19 January 2014, Press Statement by
MCA Vice-President Datin Paduka Chew Mei Fun
The move by the Swedish
government in detaining the Malaysian director of Tourism Malaysia Azizul
Raheem Awalludin and his wife Shalwati Nurshal for a month after they had
beaten their son’s hand for not performing his prayers, and are now being
detained for another 2 weeks while awaiting for the court to hear their case is
shocking and a great cause of concern to the MCA Social Development Committee.
It is to my understanding
that the couple was detained by the authorities on 18 December 2013, and that
Azizul and Shalwati have been living Sweden with their 4 children for 3 years.
Sweden is known to be the first country to have strict prohibitions against
corporal punishment for children and that any form of spanking, slapping,
pinching, hair-pulling and caning are considered illegal. It was also reported
that the couple had allegedly slapped the hand of one of their sons for not
performing his prayers, and although the son’s hand bore no marks or bruises,
his depressed mood had led to his revealing what happened to his school
teacher, who had then informed the school counsellor who lodged a police report
thus causing the parents to be detained and their children taken away.
Although the Swedish “Act on
The Children and Parents Code” does not carry any provisions for punishment,
but the parents could still be punished under Section 5 of the Swedish Penal
Code for 6 months to 10 years depending on the seriousness of their fault. It
was also reported that in November 2010, a Swedish district court had fined a
couple $10, 650 (RM35,101) and jailed them for 9 months for using spanking as a
means to discipline their children.
The Swedish authorities have
also currently placed the couple’s 14-year old daughter, and their three sons
aged 12, 11 and 7 with a non-Muslim family. Besides that, the children are also
reported to be unhappy each time they come home from school as their parents
are not around them anymore. In addition, although the children are being
provided with halal food, but they still feel uncomfortable because their
foster family keeps a dog and that they have to share the same crockery and
utensils. The children are also not permitted to meet with their relatives who
had flown all the way from Malaysia to Sweden.
Now, although we fully
respect Sweden’s laws and understand their need to protect the safety of their
children, we cannot accept that a family has been forcibly separated over what
can be considered a minor physical punishment. Besides that, the decision to
put the children with a non-Muslim foster family shows a lack of religious
sensitivity by the Swedish government, and barring the children from meeting
their relatives is simply inhuman.
More than 2 weeks have
passed with no progress in this issue, as we sincerely hope that the Malaysian
Foreign Ministry will perform their task in ensuring the children’s’ welfare by
taking immediate steps to allow them their rights to meet with their relatives
and parents. We also hope that the Malaysian embassy in Sweden will work
towards taking care of the children or identifying a Muslim foster family for
the children to stay with in order to protect the religious rights and needs of
the children. At the same time, we also urge the Malaysian government to seek
an appropriate conduit to bail out the children’s’ parents and to urge Sweden
to conduct the trial as soon as possible.
Considering that in Swedish
law the parents will lose custody of their children even if the parents are
acquitted, and that an application must be filed with the court to reclaim
custody and get their children back, I hope that the Malaysian government will
work out a solution from the legal perspective for the family. Although we
understand that the Swedish authorities are acting based on their own laws, but
the rights of children to meet with their relatives must be ensured. As a
child’s welfare and interest is the government’s responsibility, and in this
incident has clearly resulted due to different cultures and understanding of
laws, we hope that the Malaysian government can handle this issue based on the
children’s basic rights to meet with their relatives.
We also hope that the
Malaysian Ministry of Women, Family and Community Development will take the
lead by setting up a special task force and to send their personnel to follow
the developments in Sweden. They should also work together with the Foreign
Ministry to provide the Malaysian embassy with professional guidance and
assistance. A child’s welfare cannot be compromised and an immediate solution
should be reached for this issue instead of continuing to delay it.
Datin Paduka Chew Mei
Fun
MCA Vice-President
Chairman of MCA Social Development Committee
//END