Malaysia

Kids don’t belong in depots, alternative detention model needed

More than half of 746 kids held in Immigration Dept facilities nationwide are unaccompanied by guardians

Updated 5 years ago · Published on 12 Dec 2020 12:00PM

Kids don’t belong in depots, alternative detention model needed
Yayasan Chow Kit has been advocating for the Alternative to Detention pilot project for eight years. – Facebook pic, December 12, 2020

by Rachel Yeoh

KUALA LUMPUR – As we celebrate Human Rights Day this week, let us be reminded that children detained in immigration detention centres nationwide have rights, too.

There are 746 kids in depots across the country, of whom 400 are unaccompanied by their guardians. 

Yayasan Chow Kit founder Datuk Hartini Zainuddin hopes that Perikatan Nasional will push for the Alternative to Detention (ATD) pilot project, which was shelved due to the sudden change of government in March.

Speaking at the 2020 International Human Rights Day Virtual Forum on Thursday, she stressed that children do not belong in detention centres.

“We have been advocating for ATD for almost eight years, working and trying to get five children out of a detention centre to participate in the pilot project.”

The initiative allows the government to work with the community to release unaccompanied children from depots, into the care of civil society.

“Yayasan Chow Kit has offered to shelter the first five children released,” said Hartini.

The goal is to have a working alternative model for detained children that can be effectively implemented and integrated into the Immigration Department’s detention system.

“The pilot project must work in that not only those currently in detention are released, but more importantly, it is developed as an effective and sustainable programme, after which children will never need to be placed in detention as there are other alternatives in Malaysia,” said Hartini.

She suggested that Putrajaya provide basic rights for children, and set up a task force to look at the standard treatment guidelines, and conventions and policies in line with the Universal Periodic Review.

Local laws on child protection and child rights also need to be strengthened, regardless of whether the kids are refugees, migrants or stateless, she said.

“We were supposed to move on it (ATD) last year, and the cabinet paper was supposed to be tabled earlier this year, but there was a change of government, and so, we got delayed. 

“The question now is, when will the cabinet paper be tabled? We were told that it would be tabled soon, but we just want to know when ‘soon’ is.”

Meanwhile, Human Rights Commission of Malaysia (Suhakam) commissioner Datuk Mah Weng Kwai said ATD is mentioned in Suhakam’s annual report, adding that he believes the report will be debated soon in Parliament.

“I can assure you that we will work on ATD for both accompanied and unaccompanied children, and address the issue of statelessness.

“These are the two issues that are currently being discussed and worked on by Suhakam and other agencies.

“On ATD, when we discussed it with ministers last year, we were told that halfway houses will be set up for the children, but unfortunately, I don’t think this has taken off.”

Since the middle of 2020, Malaysia has seen an increase in immigration-related arrests, with raids netting more than 2,000 detainees.

Over 8,000 people were detained in immigration depots between May 1 and November 9. 

Five detention centres have recorded Covid-19 outbreaks, with 776 cases registered in May and June. – The Vibes, December 12, 2020

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