (him) at which school, so actions can be taken”.

Whilst we support the MoE’s commitment to look into and address the systemic issue of period spot checks, we would like to emphasise that it is important to implement this commitment whilst taking the complexity of the issue into consideration. The period spot checks, as well as moral policing and the rape jokes, are done routinely by some teachers and even prefects, ie figures of authority who have power on their side in each individual school.

In any circumstance, whether at school or at the workplace, survivors who have been harassed, sexually or otherwise, find it difficult to come forward for fear of repercussions, especially if their perpetrators are in positions of power. Therefore, it is highly unlikely that the ministry would obtain such direct feedback from students or teachers sympathetic to the students. It is also doubtful that perpetrators are going to be willing to come forward.

Current survivors are also likely traumatised and will not be in the best frame of mind to come forward with reports. We must not forget that it is figures of authorities here that are the perpetrators, and the children’s trust in such figures are likely to be eroded. They are also likely to be suppressed within ecosystems that have indoctrinated its inhabitants with acceptability of period spot checks, body shaming as well as rape culture and have silenced others who think otherwise. The private nature of the violation and enforcement by a higher authority can thus be impediments for both survivors and perpetrators to come forward.

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The MoE should always bear in mind that these are degrading and abusive treatments that violate the physical body and personal boundaries without consent. It is made even worse by the fact that most survivors here are or were underage when these incidents happened. Under the Sexual Offences Against Children Act 2017 and outrage of modesty under Section 354 of the Penal Code, these cases would be considered criminal offences and are punishable by law.

Thus we insist that MoE adopts more serious and systematic intervention in approaching this issue, which would include a fair and comprehensive investigative process. This process should include:

  • A whistleblower policy that protects survivors and/or other individuals who provide the MoE with further details about schools and figures of authority that have conducted period spot checks, moral policing and other forms of sexual harassment with public assurance of the MOE of its implementation
  • An objective inquiry process into the alleged violations, which would include an objective third party such as Suhakam, to ensure transparency and accountability.
  • The results of the investigations should then be shared with the relevant authorities, including parents, child rights and women’s rights NGOs, which can then be used as a basis for collaborations to form robust policies

The outcome of the investigations must result in the development and institutionalisation of disciplinary guidelines in schools that clearly spell out zero tolerance of conduct that violate children’s rights and dignity, including period spot checks, sexual harassment and all forms of abuse, bullying and harassment. It must also result in restorative remedies that will be properly and vigorously enforced in these schools to promote zero tolerance towards harassment, abuse and sexual violations.

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Aside from appropriate action against teachers and school authorities, the government working through the MoE should look into long-term solutions to ensure that schools in Malaysia exist as safe spaces for our children and not dangerous areas where rape jokes are the norm. Long-term solutions must include:

  • An improved and enforced existing teachers’ code of conduct in teacher training colleges or institutions nationally
  • A newly revised curriculum for all teacher training institutes to include topics on gender sensitivity so future generations of teachers and educators do not perpetrate the toxic culture of abuse
  • Compulsory gender sensitisation training among current school authorities and teachers nationally to inculcate fundamental awareness of gender roles, power, physical boundaries and consent

Social inequalities are inextricably linked to educational attainment, whereby experiences of systematic harassment, abuse and violence are linked to poor educational outcomes. To ensure that our children achieve their greatest potential, having a safe environment of learning that actively promotes values of respect of all persons and non-violence is thus crucial. This responsibility should be taken seriously by the MoE to fulfil its commitment to the provision of quality education for all Malaysian children.

Signatories

  1. All Women’s Action Society (Awam)
  2. Association of Women Lawyers (AWL)
  3. Bulan Sisters
  4. Family Frontiers
  5. Justice for Sisters
  6. Kryss Network
  7. Perak Women for Women Society (PWW)
  8. Persatuan Kesedaran Komuniti Selangor (Empower)
  9. Persatuan Sahabat Wanita Selangor (PSWS)
  10. Pertubuhan Pembangunan Kendiri Wanita dan Gadis (WOMEN:girls)
  11. Sabah Women’s Action-Resource Group (Sawo)
  12. Sarawak Women for Women Society (SWWS)
  13. Sisters in Islam (SIS)
  14. Tenaganita
  15. Tiada.Guru
  16. Women’s Aid Organisation (WAO)
  17. Women’s Centre for Change (WCC)
  18. Agora Society Malaysia
  19. Al-Hasan Volunteer Network
  20. Persatuan Aliran Kesedaran Negara (Aliran)
  21. ANAK
  22. Architects of Diversity Malaysia
  23. Baramkini
  24. Beyond Borders Malaysia
  25. Biji-Biji Initiative
  26. Borneo Komrad
  27. Community Action Network (CAN)
  28. CRIB Foundation
  29. Dear Asian Youths KL
  30. Edvolution Enterprise
  31. Empathy For Youth Academy
  32. End CSEC Malaysia
  33. Engage
  34. Engender Consultancy
  35. Federation of Reproductive Health Associations, Malaysia (FRHAM)
  36. Pergerakan Tenaga Akademik Malaysia (Gerak)
  37. Global Shepherds
  38. Hakam Youth
  39. HumanKind
  40. In Between Cultura
  41. Jaringan Kampung Orang Asli Semenanjung Malaysia (JKOASM)
  42. Johor Yellow Flame (JYF)
  43. KauOkTak
  44. Life’s A Stage
  45. Malaysian Council of Child Welfare
  46. Malaysian Institute for Debate & Public Speaking (MIDP)
  47. Malaysian Student Global Alliance (MSGA) Directorate
  48. Me.reka
  49. MISI: Solidariti
  50. Monsters Among Us (MAU)
  51. Muslim Professionals Forum
  52. Muslim Youth Movement of Malaysia (Abim)
  53. MY Poetry School
  54. National Council of Women’s Organisations (NCWO)
  55. North South Initiative
  56. Our Journey
  57. Persatuan Patriot Kebangsaan (Patriot)
  58. Pemimpin GS
  59. Persatuan Pengasuh Berdaftar Malaysia
  60. Pertubuhan Kebajikan Vivekananda Rembau
  61. Pergerakan Orang Wanita. Empowerment and Revolution (Power)
  62. Project ID
  63. PS the Children
  64. PT Foundation
  65. PuakPayong
  66. Pusat Komas
  67. Pusat Kreatif Kanak-Kanak Tuanku Bainun
  68. Refuge For The Refugees
  69. Sambal Pod
  70. Saya Anak Bangsa Malaysia (SABM)
  71. Seek to Speak
  72. Serata
  73. SOLS Health-Thrive
  74. Teach For Malaysia
  75. Teoh Beng Hock Trust for Democracy
  76. The KLSCAH Women’s Division
  77. The Talisman Project
  78. Undi18
  79. Vanguards4Change
  80. Voice of The Children
  81. World Vision Malaysia
  82. Yayasan Chow Kit
  83. Youths.MY
  84. YPolitics
READ MORE:  Making schools a safer place

Individuals

1. Dato’ Dr Amar-Singh HSS, consultant paediatrician
2. Nalisa Alia Amin

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