Indonesia’s National Commission on Human Rights (Komnas HAM) has condemned the raid at the migrant settlement in Nilai Spring, Negeri Sembilan, that occurred in the early hours of Feb 1 where 67 undocumented migrants were detained.
They reprimanded the Malaysian Immigration Department for not complying with the principles of the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination Against Women (Cedaw) and the Convention on the Rights of the Child (CRC).
Among the 67 undocumented migrants were children as young as two months, as well as other school-aged children who were being prepared for integration with the Indonesian national school system once they returned home permanently.
Malaysiakini previously reported on this incident where it was revealed that the migrant workers, who possessed temporary passes but could not return home due to the pandemic, were held at the Lenggeng Immigration Depot.
Additionally, they highlighted how the raid was performed while Malaysia was still implementing the Labour Recalibration Plan 2.0 (RTK 2.0), a programme that regularises undocumented migrants as legal foreign workers.
“Referring to the CRC, the arrest of a child must comply with the law and should be applied as a last resort and for the shortest possible time.
“In the context of children in conflict with the law, in this case, children are not lawbreakers,” said the commission in a statement yesterday.
Furthermore, they noted how the school-aged children were pursuing informal education at learning facilities supported by the Indonesian Embassy in Malaysia in Nilai Spring.
They added that the children had not received their right to formal education, which “is their right regardless of the status of parents as undocumented migrant workers”.
The commission also commented on the condition of the immigration camp the detained migrants were held, citing that there are no proper facilities for resting and sleeping especially for children, pregnant women, and mothers of infants.
Recommendations for Malaysian govt
In regard to this incident, Komnas HAM has recommended that the Malaysian government intervene as soon as possible.
They requested that the government move the detained women and children to safer facilities that are child-friendly, especially for children who are still breastfeeding and to ensure that these children were not separated from their parents.
Secondly, they demanded that the children be given their right to formal education in accordance with the CRC which Malaysia has ratified as well as ensuring policies made have taken into account their best interests.
The commission has also requested that the Immigration Department stop raiding, arresting, and detaining children of undocumented migrants and put forward a human rights approach as well as optimise the RTK 2.0.
Moreover, they suggested to the Malaysian government and the Indonesian government implement a memorandum of understanding (MOU) regarding the protection of migrant workers.
Recommendations for Indonesian govt
Komnas HAM did not stop at providing suggestions for the Malaysian government to take action - they also requested the Indonesian government to heed the safety and security concerns of migrant workers from the country.
They have asked the government to provide legal assistance to migrant workers, especially the victims of the recent raid. They also pushed for the CRC to be taken seriously in Indonesia as well.
Further, they requested that the detained migrants were to be given mental assessments and counselling sessions for potential trauma caused by the raid, and especially since there were children involved, rehabilitation should be provided for their recovery.
Lastly, Komnas HAM urged the migrant workers monitoring team from the Indonesian parliament to pay attention to the incident as well as monitor any future raids that may happen.
An appreciation towards Suhakam
Komnas HAM also thanked the Malaysian Human Rights Commission (Suhakam) for its response to the raid and recommended that the commission be the watchdog as the case proceeds.
Additionally, Komnas HAM also urged Suhakam to consider investigating alleged human rights violations during the raid, which led to the arrest and detention of migrant workers.
They also requested that the commission ensures the fulfilment, protection and, respect for the detained women and children’s rights.
In closing, they urged Suhakam to supervise the implementation of an MOU between Indonesia and Malaysia about the protection of migrant workers.
Yesterday, Suhakam called for the detained children to be given counselling sessions as the commission’s chairperson Rahmat Mohamad stressed that it is Malaysia’s obligation in accordance with the Convention on the Rights of the Child (CRC) to protect the children’s best interests.
Suhakam also recommended the government execute the alternative to detention (ATD) programme.
This programme temporarily houses migrant children in safe places conducive to the health and wellbeing of the children who are waiting for their immigration status to be determined. - Mkini
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