I was at the Pekan Nenas immigration court on Oct 10, when I observed two boys aged approximately 13, seated next two a woman. All three were handcuffed.

Curious as to the necessity of handcuffing two children, I inquired as to their offence. The children were reluctant to say much but the woman - a Malaysian - explained that she had been detained whilst attempting to pass them off as her own children in order to obtain Malaysian passports for them. The children, she said, were Sri Lankan nationals.

When pressed, the children were only able to say that their families had paid an agent for their travel to France. There, they were meant to join their uncles. However, they were passed from stranger to stranger, the last being the woman detained with them.

They had only met her the day before their visit to the immigration office in Johor Baru. The agent's plan was however interrupted when the children were detained together with the woman.

The woman was charged and bail was offered. Her trial was fixed for Nov 3. She was unrepresented. The children, however, were not brought to court.

After the proceedings for the day, further inquiries were made at the immigration detention center. It was learned that a deportation order had been issued against the children as they were not in possession of their passports. However, the children would be held in detention until they completed their testimony against the agent who had been charged.

An interview with the children was permitted, during which time, it was learned that the children had been detained on Oct 3 and had not been permitted to call their parents to inform them of their arrest.

I permitted them to call their homes to notify their families of their arrest after obtaining permission from one of the officers. It was only then that the children resurfaced from the emotional paralysis they had clearly endured that past week. They wept with fear and relief as they spoke to their families recounting their ordeal.

I have written appeals for cooperation from the Consular Officer, foreign affairs ministry, the Pekan Nenas Depot head, the Sri Lankan High Commission and the Social Welfare Department.

However, no feedback has been received over the past three days last week from any of these parties save the Sri Lankan High Commission which recommended that the immigration department at Pekan Nenas apply to them directly to facilitate the issuance of emergency travel documents.

The families of the boys are frantic about their detention and call often to inquire about progress concerning their release. At time of writing (Oct 17), the children have already spent thirteen days in detention.

Malaysia has ratified the United Nations Convention on the Rights of the Child (CRC). The Committee on the Rights of the Child has recommended that children not be detained for immigration offences and instead, ‘develop a legislative framework for the protection of unaccompanied children in line with international standards’. However, it is apparent this information is not being filtered down adequately.

The UN's ‘General Comment No.6 on the Treatment of Unaccompanied and Separated Children’ recommends , inter alia , to ‘reunify separated and unaccompanied children with their families as soon as possible.’

Malaysia's human rights track record, will be subject to the upcoming review at the United Nation's Universal Periodic Review in Geneva in February next year.

I, therefore, appeal to the relevant authorities to provide any assistance available in order that the children may be removed from detention and placed in an appropriate home on an urgent basis