Groups back govt's decision to move minors out of depot

Advocates for alternatives to detention for children have welcomed Home Minister Saifuddin Nasution Ismail’s commitment to follow through with the ministry’s plans that could see minors moved out of the Immigration Department’s depots into external shelters.

Their stand is in line with a general view that no children should be kept in detention, while also focusing on circumstances faced by unaccompanied minors - currently numbering 679 detainees in 19 depots, according to government data as of April 12.

The remaining 351 children are detained together with either one or both parents, mostly in the process of obtaining travel documents from their respective embassies before being deported.

Children’s Commissioner Farah Nini Dusuki said Suhakam, in its latest series of engagements with the government, had proposed for the Home Ministry to work together with other relevant ministries and agencies that have alternative facilities to be turned into dedicated children’s shelters.

“For example, maybe there are existing welfare homes that are no longer being used.

“The Children’s Commissioner also appeals for cooperation between the government, NGOs, and CSOs to ensure the rights of children are protected in areas of access such as healthcare and education,” she said in a statement to Malaysiakini.

Farah said Suhakam’s advocacy on the issue, alongside other NGOs, had started in 2014 and it led to approval from the cabinet in 2021 on their proposed alternatives to detention for children.

Following a visit to the Semenyih detention depot, Saifuddin yesterday said his ministry is in the final stages of drafting its own cabinet paper with follow-up proposals to his initial plan of moving children currently in immigration custody into external shelters pending deportation.

‘Case management approach’

Child rights NGO Suka Society executive director Anderson Selvasegaram said part of the group’s work focused on seeking fair treatment for the unaccompanied and separated minors in detention.

“Of course, at any point, we don’t want to separate children from their parents if all of them are detained together.

“The right move in such cases will be to remove their whole family from detention into an alternative shelter,” Anderson told Malaysiakini.

For children detained without a parent or guardian, Anderson said options to be considered include moving them into temporary residential care or long-term foster care, as another alternative to deportation.

“There are residential children’s homes in Malaysia. There are also NGOs that work on case management and foster care.

“The process and guidelines must be in place so that it would be a transition (from immigration detention) that factors in all the rights and best interest of the child.

“This issue has been advocated by some NGOs for quite a long time and we’re encouraged to see things moving along now,” Anderson added.

Similarly, Asylum Access Malaysia executive director Tham Hui Ying pointed to cooperation between the government and child protection NGOs; the latter with experts in case management support for solutions based on an individual child’s best interest.

Asked whether child refugees are more at risk of being unaccompanied minors in detention, Tham said recent statistics showed that a majority of them are from Myanmar and so, it is likely they are seeking asylum in Malaysia.

“But it is hard to ascertain because the United Nations High Commissioner on Refugees (UNHCR) has not had access to the depots since August 2019,” she said.

Overall, Tham also echoed hope for cooperation to ultimately ensure the well-being of children is prioritised.

“There shouldn’t be family separation, and all unaccompanied children are placed in suitable shelters and community placement,” she said.

“We hope the minister takes concrete action without delay and solidifies these efforts with a clear policy expressly prohibiting the detention of children for immigration offences.

“We stand committed to supporting the government in protecting the best interests and well-being of all children in Malaysia, in accordance with their obligations under the Child Act and CRC,” said Tham.

‘Ecosystem for unaccompanied minors’

Buku Jalanan Chow Kit founder Siti Rahayu Baharin, meanwhile, said private donors or corporations could set-up an ecosystem for unaccompanied minors released from immigration detention.

“Like it or not, once they are released, the children will be a part of our society. How are we going to make sure they will be able to build themselves up as good individuals?

“There are quarters who claim these children could be future national security threats.

“They will only be threats if we deny them access to their basic rights, to education, healthcare... if we don’t raise them to be good humans,” said Rahayu, who is known for her work with stateless children.

As for current conditions in the immigration depots, Rahayu said she once had three children in her care who ended up in detention and her visits revealed they were denied access to reading materials including newspapers.

Malaysia’s handling of children in detention had in recent months attracted international scrutiny following a multi-agency Immigration Department-led raid at a migrant settlement in Nilai Spring, Negeri Sembilan, where among those arrested included 36 children.

Abolish detention of migrants

Meanwhile, the Malaysia Consultative Council of Islamic Organisations (Mapim) has proposed for the immigration detention of children and other migrants to be abolished immediately.

It is time to establish an alternative method for detaining migrants, including asylum seekers and refugees, as it is not fair to deny them basic human rights due to their immigration status, said Mapim president Mohd Azmi Abdul Hamid.

“Individuals should not be treated as criminals just for crossing borders illegitimately or because they do not have complete documents,” he said in a statement today.

He explained that a more appropriate solution is to provide non-custodial accommodation that includes community-based care as many countries have signed onto the Global Compact for Safe, Orderly, and Regular Migration under the UN.

This would also lessen costs for the government in maintaining immigration detention centres, he said.

Azmi’s remarks come after the government said they were undergoing efforts to move minors out of immigration detention depots.

He said Mapim welcomes the government’s efforts to move minors out of depots, but stressed they must be given access to education and healthcare in the meantime.

“We feel that access to healthcare and education for children are among the main issues that should be prioritised.

“It is important that while they are under detention and before being moved out of depots, the children do not miss opportunities to receive basic education.

“The five immigration depots that are holding classes for them is a welcomed move and if possible, the authorities can see how the involvement of NGOs can help,” he said.

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