Globally, many countries have already progressed from 'child-friendly' or 'family-friendly' detention facilities towards ending child immigration detention altogether. Photo: Freepik
Detaining children in immigration depots or any other detention facilities, even with their parents or other family members, is never acceptable, says the End Detention Network (EDN), a coalition of 21 civil society organisations and individuals working to ensure that no person is detained in Malaysia due to immigration status.
“Immigration detention and deprivation of liberty harms children mentally and physically. International clinical studies show the serious impact that even short periods of immigration detention can have on a child’s well-being, growth and development – and that these impacts can be life-long. Detention of any form is never in a child’s best interest and is a violation of their rights,” said EDN in a recent statement.
The coalition was responding to the Home Affairs Ministry’s effort to move such children into Baitul Mahabbah, a special “children-friendly” detention centre.
“We acknowledge and appreciate the Home Ministry’s collaborative approach with the Women, Family and Community Development Ministry and NGOs that specialise in child welfare,” it said.
Home Minister Datuk Seri Saifuddin Nasution Ismail. Photo: Filepic/The Star
On Sept 4, Home Affairs Minister Datuk Seri Saifuddin Nasution Ismail said the Ministry had opened Baitul Mahabbah to provide temporary shelter for foreign children who were previously placed at Immigration depots.
Saifuddin said that the shelter caters for children aged 10 and below, and as a start, the Immigration Department has relocated 23 children, along with 10 caregivers, comprising mothers of the children, to the shelter. They were from the immigration depots in Bukit Jalil, Semenyih, KLIA and Eco Millennium Beranang.
According to Minister of Women, Family and Community Development Datuk Seri Nancy Shukri, the matter has been discussed and it was agreed that the Home Affairs Ministry would provide the premises while the Ministry of Women, Family and Community Development would provide the caregivers.
Nancy added that several NGOs have also come forward to offer their help and are willing to accept the foreign children at their premises.
Women, Family & Community Development Minister Datuk Seri Nancy Shukri. Photo: Filepic/The Star
The statement by EDN states that this move to place children in a children-friendly centre should be a first step towards the ultimate goal where all children are released from immigration detention and placed in Alternatives to Detention (ATD) where their rights are upheld and protected.
"As a child, I was in detention in Malaysia, and hearing this decision has made me hopeful again, and this contributes largely to my healing process. I thank the Home Affairs Ministry for finally acknowledging that children don’t belong in harmful detention and for taking steps to do the right thing.
"Moving children to Baitul Mahabbah is a first step in the right direction, but there is more to be done in releasing children from detention and ensuring all children in Malaysia are free, healthy, and safe,” says a refugee (now an adult) with past detention experience in Malaysia.
EDN highlights that globally, many countries have already progressed from “child-friendly” or “family-friendly” detention facilities towards ending child immigration detention altogether.
“Government investment and resources have been moved from detention facilities to strengthening national child protection systems that provide community-based, non-institutional care and protection to refugee and migrant children, which is in the best interests of the child. This is the standard Malaysia must emulate to keep up with its regional and global peers,” it said.
This move to place children in a children-friendly centre should be a first step towards the ultimate goal where all children are released from immigration detention and placed in Alternatives to Detention (ATD) where their rights are upheld and protected, said EDN. Photo: Freepik
According to EDN, although Baitul Mahabbah provides a more humane environment for children, it inadvertently continues to deprive children of their liberty, making it a defacto detention centre.
Because of this, EDN urges the Home Affairs Ministry to ensure all child placements in Baitul Mahabbah are temporary and for the shortest possible time. It also encourages the Ministry to strengthen their stance on child protection as well as develop and implement policies and procedures that prioritise these children’s release into placement in the community or in NGO care, while case management and resolution is being carried out.
EDN says that the government has a constitutional duty to uphold the rights of all children in Malaysia, regardless of status and nationality, as underscored in the Child Act 2001 and the United Nations Convention on the Rights of the Child.
The Women, Family and Community Development Ministry, Home Affairs Ministry and EDN are further encouraged to implement Alternatives to Detention for all foreign children who are affected by immigration detention.
To fully realise the Malaysian Government’s commitment towards respecting child rights, the Home Affairs Minister must follow through on his intention that the establishment of Baitul Mahabbah is only the first step and “the start of our ongoing efforts to remove children from immigration depots”, concludes EDN.
