"Malaysian government has in recent years taken positive steps towards improving the situation for refugees and asylum seekers”
The Malaysian Bar is pleased to support the global campaign calling for an end to the immigration detention of children. This was launched on 21 March 2012 at the 19th Session of the Human Rights Council in Geneva, Switzerland. In conjunction with the launch of the campaign, the International Detention Coalition (“IDC”)1 released a report-cum-policy document called “Captured Childhood”, which highlights the experiences of 70 detained children and 16 parents of children who have been detained in immigration detention around the globe, including Malaysia. The document can be accessed here.
The immigration detention of children in Malaysia is an issue of concern to the Malaysian Bar. Malaysia, as a signatory to the 1989 Convention on the Rights of the Child (“CRC”), is committed to upholding the provision of the CRC that detention of children should only be used as a “last resort and for the shortest appropriate period of time”. We note that the IDC report acknowledges that “[t]he Malaysian government has in recent years taken positive steps towards improving the situation for refugees and asylum seekers” and that “[i]mproved access to immigration depots for the UNHCR has meant that the release of some refugee and asylum-seeking children and their families has been secured more rapidly”. IDC has also observed that “[t]here have also been clear efforts by officials within specific immigration detention centres to improve conditions for child detainees”.
The immigration detention of children in Malaysia is an issue of concern to the Malaysian Bar. Malaysia, as a signatory to the 1989 Convention on the Rights of the Child (“CRC”), is committed to upholding the provision of the CRC that detention of children should only be used as a “last resort and for the shortest appropriate period of time”. We note that the IDC report acknowledges that “[t]he Malaysian government has in recent years taken positive steps towards improving the situation for refugees and asylum seekers” and that “[i]mproved access to immigration depots for the UNHCR has meant that the release of some refugee and asylum-seeking children and their families has been secured more rapidly”. IDC has also observed that “[t]here have also been clear efforts by officials within specific immigration detention centres to improve conditions for child detainees”.
However, Malaysia should not rest on its laurels. We should aim for zero immigration detention of children as well as their families. Given that administrative detention and deprivation of liberty can result in long-term emotional and psychological damage for any child, and separation from one or both parents can be a highly traumatic experience, the Malaysian Government should ensure that refugee and asylum-seeking children and their families are immediately united (if separated) and accommodated together under alternative non-custodial arrangements rather than in immigration detention centres. The government should investigate the feasibility of providing accommodation for refugee and asylumseeking children and their families within the community.
Government policy with respect to refugee and asylum-seeking children, as well as stateless children, should also focus on providing them with adequate access to affordable health care. These groups of children should be allowed to receive medical attention at nominal charges at government medical facilities.
At present, the Malaysian Government relies almost exclusively on the private sector, namely non-governmental organisations (“NGOs”), to meet the schooling and recreational needs of refugees, asylum-seeking and stateless children.
Little or no financial assistance is given to such NGOs by the government. As such, the provision of education is ad hoc and not comprehensive, and enjoyment of recreational facilities is sporadic at best. Coming as they do from already dire circumstances, such children are thus additionally deprived and their future well-being further disadvantaged. We call on the Malaysian Government not to ignore its responsibility in contributing to the financial costs of providing education and recreational facilities to these groups of children.
Given the slow rate of resettlement, many refugee and asylum-seeking children are likely to spend a considerable amount of time in Malaysia. All parties concerned should think “outside the box” and consider the possibility of absorbing these children and their families in our country.
The Malaysian Bar urges the Malaysian Government to take cognisance of IDC’s report-cum-policy document, and the observations and recommendations made therein. We encourage the Malaysian Government to work with IDC, the Malaysian Human Rights Commission (“SUHAKAM”), the Office of the United Nations High Commissioner for Refugees (“UNHCR”) in Malaysia, civil society groups as well as the Malaysian Bar, to initiate and implement effective alternative approaches to the immigration detention of children.
Government policy with respect to refugee and asylum-seeking children, as well as stateless children, should also focus on providing them with adequate access to affordable health care. These groups of children should be allowed to receive medical attention at nominal charges at government medical facilities.
At present, the Malaysian Government relies almost exclusively on the private sector, namely non-governmental organisations (“NGOs”), to meet the schooling and recreational needs of refugees, asylum-seeking and stateless children.
Little or no financial assistance is given to such NGOs by the government. As such, the provision of education is ad hoc and not comprehensive, and enjoyment of recreational facilities is sporadic at best. Coming as they do from already dire circumstances, such children are thus additionally deprived and their future well-being further disadvantaged. We call on the Malaysian Government not to ignore its responsibility in contributing to the financial costs of providing education and recreational facilities to these groups of children.
Given the slow rate of resettlement, many refugee and asylum-seeking children are likely to spend a considerable amount of time in Malaysia. All parties concerned should think “outside the box” and consider the possibility of absorbing these children and their families in our country.
The Malaysian Bar urges the Malaysian Government to take cognisance of IDC’s report-cum-policy document, and the observations and recommendations made therein. We encourage the Malaysian Government to work with IDC, the Malaysian Human Rights Commission (“SUHAKAM”), the Office of the United Nations High Commissioner for Refugees (“UNHCR”) in Malaysia, civil society groups as well as the Malaysian Bar, to initiate and implement effective alternative approaches to the immigration detention of children.
Source : MalaysianBar
M Ramachelvam, Chairperson, Subcommittee on Migrants, Refugees and Immigration AffairsAndrew Khoo Chin Hock,
Chairperson, Human Rights CommitteeBar Council Malaysia
2 April 2012
1 The International Detention Coalition is a coalition of over 250 non-governmental groups and individuals working in more than 50 countries to protect the rights of refugees, asylum seekers and migrants in immigration detention around the world through education, networking, advocacy, reporting and research.
No comments:
Post a Comment