The Alternative to Detention (ATD) pilot programme is a step in the right direction, says the End Child Detention Network Malaysia (ECDN) in its latest assertion. However, there must be a transparent framework for monitoring and evaluating the pilot programme to make sure that the well-being of the children concerned are safeguarded all through the course of.
“This is a right step towards fulfilling Malaysia’s obligations under the United Nations Convention on the Rights of the Child (CRC) which the nation ratified in 1995,” stated ECDN, which is a coalition of civil society organisations and people working to make sure that no baby is detained in Malaysia because of their immigration standing.
The pilot programme, anchored by the Women, Family and Community Development Mnistry and the Home Affairs Ministry, will present short-term shelter for unaccompanied and separated children under detention.
It acknowledges that children face severe hurt in immigration detention and prioritises the bodily and psychological well being growth of children.
This can be well timed as Malaysia prepares to submit a standing report back to the UN Committee on the Rights of the Child, the assertion stated.
The normal working process (SOP) framework for the ATD pilot programme, which was developed in session with chosen non-governmental organisations, is guided by the precept of the finest curiosity of the baby (Article 3), and upholds the rights of a baby to be shielded from all kinds of violence (Article 19) and to entry particular safety in the occasion of separation from his/her household setting (Article20).
The pilot programme additionally works in direction of the implementation of insurance policies and legislations that promote and defend the rights of the most susceptible communities, one of Malaysia’s pledges made to safe its seat on the United Nations Human Rights Council, and alerts Malaysia’s dedication to the ASEAN Declaration on the Rights of Children in the Context of Migration and its corresponding Regional Plan.
According to CRC tips, immigration detention is a violation of baby rights, and as of Oct 11, 2021, the Home Ministry has reported about 1,425 children in detention centres nationwide. Malaysia remains to be behind its ASEAN neighbours, particularly Thailand and Indonesia, who’ve been releasing a whole lot of children from immigration detention into community-based care since 2019.
While the pilot programme is a constructive first step, the Malaysian authorities nonetheless must observe by and make sure that the baby’s human rights, well-being and finest pursuits are upheld all through the course of of launch, neighborhood placement, and immigration insurance policies, the assertion emphasised.
In addition, it recommends that the two ministries develop a transparent framework for monitoring and evaluating the pilot programme that focuses on the finest curiosity of the baby. It additionally calls on the Malaysian authorities to offer additional particulars and common updates on the implementation of the pilot programme in parliament.
