Malaysian gov’t must guarantee rights of children

Child protection has always been mooted as a priority for the Malaysian government. After all, Rosmah Mansor once famously reminded everyone, “Children are the nation’s foundation, and the needs of civilisation’s sustainability. They are valuable assets to nation building, helping to realize our vision and to shape the nation’s future growth and progress.”

Every single child regardless of their country of origin has the right to be protected from violence, exploitation and abuse.

However, millions of children suffer from such atrocities every single day. According to the UN, 1.2 million children worldwide are being trafficked and approximately 300,000 children - both boys and girls under the age of 18, are used as child soldiers and forced to provide sexual services in various war torn countries.

According to the International Labour Organisation (ILO), 215 million children between the ages of 5-17 are employed in various forms of labor which robs them of their childhood and educational needs; more than half are subjected to extremely harsh working conditions.

The UN High Commissioner for Refugees (UNHCR) estimates that there are about 19.5 million refugees worldwide and 51 percent are under 18 years old. This is by far the ‘highest figure for child refugees in more than a decade’ and these numbers prove just how vulnerable children really are.

Recently, Serdang MP Ong Kian Ming revealed that among 71,362 detainees currently detained in various immigration centres across Malaysia - 1,918 are children; 813 from Myanmar, 422 from Indonesia, 295 from Philippines, 121 from Cambodia. These numbers are painfully shocking and the government must seriously look into this matter.

The Malaysian government ratified the United Nations Convention on the Rights of the Child (CRC) in 1995 which aimed to maintain civil, political, economic, social, health and cultural rights of all children below 18 years old.

Article 2 clearly defines the non-discriminatory practices and applications of which signatories must adhere to. In other words, it shouldn’t matter where the child resides, where they come from, what gender they are or whether they have disabilities, no child should be treated unfairly on any basis.

Article 4 which detail the protection of rights, states that ‘governments have a responsibility to take all available measures to make sure children’s rights are respected, protected and fulfilled.’

Every country that ratifies the convention agrees to review their laws relating to children. The Malaysia Child Act 2001, was partially enacted in order to fulfill Malaysia's obligations under this article, which details the country’s legislation for the protection, care and rehabilitation of children. Upon ratifying the convention, governments are obligated to take all necessary measures to ensure that at least minimum standards are being met.

Vulnerability often associated with age

Vulnerability is often associated with age; therefore, the risks are higher amongst younger children and those from a particular ethnic origin, gender or socio-economic background. Child refugees and unaccompanied migrant children are also at greater risk of being abused and exploited, therefore, Article 22 details the rights of refugee children whose protection, safety and wellbeing must be guaranteed - once again, regardless of status, ethnicity and religion.

This is a very important part that ensures protection must be extended even to non-Malaysian children.

The 1,918 detained children need extensive psychological and physical treatment to help them recover from the troubles associated with separation and the traumatic experiences they have experienced. Children need stability in order to develop positive and healthy relationships with those around them.

Unfortunately, the current system does not offer adequate support and the curative treatment these children need. A country that has ratified the Convention on the Rights of the Child cannot consent to a system that exhibits and perpetuates any practices that violate children’s rights.

Malaysia, being one of these countries, can no longer close an eye and continue to ignore the plight of these children - the government must be stringent when it comes to adhering to the Convention and must be made accountable for tolerating this poor lapse of judgment.

SYERLEENA ABDUL RASHID is DAP Youth Bukit Bendera secretary, DAP Wanita Bukit Bendera political education director and MBPP councillor.

Myanmar migrants in M’sia tell their stories

By EngageMedia

Fleeing from prolonged conflict and persecution in Myanmar, hundreds of thousands of ethnic minorities find themselves living as refugees in neighbouring countries in Southeast Asia. In Malaysia alone, there are an estimated 150,000 refugees from Myanmar, with possibly a third of them not registered with the United Nations Refugee Agency (UNHCR).

In 2013, to highlight their stories and those of other migrant communities, EngageMedia began collaborating with Citizen Journalists Malaysia (CJMY) on Crossroads, an advocacy video project to teach migrant rights activists video production and distribution skills.

‘In Search of Shelter’ is part of the collection of 12 videos that were produced, and highlights the plight of the Myanmar refugee community in Malaysia.

In the video, asylum seekers share how they have united and combined resources to establish access to basic services like health clinics and primary schools for their children. However, they also face many hurdles related to the difficulties in getting registered as refugees with the United Nations High Commissioner of Refugees (UNHCR) in Malaysia, such as how many of the teachers in the schools they set up are themselves arrested by the police due to their lack of legal status.

Malaysia, which has stated that it will not sign the United Nations convention on refugees, also does not have any legal framework for national asylum and does not distinguish between refugees and undocumented migrants, leaving refugees at constant risk of detention, deportation and abuse. An undercover investigation by Al-Jazeera in 2014 revealed that some refugees pay up to $1,000 for official refugee status in Malaysia, as part of an illegal trade allegedly involving the UN Refugee Agency itself.

At one of the community screenings of Crossroads we held in Malaysia, we found that 80 to 90 per cent of those present have had personal experiences of being harassed by the police or faced problems with permits and employers. One member of the audience pointed out that there had been incidences where even if they produced their registered refugee card or supporting letter, the document was simply torn up by the authorities that had approached them.

With continued reports of acts of injustice and exploitation committed against refugees in Malaysia, it remains to be seen how its government and the UNCHR will effectively address this grave and growing situation.

EngageMedia

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Refugee Children from Burma Provided Recreational Lessons in Delhi

(Photo: CHRO)

20 September 2012: About 250 refugee children from Burma currently living in New Delhi were provided educational and recreational lessons at a playground in Vikaspuria of the Indian city last Saturday.

The one-day event included sessions of drawing and essay writing competition for children aged 12 and above on a theme entitled 'My Life in Delhi' while children under the age of 12 did on 'My Home in Delhi'.

Organized by EBO (Euro-Burma Office) Foundation in association with Burmese Women Delhi (BWD), Chin Human Rights Organization (CHRO), Chin Refugee Committee (CRC) and Chin Students Union (CSU), the one-day event provided a chance for children from eight communities of the Arakan, Kachin and Chin ethnic groups to get together and improve their skills.

Dr. Achan, Director of E.B.O Foundation, said: "This program aims to bring children from different schools together with an attempt to create space for them to get to know each other and to build up relationship. It is also important to bring the children out of their congested room, at least for a day, to let them play freely with their friends. Thus, in a nutshell, by organizing this recreational program, we want to encourage the children in their education in an interesting way, express what they are going through and have fun playing with other children from different community."

"In our daily struggle for survival, many of us have forgotten the children. We have failed to recognize the need of the children. Their daily lives and struggles are not heard. Each Drawing and Essay is a story of their lives that need to be heard. The community's effort to provide education to the children by establishing community based schools is worth praising. However, most of the schools are limited to a particular group," added Dr. Achan.

During the program, children were divided into two groups as Junior and Senior, and they played ten different games in a team and individually.

The program ended with presentations of prizes for each competition and game. Winners of the essay writing and drawing competition received a cash prize of 1,500 Indian Rupees each, with the runner-ups and the second runner-ups getting 1,000 and 500 Indian Rupees. Children were also given prizes for ten different games.

"The children are very happy as it is a very good recreational program. The program is very educational, too. Thanks to EBO Foundation for organizing the event," said one of the volunteers from Burmese Women Delhi.

It was the first program organized for refugee children from Burma stranded in New Delhi of India, facilitated by Indian and Burmese volunteers.

Van Hmun Lian, a volunteer from CHRO, said: "These children are from informal schools and they do not have extracurricular activities and it is wonderful to see that these children have a chance to express their views and play games. Children do not lie and their writings and essays speak a lot for all the sufferings of Burmese refugees in New Delhi. It is interesting that some children still find some positive viewpoints in their lives when some adults are totally negative on their daily difficulties as refugees. We need to have such program in the future too, I think all these children forget that they are refugees for at least a day."

Chin refugees demonstrate in front of Don Bosco in New Delhi

A demonstration was organized yesterday by about 50 Chin refugees in front of Don Bosco Ashalayam, a UNHCR implementing partner, in Vikaspuri. The protesters work with the Income Generation Activities (IGA) sub-office of Don Bosco in New Delhi.

“Some refugees are suffering health problems or are disabled, and work in IGA under the Don Bosco office with help from UNHCR. Before, they worked an 8am to 8pm workday and earned Rs. 30 per hour. But now, their working hours reduced to 9am to 5:30pm, but the wages have come down to Rs. 20 per hour,” said worker Salai Tlaung Za Thang.

Observes allege that despite the volume of work remaining the same, the office has tried to bring down hourly wages, leaving skilled workers to earn only Rs. 70 a day and unskilled workers to earn Rs. 35.

“We don’t want appointment of workers through NGOs under UNHCR. We want direct contact between workers and UNHCR officials. That’s the reason we are demonstrating,” said Salai Thang.

There are more than 10,000 refugees in New Delhi. Currently, 150 Chin refugees work at IGA, Don Bosco.

Chin refugees previously demonstrated against the Young Men’s Christian Association (YMCA) to protest unjust treatment of Chin people, at which point the UNHCR discontinued their relationship with the YMCA and handed over charge of refugee affairs to Don Bosco in March 2012.