A foreigner who was detained in an intergrated operation in Sikamat, Seremban on Feb 29. Pic from Bernama
A foreigner who was detained in an intergrated operation in Sikamat, Seremban on Feb 29. Pic from Bernama

KUALA LUMPUR: A global human rights watchdog has urged the Malaysian government, especially the Immigration Department to stop detaining migrant children at detention centres.

The Human Rights Watch's (HRW) report titled 'We Can't See the Sun: Malaysia's Arbitrary Detention of Migrants and Refugees' said the government's practice of arbitrarily detaining children at immigration detention centres nationwide violated international laws.

It said such detentions, whether they only involved the child, or a child who is detained along with his or her family member, is deemed contrary to children's rights.

It said such detentions were not in the child's best interests because it could potentially leave a significant long-term impact on the child's mental health and development.

"As of September 2023, 1,467 children, including 635 girls and 832 boys, were held in 20 immigration detention centres across Malaysia. Shockingly, ad hoc figures from the past decade suggest an average of about 1,300 children are detained at any given time, with underreporting likely due to flawed age assessments.

"Normally the government tallies are likely underreported given that detainees above age 12 are often considered adults and age is determined based on the appearance."

The report said detained migrant children would be housed at the immigration detention centres alongside other migrant relative in a poor and uncondusive environment.

The living conditions and hygiene practices at most of these centres are generally dire and below average standards, exposing them to diseases and health risks.

"Young children are often detained with women, while teenage boys are housed with men upon detention. Children at detention centres face the same abuses as adults, including beatings, inadequate food, and denial of medical care. According to data obtained from the Home Ministry, seven deaths involving children at detention centre were reported in 2022.

"The Malaysian government's use of immigration detention threatens children's health and wellbeing and imperils their development. Prolonged detention in filthy, overcrowded cells without adequate nutrition, education, or exercise space deprives children of the capacity to mentally and physically grow."

The report said children who reach a certain age may be separated from their family members and transferred to blocks based on their gender.

In citing one case, HRW said an eight-year-old boy who was was separated from his mother had been moved to the male detainees block.

It said that women have also given birth at detention depots without the support of medical professionals, and remained detained for months with their newborns.

The HRW also cited another migrant worker which it had interviewed who was only known as Fatimah. The woman had lived in Malaysia for 35 years and she was arrested in January 2020 during an immigration raid.

It said that Fatimah and her daughters, age 13 and 16, were detained at the Menggatal Immigration Detention Centre in Sabah for three years.

"Her daughters had been born in Malaysia but had no identity documents due to her immigration status. She described the challenges that she and other mothers faced in keeping their children fed, healthy, and clean while in detention.

"She and her daughters all suffered from scabies. There were some children that suffered from disabilities and even paralysed.

"Many have died as well while in detention, including Fatimah's husband in 2020," the report said.

Former detainees also told HRW about their challenges to get supplies for their babies and toddlers when little to none were provided.

They said they faced problems getting diapers, baby clothes, formula milk, medicine, blankets, and mattresses, making them malnourished.

The report said children who asked for more food were allegedly beaten by the detention centre staff.

The report cited another detainee only known as Hussein, who admitted to witnessing officers allegedly beating a teenage refugee 300 times with rattan at the Belantik immigration detention centre because the boy asked when the United Nations High Commissioner for Refugees (UNHCR) would visit.