Children still still being detained in Malaysia over immigration issues

TWO years ago, in September 2023, Malaysian Home Minister Datuk Seri Saifuddin Nasution launched the first Baitul Mahabbah detention centre for children, signalling his commitment to “removing the children from immigration depots so they can receive more humane care, in a more conducive environment”. 

Since then, hundreds of children have been placed in six Baitul Mahabbah centres nationwide, and many have continued to be detained, seemingly with no end in sight.

While Baitul Mahabbah is a step forward towards improving conditions for children in immigration detention centres, it still constitutes deprivation of liberty and does not address the root problem: children should not be detained for immigration reasons.

Malaysia has repeatedly acknowledged the serious harms that children face in immigration detention, and expressed political will to explore alternatives to detention (ATD) which prioritise the physical and mental wellbeing of children. Yet, as of July 6, 2025, there were 1,861 children held in immigration detention.

The Home Ministry, the Women, Family, and Community Development Ministry, and NGOs are reportedly developing SOPs to release children from detention into a community-based ATD programme. Two weeks ago, the Home Ministry organised an ATD symposium to “broaden approaches to the issue of child immigration detention and explore how children can be moved into suitable alternative care such as community placement or temporary shelters”.

In his officiating speech, the Home Minister vowed that his ministry is committed to implementing reforms, and exploring solutions towards ATD. He acknowledged that Baitul Mahabbah is only a first step towards releasing children into community-based ATD programmes, and that this is part of the ministry’s future plans.

The End Detention Network (EDN) welcomes this initiative and collaborative efforts that demonstrate the continued political will and momentum to release children from immigration detention.

However, the EDN notes a lack of leadership and political will from the Women, Family, and Community Development Ministry in progressing ATD for children. We call on this ministry to work in partnership with the Home Ministry to protect the rights of children regardless of their background and immigration status, and facilitate the release of unaccompanied children from detention centres.

This ministry and the Social Welfare Department have 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 (CRC).

At Malaysia’s recent review, the CRC Committee requested progress updates on measures taken to prohibit child immigration detention, implement non-custodial alternatives, account for deaths of children in detention, and facilitate access for monitoring bodies and the United Nations High Commissioner for Refugees (UNHCR).

Additionally, the Asean Declaration on the Rights of the Child in the Context of Migration and corresponding Regional Plan of Action specifies activities and indicators to implement non-custodial, community-based alternatives to child immigration detention that promote the best interests of the child. As Asean Chair, it is imperative that Malaysia leads by example and progresses Asean commitments.

At the national level, several legal developments affirm the application of the Child Act to non-citizens, and uphold the best interest of the child in removing children from immigration detention.

In 2023, a High Court decision ruled that immigration detention of children does not comply with requirements under the Child Act 2001, which protects all children, including non-citizens. In 2017, a High Court judge ordered the release of a child into the care of a shelter, and that the child’s welfare ought to be taken into account. In 2018, it was held that the continued detention of Rohingya children in Belantik’s immigration detention centre in Kedah is a direct violation of their rights as a child pursuant to the Convention on the Rights of the Child and the Child Act 2001 which guarantee protection and assistance to be given to children in all circumstances without regard to race, gender, language, religion or distinction of any kind.

The Malaysian government must invest fully in its commitment to uphold children’s rights and wellbeing, and deploy resources away from detention facilities and towards strengthening national child protection systems that provide community-based, non-institutional care and protection to refugee and migrant children.

Any form of detention is a violation of child rights. On this anniversary of Baitul Mahabbah’s establishment, the EDN urges the Malaysian government to honour its local and international commitments to implement community-based alternatives to detention for children and stop the detention of children for immigration purposes. Commitments must be matched with implementation. The detention of children must end. The EDN will continue to hold the government accountable until every child is free and alternatives to detention are fully realised.

END DETENTION NETWORK (EDN)

The EDN is a coalition of 21 civil society organisations and individuals working to ensure that no person is detained in Malaysia due to their immigration status.