A step in the right direction for the rights of children under detention

While the pilot programme is a step in the right direction, so much more needs to be done in terms of follow through and ensuring that the child’s human rights, well-being and best interests are upheld. Photo: Pixabay

The Alternative to Detention (ATD) pilot programme is a step in the right direction, says the End Child Detention Network Malaysia (ECDN) in its recent statement. However, there needs to be a clear framework for monitoring and evaluating the pilot programme to ensure that the well-being of the children involved are safeguarded throughout the process.

“This is a right step towards fulfilling Malaysia’s obligations under the United Nations Convention on the Rights of the Child (CRC) which the nation ratified in 1995,” said ECDN, which is a coalition of civil society organisations and individuals working to ensure that no child is detained in Malaysia due to their immigration status.

The pilot programme, anchored by the Women, Family and Community Development Mnistry and the Home Affairs Ministry, will provide temporary shelter for unaccompanied and separated children under detention.

It acknowledges that children face serious harm in immigration detention and prioritises the physical and mental health development of children.

This is also timely as Malaysia prepares to submit a status report to the UN Committee on the Rights of the Child, the statement said.

The standard operating procedure (SOP) framework for the ATD pilot programme, which was developed in consultation with selected non-governmental organisations, is guided by the principle of looking at the best interest of the child (Article 3), and upholds the rights of a child to be protected from all forms of violence (Article 19) and to access special protection in the event of separation from his/her family environment (Article20).

The pilot programme also works towards the implementation of policies and legislations that promote and protect the rights of the most vulnerable communities, one of Malaysia’s pledges made to secure its seat on the United Nations Human Rights Council, and signals Malaysia’s commitment to the ASEAN Declaration on the Rights of Children in the Context of Migration and its corresponding Regional Plan.

According to CRC guidelines, immigration detention is a violation of child rights, and as of Oct 11, 2021, the Home Ministry has reported about 1,425 children in detention centres nationwide. Malaysia is still behind its ASEAN neighbours, specifically Thailand and Indonesia, who have been releasing hundreds of children from immigration detention into community-based care since 2019.

While the pilot programme is a positive first step, the Malaysian government still needs to follow through and ensure that the child’s human rights, well-being and best interests are upheld throughout the process of release, community placement, and immigration policies, the statement emphasised.

In addition, it recommends that the two ministries develop a clear framework for monitoring and evaluating the pilot programme that focuses on the best interest of the child. It also calls on the Malaysian government to provide further details and regular updates on the implementation of the pilot programme in parliament.