A/HRC/42/47/Add.2
that not all informal water service providers have the same understanding of the underlying
principles of human rights. He wishes to point out that, despite such good practices, the
approximately 900 households in the village have a discontinuous water supply, through
unregulated informal providers, which charge for their services without any control by a
mandated public agency. From a human rights perspective, such a situation is clearly
unsatisfactory.
E.
Undocumented children in alternative educational facilities
49.
A large number of children born in Malaysia, particularly in Sabah, are stateless,
either because they lack a birth certificate or are waiting for proper documentation
(A/HRC/40/51/Add.3, para. 23). In the absence of identity documents, children have
limited access to public education, although they are allowed to enrol in alternative learning
centres operated by private organizations in accordance with the policy on alternative
education. These alternative learning centres are not registered with the Ministry of
Education and do not benefit from its financial support for water and sanitation services.
50.
The Special Rapporteur visited two alternative learning centres and spoke to two
groups of students, each consisting of between 40 and 50 children aged between 10 and 15
years. Students from both centres helped their parents collect drinking water from the water
fountains (boreholes) or from a neighbour each morning or sometimes after school. In one
centre, half of the children had access to toilets inside or just a few steps away from their
houses. However, the other half had to walk some distance to use a toilet. When the Special
Rapporteur asked how long it took, one girl said, with great precision, “four minutes. I can
tell you exactly how long it takes because I need to time it. If I am late coming back from
the toilet, my mother scolds me.” The Special Rapporteur heard that there was a risk of
kidnapping and children disappearing in the area. In that regard, the Special Rapporteur
wishes to reiterate the recommendation of the Special Rapporteur on the sale and sexual
exploitation of children, including child prostitution, child pornography and other child
sexual abuse material, namely that the Government should ensure the registration of
alternative learning centres for undocumented children under the Education Act 1996
(A/HRC/40/51/Add.3, para. 64 (d)).
F.
Refugees and asylum seekers
51.
As at the end of January 2019, there were some 164,620 refugees and asylum
seekers in Peninsular Malaysia registered with the Office of the United Nations High
Commissioner for Refugees, the majority of whom were from Myanmar, mainly Rohingya.
Most live in Kuala Lumpur or other urbanized environments where they can secure work in
the informal market economy. However, with no legal right to remain in Malaysia, refugees
cannot work legally, which affects their livelihoods and particularly their access to water
and sanitation. The low incomes of households and exclusion from Government policies,
programmes and remedies negatively affect the ability of the refugees and asylum seekers
in Peninsular Malaysia to fully enjoy their human rights to water and sanitation.
52.
Most refugees rent housing in which multiple families or extended family members
reside together, leading to limited availability of toilet and washing facilities. In addition,
such overcrowding affects the amount of water consumed in each household and the cost
thereof. One woman explained that the monthly rent of her house was 600 ringgit
(approximately $145), which, together with the other expenses, including water bills, was
just covered by her husband’s monthly income of 900 ringgit (approximately $217). The
Special Rapporteur understands that overcrowding in those houses has become the norm,
due to the vulnerable financial situation of the refugees, which affects the accessibility and
affordability of water and sanitation.
53.
The Special Rapporteur stresses that forcibly displaced persons – refugees, asylum
seekers, undocumented persons and migrants in vulnerable situations – have the same rights
as citizens of Malaysia, and are equally entitled to enjoy access to adequate drinking water
and sanitation services (A/HRC/39/55). He strongly recommends that the Government
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