The immigration department has agreed to release 11 children and five pregnant women from detention after a meeting with several human rights NGOs today.

Their release, however, will be subjected to several conditions such placing the asylum seekers in shelters run by the United Nations High Commission for Refugees (UNHCR) or NGOs.

Immigration Department Chief Wahid Md Dom and his enforcement chief Ishak Mohamed held a three-hour closed-door meeting with the groups today at the immigration headquarters in Putrajaya.

The NGO delegation comprised Suara Rakyat Malaysia (Suaram), Tenaganita, Women's Aid Organisation, Aliran, National Human Rights Society, Labour Resource Centre and Amnesty International (AI).

"Our ideal solution was for the detainees to be released to their community. But during the meeting, the department made it clear that the Immigration Act classifies them as illegals," said Suaram executive director Yap Swee Seng.

This is because Malaysian law does not recognise refugees. But the department agreed to free the 16 detainees on humanitarian grounds, although they risk being rearrested, he said.

"They said that they were merely the enforcement body and suggested that we revert to the government on the matter of policy,"Yap said.

Respect treaties

The meeting was held after a memorandum was submitted to Wahid appealing for the release of children and pregnant detainees.

In it, the NGOs had argued that deplorable conditions and overcrowding at the immigration detention centres were hazardous to the health and well being of children and pregnant detainees.

They also urged the department to recognise the basic rights of children and women as enshrined in the Convention on the Rights of the Child and Convention on the Elimination of All Forms of Discrimination against Women, both which have been ratified by Malaysia.

According to Yap, other terms of agreement reached were:

  • The department will grant access to child and pregnant detainees to the UNHCR and NGOs on a case-by-case basis;

  • The department will provide UNHCR and NGOs information on the detention of asylum seekers and undocumented workers; and

  • Future meetings will be held between the department and NGOs to find solutions to problems faced by undocumented workers and asylum seekers.

    • AI campaign coordinator K Shan told reporters that Malaysia's role in the United Nations Human Rights Council as well as being a leading Asean country are not reflected in its treatment of asylum seekers and undocumented workers.

    "This is a global phenomenon that cannot be avoided and the government should take positive steps to address the issue," said Shan.

    He added that some Asean countries were facing turbulent times and that the government cannot ignore the impact.