Chapter 2 - Report of the Complaints, Monitoring and Inquiries Group
(b) Setting up a Working Group of Alternatives to Detention
The Commission and several civil society organisations, in endeavouring to address the issue
of children in immigration detention, have been exploring various options for alternatives to
detention and looking at best practices in other countries.
The Commission presented the proposal to the Minister of Home Affairs who supported
the initiative and requested the Commission to work with the Department of Immigration.
Subsequently, a working group was formed to study and make recommendations with respect
to various ATD models. The members of the working group are the Department of Immigration,
the Commission, the Attorney-General’s Chambers, the Department of Social Welfare and civil
society groups.
The working group has agreed to initiate a pilot project where unaccompanied minors/children
will be the priority. Children with parents and guardians will not be the focus at this stage due
to the detention status of their parents. The current focus is also limited to children in IDCs in
Peninsular Malaysia.
4. WATCHING BRIEF
The Commission, through its Complaints, Monitoring and Inquiries Group, held watching briefs
in several cases involving the rights of the child and freedom of speech and expression.
Table 6: Summary of Watching Briefs by the Commission
WATCHING BRIEFS
ISSUES
LOCATION
Navin v Government of Malaysia
Citizenship – Rights of the child
High Court
(Kuala Lumpur)
DPP v Azmi Sharom
Freedom of expression – Freedom
of speech – Sedition Act - Academic
freedom – UDHR
Sessions Court
(Kuala Lumpur)
DPP v Abdullah Zaik
Freedom of expression – Freedom
of speech – Sedition Act – UDHR
Sessions Court
(Kajang)
5. MONITORING OF ACTIVITIES
The Commission monitored four public gatherings – May Day, ‘Hentikan Rogol: Aku Kisah’,
a protest against mega dams and ‘Walk for Peace and Freedom’. While May Day was held
at Dataran Merdeka, Kuala Lumpur, and Walk for Peace and Freedom was held in front of
Parliament, the other two assemblies took place at SOGO KL and KLCC respectively.
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