* Statement reported in Malaysiakini
Media Statement – 18/2/2023
Separating Children From Their Parents in Malaysian Immigration Depot May Not Be In The Best Interest of the Child
Better for special units to house families with children
MADPET (Malaysians Against Death Penalty and Torture) welcomes Malaysian Home Minister Saifuddin Nasution Ismail statement that children detained at immigration depots will soon be removed from the depots and placed in the care of organizations that specialize in child welfare.
The detaining of children with other adult strangers is not acceptable, as children should be detained with their family and parents (mother and father).
Rather than separating children from their families, as proposed by the Minister, it is better to provide special detention facilities just for families with children, rather than separating the child from the family.
Convention on the Rights of the Child(CRC), where Malaysia is a signatory, in article 9(1) states that ‘1. States Parties shall ensure that a child shall not be separated from his or her parents against their will…’ unless the court in judicial review determines that separation is in the best interest of the child.
Separating especially a young child from his/her mother/father is certainly not in the best interest of the child. A better solution is the provision of special detention facilities for families with children.
Removal after conviction and serving sentence?
At the moment, those at the immigration depot, including children, have broken the law. To be removed from Malaysia back to their country of origin may take some time – as these law-breakers will first be charged, then serve their sentence if convicted, and then only be allowed to return home.
As an example, for unlawfully being in Malaysia(section 6), if convicted in court, may result in a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both, and shall also be liable to whipping of not more than six strokes.
With regards to removal from Malaysia, section 32 Immigration Act 1959/63 states ‘…(1) Any person who is convicted of an offence under sections 5, 6, 8 or 9 shall be liable to be removed from Malaysia by order of the Director General…’ This, on the face of it, means that one can only be removed after being convicted and serving the sentence.
Would these children also be tried and sentenced, serve their sentence and then only be returned to their country of origin?
The CRC says that ‘a child means every human being below the age of eighteen years…’. However, in Malaysia, many of these ‘children’ can also still be charged and tried.
Repatriation on Application for certain classes
There is also in the Immigration Act the possibility of repatriation for certain classes on application to the Director General. Should undocumented migrants detained with children be made an additional class, which will allow these families with children to repatriated fast, without the preliminary requirement of first serving their sentence before withdrawal from Malaysia.
Sadly, we do not have the needed information of how many babies, young and older children are in the immigration depots in Malaysia. Were they arrested with their parent and other siblings? A single solution for all children, irrespective of their ages may not be best.
One must also look into why families and/or individuals are coming to Malaysia. Is this because of our porous borders, corruption or because there are employers willing to employ the undocumented? Whilst Malaysia seems to focus on the migrants, it may be time to target corruption and even review migrant employment policies.
MADPET is of the opinion that the best option is that family units with children should be housed together in special facilities, not the same as with other adult undocumented migrants.
MADPET also feels that it best that these families be speedily repatriated, rather than being first convicted and removed from Malaysia only after serving their sentences.
MADPET is also concerned that the Minister says that children will be under the care of non-governmental organisations (NGO) specialising in child welfare. It is best that even if children are to be cared for, it must be done by the government in government facilities.
MADPET reiterates the call for the abolition of the corporal punishment of whipping. Whipping of poor migrants who come to Malaysia to find jobs to survive is inhumane.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
Detained children to be moved out of immigration depot
Home minister Saifuddin Nasution Ismail said he had identified the profiles of the children, their numbers and where they were detained.
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PUTRAJAYA: Children detained at immigration depots will soon be removed from the depots and placed in the care of organisations that specialise in child welfare, says home minister Saifuddin Nasution Ismail.
He said he has already identified the profile of the children, their numbers and where they were detained.
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“Very soon, I will bring them out. I have been dealing with NGOs that are involved in providing welfare services to children,” he told reporters last night.
The human rights commission of Malaysia (Suhakam) had recently expressed concern about the welfare of 36 children housed at the Lenggeng depot. The children were among 67 Indonesian migrants rounded up in a raid on an illegal settlement in Nilai Spring on Feb 1.
Speaking of a Bangladeshi child who was found in a container at Westport in Port Klang last month, Saifuddin said the child would be sent home next week.
The eight-year-old from Chittagong, Bangladesh, had accidentally wandered into a container and was locked inside for six days before being spotted by Malaysian authorities. He was taken to hospital and is currently under the care of an NGO.
Saifuddin said the ministry had managed to locate the child’s family “and I have informed my counterpart in Bangladesh that the kid will be sent back. All the documentation process at the embassy has also been done”. - FMT, 16/2/2023
Suhakam welcomes govt’s decision to move children from immigration detention depot
KUALA LUMPUR, Feb 17 — The Human Rights Commission of Malaysia (Suhakam) has welcomed the government’s decision to place children in immigration depots under the care of non-governmental organisations (NGO) specialising in child welfare.
In a statement today, Suhakam chairman Datuk Rahmat Mohamad said the decision is in line with Suhakam’s recommendation to the government to implement Alternatives to Detention (ATD) for the children concerned.
“Suhakam hopes that the enforcement authorities will ensure that children will not be placed at the immigration depots anymore.
“As a party to the Convention on the Rights of the Child, Malaysia is obliged to ensure that the detention of a child shall be used as a measure of last resort, in particular when they were detained together with their parents or guardians due to immigration offences,” he said.
He added Suhakam will continue to monitor the implementation of ATD and advocate for the rights and well-being of all children in the country.
Home
Minister Datuk Seri Saifuddin Nasution Ismail who announced the matter
yesterday reportedly said he had already identified the profile of the
children, their numbers and where they were detained. — Bernama - Malay Mail, 17/2/2023
Malaysians Against Death Penalty and Torture (Madpet) welcomes Home Minister Saifuddin Nasution Ismail’s statement that children detained at immigration depots will soon be removed from the facilities and placed in the care of organisations that specialise in child welfare.
However, the detaining of children with other adult strangers is not acceptable, as children should be detained with their family and parents (mother and father).
Rather than separating children from their families, as proposed by the minister, it is better to provide special detention facilities just for families with children.
The United Nations Convention on the Rights of the Child (UNCRC), in which Malaysia is a signatory, states in article 9(1) that “state parties shall ensure that a child shall not be separated from his or her parents against their will…” unless the court in judicial review determines that separation is in the best interest of the child.
Separating a young child from his or her mother or father is certainly not in the best interest of the child. A better solution is the provision of special detention facilities for families with children.
Removal after conviction and serving sentence?
At the moment, deporting those held at the immigration depot - including children - will take some time as they have broken the law. They must be first charged, serve their sentence if convicted, and then only be allowed to return home.
For example, a conviction under Section 6 of the Immigration Act 1959/63 for unlawfully being in Malaysia may result in a fine not exceeding RM10,000 or to five years’ jail, or both, and whipping of not more than six strokes.
With regards to removal from Malaysia, Section 32 of the Act states “… Any person who is convicted of an offence under Sections 5, 6, 8, or 9 shall be liable to be removed from Malaysia by order of the director-general…”. This, on the face of it, means that one can only be removed after being convicted and serving the sentence.
Would these children also be tried and sentenced, serve their sentence, and then only be returned to their country of origin?
The UNCRC says that “a child means every human being below the age of eighteen years…”. However, in Malaysia, many of these “children” can also still be charged and tried.
Repatriation on application for certain classes
There is also in the Immigration Act the possibility of repatriation for certain classes on application to the director-general. Should undocumented migrants detained along with their children be made an additional class? It will allow these families to be repatriated fast without the preliminary requirement of first serving their sentence before withdrawal from Malaysia.
Sadly, we do not have the needed information of how many babies, young and older children are in the immigration depots in Malaysia. Were they arrested with their parents and other siblings? A single solution for all children, irrespective of their ages may not be best.
One must also look into why families and/or individuals are coming to Malaysia. Is this because of our porous borders, corruption, or because there are employers willing to employ the undocumented?
Whilst Malaysia seems to focus on the migrants, it may be time to target corruption and even review migrant employment policies.
Madpet is of the opinion that the best option is that family units with children should be housed together in special facilities, not with other adult undocumented migrants.
We also feel that it is best that these families be speedily repatriated rather than being first convicted and removed from Malaysia only after serving their sentences.
Madpet is also concerned that the minister said that children will be under the care of NGOs specialising in child welfare. Even if the children are to be cared for, it would be best for the government to do it within its own facilities.
Lastly,
we reiterate the call for the abolition of whipping as punishment. The
whipping of poor migrants who come to Malaysia to find jobs to survive
is inhumane. - Malaysiakini, 18/2/2023
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