Malaysia’s child rights body says detaining over 2,000 children in immigration depots violates protection obligations and global standards
PETALING JAYA: Malaysia’s continued detention of more than 2,000 children in immigration depots is inconsistent with the country’s child protection obligations, said the Human Rights Commission of Malaysia (Suhakam).
Its children’s commissioner Dr Farah Nini Dusuki said the organisation remains deeply concerned about the number of children held in custodial settings and the risks it poses to their safety and development.
“Suhakam views seriously the figure of 2,196 children who are still detained in immigration depots.
“The child protection principle set out in Article 37(b) of the CRC (Convention on the Rights of the Child), which Malaysia applies, states that the detention of children must only be a last resort and for the shortest duration, while upholding the best interests of the child.
“Based on this principle, Suhakam is of the view that the current situation is not aligned with child protection obligations.
“Detention in a closed environment, being placed together with adults or in non-conducive conditions, can affect the safety, mental health and development of children,” Farah told theSun.
On the Home Ministry’s statement that the government adopts the UN’s Nelson Mandela Rules in detainee management, Farah said earlier inspections revealed substantial gaps.
Suhakam’s previous monitoring found that conditions at many depots remain far below the minimum standards set by the Nelson Mandela Rules.
The commission noted persistent overcrowding, with several facilities operating beyond their intended capacity and creating heightened safety and disease transmission risks.
It also observed delays in access to medical treatment, a shortage of healthcare personnel and inconsistencies in hospital referrals.
Detainees were found to have limited space for daily activities, minimal access to education and hygiene conditions that fell short of acceptable levels.
“The Nelson Mandela Rules set strict standards on dignity, hygiene, living space, healthcare and the separation of detainee categories. These standards have not been fully met.
“Monitoring by Suhakam shows boys aged 12 to 17 are held together with adult male detainees. Apart from the Nelson Mandela Rules, this clearly does not comply with Article 37(c) of the CRC.”
Farah said alternatives to detention are still inadequate in terms of capacity and holistic protection systems.
She said Suhakam continues to urge the government to implement community-based alternatives involving government agencies, NGOs and local networks.
“Suhakam is ready to work with the government towards approaches aligned with international human rights standards.”
