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 25 BOOK-ANR2016-01-latest.indb 25 08/04/2016 3:32 PM

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