Chapter 3 - Report of the Research and Policy Development Group • Article 12 (Right to health) °° In developing healthcare services, the Government is seen as treating this as a commodity rather than an essential service. It was pointed out that the right to health is interrelated with the right to decent work, education and poverty. °° • There is unequal distribution of healthcare services, particularly in remote areas where the Orang Asli/Asal live. It may seem that overall healthcare services have improved, as evident in the increase in life expectancy. However, disaggregated data, based on geographical areas and on gender and ethnic groups, indicate otherwise. Article 11 (Right to adequate housing) °° Concern was raised in relation to the building of houses for the Orang Asli/Asal, as this does not take into account their cultural identity and way of life. °° The right to adequate housing includes the need for a location which allows access to employment options, healthcare services, schools, childcare centres and other social facilities. However, indigenous communities who have been relocated from the site of the Bakun Dam in Sarawak face several problems. Their houses are claimed to be of poor quality, while basic facilities such as a school or clinic are lacking. The villagers are forced to travel to the Sungai Asap resettlement area, which is some distance away, to access such facilities. • Right to form a family life Lesbian, gay, bisexual and transgender couples in Malaysia are not allowed to legally adopt children. This violates their right to form a family. Migrant workers are similarly not permitted to enter into marriage during their stay in Malaysia. • Right to culture The Local Government Act in Kelantan and Terengganu prohibits certain cultural activities such as Mak Yong performances. In addition, Muslim women above the age of 18 are not allowed to participate in any cultural performance or activity. • Right to education The number of refugee children is increasing in Malaysia. Domestic laws do not recognise their right to education. • Right to work There is discrimination against the Orang Asli/Asal who receive much lower wages than migrant workers. • Rights of migrant workers °° The Malaysian Trade Unions Congress has urged the Government to formulate a law to protect migrant workers from irresponsible employers, but the response has not been encouraging. At the same time, enforcement of current laws is weak. For example, even with the Workmen’s Compensation Act 1952 (Act 273), there are many cases where migrant workers have not received compensation. 89