Chapter 2 - Report of the Complaints, Monitoring and Inquiries Group their names and process the application. The list then will be forwarded to JKRIM4 for further endorsement and the final list will be forwarded to IDC for release purposes. ii. Arrests at Kuala Lumpur General Hospital The Commission was approached by a few NGOs on the issue of arrest of undocumented migrants and unregistered refugees and asylum seekers at KLGH. Subsequent to that, a meeting cum visit was held with the Immigration Department of Wilayah Persekutuan on 12 May to discuss the issue. Apparently, there was a directive issued by the Head of KLGH that the Immigration Department must be notified once an illegal migrant/ migrants without any valid documentation sought treatment. Upon notification, they would be arrested right upon their discharge by the hospital. During the visit, the Commission observed that mothers and their new-borns who were arrested at the hospital were allowed to stay in a separate room with basic needs such as diapers and clothes. According to the Immigration Department, their documentation will be prepared immediately to avoid long detention. The Immigration Department and KLGH reported that the authorities had to arrest the illegal migrants due to various reasons such as overcrowding of migrants at Government hospitals which had led to insufficient number of beds in the hospitals; and the inability of most illegal migrants to pay for medical treatment, which had resulted in KLGH suffering arrears of RM2.8 million. The Commission expressed its concerns of possible infringements of human rights in the arrest of undocumented migrants at the hospital. This could result in fear among the undocumented migrants to seek treatment in hospitals, which could negatively impact public health. The Commission is of the opinion that the Government should approach the problem of undocumented migrants in a more holistic manner, including addressing such issues as border control, abuse of social visas, and enforcement against employers who recruit undocumented migrants, rather than arresting the migrants while they are getting treatment at public hospitals. 3. CHILDREN IN IMMIGRATION DETENTION CENTRES (a) Child Detention in Malaysia This year the Commission and civil society groups pursued efforts to explore alternatives to the immigration detention of children. Several meetings were held with the Immigration Department. The department, it is noted, is also sympathetic toward the conditions of children in IDCs. Currently there is no other option available for children who were arrested together with their parents or guardian during raids. Persons under the age of 18 are exempted from arrest but in cases where they were caught together with their parents or guardian, the enforcement agencies had no choice but to take them along to the IDCs. 4 Jawatankuasa Rayuan Imigresen (an appeal committee at the Immigration Department) 49

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