World Street Children News :: Malaysia Streetkid News

Malaysia: Undocumented children in Sabah vulnerable to statelessness
15 Jun 2007 14:43:00 GMT
Source: Refugees International - USA
Camilla Olson
Website: http://www.refugeesinternational.org
Reuters and AlertNet are not responsible for the content of this article or for any external internet sites. The views expressed are the author’s alone.

June 13, 2007

Contact: Camilla Olson ri@refugeesinternational.org or 202.828.0110

Malaysia: Undocumented children in Sabah vulnerable to statelessness

Decades of irregular migration to Sabah in eastern Malaysia have resulted in large numbers of undocumented children of migrants from the Philippines and Indonesia who are potentially at risk of statelessness. Undocumented migrants in Malaysia are targets for arrest and deportation, which in some cases has left their children alone on the street. Children of migrants who are born in Malaysia may be undocumented if they do not possess a birth certificate. In addition, if a child’s parents have been deported and they have no other family ties in Malaysia, it may be difficult for them to trace their heritage back to their parents’ country of origin in order to apply for a passport. If no government recognizes these undocumented children as nationals, then the children are vulnerable to statelessness.

Malaysia is a signatory to the Convention on the Rights of the Child, which states in Article 7 that all children have a right to acquire nationality at birth. However, Malaysia does not grant citizenship by birth, choosing not to adhere to the principle of jus soli. Individuals can only apply for citizenship if one parent is a citizen of Malaysia. Foreign parents can register their children for birth certificates, but the certificates are stamped orang asing (foreigner), reflecting the fact that the parents are not citizens of Malaysia.

Refugees International recently traveled to Sabah and interviewed migrants of Filipino and Indonesian descent. Children with orang asing on their birth certificates, as well as those who do not possess a birth certificate, cannot go to government schools in Sabah. Private school is an option but the cost is prohibitive for most families. There are church and community organizations in Sabah that offer private education at a reduced cost. One such non-governmental organization has worked to educate almost 5,000 undocumented children in western Sabah, including those on the oil palm plantations, with the support of local authorities.

The Government of Malaysia has been cracking down on irregular migrants in the country. In Sabah, raids are conducted in housing areas where the migrants live and in markets and public areas where many work. Those arrested are deported back to their country of origin. Many children whose parents have been deported and who do not have any other family or guardian in Sabah end up living and working on the street at a very young age, often in fish markets. A local community worker told RI, "It’s those who have nobody who are there [in the fish markets]."

The exact number of street children in Sabah is unknown, but they are estimated to be in the thousands, mostly of Filipino descent. There is strong local resentment of undocumented migrants in Sabah, and the street children are portrayed as a criminal element by authorities and the media. The children working at the fish markets are wary of outsiders and are under constant threat of raids by police. In 2006, the police arrested about 160 street children who were placed in detention. Those with family contacts were eventually released, but there is no information on the whereabouts of the others.

Zugoh, a 12-year-old boy of Filipino descent, works through the night at a fish market in Kota Kinabalu. He pushes a heavy wooden cart hoping that customers will allow him to transport their purchases to their car. Zugoh earns around 1 MYR, or 30 cents per customer. Zugoh does not have a father. He has a mother, but he does not stay with her. Zugoh told RI that he sleeps somewhere on the street near the fish market. He does not go to school, and he has no identity documents.

Local sources in Sabah told RI that the children living on the street often do not possess identity documents like a birth certificate. There are several reasons for this. In order to obtain a birth certificate in Malaysia, it is necessary to produce a valid passport for each parent and a certificate of marriage, documents which many migrants do not possess. In addition, those who work in rural areas are sometimes not able to travel to the national registration authority to apply for the birth certificate.

Under the UN Convention relating to the Status of Stateless Persons, the term "stateless person" refers to anyone who is not considered a national by any State under the operation of its law. The absence of a birth certificate does not mean that a child is stateless. However, when a child does not have a birth certificate and she has no other way of tracing her family’s country of origin to apply for a passport, then the child may indeed be stateless or at risk of statelessness.

Interviews with migrants suggest that both Indonesia and the Philippines grant citizenship through the nationality of the parents, adhering to the principle of jus sanguinis. Currently, individuals of Indonesian and Filipino descent must travel to their country of origin in order to apply for a passport. However, there is an Indonesian consulate in Sabah which could assist those of Indonesian descent with the processing of identity documents. There is no permanent consular presence for the Philippines, however, due to an unresolved dispute between the governments of Malaysia and the Philippines over the ownership of Sabah.

The existence of undocumented children in Sabah who may be vulnerable to statelessness is a complex and politicized issue. Recognizing the problematic situation, Malaysian non-governmental organizations and the Malaysian Human Rights Commission (SUHAKAM) have conducted fact-finding missions to Sabah. Both the Office of the UN High Commissioner for Refugees (UNHCR) and the UN Children’s Fund (UNICEF) report that their offices are monitoring this issue. While steps are being taken to assist undocumented children in Sabah, many are still in need of increased protection and access to their basic rights, including an identity, a nationality, and education.

Refugees International, therefore, recommends that:

The Government of Malaysia

• Ensure that all births in Malaysia are registered. • Convene discussions on the issue of children vulnerable to statelessness in Sabah to develop a strategic plan of assistance involving all concerned parties: the Governments of Indonesia and the Philippines, UNHCR and UNICEF, Ministers of Parliament, Malaysian NGOs and migrant community leaders. • Uphold its commitments under the Convention on the Rights of the Child and allow free primary education to undocumented children. • Cease the arrest and detention of undocumented children in Sabah.

The Government of the Philippines

• Ensure that migrants from the Philippines have regular access to representatives of the Philippine Embassy to receive assistance with the processing of identity documents for children of Filipino descent.

UN Agencies

• UNHCR undertake a survey to identify the numbers of children who are stateless or at risk of statelessness and take concrete steps to prevent and reduce statelessness. • UNICEF increase advocacy efforts on the protection of undocumented children in Sabah and support local community education programs that are already in place. • In cooperation with the Government of Malaysia, UNICEF facilitate the registration process to ensure that all children are registered at birth.

Camilla Olson assessed the situation for children vulnerable to statelessness in Sabah in April.

[ Any views expressed in this article are those of the writer and not of Reuters. ]

38 street kids are rounded up: Cops
03 May, 2007

Kota Kinabalu: An on-going joint operation by the police and City Hall at Inanam and Menggatal saw 38 streetchildren being picked up since April 19.

City Police Chief ACP Ku Chin Wah said also detained were seven illegal immigrants, five people with suspected fake identification documents and a man with expired travel documents.

Police seized about 300 suspected contraband cigarettes from eight illegal street peddlers who were subsequently detained, adding an illegal hawker was also hauled in.

At the same time, City Hall slapped 11 compounds on the public for various violations of the city’s by-laws.

He urged the public to contact City Hall’s control room number at 088-239500 if they are approached by illegal car washers and child beggars, among others.

RM1.9mil shelter to train street kids
19 April, 2007

THE Government does not have any plan to request countries like Indonesia and Philippines to provide a shelter or rehabilitation centre for foreign children caught committing juvenile crimes in Sabah.

Assistant Community Development and Consumer Affairs Minister, Jornah Mozihim, said instead the Women, Family and Community Development Ministry, through her Ministry, is in the midst of planning for a temporary shelter for street children.

The plan is to set it up at the former site of the Sekolah Tunas Bakti in Inanam at a cost of RM1.9million this year.

The allocation has already been channelled to the Welfare Services Department Sabah, she said, adding they are now awaiting the Public Works Department to prepare the plan and work scope.

The proposed shelter for street children will function as a safe house where they will be given vocational training, she told Tanjung Batu Assemblyman Mohd Kamil Datuk Mohd Kassim.

Sabah building shelter home for immigrant street children

By RUBEN SARIO

KOTA KINABALU: Sabah is building a RM1.9mil shelter home and vocational training centre for immigrant street children, Assistant Minister of Community Development Jornah Mozihim told the state assembly. 

She told Mohd Kamil Datuk Mohd Kassim (BN-Tanjung Batu) that the Women, Family and Community Development Ministry would provide the funds for the shelter in Inanam. 

She said the government would not ask the Philippines and Indonesia for funds for the shelter that would house Filipino and Indonesian kids.

Cops warn those who buy 4-D result sheets from street kids

Kota Kinabalu: City Police Chief, ACP Ku Chin Wah, said police would be pulling up people who buy 4-D result sheets from street children in the city.

"We will arrest those who stop and buy the result sheets, just as we would arrest the children," he said.

"Those caught buying the result sheets face being fined RM150 under Section 10A(2) of the Road Transportation Act 1987," he pointed out.

He said the police have decided to take this approach following numerous complaints from the public.

Meanwhile, he said in an operation with City Hall, 13 street children aged between 16 and 18 were picked up at the Sinsuran, Kg Air and Segama areas on Tuesday.

Among those detained were a 16-year-old Bajau boy who was involved in illegal car washing activities and an 18-year-old woman illegal cigarette seller.

‘Conduct ops against street kids regularly’
12 January, 2007

Kota Kinabalu: Wednesday’s major integrated operation to clean the city centre of street children, the mentally unsound, beggars, illegal street peddlers as well as car wash boys has received the thumbs-up. In welcoming the crackdown, they hoped the local authority and government agencies would carry out such exercises more often and, if possible, extend it to the city outskirts where such problems are much more serious than in the city centre. Sembulan Neighbourhood Watch Security, Social and Anti-Narcotics Chairman, Sirad Haji Tugimin, also commended those involved in the exercise. "But if they don’t it regularly, things will come back to the exact situation before. So it is best if we can have it done more regularly for the safety and benefit of all including tourists," he said. The operation led by City Hall’s Enforcement Director Mukti Muchlis, from noon till 10pm, saw more than 100 people being rounded up for further action. The exercise, concentrated on the Segama, Sinsuran, Kampung Air and Kota Kinabalu Proper (Gaya Street) areas, involved more than a hundred officers and personnel from City Hall’s Enforcement Department, Police, Rela, Immigration Department, Customs Department, Federal Special Task Force, Hospital Mesra Bukit Padang, Resettlement Unit of the Chief Minister’s Department and the Welfare Services Department. The exercise was also meant to show that the local authority and government agencies are concerned and want to ensure the city is safe and free of such inhabitants, particularly during this Visit Malaysia Year. Hoping the authorities would also include foreigners involved in the pirate public transportation sector as their future targets, Sirad said this is because the problem is worsening and may give a bad image to the local transportation services. He also urged City Hall to ensure that cleanliness at city parks and public toilets is maintained all the time, besides lighting up dark alleys.

"We also hope there will be more deployment of tourist policemen on the city streets so that the tourists as well as public will feel safe when having a stroll especially at night," said Sirad.

New shoes for street kids, neglected children

19 Oct 2006

---

KUALA LUMPUR: Come this festive
season, some 20 street kids and neglected
children will no longer be shoeless,
thanks to Bata Malaysia.

In a simple ceremony at a Bata shop here on Monday, the children of Children’s Activity Centre were presented with the shoes of their choice.

The Hari Raya gifts were courtesy of the “Program Prihatin Bata-Berita Harian”.

Bata managing director Eugenio Olabe said the programme had nothing to do with business promotion.

“It is our sincere gift, our community service. I love to see the children smile and be happy,” he said.

“This is what we do every year during Ramadan and Deepavali,” Bata senior manager (marketing) Datuk James Selvaraj said.

Among the delighted recipients were siblings Mohammad Shafiq Amirul Bachik, 10, Ahmad Sabirin, 8 and Nur Ain Syafika, 6, who lost their father two years ago.

Mohammad Shafiq and Ahmad Sabirin are living with their grandparents in Shah Alam while Nur Ain Syafika is with her aunt in Meru.

Charity event to help shelter street children

STREET children in the city’s Chow Kit area may soon have a shelter, thanks to the efforts of several individuals who organised a fund-raising dinner last night.

The event at The Wine Room, Asian Heritage Row in Jalan Yap Ah Shak, saw many artistes and generous Malaysians chipping in to help the Chow Kit Children Activity Centre (Pakk).

Pakk is a day-care centre for the homeless and displaced children. It needs a hostel to help the unfortunate children.

At present, Pakk is providing day shelter and activity programmes to the children – mostly offspring of sex workers, drug addicts and the disabled. It operates from 10am to 5pm daily.

Yayasan Salam Malaysia consultant, Dr Hartini Zainudin, who helped in the fund- raising event, said the shelter needs RM80,200 to build the hostel.

“There are 90 children registered with the centre. At least between 16 and 20 of them sleep on the streets nightly. That’s why the centre needs a three-storey shop house to place them,” she said.

She also said some of these children have had to steal to eat.

The centre’s director, Raja Azizan Suhaimi Raja Abd Latiff, said the centre also needs volunteers to help with the children.

About 200 patrons, including VIPs, attended the charity event.

They each donated RM50 as entrance fee and bought RM5 raffle tickets to win prizes sponsored by YTL Hotels and Properties, CoChine Restaurant, Spa Village and others.

Local celebrities like Izlyn Ramli, Ferhad, Nora, Ida Nerina, M. Nasir and The Platters entertained.

Among those who attended the event were Yayasan Salam chairman Tan Sri Razali Ismail and wife, Puan Seri Dayang Razali, Minister in the Prime Minister’s Department, Datuk Seri Mohd Effendi Norwawi and wife, Datin Seri Tiara Jacquelina, and actor/model Hans Isaac."

Fund-raiser today for homeless, street children in Chow Kit

29 Jun 2006
KUALA LUMPUR: They have a place to stay during the day but at night, they sleep under bridges or at stalls in the Chow Kit area.

This is the fate of children with the Pusat Aktiviti Kanak-Kanak Chow Kit, which has to close at 5pm every day since it is only licensed as a day-care centre.

Operating from a rented shoplot in Lorong Haji Taib 3, the place is also lacking in facilities like beds.

The centre has on its register some 80 street and homeless children from the area.

Determined to give the children a permanent home, Dr Tini Zainuddin, a consultant with Yayasan Salam Malaysia and a volunteer at the shelter, together with her sister, Shireen, are planning a fund-raising event involving artistes. They hope to raise RM80,000 from the event today at the Heritage Row on Jalan Doraisamy.

To be hosted by Yasmin Yusof, among the artistes taking part are Camelia, Nora, M. Nasir and Ferhad.

Lucky draws will also be held with guests having the chance to win spa and holiday packages.

Dr Tini said they were touched by the support shown by everyone involved in the event.

"It is heartening to know that many people out there do care. The event was planned at short notice. Yet preparations are going on smoothly."

She said funds raised would be used to rent a building for a new home and equip it with facilities, tuition for children and counselling sessions.

Yasmin, who was present at the Press conference, called on Malaysians to do their part in helping needy and unfortunate children.

Street kids facing bleak future… unless they can bend it like Beckham

24 Jun 2006
JASWINDER KAUR

The fate of the street children of Filipino origin in Sabah, who have no documents, is rather bleak.

TEASING one another on who is the better footballer, three boys nibble on their straws, sipping iced Milo at a coffee shop in a busy part of Kota Kinabalu.

When one boy boasted that he is the best in his group of footie junkies, his friends declared that he has a gift for talking big, and not for passing the ball.

The boys continue with their animated banter for a good five minutes and then do what they had set out to do that morning — polish shoes for 50 sen a pair.

"I would do anything to go back to school. My favourite subject is Science. I want to be a doctor," Bulalun Abdullah, a 14-year-old David Beckham-wannabe says while polishing a leather shoe.

Bulalun would rather trade his faded oversized blue shorts, grubby gray T-shirt and slippers as thin as leaves for a school uniform and white shoes.

He studied until Year Six at Sekolah Kebangsaan Sembulan.

"I thought I could go to Form One but was turned down by a few schools. In the end, I gave up and now I shine shoes," Bulalun says.

"I have a Malaysian birth certificate but can’t apply for a MyKad. My only other document is a passport which I share with my mother."

He dreams of becoming a doctor but Bulalun knows that he will end up as a labourer.

Another street child, as they are commonly known as, speaks fondly of his days at school in Kota Marudu, a town in northern Sabah.

Rio Jais, 12, studied until Year Three before being forced to drop out. He is trying to get his father, who he claims is a native Kadazan, to enrol him in school so that he can become a fireman.

"I was asked to leave school when I wanted to enter Year Four because I didn’t have proper documents," Rio says after some coaxing.

"My mother is from the Philippines, my father a local, but they are divorced. I know where my father works but it’s not easy to meet him."

Yazid Manel, 14, also went to school until Year Five before hitting the streets to earn a living.

He recently spent eight days in a temporary detention centre for illegals.

"It was scary. We are just children but we were made to stay with adults. My greatest fear is being sent to the Philippines. I don’t know anyone there," Yazid says.

"I want to stay in Sabah with my family and friends, even if I have to polish shoes forever."

The boys are among thousands of children born to Filipino migrants who, for decades, have been crossing rough seas to seek a better life in Sabah.

Many have Malaysian birth certificates but can’t apply for MyKad as their parents are from the Philippines. Others don’t even have any documents.

These children have no choice but to roam the streets in search of money. While some try to earn a decent living, others pester tourists and locals for money. Some even charge motorists a ‘protection fee’ for guarding their cars.

There are about 57,000 Filipinos in Sabah holding a temporary visit pass called IMM13 issued to refugees.

According to a source at the Sabah Education Department, the directive from the federal Education Ministry is to only allow a child of an embassy staff, a child of a professional non-citizen or a child whose parent is a permanent resident, to enrol in school.

For these children, the annual fee is RM120 (primary school) or RM240 (secondary).

According to the source, in the past, children of Filipino refugees were allowed to attend school but now they are barred.

It is learnt some schools do allow migrant children into their gates out of sympathy but for the majority, it is the streets which provide them with an education.

Philippine embassy consul general Antonio Morales says the issue of educating children is complicated.

Morales says although Malaysia is a signatory to the Convention on the Rights of the Child (CRC), providing education for children of refugees or those without documents is something that the country has to look into.

"The priority is to give education to local children. It is a complicated issue," he says.

Morales estimates there are several thousand children of Filipino migrants in Sabah and a few hundred are currently being housed in three temporary detention centres for illegals.

"One major problem is that these children are not documented when they are born in villages. It is not their fault their births were not registered. We are asking the Malaysian authorities to find a way to register their births, but we understand that it is difficult."

Nothing seems to have improved as the number of children on the streets, many of whom had been abandoned without intention by their parents who were deported home, continue to rise.

For now, Bulalun, Rio and Yazid continue to bicker about football greats and dream of becoming the next Beckham after a hard day of polishing shoes. They will stick together until forced into separation by the law.