Kuala Lumpur - Ever so often the plight of Asia’s
children who are victims of sex tourism is highlighted in the media. But
the East is awash with another category in even greater numbers of
faceless young victims living in a murky world unnoticed by their own
societies or the West.
They are referred to as the “undocumented
children”.
Earlier this month, human rights activists, church
workers, staffers of the UN High Commission for Refugees and other
stakeholders from the Southeast Asian countries of Thailand, Malaysia,
Myanmar, Cambodia, Indonesia and the Philippines met in the Malaysian
capital to draw the world’s attention to these children.
“There
are no accurate figures for the number of stateless children in
Thailand,” says Janejinda Pawadee, human rights advocate in the Chiang
Mai office of the International Justice Mission.
“Thailand’s human rights record suffered another
blow when the authorities refused to provide birth certificates to the
new-born babies of illegal immigrants,” says Janejinda Pawadee, human
rights advocate in the Chiang Mai office of the International Justice
Mission.
Without documents, these babies are “non-entities”,
do not exist legally, and therefore have no right to education, health
care or a future.
Thailand has many undocumented indigenous hill tribes
who, without documents to prove their status, are considered illegal
immigrants. Their children are therefore also non-entities.
In
March there were nine official temporary shelters for “persons fleeing
fighting” in Myanmar in four provinces along the Thai-Burmese border.
Janejinda says that in March there were nine official
temporary shelters for “persons fleeing fighting” in Myanmar in four
provinces along the Thai-Burmese border.
According to her, birth certificates are refused the
children of both registered and unregistered parents in refugee camps.
“There are no accurate figures for the number of
stateless children in Thailand,” says Janejinda. “But it is estimated
that there are more than one million illegal workers in the country,
excluding their dependents.”
Eighty percent have fled wars, persecution and poverty
in Myanmar.
“Thailand is signatory to the Convention on the
Rights of the Child, but it has reserved the right not to grant Thai
nationality to all children born in the country,” she says. “The
authorities are concerned that registering the birth of the illegal
immigrants’ newborn will cost Thailand a fortune in providing them
education and health care. Worse, it might lead to the children’s claim
on full Thai citizenship later.”
Thailand’s neighbour, Cambodia, is awash with
undocumented children for the simple reason that their peasant parents
have their hands full simply eking out a daily living.
The country of 13 million is still trying to recover
from its past under Pol Pot’s Khmer Rouge regime in the latter half of
the 1970s.
“Emerging from a traumatic history, Cambodia is one
of the 20 poorest countries in the World,” says Um Sophana, who works in
a children’s project run by World Vision.
“The majority of children and families live in
poverty and struggle to meet even the most basic needs of food and clean
water,” she says.
“It is estimated that over 10,000 children live on
the streets in Cambodia, usually orphaned, abandoned or from broken
families.
“Over 600,000 children between the ages of five and
17 do not participate in education or normal play activities because their
circumstances have forced them into the workforce, scrap collecting,
scavenging and begging.
“It is estimated that over 20,000 people are involved
in the sex trade. Over one third are believed to be children,” Sophana
says.
Malaysia’s undocumented children, on the other hand,
are the unwitting product of the enormous economic growth it has undergone
in the past 30 years, combined with the shortage of a local workforce.
“The state of Sabah, close to Indonesia and the
Philippines, is home to about 500,000 foreign workers and more than half
are illegals,” according to Pastor Hanoch Wong.
Children are consequently not registered because their
parents are afraid to let the authorities know they’re in Malaysia.
“Many arrived clandestinely, while others arrived on
tourist visas but went underground once their visas expired. Other
migrants entered Malaysia legally but under a category other than
workers.”
These adults are all illegals, and their children are
consequently undocumented. As such they have no legal status in the
country.
Arist Merdeka Sirait of the Indonesian Advocacy Centre
for Children in Need of Special Protection reports that - based on a
document of the United Nations agency UNICEF - 26 percent of Indonesia’s
90.2 million children - or about 23.5 million - are undocumented.
“Society feels that to get birth certificates is too
expensive. Or many families in villages or remote areas since their
ancestors do not have family documents like marriage certificates or even
know when their children were born.”
As a result of being undocumented, children do not have
access to health, education and other rights, according to Sirait.
“They tend to fall victim to economic and sexual
exploitation, and human trafficking,” he says.
Based on one report, there are 800,000 illegal migrant
workers from Indonesia in Malaysia. They work on plantations or
construction sites, or as domestic workers or prostitutes.
“The same report estimates there are around 240,000
undocumented children of these illegal workers,” Sirait adds.
The group meeting in Kuala Lumpur issued a communiqu้
in which they said the plight and condition of undocumented children are
related to the overall issues and problems faced by migrant workers in
general and undocumented migrants and refugees in particular.
“Like their parents, the undocumented children are
stateless, unprotected and vulnerable to different forms of exploitation
and discrimination.”
Many had fled deepening poverty and growing
unemployment as well as a heightening military situation and human rights
abuses in their home countries.
“These marginalized people are being used in the host
country as a source of cheap and docile workforce to serve and fulfil the
needs of big business in order to be competitive and guarantee more
profits.
“The unjust policies of globalisation which impacts
negatively among especially farmers, workers, fisherfolk and indigenous
people who are directly affected by the liberalized economy and policies
on trade and investments add to their misery.”
The communiqu้ continues: “The undocumented
children of the migrant workers, irrespective of their status and
conditions in the host countries, have fundamental rights that must be
protected since they are human beings. These rights are defined and
enshrined in internationally recognised conventions and instruments”
such as the UN conventions and the UN Declaration on the Rights of the
Child.
Churches and non-governmental organisations should work
hand in hand in establishing appropriate mechanisms in addressing the
problems of the undocumented children.
“We recognise the importance of engaging governments,
inter-governmental organisations and other related bodies like the United
Nations,” the participants said.