Govt told to release children from immigration detention

The government has been urged to act immediately on ending the detention of children in immigration facilities.

In making the call in conjunction with World Refugee Day today, the Office of the Children’s Commissioner (OCC) and the End Child Detention Network (ECDN) also urged Putrajaya to implement alternatives to detention instead.

"It is deeply concerning that as of May 15, 11,068 people including 969 children, including refugee children, are held in immigration detention in Malaysia.

"These children have fled violence, conflict, and persecution in their home countries, seeking safety and protection in our nation.

"It is our moral obligation to ensure their well-being and safeguard their rights," OCC and ECDN said in a joint statement today.

Crucial steps

The OCC is an independent office within Suhakam, tasked with promoting and protecting children's human rights, while ECDN is a coalition of 21 civil society organisations and individuals working to ensure that no child is detained in Malaysia due to their immigration status.

Moving forward, OCC and ECDN urged Putrajaya to embark on seven crucial steps:

1. Begin releasing children from immigration detention into an alternative to detention (ATD) programme, and ensure the inclusion of all children, regardless of their migration status.

2. Ensure that ATD projects are implemented in good faith to achieve its primary objective, which is to resolve the issue of arrest and detention of children.

3. Urgently present working paper on shifting children out of immigration detention depots in the cabinet, a vital document currently being prepared by the Home Ministry.

4. Develop a comprehensive legal framework for refugees that grants them legal status and access to employment, health services, education, and social, and public benefits. This framework is crucial in protecting refugee children and building an environment for their healthy development.

5. Grant United Nations High Commissioner for Refugees (UNHCR) unrestricted access to immigration detention centres. This will allow for the continued registration of persons of concern and the subsequent release of all individuals registered with UNHCR, facilitating their integration into the community.

6. Take immediate steps to enact legal and policy changes to halt the detention of children, including all refugee and asylum-seeking children.

7. Conduct a comprehensive review of immigration detention policies and practices to ensure they align with international legal and human rights standards. This review is imperative to safeguard the rights and well-being of all individuals at risk of detention, particularly children.

Principles of compassion

If these steps are followed, Malaysia will not only fulfil its international obligations but also demonstrate its commitment to protecting the rights and dignity of every child, regardless of their migration status, the statement said.

"We firmly believe that these measures will bring us closer to a society that respects human rights, embraces diversity, and upholds the principles of compassion and justice.

"As OCC and ECDN, we stand ready to collaborate with the Malaysian government and other stakeholders to develop and implement effective ATD solutions that prioritise the best interests of all children in Malaysia, including refugee and asylum-seeking children."

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