Key Issues
led to delays in implementing the programme, and where the change in the hierarchy of the
MOE has affected the speed of implementation of the programme. In addition, the Commission
deferred the expansion of the HRBPS programme in Sabah and Sarawak to 2015 due to the
logistical problems encountered by the MOE.
In the long run, the Commission would like to strengthen its collaboration with the MOE and
work towards introducing human rights education as part of the syllabus in school curriculums.
6. ALTERNATIVES TO DETENTION FOR CHILDREN IN DETENTION
The issue of unaccompanied children in detention is commonly faced by most countries that open
their doors to asylum seekers and refugees. Although Malaysia is not a party to the Convention
on Refugees 1951, nonetheless, being a State Party to the Convention on the Rights of the
Child, it is obligated to protect the rights of refugee and asylum-seeking children. In addition,
the Committee on the Rights of the Child in its Concluding Observations on Malaysia Report
acknowledges that refugee and asylum-seeking children in Malaysia are vulnerable to arrest,
detention and deportation. The instances where unaccompanied refugee and asylum-seeking
children were placed in detention were also highlighted. These prompted the Committee to call
on the Government of Malaysia to take urgent measures to develop a legislative framework for
the protection of asylum-seeking and refugee children, particularly unaccompanied children, in
line with international standards. It is also imperative that the protection, care and treatment
provided for unaccompanied children be based on the entire legal framework specified by the
Convention on the Rights of the Child (CRC) with particular reference to the principles of nondiscrimination and the best interests of the child.
During its visits, the
Commission observed that
many unaccompanied children,
mostly refugee and asylumseeking children, were being
detained together with adults
in the same cell which not only
goes contrary to the principle
of separate detention, but also
puts children at an increased
risk of abuse and ill-treatment.
During its visits, the Commission observed that
many unaccompanied children, mostly refugee
and asylum-seeking children, were being
detained together with adults in the same cell
which not only goes contrary to the principle of
separate detention, but also puts children at an
increased risk of abuse and ill-treatment.
As such, the Commission sees the need to
support the Government in identifying and,
where necessary, developing an amicable
mechanism to ensure that effective protection
and assistance is delivered to unaccompanied
children in a systematic, comprehensive and
integrated manner that is consistent with the
principle of ‘the best interests of the child’.
The Commission and several civil society organisations, in endeavouring to address this issue,
have been exploring various options for alternatives to detention and looking at best practices
in other countries.
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