CHAPTER 1 solution. The Commission also made it clear that the proposals should be read together with other applicable provisions under the Child Act 2001. The above proposal had been forwarded to the Attorney-General’s Chambers through the Working Group on Alternatives to Detention for UASC in Immigration Detention in September 2015. In February 2016, the Commission was informed that the Attorney General’s Chambers was of the opinion that the Commission’s proposal may not be implementable. To further discuss the basis of the said opinion, the Commission attended a meeting in May 2016, which was chaired by the Immigration Department. At the meeting, the Commission was made to understand that for the DG of the Immigration Department to impose certain requirements and standards on NGOs as conditions for the release of UASC into their custody was beyond his jurisdiction, and such an act would be in conflict with the powers of the Department of Social Welfare (JKM) as provided under the Care Centres Act 1993. As alternatives, the Attorney General’s Chambers proposed the following: i) To put the care and custody of UASC with the JKM and not NGOs; ii) To appoint NGOs as protectors and to gazette their premises as places of refuge under the Child Act 2001; or iii) To designate a premise under section 51A42 of the Immigration Act to place all children who are subject to immigration detention. While noting the possible legal constraints, the Commission nonetheless believes that these challenges may be easily overcome by clearer policy directions on the part of the Government and a better-coordinated arrangement between the agencies concerned, in particular the Immigration Department and the JKM. Further, in light of the newly enacted section 53A43 of the Child Act, the Commission submits that it is now even more possible to create a cooperative or joint venture between those NGOs concerned and the relevant Government agencies to facilitate the implementation of ATD for UASC. Alongside the Working Group, the Commission and the civil society groups involved continue to encourage discourse on ATD through the Office of Senator Datuk Paul Low, Minister in the Prime Minister’s Department. The commitment of Senator Datuk Paul Low to this cause is evident when he coordinated a joint visit with Datuk Seri Hajah Nancy Shukri, another Minister in the Prime Minister’s Department, to the Immigration Detention Centre in Langkap on 21 April. Following the visit, in June the Ministers put up a paper to the Cabinet highlighting their observations and concerns on the conditions of detention there, in particular those relating to children. Based on the paper, the Cabinet 42 Section 51A – “The Director General may designate any place as an immigration depot for the examination, inspection, investigation or detention of persons under this Act.” 43 Section 53A – “The Minister may approve any centre to be a place for the care, protection and rehabilitation of children as may be required for the purpose of this Act.” 72 SUHAKAM ANNUAL REPORT 2016 suhakam 2new.indd 72 3/23/17 5:54 PM