Wednesday, April 04, 2012
THE Malaysian Bar is pleased to support the global campaign calling for an end to the immigration detention of children.
In conjunction with the launch of the campaign on March 21 at the 19th session of the Human Rights Council in Geneva, the International Detention Coalition (IDC) released a report-cum-policy document called “Captured Childhood”.
The report 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 immigration detention of children in Malaysia is an issue of concern to the Malaysian Bar.
In conjunction with the launch of the campaign on March 21 at the 19th session of the Human Rights Council in Geneva, the International Detention Coalition (IDC) released a report-cum-policy document called “Captured Childhood”.
The report 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 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 that detention of children should only be used as a “last resort and for the shortest appropriate period of time”.
STATELESS: Rohingya asylum-seekers held inside the UNHCR compound
We note that the IDC report acknowledges that “the Malaysian government has in recent years taken positive steps towards improving the situation for refugees and asylum seekers” and that “improved access to immigration depots for the United Nations High Commissioner for Refugees (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 “there 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 government should ensure that:
*Refugee and asylum-seeking children and their families are immediately united (if separated)
*They are accommodated together under alternative non-custodial arrangements rather than in immigration detention centres.
IDC has also observed that “there 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 government should ensure that:
*Refugee and asylum-seeking children and their families are immediately united (if separated)
*They are 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 asylum-seeking
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 (NGO) to meet the schooling and recreational needs of refugees, asylum-seeking and stateless children.
Little or no financial assistance is given to such NGOs. As such, the provision of education is ad hoc and not comprehensive, and enjoyment of recreational facilities is sporadic at best.
The Malaysian Bar urges the government to take cognisance of IDC’s report-cum-policy document, and the observations and recommendations made therein.
We encourage the government to work with IDC, the Malaysian Human Rights Commission, the Office of the United Nations High Commissioner for Refugees in Malaysia, civil society groups as well as the Malaysian Bar, to initiate and implement effective alternative approaches to the immigration detention of children.
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 (NGO) to meet the schooling and recreational needs of refugees, asylum-seeking and stateless children.
Little or no financial assistance is given to such NGOs. As such, the provision of education is ad hoc and not comprehensive, and enjoyment of recreational facilities is sporadic at best.
The Malaysian Bar urges the government to take cognisance of IDC’s report-cum-policy document, and the observations and recommendations made therein.
We encourage the government to work with IDC, the Malaysian Human Rights Commission, the Office of the United Nations High Commissioner for Refugees in Malaysia, civil society groups as well as the Malaysian Bar, to initiate and implement effective alternative approaches to the immigration detention of children.
M. RAMACHELVAM
CHAIRPERSON, SUBCOMMITTEE ON MIGRANTS, REFUGEES AND
IMMIGRATION AFFAIRS
ANDREW KHOO CHIN HOCK
CHAIRPERSON,
HUMAN RIGHTS COMMITTEE
BAR COUNCIL MALAYSIA
CHAIRPERSON, SUBCOMMITTEE ON MIGRANTS, REFUGEES AND
IMMIGRATION AFFAIRS
ANDREW KHOO CHIN HOCK
CHAIRPERSON,
HUMAN RIGHTS COMMITTEE
BAR COUNCIL MALAYSIA
Source : http://www.mmail.com.my
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