A year ago today, Home Minister, Datuk Seri Saifuddin Nasution Ismail launched the Baitul Mahabbah initiative with a commitment to “remove the children from immigration depots so they can receive more humane care, in a more conducive environment”.
In a statement, the End Detention Network (EDN), a coalition of 21 civil society organisations and individuals, said despite some measures to improve conditions, these centres continue to deprive children of their liberty, are governed by strict immigration laws and procedures, and thus constitute another form of detention.
As of July 2024, it was reported that there are 170 children in Baitul Mahabbah centres nationwide and no alternative exit plans for children in Baitul Mahabbah aside from repatriation, said EDN.
Some refugee children have remained in Baitul Mahabbah facilities for nearly a year, with no plans for their release. There has been no evaluation of any kind to determine whether these Baitul Mahabbah centres are actually beneficial to children’s wellbeing, and if they are an efficient use of resources. Yet, in August 2024, the Home Minister stated his intention to have six Baitul Mahabbah centres open by December 2024, and to establish at least six more centres in 2025.
EDN
Some of the children in Baitul Mahabbah have been held in detention for nearly a year, without accounting for the time they spent in detention before being relocated to Baitul Mahabbah, the coalition said.
They further claimed that children who have asylum claims are left in the dark as UNHCR Malaysia has no access to any detention centres, including Baitul Mahabbah centres, to verify their claims, and the immigration department does not have any screening mechanisms in place.
Additionally, as Baitul Mahabbah is currently only for children age 10 and below, other children age 11-17 continue to remain in immigration detention centres with other adult detainees with no indication that they will be included in any future plans.
EDN
The coalition believes that detaining children in immigration depots or any other detention facilities, even with their parents or other family members, is never acceptable.
Immigration detention and deprivation of liberty harms children mentally and physically. 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 lifelong. Detention of any form is never in a child’s best interest and is a violation of their rights.
EDN
The coalition is urging the Ministry of Home Affairs (MOHA) to release children from Baitul Mahabbah and other immigration detention centres, into community based alternatives to detention.
This, according to them, can be done by working with child protection organisations who are able to provide case management support and linkage to the refugee communities.
The EDN also notes the absence of the Ministry of Women, Family, and Community Development (MWFCD) in the operations of Baitul Mahabbah and calls on MCWFCD to work in partnership with MOHA to protect the rights of children regardless of their background and immigration status, as per their constitutional duty, outlined in the Child Act 2001 and the United Nations Convention on the Rights of the Child (UNCRC).
EDN
As there has been collaboration between the Malaysian Government and civil society for over a decade to develop and implement community-based alternatives to detention for children in immigration detention centres, the EDN called on MOHA to continue this effort and establish a working group with key civil society members to develop and trial a pilot to release children from Baitul Mahabbah into community settings and to conduct an independent evaluation of Baitul Mahabbah to bring it in line with the best interests of the child.
The Malaysian Government must invest fully in their commitment to uphold children’s rights and wellbeing, and deploy resources away from detention facilities, towards strengthening national child protection systems that provide community-based, non-institutional care and protection to refugee and migrant children.
EDN
They are also urging the government to step up to Malaysia’s local and international commitments to uphold the best interests of children, release children into community-based alternatives to detention and stop the detention of children for immigration purposes.
The EDN stands ready to support MOHA, MWFCD, broader government policymakers, and implementing staff to further their commitment to remove children from all immigration detention centres, and implement alternatives to detention.
EDN
