Officers from the United Nations High Commissioner for Refugees (UNHCR) have been assured of their rights to be present during proceedings involving child refugees, a Kuala Lumpur High Court ruled yesterday.

Justice Abdul Kadir Musa upheld an application submitted by counsel Amer Hamzah Arshad who represented the UNHCR in seeking a revision against a magistrate's ruling earlier this month.

On Oct 11, magistrate Norizan Che Meh had disallowed the presence of a UNHCR officer during a trial against a UNHCR-recognised child refugee.

The minor was charged for allegedly entering Malaysia without proper documentation but pleaded not guilty.

In his application yesterday, Amer has argued that the presence of the UNHCR officer should be allowed in pursuant to section 12(3) of the Child Act pertaining to persons who may be present in court for children.

Under the clause, it reads that court officers, the children in the case, their parents, guardians, advocates, witnesses, other persons directly concerned in the case (to be determined by the court) are allowed to be present in the court for children.

The counsel said a recognised child refugee is within the mandate of the UNHCR and the child's welfare and well-being are the responsibility of UNHCR.

"Moreover, since recognised refugees deserve international protection, UNHCR is concerned with the prosecution of refugees under the immigration laws.

"Therefore, based on the foregoing reasons, it was submitted that an officer from UNHCR would be a person 'directly concerned in that case' or a 'responsible person' within the context of section 12(3) of the Child Act," he contended.

Error of laws

Amer, who often represents refugees in court also said that the presence of a UNHCR officer is of great importance and assistance to the child and be in tandem with the spirit of the Convention on the Rights of Child, in which Malaysia is a signatory.

He asked the court to ascertain whether an error of laws had been made when the magistrate disallowed the presence of UNHCR officer during the proceedings in session.

Justice Abdul Kadir then upheld the application. UNHCR officers Christian Baureder and Asha Dhillon were present yesterday while Khairul Anuar Wahab prosecuted.

A UNHCR officer when contacted today said he was pleased with yesterday's decision as it could be cited as an important precedent in future similar cases.

"We welcome the high court's decision and view it as a positive development because in the case of minor, the rules are much more stricter in determining who could be present during the proceedings," said the officer who declined to be named.

However, he said that UNHCR normally does not face obstacles in attending court proceeding involving child refugees.

"That was the first case that we were denied presence and hence we made the application," the officer added.