Homelessness, Begging, and The Destitute Persons Act

1977 Policy Paper

Homelessness and begging are matters of great concern to everyone. .

Non-government and government agencies alike are looking for ways to reach out to

persons in need and develop practicable, long-term solutions for the problems they face.

For nearly 40 years, the Destitute Persons Act 1977 has been at the core of federal and state

strategies for dealing with begging and homelessness. By this law, government officers

have the power to conduct raids on ‘destitute persons’ and detain them in welfare homes.

Such measures depr ive people in need of fundamental l iber t i es . .

Also, they do not demonstrably improve social and economic stability in their lives.

Our capacity for reducing poverty and social exclusion—two key factors at the root

of begging and homelessness—hinges on our ability to find effective solutions.

Specifically, such solutions must guarantee income security, housing security,

health security, balanced development and equal opportunity for all. .

ACKNOWLEDGMENTS This paper was written to provide insight into matters relating to homelessness and begging in Malaysia. The first section on The Destitute Persons Act 1977 introduces issues and recent developments surrounding current policy. The subsequent section on A New National Strategy stands as an overview of policy fields of key relevance to homelessness and poverty, as well as how security in each of these fields may be effectively monitored. We would like to express our sincere gratitude to the many individuals and organizations who so generously provided substantial input and contributed their efforts towards constructing the report.

Prepared by: Kuala Lumpur Committee to Address Homelessness and Poverty (KL-CAHP)

With Support from Dapur Jalanan Food Not Bombs-KL Institut Rakyat Kaseh4U Kindness KL Urban Fellowship Lawyers for Liberty Need to Feed the Need Persatuan Kesedaran Komuniti Selangor (EMPOWER) Reach Out Malaysia Region of Love The Nasi Lemak Project Ubuntu Malaysia

Table of Contents

Executive Summary…………………………………………1

Introduction…………………………………………………3

Homelessness……………………………………………………3

Begging…………………………………………………………3

The Destitute Persons Act 1977………………………………5

A New National Strategy…………………………………………7

Homelessness ………………………………………………8

Begging……………………………………………………13

Conclusion……………………………………………………14

RECOMMENDATIONS…………………………………….15

1

Executive Summary

Homelessness and begging have become subjects of growing attention in Malaysia. For some, each represents a problem because of how it may affect the image of our cities. Others raise concern for their connection to issues of family, health and social and economic exclusion. Accordingly, non-government and government agencies alike have expressed keen interest in the development of practicable solutions.

The Ministry of Women, Family, and Community Development – responsible for matters of social welfare – plays a key role in determining policy to address homelessness and begging. In June 2014, the Ministry announced a new initiative, called Ops Qaseh, to address homelessness in Kuala Lumpur by sweeping the streets of homeless persons and sending them to homes for rehabilitation. Earlier, in April 2014, the Ministry also revealed plans to criminalise begging through amendment to federal law in an effort to tackle syndicates and discourage people from asking for alms.

Both of these strategies employ powers assigned to the Ministry and other government authorities through the Destitute Persons Act 1977. This federal Act allows for social welfare and other appointed officers to conduct special operations for: a) taking into custody any member of the public deemed to be a “destitute person”, defined as someone appearing homeless or begging, and b) admitting such persons to special facilities for “care and rehabilitation” run by the Ministry of Women, Family, and Community Development.

Women, Family, and Community Development Minister Rohani has stated in the press that through policies such as these the government aims to achieve “zero homeless[ness]” by the year 2020.

______________

The Destitute Persons Act has been the core of homelessness strategies for nearly 40 years. By allowing government officers to forcibly remove law-abiding individuals from public spaces, it undermines the security and well-being of anyone deemed to be a ‘destitute person’, and violates fundamental freedoms and personal liberties. Over the past century, anti-vagrancy sweeps and the criminalisation of begging have proven to be ineffective in reducing both homelessness and begging as they do not effectively address the social and economic root causes (which include, as many people experiencing homelessness stress, a lack of affordable housing and inadequate income due to health problems, low wages, labour exploitation and/or workplace discrimination). Nevertheless, such measures continue to be implemented despite significant cost, amounting to millions of Ringgit annually.

The Ministry offers that its welfare homes such as Desa Bina Diri, providing shelter, food and counseling are part of a solution. But, by involuntarily detaining people in such institutions, the state ironically deprives individuals of the autonomy they need to navigate, and overcome, circumstances surrounding their poverty. Here, basic needs may be met, but only at the cost of precious personal liberties. This is neither adequate as a form of public welfare assistance, nor does it address the root of the problems of poverty and homelessness. The failure of operations and institutions under the Destitute Persons Act lies in the overall system’s punitive approach. Government programmes should always be voluntary, not compulsory. And they should be designed based on consultation with the people they aim to serve.

2

Malaysia has made progress in recent years in developing a greater understanding of the connection between homelessness and matters of universal interest to all. Insecurities in income, housing, and/or health can lead to hardship and even homelessness in peoples’ lives. Also, regional disparities in the level of social and economic development across Malaysia, as well as social and economic discrimination against certain groups in society, mean that countless people face greater difficulties in accessing education, employment, and other opportunities for economic stability and personal achievement.

______________

We propose that, rather than seek out and detain alleged destitute persons, the Ministry of Women, Family, and Community Development and other relevant agencies instead develop and adjust policies and programmes within the scope of their authority to constructively address the causes and effects of homelessness, while honoring each individual’s right to dignity and self-determination.

Proactive parallel efforts ought to be made by all related government agencies, including but not limited to the Ministry of Urban Wellbeing, Housing and Local Government; the Ministry of Human Resources; the Ministry of Rural and Regional Development; and the Ministry of Women, Family, and Community Development to:

a) reduce homelessness through a holistic, inter-agency approach to developing and enhancing services for achieving long-term solutions to homelessness, and . b) prevent homelessness by recognising target issues and groups, identified through continual consultation with persons experiencing homelessness, and improving related programmes, policies and schemes in light of beneficiaries’ input, recommendations, needs and priorities.

Ultimately, our capacity for reducing and preventing homelessness hinges on our ability to learn of present circumstances by listening to the experiences of homeless individuals and utilise such insight to guarantee income security, housing security, health security, balanced development and equal opportunity for all.

______________ In this paper, we offer a number of recommendations relating to the issues of homelessness and begging by considering,

1) Present policy: The Destitute Persons Act 1977, and

2) A New National Strategy, to improve public responses to:

Homelessness, through specific and appropriate attention to:

Income

Housing

Health and Well-being

Regional Disparities

Vulnerable Groups

Begging, through specific and appropriate attention to:

Forced Begging

Voluntary Begging

3

Introduction: Homelessness and Begging

Homelessness Homelessness affects thousands of persons across Malaysia—people from all ethnicities, age groups, education levels, and geographic regions. In a 2010 survey, the Social Welfare Department counted 1,387 rough sleepers in Kuala Lumpur alone. It also identified several factors contributing to homelessness, such as unemployment, low income levels, ageing, disability and problems with physical and/or mental health. Homelessness can arise in many different ways. Often, individuals become vulnerable to homelessness as they grapple with issues such as unemployment, labor exploitation (including unpaid wages), housing loss, physical illness or injury, mental health problems (including clinical depression), debt, family breakdown, addiction, domestic violence, and/or legal problems. Homelessness does not often come as the result of a sudden, single event. Instead, it tends to occur after a series of interconnected events—such as a health problem, leading to unemployment, leading to bankruptcy, leading to divorce. These complex, overlapping problems can exhaust most—if not all—of one’s financial, material, and social resources. Moreover, the process of becoming homeless, and the experience of homelessness itself, also involve multiple physically and psychologically taxing or traumatic experiences. Thus, while persons experiencing homelessness need material, financial, and social support, they also need health care services for proper recovery of their physical and mental health. However, a concern for homelessness is not just a concern for individuals; it is also a concern for the country as a whole. This is because homelessness, when viewed at a national level, can be a sign of larger structural social or economic issues that exist beyond the control of any one person. That is, problems in the lives of large numbers of individuals often have roots in regional, national or global changes. These may include shifts in labour markets, national and local economies, social and cultural norms, natural resource management, the cost of living, and general availability of health care, education and affordable housing, among other things. To effectively address homelessness, we must understand individuals’ personal struggles as well as broader structural social and economic issues. The former will instruct us in how to create pathways out of homelessness, while the latter will guide us in how to prevent future homelessness from happening.

Begging Begging may be defined as soliciting strangers for money—often in public places. Persons who beg include women and men, children and adults, Malaysians and non-Malaysians and persons with and without disfigurements or disabilities. Each person engages in begging under different circumstances and for different reasons.

4

In order to understand begging effectively, one must first know the difference between forced and voluntary begging. Forced begging is where an individual begs because of coercion (such as by a threat of abuse or violence), whereas voluntary begging only occurs as an expression of an individual’s own free will. One key concern with regard to begging is syndicates. Some believe that people who beg form associations of their own for maximising profit. Rumours of such associations popularly existed for over half-a-century yet have historically been found to be untrue whenever investigated by social welfare authorities1. On the other hand, organisations combating modern-day slavery report a growing global problem of forced begging by organised crime (often hand-in-hand with human trafficking2). The 2014 Trafficking in Persons report included mention of forced begging of children in Malaysia. Globally, evidence shows that tackling criminal syndicates requires adequate mechanisms for dismantling networks while protecting child and adult victims. However, many people who engage in begging do so voluntarily. This is because, for them, it is a means to survive. Recent surveys on begging in San Francisco (2013), Las Vegas (2007), Toronto (2002), Edmonton (2010), and Melbourne (2009), all evidence that persons asking for money on the streets are overwhelmingly homeless, disproportionately disabled or ill, and typically living in extreme poverty. A recent exploratory survey in Kuala Lumpur had nearly identical results, showing begging to be a survival strategy of last resort3. The last extensive government studies into begging in Malaysia were conducted in the 1950s and 1970s by social welfare authorities. In each case, these reports concluded that, “beggars… are [not] a lazy fraudulent group, preying profitably on the [trust] of the public. Their physical incapacity [is] real, their poverty demonstrable”4. There is reason to believe this holds true today. Reports to the contrary are anecdotal, not empirical, in nature. Between 2000 and 2009, social welfare officers across Malaysia took an average of 1300 persons into custody each year for begging and homelessness (roughly 5% children)5 under the Destitute Persons Act 1977. Many people who are neither begging nor homeless are also caught, such as tissue sellers or street performers. Moreover, despite decades of implementation, no evidence exists to show that this law has been effective in reducing problems at the root of begging or homelessness; in fact, it may be causing more problems. It is time that we review the policy, and find a true solution.

1Department of Social Welfare. (1955). Beggars in the Federation of Malaya. Kuala Lumpur: Caxton Press Ltd: pp. 9-10; Ministry of Welfare

Services. (1975). Survey on Beggars and Vagrants in Peninsular Malaysia. (Lapuran Kajian Peminta-peminta Sedekah dan Kuturayau-Kuturayau di Semenanjung Malaysia): p. 107. Available at Arkib Negara: Reference number 1990/0006345 No. 12. 2 Such as where persons are trafficked specifically for the purpose of coercing them to engage in begging, peddling, or illicit activities. 3 Rusenko, R.M. & Loh, D.Y.M. (2014, October 20). Begging, the Destitute Persons Act 1977, and punitive law: An exploratory survey. Paper

presented at Seminar on Homelessness: Nature, Cause, Implications and Solutions, Kuala Lumpur: University of Malaya. 4 Central Welfare Council, Federation of Malaysia. (1958). Social Survey on Beggars and Vagrants. University of Malaya: p. iii; Ministry of Welfare

Services. (1975). Survey on Beggars and Vagrants in Peninsular Malaysia. (Lapuran Kajian Peminta-peminta Sedekah dan Kuturayau-Kuturayau di Semenanjung Malaysia): p. 107. Available at Arkib Negara: Reference number 1990/0006345 No. 12. 5 Bahagian Warga Tua dan Keluarga statistics (Statistik Pengemis Yang Diselamatkan di Malaysia 2000-Mei 2010)

5

The Destitute Persons Act 1977 At present, the Malaysian government addresses matters related to homelessness and begging

primarily through application of the Destitute Persons Act 1977 (DPA 1977). This federal law

provides a foundation for regular operations (street raids) conducted by social welfare officers and

local authorities for “the control of vagrancy” and “care and rehabilitation for the destitute”.

Enforcing officers have the power to take into custody “destitute persons” (defined as anyone

presumed to be homeless or begging) and then obtain a court order, based on a welfare officer’s report,

for involuntarily admission to a state institution. The Act provides that a magistrate may first issue a

1-month temporary detention order, followed by a 3-year detention order—extendable for another 3

years. Altogether, “destitute persons” may be detained for up to 6 years against their will.

The latest data6 shows that 1,408 people nationwide were detained in 1,190 operations under the Act

in 2011. Also, Desa Bina Diri and Rumah Seri Kenangan facilities held 2,782 people in 20107.

This Act and the overall practice of rounding up and detaining destitute persons are both a

continuation of colonial anti-vagrancy policy, originally brought to the region in the 19th century. The

law and its implementation have been modified and amended repeatedly over the last 140 years.

Although begging and vagrancy were once crimes, they are not today. However, resistance to

government officers has been defined as a punishable offense under the Act.

In Ops Qaseh, the federal government’s latest initiative to address the problem of homelessness, the Ministry plans to use Desa Bina Diri to “provide food and lodging, counselling, recreational facilities, healthcare and practical training such as in agriculture, vocational skills and handicraft.” 8 While government should indeed be responsive to public need for such assistance and amenities, persons targeted under present law object to the system of arrest and detention by authorities. The practice of forcibly removing law-abiding individuals from public and sending them to public institutions for care impinges on their civil liberties and rights. Involuntary detainment also adds hardship by depriving people of dignity, autonomy, and choice in their lives.

In April 2014, the Ministry announced plans to criminalise begging through amendment to DPA 1977,

and stated its aim as to tackle syndicates and discourage individuals from publicly asking for money.

Addressing homelessness and begging through this punitive, non-consultative approach has proven to be problematic over the Act’s history. In 1958, the Central Welfare Council reported that it was “despotic” to force people into government homes by the threat of incarceration, even when such homes offered protection or training9. In 1978, the Ministry of Welfare Services produced a detailed 120 page report on begging, in which it noted beggars come from “socially disadvantaged group[s]” and that treating begging with “punitive or deterrent measures can be of little positive help”10. One research report from 2013 noted that, “[services are] not ‘offered’ [under the DPA 1977] but, rather, forced upon people as an intervention” raising questions as to why “the present system treats persons on the streets as… [having] neither the right nor effectual capacity to address their own problems”11. It also concludes that, “persons on the streets are not any more likely to escape poverty and homelessness as a result of treatment”.

6 Dewan Rakyat, Malaysia. (2012, April 25). Aturan Urusan Mesyuarat. 7 Data clarifying the number of persons who entered voluntarily and involuntarily for each are unavailable. 8Shakar, L.K. Ops to house the homeless. 2 July 2014. Retrieved on: 2 July 2014 from: The Star Online: http://bit.ly/1pV03sk 9 Central Welfare Council, Federation of Malaysia. (1958). Social Survey on Beggars and Vagrants. University of Malaya: p.15. 10Ministry of Welfare Services. (1975). Survey on Beggars and Vagrants in Peninsular Malaysia. (Lapuran Kajian Peminta-peminta Sedekah dan Kuturayau-Kuturayau di Semenanjung Malaysia): p. 109. Available at the Arkib Negara Malaysia: Reference number 1990/0006345 No. 12. 11Rusenko, Rayna M. (2013, unpublished thesis). Metamorphosis of the City, Street Homelessness, and the Destitute Persons Act. Universiti Malaya.

6

Social Welfare Department data12 for 2011 shows that a majority of persons held in Desa Bina Diri facilities have: mental health problems (44%), disabilities (16%), or chronic illness (23%). People with such health and mobility challenges are more likely to face socio-economic exclusion in society, and it is this exclusion that can lead to hardship and homelessness. However, their disproportionate representation at Desa Bina Diri suggest that these facilities do not help integrate them, but further exclude them and their poverty from view. In terms of policy, it is more logical and humane to address the physical, medical, psychological, occupational and social needs of persons with health and mobility challenges through community-based supportive services and/or residential care—ideally before homelessness occurs, rather than in institutionalisation ambiguously intended for “destitute persons”. We can achieve this by ensuring our communities are equipped to provide all people—regardless of economic and housing status—with essential specialised services, infrastructure, and assistance for maintaining good personal health, mobility and dignity, such as by expert diagnosis, physical therapy, supportive housing, barrier-free neighborhoods, disease management, trauma counseling and group homes and assisted living facilities with ongoing care for individuals and families needing extra support.

Healthy persons (without any chronic illness, mental illness, or disability) make up only 17% of the

Desa Bina Diri population. Follow up data is urgently needed on persons exiting Desa Bina Diri and

other government institutions. Without such information it is difficult to establish the short- and long-

term efficacy of such institutions in linking people to housing, employment, health care, and other

essential elements of social and economic security.

At the same time, regular nationwide crackdowns on people who are homeless and/or begging are

costly for government. Each year, there are hundreds of small- and large-scale operations, leading to

the detainment of thousands of people in over 10 institutions—all requiring countless personnel, man

hours and government resources for coordination, administration, enforcement, and upkeep.

Criminalising begging through the DPA 1977 will involve increased costs as well.

The current anti-vagrancy scheme, under the DPA 1977, is at best a short-term solution useful for

government because it allows specific agencies to reduce the visibility of homelessness and begging in

public. However, this scheme represents a problem, on practical and principle grounds, when viewed

from the perspective of potential beneficiaries, including the public, for two reasons.

One, it only responds to the effects of homelessness on society, not the root causes.

Two, it provides shelter and provisional assistance only on the condition that citizens

surrender personal liberties13.

In light of this, we propose that, rather than seek out and detain alleged destitute persons, the Ministry

of Women, Family, and Community Development and other relevant agencies instead develop and

adjust policies and programmes within the scope of their authority to constructively address the causes

and effects of homelessness, while honoring each citizen’s right to dignity and self-determination.

More effective homelessness services, as well as preventive approaches to tackling homelessness,

would bring greater social and economic security to all persons in Malaysia.

12 Social Welfare Department. (2012, unpublished). Annual Report on WTK Institutions: 2011. 13 According to Sections 4 and 8(1) of the Destitute Persons Act, no one who enters an institute for destitute persons, even one who enter voluntarily, may leave of their own volition; permission of the Superintendent appointed by the Minister is required.

7

A New National Strategy

Progress has been made in recent years in understanding the connection between homelessness and matters of universal interest to all Malaysians. Insecurities in income, housing, and/or health can lead to hardship and even homelessness in peoples’ lives. Also, regional disparities in the level of social and economic development across Malaysia, as well as social and economic discrimination against certain groups in society, mean that countless people face greater difficulties in accessing education, employment, health care, land rights and other opportunities and essential building blocks for economic stability, social connection, and personal achievement.

Ultimately, our capacity for reducing and preventing homelessness hinges on our ability to provide income security, housing security, health security, balanced development and equal opportunity for all.

First of all, addressing homelessness requires:

Recognising that homeless people are not the problem. Thousands of people experience homelessness, not because of personal or moral failure, but because of widespread social and economic problems that affect the health, wealth, work, and families. We should not think of fixing people who are homeless, but instead fix gaps in social and economic security by paying attention to circumstances at the root of homelessness, such as unemployment, lack of affordable housing, labor exploitation, lack of economic opportunity, debt, insufficient access to diagnosis or treatment for mental or physical health problems, ageing, and social exclusion.

Integrating the knowledge, experience and voice of homeless persons into the development and improvement of policies, programmes, and strategies. Persons with experience of homelessness have critical knowledge and understanding of related problems. Developing and improving solutions to homelessness requires recognising that persons with experience are our most viable and valuable resource; they ought to be included as a central stakeholder in consideration of the problem.

Recognising that resolving homelessness requires more than the provision of immediate basic needs, temporary shelter, and employment. Different people become homeless for different reasons; they also have different experiences with homelessness. Strategies for addressing homelessness must holistically take into consideration a variety of concerns surrounding income (inclusive of pensions, disability assistance, and other non-employment income), different kinds of housing and residential care, psychological and physical health, social status, and legal matters—each of which relate to both the causes and effects of homelessness on people’s lives. Persons experiencing homelessness need various forms of short- and long-term assistance to overcome root problems, recover from the harms of homelessness and re-establish personal security for the long-term.

Solidifying knowledge through research on homelessness and its relation to income, labor, health, housing, and other various policy domains. Global and local changes are continually shaping the phenomenon of homelessness. There is critical need for research and research funding within and by relevant agencies.

8

Homelessness

Income According to a 2010 Social Welfare Department survey of 1387 homeless persons in Kuala

Lumpur14:

1 in 5 (20%) named low income as the leading factor in their homelessness, and

1 in 2 (50%) named unemployment.

Moreover,

1 in 5 (20%) were senior citizens,

1 in 10 (10%) were persons with disabilities, and

1 in 5 (20%) had health problems.

Many people become homeless—and struggle with challenges to exiting homelessness—because they

do not have a sufficient or secure income to meet the costs of living. People that face difficulty in

entering the work force due to health problems or social discrimination are particularly vulnerable.

To improve income security for all, we ought to:

Ensure access to adequate income for all, and social assistance for those in need.

An adequate income—such as pensions for seniors, wages for workers, and disability or

supplemental income for persons in need—is essential for the social and economic well-being

of all. Also, access to relevant social assistance—such as for work injuries, debilitating illness,

or unemployment—can enhance economic security in people’s lives.

(Ministry of Human Resources; Ministry of Women,

Family and Community Development)

Ensure access to adequate wages by strengthening regulation and enforcement.

Many hard-working individuals, including those already homeless, suffer income insecurity

due to wage theft by employers—such as through unpaid wages, evasion of minimum wage,

overtime pay violations, and illegal deductions. Strengthening and enforcing adequate income

and work conditions through labor laws are fundamental to income security.

(Ministry of Human Resources)

Identify people in need of income security, such as in the informal sector.

Many people are excluded from current-day state and private wage, pension, and benefit systems,

including many excluded by the formal labor market. Special effort must be made to monitor

and address such gaps in income security, particularly as they relate to homelessness.

(Ministry of Human Resources)

14 Ministry of Women, Family, and Community Development. (n.d.). Profiling Golongan Gelandangan (Homeless) di Wilayah Perasekutuan Kuala

Lumpur. Putrajaya: unpublished handout.

9

Housing People who are homeless, by definition, have no place to live. While income is one factor in this

problem, the affordability, availability, and suitability of housing is another.

Housing must be:

Affordable, that is, costs should not consume more than 30% of a household’s income, by international standards15.

Suitable, that is, of good quality, located in a safe environment, and have access to transportation, adequate services, and prospects for employment and education.

Available, that is, ready within a reasonably short span of time, or immediately.

Homes serve as a foundation for personal expression, security, and independence. They are the means

by which individuals and families establish a foothold in community. Without affordable, suitable

housing available for all, society risks social and economic instability.

To improve housing security, we ought to:

Identify people in need of housing security. People are excluded from housing when it is:

not affordable (such as for low-income households), not suitable (such as for PWDs, single

parents, or general habitation), or not fundamentally available (such as when supply is short, or

due to discrimination). Special effort must be made to monitor and address such fundamental

gaps in housing security, particularly as they relate to homelessness.

(Ministry of Urban Wellbeing, Housing and Local Government)

Improve availability of affordable, suitable housing. Housing is an integral element of

community and development. Development plans must incorporate rental and

homeownership housing that suitably supports diverse household needs, and is affordable for

all income levels. Consideration must go to access to transit/transportation options, basic

services, job prospects, and other essentials.

(Ministry of Urban Wellbeing, Housing and Local Government)

Avoid reliance on short-term accommodation in homelessness policy and programmes.

As housing is often difficult to locate immediately, homelessness strategies often involve the

use of crisis shelters or introducing jobs with employer-provided accommodation. However,

such solutions—unless they incorporate channels to connect beneficiaries to stable long-term

housing—undermine housing security rather than bolster it. People must have access to

medium- to long-term housing that allows for personal independence, privacy, and freedom.

(Ministry of Urban Wellbeing, Housing and Local Government; Ministry of Women, Family, and Community Development)

Monitor and regulate employer-provided accommodations. Many people experiencing

homelessness take jobs with employer-provided beds to make up for unavailable housing.

However, such arrangements render employees highly vulnerable to labour and other abuses or

exploitations. Special effort is needed to ensure suitable and safe living and labor conditions.

(Ministry of Urban Wellbeing, Housing and Local Government)

15 For example, see US Department of Housing and Urban Development definition of “affordable housing” at:

http://portal.hud.gov/hudportal/HUD?src=/program_offices/comm_planning/affordablehousing

10

Health and Well-being Numerous aspects of personal health and well-being relate to the issue of homelessness.

Mental health, which is shaped by factors that are,

biological, meaning that there is a genetic or developmental link to one’s mental illness or disorder (e.g. depression, schizophrenia and autism);

psychological, meaning that personal trauma or strain affect one’s condition, (e.g. through neglect, loss of a loved one, or mental, physical, or sexual abuse); and

environmental, meaning that immediate social pressures and/or sudden crises (e.g. divorce or natural disaster) affect one’s mental health.

Physical health, which is shaped by chronic & non-chronic illness, injury, nutrition, and sleep.

Disability, which may be physical, sensory, emotional, intellectual, developmental or otherwise in nature.

Addiction, which is shaped by genetic, psychological, and environmental factors. It involves urges for alcohol, drugs, gambling, or other substances or behaviours and may include physical dependence.

Everyone has a right and a capacity for personal well-being in life regardless of the presence of

mental or physical health problems, disabilities, or addictions. For this reason, adequate medical,

psychological, social, and other supports are essential across the board—or else, health deteriorates.

An onset of poor health is often an underlying factor in homelessness. Homelessness itself can also

create or exacerbate health problems because of the significant physical and psychological stress

of unsheltered living.

To improve health security, we ought to:

Reduce related stigma and social and systematic discrimination. Attitudinal, physical, bureaucratic, and other barriers prevent many people with mental or physical health difficulties, disabilities, or addictions from receiving essential information, diagnosis, support and care. Many are denied equal opportunity, dignity, and choice in education, housing, employment, and assistance services, which complicates one’s life & work within community.

(Ministry of Health; Government of Malaysia)

Mainstream mental health, disability, and addiction services; also chronic illness. Public and private institutions, such as hospitals, clinics, and schools, should have the capacity to recognise need for specialised health services and assist individuals and their families in receiving them, where necessary. Access to such services can be improved by ensuring they are sufficiently integrated into general medical health care. Also, government ought to improve quality and responsiveness of services by advancing research and collaborating with public health experts to ensure policies and programmes fit client needs and rights—including those for personal independence and dignity. (Ministry of Health; Government of Malaysia)

Ensure essential health care services for unsheltered persons. Life on the streets has a negative impact on physical and psychological health—and this can further exacerbate already existing health challenges or problems, as well as employability and social relationships16. Regular, sustainable access to specialised health care services and medication is essential for re-establishing well-being and exiting homelessness.

(Ministry of Health; Ministry of Women, Family, and Community Development)

16 Goodman, L. A., Saxe, L., & Harvey, M. (1991). Homelessness as psychological trauma: Broadening perspectives. American psychologist, 46(11), 1219; Thomas, B. (2012). Homelessness Kills. An analysis of the mortality of homeless people in early twenty-first century England. London: Crisis.

11

Regional Disparities According to a 2010 Social Welfare Department survey of 1387 homeless persons in Kuala Lumpur:

Approximately half were originally from Selangor (29%), Perak (20%), or Kuala Lumpur (6%).

Roughly 5% came from each of: Negeri Sembilan(7%), Johor (6%), Pahang (6%), Penang(5%),

Kedah(5%), Kelantan(4%), Sabah(4%), Sarawak(3%), Melaka(3%) and Terenganu (2%).

While economic growth has been achieved across all states and territories, development is still

concentrated in just a few, like Kuala Lumpur and Penang. Such disparity in development complicates

individual opportunity for work and education, as well as access to utilities, infrastructure, and basic

necessities for persons in less developed areas. Wide disparities in per capita income and infrastructure

tend to exist between states—and these motivate people from less developed areas to pursue

opportunity, mobility, and a greater quality of life in more rapidly developing areas like Kuala Lumpur.

To improve income security, housing security, health security, and a satisfactory quality of life in all

regions across Malaysia, we ought to:

Ensure more balanced national development. A keen focus should be placed on areas

where inadequate infrastructure and services contribute to pronounced inequalities in

education, transport, health, and housing. Inequalities such as these can be ameliorated

through allocation of national resources in line with regional priorities and needs. This will

allow all Malaysians to achieve the standard of living they desire without having to relocate to

more developed, or rapidly developing, areas.

(Ministry of Rural and Regional Development)

Vulnerable Groups

Homelessness disproportionately affects certain marginalised groups in society. People who face

marginalisation have fewer opportunities for, and more barriers to: quality education, stable

employment, suitable housing, adequate health care, and social support, among other things. Without

these building blocks for a secure life and livelihood, people in marginalised groups are more likely to

struggle with low or no income, poor health, social isolation, and difficulty meeting their own needs

and the needs of their families.

Policy and initiatives must recognise, assess and address the vulnerability to homelessness of specific

social and economic groups. Reducing and preventing homelessness among these vulnerable groups

ought to be given priority. Such groups include:

Persons with mental health problems, vulnerable to homelessness due to: ◆Social stigma - insufficient public understanding, awareness, and support ◆ Employment, education, and housing discrimination ◆Special needs - higher cost of living ◆Difficulty in accessing adequate medical health care

12

Persons with addictions, vulnerable to homelessness due to:

◆Social stigma - insufficient public understanding, awareness, and support ◆Difficulty in accessing adequate medical health care or professional treatment

Children, vulnerable to homelessness due to: ◆More likely to be economically dependent on others for security ◆Susceptibility to neglect, abandonment, or abuse

LGBT people , vulnerable to homelessness due to: ◆Social stigma - insufficient public understanding, awareness, and support ◆Difficulty in accessing adequate medical health care ◆ Employment, education, and housing discrimination

Senior citizens, vulnerable to homelessness due to:

◆More likely to be economically dependent on others for security ◆Social isolation ◆Susceptibility to neglect, abandonment, or abuse ◆Employment, housing discrimination ◆Difficulty in accessing adequate medical health care ◆Special needs - higher living cost

Persons with disabilities, vulnerable to homelessness due to: ◆Social stigma - insufficient public understanding, awareness, and support ◆Special needs - higher cost of living ◆Difficulty in accessing adequate health care ◆ Employment, education, and housing discrimination ◆More likely to be economically dependent on others for security

Persons facing abuse, vulnerable to homelessness due to:

◆Social stigma - insufficient public understanding, awareness, and support ◆Difficulty in accessing adequate medical health care or professional treatment ◆More likely to be economically dependent on others for security

Unmarried individuals, couples, families, vulnerable to homelessness due to: ◆Limited public programmes for assisting unmarried individuals and their partners and dependents

Low-income workers, vulnerable to homelessness due to: ◆Social stigma - insufficient public understanding, awareness, and support

Formerly incarcerated persons, vulnerable to homelessness due to: ◆Social stigma - insufficient public understanding, awareness, and support ◆ Employment, education, and housing discrimination

Refugees, vulnerable to homelessness due to: ◆More likely to be economically dependent on others for security ◆Social isolation

◆Difficulty in accessing adequate medical health care or professional treatment .

Migrant workers, vulnerable to homelessness due to: ◆Social stigma - insufficient public understanding, awareness, and support ◆Social isolation ◆Difficulty in accessing adequate medical health care ◆ Employment, education, and housing discrimination

13

Begging

Forced Begging Criminalising begging through the DPA 1977 would only allow for prosecution of victims of forced

begging—for crimes they are coerced to commit. This neither achieves justice for the victims, nor

does it deter or subvert organised syndicates who—by their very nature—deal in illicit activities.

In order to fight human exploitation and dismantle the networks responsible, we ought to:

Fully utilise and improve present instruments for tackling human exploitation.

The Penal Code already includes numerous provisions for prosecuting acts relating to forced begging, trafficking, and forced labor—as well as for engaging in organised crime.

Section 17(1)(k) and Section 32 of the Child Act 2001 set a foundation for the protection of exploited children, and the prosecution of parties responsible for exploiting them.

The Anti-Trafficking in Persons Act of 2007 and the Council for Anti-trafficking in Persons and Anti-smuggling of Migrants cover illegal activities, including forced begging, in connection with human trafficking.

(Royal Malaysia Police; Ministry of Women, Family and Community Development,

Immigration Department, Malaysian Government)

If these laws and bodies are not yet fully capable of bringing down syndicates involved in

forced begging, then they ought to be reviewed—not the DPA 1977.

Voluntary Begging Persons who voluntarily beg do so for different reasons; a recent exploratory survey found that 9 out

of 10 people begging in the Golden Triangle of Kuala Lumpur were Malaysians struggling with poverty

and social exclusion due to advanced age, incarceration history, disability, illness and/or homelessness.

People who were not Malaysian were all Rohingya refugees. This survey, along with the Social Welfare

Ministry’s surveys of the 1950s and 1970s (see page 4), suggests that begging signifies social and

economic problems, not criminal ones. It should be treated accordingly.

In Malaysia’s recent history, until 1965, people were penalised for begging and homelessness. Rather

than reducing poverty, this swelled the number of poor people in prisons until, in 1961, the Prisons

Commissioner asked the Ministry of Interior to end such punishment because: “[Their] only offense

is the lack of means of support… I emphasise, prison is NOT the place for beggars and vagrants.”17

The penalisation of begging is a failing strategy. To address begging, we ought to:

Solidify knowledge through research on begging and related issues.

Too much of what we know about begging is based on assumptions or casual observation. There is a need for a thorough study into why people are turning to begging, their current living conditions, and what can be done to improve their plight.

(Ministry of Women Family and Community Development)

Offer homelessness assistance to persons who are homeless and begging. Any homeless individual should have access to assistance recommended in previous sections.

17 Pensuroh Jaya Penjara. (1961, 2 June) Beggar Problem: Letter 51 in Prs.Pqrs.466/53. Available at Arkib Negara: File reference number 2001/0069879.

14

Conclusion

Ensuring that persons in need have access to shelter, food, medical care and other essential resources is at the heart of good social policy. Efforts to ensure such services reach as many people as possible are both commendable and essential to addressing homelessness. However, the practice of rounding up and involuntarily detaining people in government institutions under the DPA 1977 creates more problems than it solves. Every individual—regardless of background—has a right and capacity to make their own choices. No one should be forced into government care. Moreover, time spent in welfare homes does not guarantee employment, housing or non-discrimination by society upon release. In other words, welfare homes may temporarily provide for basic needs, but only at the cost of precious personal liberties—and they do not address the root causes of poverty and homelessness.

Government programmes should always be voluntary, not compulsory. And they should be designed based on consultation with the people they aim to serve. The time has come for us to change our approach. The real experts on homelessness and poverty are those who have experienced it. Their knowledge is integral to building an understanding of the root causes. They are also the stakeholders of greatest concern, as their lives depend in many ways on our ability to work together to find solutions. In order to effectively reduce homelessness today—and prevent it for the future, we ought to create wider avenues for the real experts to participate in the planning, implementation and evaluation of relevant policies and programmes.

Recommendations call for a repeal of the Destitute Persons Act 1977; the Act is rooted in archaic laws, a legacy of past British colonial rule.

The time has come for a better approach, designed to address the root causes of poverty and homelessness. Hence, recommendations further call for a new federal strategy: a policy framework for providing greater income security, housing security, health security and equal opportunity for everyone, children and adults, regardless of background. This framework for reducing and preventing homelessness ought to be coordinated through a joint ministerial working group, ready to monitor and cooperatively tackle the social and economic issues at its root.

Policies and programmes for addressing homelessness and begging should—without exception—be designed in accordance with the equal rights, freedoms, dignity, and needs of all persons.

Specific recommendations are as follows.

RECOMMENDATIONS

15

1) Repeal the Destitute Persons Act (DPA) 1977

Set up a Law Reform Committee to guide repeal of the Act, on the basis that it violates

constitutional Freedom of Movement (Article 9(2)) and other fundamental liberties. There

should be no replacement to this law; Instead, strategies for addressing homelessness should

be determined through a Joint Ministerial Working Group (see next item).

Bring an immediate and permanent end to all social welfare and local authority operations

aimed at taking people who are homeless or begging into custody.

Terminate use of Desa Bina Diri and Rumah Seri Kenangan facilities for DPA purposes.

Review the cases of all persons who have been involuntarily admitted to Desa Bina Diri,

Rumah Seri Kenangan, and other facilities used for the purposes of the DPA. All people

should receive careful attention and assistance to help in a transition to life outside of the

institution in line with the wishes & needs of each.

· Release all persons who request release.

· Persons who request residential care should be relocated, in accordance with their wishes,

to facilities suited to their specific needs, such as those with specialised medical,

psychiatric, or disability assistance services. All residential care facilities in Malaysia ought to be

regularly evaluated, monitored and upgraded to ensure adherence to formally established requirements in

law, and satisfactorily safeguard residents’ rights, dignity and well-being.

2) Establish a Joint Ministerial Working Group on Homelessness,

inclusive of Ministry of Urban Wellbeing, Housing and Local Government; the Ministry of Human

Resources; the Ministry of Rural and Regional Development; the Ministry of Women, Family, and

Community Development and other relevant agencies to:

Oversee investigation into critical factors linked to homelessness and

Produce an Action Plan that clearly outlines what relevant government ministries

and agencies ought to do to better:

a) monitor, understand & improve conditions for persons experiencing, or vulnerable to,

homelessness as well as,

b) prevent homelessness.

Establish a cross-departmental Steering Committee for implementation of the

Action Plan.

Appoint a legal review committee to ensure that the rights, freedoms, and needs of all

persons regardless of housing status are protected, without reservation, by pinpointing

laws, policies and practices at the federal, state, and local levels that criminalise

homelessness or disproportionately penalise or discriminate against people who are

homeless, and initiate action to have them revised or terminated.

Ensure collaboration and consultation with persons experiencing homelessness

in formal processes at all stages of investigation, design, implementation, and monitoring.

Strategies for addressing homelessness must take into consideration a variety of concerns

surrounding income (inclusive of pensions and other non-employment income), housing and

residential care, health matters, public services delivery, regional development and problems

of social exclusion and discrimination.

16

All government agencies ought to help end homelessness by tackling key factors, as follows.

Income and Economic Security

Identify workers in need of income security, such as in the informal sector. Ensure that

laws regulating wages, work conditions and other labor-related matters adequately

protect all workers, and that such laws are enforced.

Ensure that all individuals excluded from the labor market due to advanced age or short-

or long-term disability or illness have equal access to economic security through

adequate coverage by pensions, disability assistance, or other non-employment income.

Housing

Identify people in need of housing security, such as low-income workers. Pinpoint and

address fundamental gaps where housing is not readily affordable, suitable or available.

Improve the provision of rental, ownership, and supportive housing through local, state,

and federal plans that consider the diverse housing needs of people at all income levels.

Help ensure affordability by fighting price speculation.

Prohibit forced evictions, conducted without the consent of tenants, as these also

contribute to homelessness and poverty.

Health and Well-being

Identify how and why varying mental and physical (including chronic) health problems

are a factor in social and economic exclusion and homelessness; Remedy these gaps.

Increase the capacity of public and private health care providers to diagnose and assist

patients and caregivers in managing health problems, including unsheltered patients.

Continue the services of National Anti-Drug Agency (AADK) to drug users in a manner

that allows users to participate voluntarily.

Public Services (General)

Ensure all people have access to expedient replacement of personal identity documents,

regardless of income or housing status.

Ensure that all agencies have trained staff and appropriate policy for providing essential

information, advice, and services to clients who are homeless or at risk of homelessness.

Streamline service delivery across departments, such as between JKM and JPN, to ensure

quality assistance and support for clients, provided in a timely and expedient manner.

Social Welfare

Identify people vulnerable to financial insecurity, such as those facing illness, age,

unemployment or disability-related problems. Ensure that public assistance programmes

offer adequate short- or long-term coverage, and reach all those in need.

The Social Welfare Department is, by definition, entrusted with a responsibility to ensure

the social and economic welfare of Malaysians. Therefore, it may play a special role by

developing homelessness-specific assistance in cooperation with government partners.

17

Homelessness-specific Items

The design, implementation, and monitoring of homelessness-specific services ought to

incorporate participation by and consultation with persons experiencing homelessness.

Any homelessness shelters or one-stop centres (OSCs) must also incorporate

participation by clients and persons with experience of homelessness in administration.

An independent Public Accounts Committee is needed to ensure funds are used

according to the budget and allocation plans.

Facilitate access to available social services, such as for housing, debt consultation, cash

aid, medical care, and skills training assistance by developing street outreach support

teams, comprised of welfare officers trained for community outreach work.

Facilitate access to secure employment by establishing job referral assistance services

that are accountable for oversight of work conditions and contractual obligations.

Organise regular roundtable discussions to ensure three-way dialogue between persons

experiencing homelessness, the voluntary sector, and government agencies.

Abolish local council ‘fees’ that are imposed on spaces of work, such as the ‘pasar karat’

which is a source of business income for homeless vendors to survive.

Regional Disparities

Ensure more balanced national development to prevent regional inequalities in education,

transport, health and housing and guarantee good standards of living for all.

Vulnerable Groups

Identify any and all groups disproportionately vulnerable to poverty and homelessness,

such as senior citizens, persons with disabilities, formerly incarcerated persons, and

refugees.

Ensure that all relevant laws and policies (e.g. Persons With Disabilities Act 2008,

National Policy on Mental Health, Drug Dependants Act 1983, Child Act 2001, etc)

adequately protect—and do not harm—the rights and interests of vulnerable groups.

Prohibit any and all forms of discrimination affecting opportunity to obtain education,

employment, housing, health care, and public services, among other things.

Begging

Forced begging and organised crime ought to be dealt with via present legal instruments

such as the Penal Code and the Child’s Act. Victims must be protected, not punished.

The giving and receiving of alms should not be treated as a crime. Rather, social and

economic problems underlying poverty and social exclusion must be identified and

addressed.