Statement of Children During the ACSC/APF 2011

Statement of Children During the ACSC/APF 2011

Jakarta, Indonesia

4 May 2011

 

We are children leaders and members of organizations and clubs from seven ASEAN countries who have been nominated by our peers to attend the ACSC/APF. We are here to share our concerns on children’s issues to ASEAN leaders and also to adults from civil society. We are part of the ASEAN community and have the right to participate.

 

In October 18 to 23, 2010, we met during the parallel ASEAN Children’s Forum held in Manila with the theme “Making ASEAN Meaningful for Children and Young People”. And from April 30 to May 1, 2011, we met in Jakarta to prepare for our presentation during the ACSC/APF. In these workshops, we shared with our peers child rights issues and concerns we think ASEAN and civil society groups have to address. We also shared our experiences in the promotion of child rights in our countries.

 

Our worries are:

 

·         Children are not yet fully aware of their rights. Also, adults are not fully aware of and do not respect our rights.

·         Children suffer from child labour because their families are poor, parents forcing their children to work, and laws are not enforced.

·         Children face violence in the home, schools, prisons, community and other institutions. Adults believe that punishing us make us better persons. Violence stops us from speaking our mind and from telling others when we are harmed.

·         Children face discrimination because of their age, gender, social status, nationality, culture, religion and other background. We feel discriminated because people think that we are not capable of making decisions.

·         Children are trafficked because of lack of law enforcement and economic factors such as poverty.

·         Children are caught in armed conflict where they are at risk of becoming child soldiers.

·         Children have been affected by HIV/AIDS and other diseases yet government provides limited support for healthcare. Healthcare centers especially in remote areas do not have enough medicine, doctors and equipments.

·         Children do not have identities because of their undocumented status. Many children do not have birth certificates. There are also children who do not have citizenship and this makes them difficult to claim their rights.

·         Children have little say on issues and concern them. There is limited opportunity for us to participate, lack of encouragement from adults, limited information given to us and our abilities are underestimated by adults.

·         Children do not go to or drop-out from schools because of high cost of education. In many areas, parents discourage children from studying so they can work to help their families earn a living. Governments do not prioritize education in their budget.

·         Children are receiving less care and attention by their parents. Because of poverty, parents are forced to give more time to work and earn a living for their family. Parents have a hard time to defend and protect their children from harm.

·         Children living with and affected by disability continue to experience various forms of discrimination.

 

 

To ASEAN:

·         The rights of all children in Southeast Asia whether they are citizens or not or whether they are children of migrant workers should be respected, protected and fulfilled.

·         Our right to identity and nationality should be respected and fulfilled. Governments should promote and make birth registration accessible. Birth certificates must be given free of charge to all children in Southeast Asia .

·         All children should be informed about the UN CRC. This will empower us to speak up, monitor and report violations.

·         Ensure that there are laws that protect children from all forms of violence.

·         Ensure that laws are enforced and that government officers are capable and trained well to protect children from abuse and violence.

·         Ensure that governments provide adequate resources, and accessible and quality education and healthcare.

·         Develop national action plans for children. Children should participate in developing these national action plans. Governments should provide adequate budget for the implementation of these national action plans.

 

PR Status: Categories Need Be Expanded, Minister's decision should be reviewable by court...

Spouses of Malaysians should be given PR Status upon the registration of their marriage in Malaysia - not only 5 years later.

Why?

* In the event of death of the Malaysian spouse, before getting the PR, it means that the foreign spouse have to leave Malaysia - what about the children? what about matrimonial property...home, etc, what about obligations to the deceased Malaysian spouse's parents and dependents. {Remember, a PR status can always be revoked - so there really is no need to worry about early issuance of PR to spouses..)

* There really should be another category added for those who should be given PR status - i.e. for parents of children who are Malaysians. If before getting PR status, the spouse dies or the marriage is dissolved, when there are children who are Malaysians involved, the spouse that has custody and/or visitation rights should be allowed tro remain in Malaysia with the Malaysian children - we do not want a situation where Malaysian children are forced to be removed out of Malaysia - hence not able to enjoy the benefits of Malaysian education and welfare/benefits...or do we?

The decision of the Minister should never be final - there should always be judicial review, where one can go to court in the event the Minister rejects one's application. This is the essence of a democracy with its 3 branches of government - the executive, the legislative and the judiciary - whereby one of the roles of the judiciary is to review actions of the executive to ensure that it has been done in accordance to law and justice.

Foreigners who wish to apply for a permanent resident (PR) status in Malaysia should acquire an entry permit first, the Dewan Rakyat was told.

Deputy Home Minister Datuk Wira Abu Seman Yusop said the matter was clearly stipulated under Section 10 of the Immigration Act 1959/63.

"Only those who had acquired the entry permit are eligible to apply for the PR status and enable them to get the red-coloured identity card or MyPR," he said in reply to Dr Fong Chan Onn (BN-Alor Gajah) during question time today.

Fong wanted to know the requirement and procedures for acquiring the PR status for foreigners and the latest statistics on the applications.

Abu Seman said only six categories of applicants would be considered in the issuance of the entry permit as set out in the Immigration (Prohibition of Entry) Order 1963.

"The six categories are persons in possession of specialist or professional qualification, persons in possession of a certificate from the home minister certifying that their admission would be in the economic interest of Malaysia.

"Wives and children under six years of age of persons falling within the above categories, wives of citizens of Malaysia who have not been living separately from the husbands for a continuous period of five years.

"Children of citizens of Malaysia under six years of age, and those who are allowed by the home minister on special compassionate grounds," he said.

25,000 PR applications in eight years

Abu Seman said the application for the entry permit could be submitted at any immigration office and the applicants must posses valid travel document or passport.

"However, the consideration and decision on the applications are the prerogative of the Immigration director-general.

"In the event that their application is rejected, they can file an appeal to the Home Minister within 30 days and the decision made by the minister is final," he said.
 
Between 2001 and 2009, a total of 24,883 applications for PR status were received and solved, he said.

"At present, there are 521 new applications being processed by the Immigration Department and the ministry," he added.

- Bernama - Malaysiakini, 29/6/2010, Requirements for those seeking PR status

PR status to foreigners who marry Malaysians upon registration of marriage in Malaysia - Best Solution

There is a great injustice that happens when Malaysian citizens (and/or Malaysian PR holders) marries a foreign spouse. To stay in Malaysia, these foreign spouses have to have visas [commonly referred to as 'spouse visas'] which may be a few months....later it becomes one year visas.

“My one-year pass to remain in Malaysia expires at the end of next month. Since my husband has divorced me, I don’t know how to get it extended,” she said at her home at PD Utama near here.

Foreigners or ‘stateless’ people need their Malaysian spouses’ signatures to remain in the country. The pass needs to be renewed annually until they attain permanent resident status or citizenship. - Star, 19/4/2010, Mum needs identity to survive

The problem is that the 'control' is with the Malaysian citizen/PR holder spouse, and the applicant  for the visa is that Malaysian spouse/PR holder. 

What should be is that these foreign spouses should be given immediate 'permanent resident'(PR) status when their marriage gets registered in Malaysia at the relevant government department.  [Note that PR status can be later revoked, if needed.] Now, the application for PR status is only considered after 12 years (some say 5 years - but alas, there is nothing in the law that clearly defines the actual number of years..., and it is not automatic and there needs to be an application put in. It will be interesting to see if all persons are treated equally - as many of our former Ministers, etc also have foreign spouses. Did they have to wait years before they got their PR status (or citizenship) or did they preferential treatments?

Now, children of these marriage are Malaysian citizens - and the problem arises when there is a death of the  Malaysian citizen/PR holder spouse ...when there is an abandonment/divorce...or maybe even a revocation of the citizenship/PR status for some reason or other.

What happens to the foreign spouse and the Malaysian children if one of the above happens? Under the current system,  the  foreign spouses  visa will not be able to be renewed - and that means that he/she will have to leave Malaysia...but the Malaysian children? What happens to the foreign spouses home/property in Malaysia? What happens to the foreign spouses other responsibilities - like the responsibility to the elderly parents/dependents of the Malaysian citizen/PR holder spouse and other dependents? Unlike some western cultures, in Malaysia (and Asia) obligations and responsibilities by reason of marriage also extends to the extended families of their spouses....but our current immigration laws do not reflect this. 

Current Malaysian law seems to say that if your Malaysian citizen/PR holder spouse suddenly dies, abandons you and/or your family, divorces you,.... you, the foreign spouse will have to leave Malaysia? 

The current law does not care about the Malaysian children - the UMNO-led BN government position is that you can take your 'Malaysian children' and go....

The current law does not care about the responsibility and care of the elderly parents/other dependents..., and this is so un-Malaysian....so uncaring.

As I said earlier, there must be a change in our Malaysian policy and law...., and it should be as follows:-

** Upon registration of marriage in the relevant government department in Malaysia, the foreign spouse shall immediately be given a permanent resident status,

***Upon the dissolution of the marriage for whatever reasons, the government has the right to review the 'permanent resident' status and revoke it

****Factors that will be considered, and will not result in a 'revocation' shall be:-

- existence of children of the marriage

- existence of obligations/responsibilities to the parents/dependents of the parties of the marriage in Malaysia

- the 'foreign spouse' still is staying in Malaysia

[The government naturally is concerned that some 'foreigners' may be marrying Malaysians just to be able to stay legally in Malaysia...and that the whole marriage is really a 'sham' - but that is why the power to revoke the PR must be with the government, and could be used if these 'shams' happen]

PORT DICKSON: Yati Rahayu Abdullah, 30, is in a quandary since being divorced by her husband nine months ago.

The mother of two young children is deemed to be ‘stateless’ as she has no documentation to prove that she is a Malaysian.

Stateless: Yati fears that she might lose Mohd Aiman (right) and Nuraryana if she is sent again to a detention centre.

Abandoned as a baby and raised at a longhouse in Keningau, Sabah by a Christian priest, she fears of being separated from her children and sent to a detention camp for illegal immigrants.

“My one-year pass to remain in Malaysia expires at the end of next month. Since my husband has divorced me, I don’t know how to get it extended,” she said at her home at PD Utama near here.

Foreigners or ‘stateless’ people need their Malaysian spouses’ signatures to remain in the country. The pass needs to be renewed annually until they attain permanent resident status or citizenship.

Yati, who never went to school, said she lived with the priest at his home until she was 13 and then followed him to Kuala Selangor.

Before they moved, the priest handed her a Malaysian identity card.

In Kuala Selangor, she worked at a Chinese restaurant and stayed at her employer’s home.

“I worked for the family without getting any pay for five years. I ran away when I could no longer take it,” she said, adding that she then started working at a factory.

It was then that she came to know her husband’s family who adopted her.

“However, when I went to the National Registration Department to renew my IC, I was arrested as they said my old one was fake. I was then sent to the detention centre for illegals in Pekan Nenas, Johor,” she said.

After six months, her adopted family sought her release by proposing marriage.

“I married my husband in March 2006 and we then moved to PD,” she said, adding that she then embraced Islam.

The couple were blessed with two children – Mohd Aiman Daniel who is now two, and Nuraryana Natasya, nine months.

Yati said her former husband has been giving her about RM100 a month for expenses since their divorce.

Yati said she approached the Welfare Department for aid but was told that since she was not a Malaysian, she was not entitled to any. - Star, 19/4/2010, Mum needs identity to survive

Remember the case of Romita Hasibuan...and her 4 Malaysian children... - Maruly Aziz Bin Abd Mutalib (14+ tahun), Sarah Nor Varah Hanim Binti Abd Mutalib (13+tahun), Yonatan Adam Fauzi Bin Abd Mutalib (11+tahun) dan Ismael Syah Putra (8+ tahun). STOP DISCRIMINATING SARAH,AND GIVE THIS MALAYSIAN CHILD HER MYKAD

3 children victims of Detention/Restrictions Without Trial and Human Rights Violation. Who will be bothered? PR, BN, MPs, ADUNs, Anwar, Kit Siang, Hadi, Najib....?

3 children from Semenyih, aged between 15 and 17, who are supposed to sit for PMR and SPM examinations later this year were arrested and detained on Dec 21 last year on allegations of being a public nuisance and being in possession of a stolen vehicle.

The trio were held in several police stations for a total of 21 days until their remand period expired.  

On Jan 10, an order under the Emergency (Public Order and Prevention of Crime) Ordinance 1969 to detain them for 60 days was issued and they were held at the Semenyih police station. The detention order expired on March 9.

Now the government  uses the Restricted Residence Act 1933 on them, and they have all been slapped with a 2 year restricted residence order issued by the Home Minister. One was sent to Kawasan Linggi in Negeri Sembilan, one to Berangan in Seminyih ,and  the third child was sent to Batang Berjuntai in Kuala Selangor. Another 21-year-old, who was detained under the same act yesterday, was sent to Kuala Lipis, Pahang.

What is wrong?

* These 3 children have been denied the right to defend themselves, and the right to a fair and open trial. They should have been properly charged and tried in court. If they are found guilty, then the court would have decided on the sentence - a suitable sentence, which may not even be a prison term.

What else is wrong? Well, I will discuss that in an upcoming post....

**Malaysia has ratified the United Nations Convention on the Rights of the Child, and this covers the 3 children arrested on 21/12/2009.For the purposes of the Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier. Therefore, Malaysia's treatment of these 3 children is not only a violation of human rights, but also this Convention.

Three teenagers are being detained without trial for 72 days, which includes time spent detained under the Emergency Ordinance 1969, and their family members are crying foul.

Accompanied by representatives of human rights group Suaram, the relatives of the detainees took their case to the Human Rights Commission (Suhakam) today, pleading for intervention.

"Please help me to bring back my son. He is a good boy and I want him to be successful in his studies," said M Gowri, 42, who was among the 15 relatives present.

According to Suaram's memorandum to Suhakam, the trio from Semenyih, aged between 15 and 17, are supposed to sit for PMR and SPM examinations later this year.

They were detained on Dec 21 last year on allegations of being a public nuisance and being in possession of a stolen vehicle.

The trio were held in several police stations for a total of 21 days until their remand period expired. 

On Jan 10, an order under the Emergency (Public Order and Prevention of Crime) Ordinance 1969 to detain them for 60 days was issued and they were held at the Semenyih police station. 

The detention order expires on March 9.

The family is now worried that their children would eventually be transferred to the notorious Simpang Renggam detention centre. 

The two-page memorandum also urged the commission to take immediate action on the matter and appeal to the Home Ministry for their release.

The memorandum was handed to Suhakam commissioner N Siva Subramaniam.

Suhakam to appeal

Suaram director S Arutchelvan said the detentions were violations of Article 16 (1) and (11) of the Federal Constitution, Article 42 of the Child Act 2001 and Article 37 of the Convention on the Rights of the Child.

"We would like to urge the government to take immediate action and release the teenagers. They are supposed to be sitting for major examinations this year and the detention would affect their future," said Arutchelvan.

Addressing the family members and Suaram later, Siva Subramaniam hoped that the authorities would not place the teenagers in the Simpang Renggam detention centre, noting that it is a place where many "serious criminals" are being held.

“Placing them in the Henry Gurney school (in Malacca), would be a better option," he added.

The Simpang Renggam detention centre has often been criticised as a 'training school' for criminals because of the high concentration of hardcore criminals held there under the Emergency Ordinance.

The commissioner also promised to immediately submit a written appeal to the Home Affairs Ministry and locate the three detainees' school records.

Siva Subramaniam later turned his attention to discipline problems among youths which he felt had reached alarming proportions. He urged the police and NGOs to work together to combat this issue. - Malaysiakini, 2/3/2010, Three teens held under EO, family cries foul

 

The three minors who were held under the Emergency (Public Order and Prevention of Crime) Ordinance 1969 on Dec 21 last year, are now placed under yet another suppressive law, the Restricted Residence Act 1933.

The trio from Semenyih, aged between 15 and 17 were detained on Dec 21 last year for being in possession of a stolen vehicle as well as being public nuisances.

They were held in various police stations for 21 days, and then detained in Semenyih police station under the Emergency Ordinance for another 60 days.

The detention order expired on March 9 but the Home Ministry has now slapped the Restricted Residence Act on them which will last for two years.

They have been sent to Kawasan Linggi in Negeri Sembilan, Berangan in Seminyih and Batang Berjuntai in Kuala Selangor respectively.

Another 21-year-old, who was detained under the same act yesterday, was sent to Kuala Lipis, Pahang.

Suaram coordinator E Nalini said they only came to know about this case yesterday.

"We strongly condemn the home minister's order to place these cases under this unlawful act. It is wrong to detain them as it will restrict their movement and right to education," she added.

Nalini (right) also informed Malaysiakini that an appeal letter will be sent to the Home Ministry, requesting the government to grant them a second chance as until now, the charges against the minors have not proven.

She also lamented the minors will be denied rights to an education as two of them will be placed in rural areas. They are aged between 15 and 17, and are supposed to sit for PMR and SPM examinations later this year.

Human Rights lawyer, Charles Hector (left) said: "Placing the three minors under the Restricted Residence Act is not the right option.

"The government is breaching the Convention on the Rights of the Child (CRC) by detaining minors and restricting their movement," he added.

He said there are other options whereas the minors can be released under certain conditions such as mandatory reporting to police station once a week.

"A better option would be to charge them in the court, not to detain them under these acts," he added.

The Restricted Residence Act 1933 is an archaic law used actively during the Communist Emergency of 1948-1960 to fight terrorism and deal with matters involving national security. - Malaysiakini, 12/3/2010, Minors now placed under restricted residence

Malaysia has ratified the United Nations Convention on the Rights of the Child, and this covers the 3 children arrested on 21/12/2009.

For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.

Free Education at government schools for all children of migrants in Malaysia...

Education for children of undocumented migrants, refugees and asylum seekers in Malaysia was the question that was raised by Teresa Kok (DAP Member of Parliament) to the Minister of Education. Below is the question and answer (with my translation of the question and the answer into English). See below.

Malaysia has ratified the Child Rights Convention, but have had a reservation on the right to education.....

CONVENTION ON THE CHILDREN’S RIGHTS

Convention on the Children’s Rights was officially accepted by consensus by the 44th Assembly of the United Nations on 20 November 1989. On 26 January 1990, the Convention was open for signature while celebrating the 30th anniversary of Children International Year (1979-1989). Convention on the Children’s Rights was implemented on 2 September 1990 after 30 days it was recognized by 20 countries.

The Malaysian Government had signed the Convention on the Children’s Rights on 28 December 1994 and implemented it on 7 February 1995. However, the government had made reservation on the clauses 1, 2, 7, 13, 14, 15, 22, 28, 37 and 40 because they are against the national policy, laws and practice. However, those reservations will be reversed when situation and time are suitable to the government. On 25 February 1999, the government had reversed several reservations while maintaining reservation on clauses 1, 2, 7, 13, 14, 15, 28 para 1(a) and clause 37.

Generally, the Convention on the Children’s Rights sets in motion for the government to be more responsible towards the well-being of the children by recognizing their rights. The Convention also elucidates the children’s needs which are different from the adults. - Official Website of the Social Welfare Department of Malaysia

Note that Malaysia has a reservation with regard to even something as basic as free primary education for all children...

Article 28

1. States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:

(a) Make primary education compulsory and available free to all;- Convention on the Rights of the Child

The said Parliamentary Written Question and Answer, which I have taken from Teresa Kok's blog. The translation to English is mine.

PEMBERITAHUAN PERTANYAAN BAGI JAWAB LISAN DEWAN RAKYAT
PERTANYAAN : LISAN
DARIPADA : YB TERESA KOK SUH SIM
TARIKH : 16 JUN 2009 (SELASA)

SOALAN/ QUESTION :

Puan Teresa Kok Suh Sim (Seputeh) minta MENTERI PELAJARAN menyatakan bilangan anak pelarian yang belajar di sekolah rendah dan sekolah menengah di Negara kita dan prosedur memasuki sekolah tempatan. Memandangkan keturunan pelarian dan orang asing tanpa izin di Negara kita ini semakin meningkat, bagaimanakah kerajaan menangani masalah pendidikan di kalangan keturunan orang asing tanpa izin dan pelarian tersebut.

Madam Teresa Kok Suh Sim (Seputeh) asked the Minisiter of Education to state the number of refugee children that are studying in primary and secondary schools in this country, and the procedure for registering these local schools. Since the numbers of refugees and undocumented migrants are on the rise in our country, how will the government deal with the problem of education for children of the said refugees and undocumented migrants. [A rough translation by me from Bahasa Melayu to English]

JAWAPAN/ANSWER :

Tuan Yang Di-Pertua.

Kementarian Pelajaran Malaysia (KPM) menghargai sumbangan kementerian-kementerian lain dan pihak NGO dalam usaha menangani isu pendidikan golongan pelarian dan pemohon perlindungan. Walau bagaimanapun, pada masa ini Kerajaan masih mengkaji secara terperinci implikasi sekiranya kanak-kanak daripada golongan ini diterima masuk untuk belajar di sekolah kerajaan. Sehubungan itu, satu kajian menyeluruh berkaitan “Pendidikan Kanak-Kanak Tanpa Dokumen Pengenalan Diri Di Malaysia” sedang dijalankan sekarang oleh KPM. Namun, pada masa ini kanak-kanak tersebut mendapat pendidikan yang disediakan oleh pihak NGO dan sukarelawan daripada kaum pendatang dengan kerjasama UNHCR. Agensi Kerajaan juga ada menyediakan pendidikan seperti yang dilakukan oleh Pasukan Petugas Khas Persekutuan (Sabah dan Labuan), Majlis Keselamatan Negara bagi kanak-kanak tanpa dokumen di Sabah dan Labuan.

The Ministry of Education of Malaysia(MEM) appreciates the contributions of other Ministries and NGOs in dealing with the issue of education of refugees and asylum seekers. However, at this time, the Government is still studying the implications if children of these groups were accepted into to study in government schools. In line with that, a comprehensive research is being conducted on "Education of Children Without Identity Documents in Malaysia" now by MEM. However, at this time the said children are getting education provided by NGOs and volunteers from amongst the migrants with the cooperation of the UNHCR> Government agencies are also providing education as is being done by the Special Federal Taskforce (Sabah and Labuan), National Security Council for children without documentation in Sabah and Labuan.

We really must campaign for education for all children - irrespective of whether they are children of locals or foreigners - irrespective whether they are refugees, asylum seekers or undocumented migrants.

All children should have access to free education in government schools...In Thailand, all children have access to free education in Thai schools until they complete their secondary education...If the childrens do not have identity document - temporary identity documents could be provided by the government of Malaysia (Ministry of Education). Caring Malaysians, I believe, will not be complaining about the cost of educating these children..

Gender Discrimination, and certainly NOT an 'Education For All' policy

Yes - children whose father is Malaysian, who have submitted application for birth certificate, citizenship and Mykad can go to school in Malaysia...

What about children whose mother is Malaysian?

I thought that the Federal Constitution has been amended to ensure that there is no discrimination based on gender.

It is the mother who deals with 9 months of pregnancy...and who suffers the pain of child-birth, and is generally burdened with most of work connected with child upbringing - and Deputy minister Wee Ka Siong says that they are irrelevant.

Even the current law with regard to citizenship does not discriminate - only requirement is that one of the parent is a citizen or has a permanent residency status. As example, see Article 1(1)(c) of the Second Schedule of the Federal Constitution,

(c) every person born within the Federation after September, 1962, of whose parents one at least was at the time of the birth either a citizen or permanently resident in the Federation, or who was not born a citizen of any other country;

So, why is Deputy Education Minister giving us bad education about rights and values...Is he a male chauvinist? Is he propagating that men are more important than women? Time he be removed as Deputy Minister - he embarasses Malaysia.

I also wonder how they will establish that the Malaysian male is the father...Will they be having DNA tests?

Also note that many of these children may be NOT children of any marriage - and, of course, many Malaysian men will not even come forward and acknowledge that they are the father of the child...

'STATELESS CHILDREN' - what the Minister is talking is about children, who really are Malaysian citizens, but who have yet to get their birth certificate and/or MyKad for various reasons.

The term 'stateless children' is used mischievously...for it does not refer to all stateless children BUT only to those children whose FATHER are Malaysians.

These are not really stateless children - they already are Malaysians - only they are yet to be registered, etc..to get their Birth Certificate, MyKad, etc..., that is all.

When you are talking about stateless children, we are talking about those who do not have nationality or citizenship.

You are talking about some of those who have fled Burma, Southern Thailand, Southern Philipines, Acheh(previously)... because they fear their lives and liberty of themselves and those of their family.

The Rohingyaans, for example, are not even recognized by Myammar as being people of that country. Here, in Malaysia, many are hiding without any passport and other documentations. It is for these children that Malaysia must reach out and ensure that they at least get an education.

Charity - that is what it is. We have to help these children - ensure that they at least get an education - i.e. basic primary and secondary education, at the very least.

Without formal education, they will not have a bright future at all given the fact that most employers now require their workers to have some form of formal education.

Without formal education, they may end up at the lowest echeleons of society devoid of the means for social movement upwards.

I have to say that Malaysia is under the obligation to provide education for all children in Malaysia - and that will include all stateless children (irrespective of which country their fore fathers hail from), children of migrants/asylum seekers/refugees, etc

When it comes to children - then we must be concerned for ALL children, and this commitment should be towards all aspects of the child's welfare - including education and healthcare...

The Education Ministry will soon issue a circular to all schools nationwide, advising them to accept all ‘stateless’ children, even if they have no birth certificate, so long as the father is a Malaysian citizen.

MCPX

However, the advice will come with a caveat: the children must have already applied, through the Malaysian parent, to the National Registration Department (NRD) for a birth certificate, citizenship or MyKad.

“A birth registration certificate will be issued to the child which will state that the child is not a citizen...,” deputy minister Wee Ka Siong said while on an official visit to Kota Kinabalu over the weekend.

“This will not be a problem as long as the father is a Malaysian citizen. The status of the mother is not important (whatever country) she is (originally) from...”

However, Wee could not categorically confirm, despite persistent questioning by the media, whether children of non-citizen fathers and Malaysian mothers will be accepted into government schools.

He merely said: “Malaysia definitely supports the Unesco policy of ‘education for all’. - Malaysiakini, 24/2/2009, Stateless children's admission open to abuse

Mr Minister, we certainly do not support UNESCO's policy for all - as this policy is clearly selfish and is only concerned about children who are Malaysians, whose father is Malaysian, who is yet to get their birth certificates and MyKad..

This policy certainly do not cover even children whose mothers are Malaysians - and this goes against even our Federal Constitution. All children, whose one parent is Malaysian or a permanent resident, is a Malaysian.

This policy does not even cover stateless children... and certainly falls short of meeting the call of "Education for All'

UN slams Malaysia for lack of access to education for migrant children,....

Malaysia, embarrassingly, has been taken to task at the UN Human Rights Council for its actions that fails to '...distinguishes asylum seekers from irregular migrants....'.

Some, like the peoples of Burma, have fled to Malaysia seeking safety from persecution by their country of origins but alas Malaysia sometimes treat them not as asylum seekers or refugees - but lump them into one group called 'undocumented migrants' (or illegal migrants)...and this is very wrong.

The UN Human Rights Council also talked about the lack of access to education for children of refugees, asylum seekers ...and migrants.

With regard to children, their legal status must never be a bar that will prevent them education, healthcare and other social services. Remember, Malaysia is bound by the Convention on the Rights of the Child and simple human decency,

States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.

But alas, Malaysia had a reservation with regards to education - hopefully, no more

Article 28

1. States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:

(a) Make primary education compulsory and available free to all;

(b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;

(c) Make higher education accessible to all on the basis of capacity by every appropriate means;

(d) Make educational and vocational information and guidance available and accessible to all children;

(e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates.

Most likely, our local media may not be highlighting what happened at the UN with regard to Malaysia's failures - and as such, I just share an AFP report I came across...

Malaysia was taken to task by some Western countries on Wednesday over its treatment of asylum seekers and refugees, during a United Nations review of its human rights record.

Belgium, Britain and the Netherlands were among the nations that expressed "concerns" surrounding refugees and asylum-seekers held in detention in Malaysia, as they called on Kuala Lumpur to develop legislation that distinguishes asylum seekers from irregular migrants.

"We note serious problems faced by refugees, migrants and asylum seekers in Malaysia... that is linked to a lack of clarity on their status in the country," Belgium's representative told the UN Human Rights Council during a universal periodic review session.

Under universal periodic review, all 192 member states of the United Nations have their human rights record vetted by the council once every four years.

The session is based on three reports, one submitted by the country under review, and two summaries compiled by the UN Office of the High Commissioner of Human Rights.

The high commissioner's report noted the lack of national legislation on refugees as well as absence of laws on the rights of migrant workers.

In addition, it said, "many asylum seeking and refugee children, among them Muslim children from a nearby country, including the Rohingya refugee children who had lived in Malaysia since 1990s, lacked access to formal education."

The secretary general of Malaysia's foreign ministry Rastam Mohd Isa said in his opening remarks that Malaysia prosecutes only refugees who have committed crimes.

Foreign workers are accorded the same rights as local workers, and the rights of illegal immigrants are protected, he added.

Human rights groups have accused Malaysia of mistreating millions of foreign workers who live there, as well as asylum-seekers, including thousands from nearby Myanmar, which is under military rule.

Human Rights Watch had singled out a government-backed volunteer force in Malaysia known as RELA for allegedly beating, threatening and extorting money from migrants and asylum-seekers.

During Wednesday's session, some countries, including Chile and France, encouraged Malaysia to eliminate discrimination due to sexual orientation and to "respect the human rights of all individuals, including homosexuals." - AFP, 12/1/2009 Malaysia under fire at UN over refugees