Key Issues
Some Orang Asli children had even claimed that they were bullied and treated harshly by
their teachers. Consequently, the Commission has come across cases where young Orang
Asli children had left their boarding schools without permission to return to their families as
they could not adapt to the new environment. More recently, in October 2015, seven young
Orang Asli students ran away from SK Tohoi boarding school. When they were found 45 days
later, only two had survived while the others had died from drowning, injury, or starvation. It
was later discovered that they had fled from the school as they were afraid of being punished
harshly for swimming in a river without their teacher’s knowledge.
Refugee and undocumented migrant children form another doubly vulnerable group that
is not only excluded from accessing formal education, but also faces various forms of
discrimination. The Commission is particularly concerned with the detention of refugee
and irregular migrant children, especially unaccompanied minors, in immigration centres.
It has been reported to the Commission that as of 8 November 2013, a total of 782 migrant
children were placed in immigration detention centres throughout Malaysia. The Commission
stresses that placing children in detention centres can prove detrimental to their physical
and psychological well-being as they are exposed to numerous possible health and safety
risks. The Commission urges the authorities to introduce an alternative to detention policy in
order to release those children into the community with the necessary support to education,
health, and other relevant services to ensure their safety and development.
Children are more vulnerable than adults, and therefore, need special safeguards and care
including appropriate legal protection as, very often, failings in such safeguards are the
result of losing sight of the needs of the child, or placing the interests of adults ahead of the
needs of the child.
In line with the CRC, the Commission emphasises that the principle of the best interests of
the child must be consistently applied and integrated into all policies, programmes, legislation,
as well as judicial decisions affecting the child.
9.
BUSINESS AND HUMAN RIGHTS
International human rights standards have traditionally been the responsibility of governments,
aimed at regulating relations between the State and individuals and groups. However, the
increased role of corporate actors has given rise to the issue of business impact on the
enjoyment of human rights. Similarly, in Malaysia, there is increasing public expectation
for private actors, including business enterprises, to ensure that their conducts respect the
rights of individuals and society.
However, there appears to be little progress on the part of business actors in Malaysia
to realise this expectation. One of the key factors that may have contributed to this slow
development is the fact that there is currently no particular law in Malaysia that specifically
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