KUALA LUMPUR (UCAN): “This is an infringement of the ASEAN Declaration on the Rights of Children in the Context of Migration because it violates their civil liberties and impacts their mental well-being,” rights groups and non-government organisations [NGO] said in a statement slamming the Malaysian government for detaining children and violating of their rights during a raid on undocumented migrants.
In a joint statement issued on August 8, five rights groups and NGOs called the detention of children, aged eight and above, an “infringement” of their basic rights and demanded their immediate release, Free Malaysia Today reported.
Signatories include Persatuan Sahabat Wanita Selangor [Selangor Friends of Women Association], Beyond Borders Malaysia, Tenaganita, Aliran, and the Center for Independent Journalism [CIJ].
The reaction came after Syamsul Bahrin Mohshin, director of the Kuala Lumpur immigration department announced the detention of 425 undocumented migrants between the ages of eight and 54 at Cheria Heights apartments on August 4.
“Malaysia has also failed to uphold its pledge to implement policies and legislation that would protect the rights of the most vulnerable communities,” the statement alleged.
This is an infringement of the ASEAN Declaration on the Rights of Children in the Context of Migration because it violates their civil liberties and impacts their mental well-being
They cited the statement of home minister, Saifuddin Nasution Ismail, in February 2023 saying that children held in detention centres would be handed over to NGOs.
The groups alleged that the children of undocumented migrants were still in detention with their family members since their arrest on August 4.
“The lack of documents and work visas are administrative offenses, which are also due to unscrupulous labour agents and employers,” the group said.
The group also condemned the raids in housing areas saying that they would “traumatise innocent people” and were “a clear violation of human rights.”
In April 2023, the Malaysian government launched an investigation into possible fraud after hundreds of migrant workers,who arrived from South Asia, were rendered jobless despite paying high fees for migration, Reuters reported.
Reportedly, hundreds of workers from Bangladesh and Nepal arrived in December 2022 after paying up to 20,000 Malaysian Ringgit [$34,149] to middlemen to get employment
Reportedly, hundreds of workers from Bangladesh and Nepal arrived in December 2022 after paying up to 20,000 Malaysian Ringgit [$34,149] to middlemen to get employment.
In August 2021, Malaysian government said that nearly 90,000 undocumented migrants were repatriated within one year and that US$12.3 million [$96.5 million] was collected in penalties under amnesty programmes to legalise or send foreign workers back home.
In 2020, Malaysia launched two “recalibration” programmes aimed at enabling undocumented migrant labourers to escape deportation and work legally in the country.
They could either apply to return to their home countries after paying a fine of 500 Malaysian Ringgit [$850] or stay and work legally in sectors deemed “difficult, dangerous or dirty” such as the manufacturing, construction, agricultural, and plantations sectors.
According to the scheme, undocumented migrants can stay in Malaysia while employers applied for their legalisation. Those deemed unfit or ineligible for the programme are allowed to leave with minimal fines.
Malaysia’s palm oil plantations heavily depend on foreign migrant workers.
In 2021, about 80 to 85 per cent of the plantation workforce, or some 265,000 people, were foreigners, according to Malaysian Palm Oil Board, Benar News reported.
There were about 2.2 million documented migrant workers in Malaysia in 2022, according to government data.
The country is home to an estimated 1.2 to 3.5 million undocumented or irregular migrants, making it one of the largest migrant-receiving countries in Southeast Asia, according to International Organisation for Migration.
Expatriate workers make up 15.3 per cent of the Malaysian workforce and dominate the low-skilled and semi-skilled job sectors, the agency reports.
