Still no access to immigration detention centres, says UNHCR

 

The UNHCR still has not received official confirmation that it would be granted access to immigration detention depots.

This is despite Home Minister Saifuddin Nasution Ismail stating last month (Feb 16) that there were no qualms about granting access, adding that his ministry had good working ties with the UN body.

“At this time, we do not yet have a formal confirmation concerning access to immigration detention facilities.

“However, we look forward to resuming our work in accessing these facilities to determine if there are detained persons - especially vulnerable individuals like children and the elderly - requiring our attention, and who may be asylum-seekers or refugees in need of international protection, and advocating for their release,” UNHCR Kuala Lumpur spokesperson Yante Ismail said in an email response to Malaysiakini.

Yante added that the UNHCR has been having close discussions with the government for many years on a framework of cooperation in managing the refugee situation in the country.

“This includes data sharing, joint registration with the government, screening of asylum-seekers and access to legal work.

“In particular, UNHCR welcomes the Malaysian government’s commitment to granting UNHCR access to immigration detention facilities across the country,” she added.

The UNHCR previously said that it has been unable to access detention centres since August 2019.

Chilling accounts

On Wednesday, Human Rights Watch (HRW) launched a report relating chilling accounts about the conditions of immigration detention centres in Malaysia titled “We Can’t See The Sun: Malaysia’s Arbitrary Detention of Migrants and Refugees”.

Former detainees interviewed by HRW relayed witnessing acts of torture upon children and inadequate supplies as well as medical care within the facilities.

Part of its recommendations was for donor resettlement governments to call on Malaysia to grant UNHCR full access to immigration detention centres.

It also recommended that the government immediately release all refugees and asylum seekers registered with UNHCR and ensure refugees’ access to protection and assistance.

The report makes recommendations as well, to improve refugee rights and protection, safeguard children against detention and urgently improve detention centres to meet international standards.

It addresses other United Nations agencies, including UNHCR and the International Organization for Migration to make public calls on the government to halt summary deportations of asylum seekers.

While calling on them to pressure the authorities to grant UNHCR unfettered and unscheduled access to immigration detention facilities, the report asked the UN agencies to adopt measures that speed up refugee status determination in Malaysia, especially for detainees.

Immigrations’ conditions

Asked to respond to HRW’s report, Yante said the UNHCR does not publicly comment on the conditions in immigration detention facilities.

“Conditions in these facilities have been widely publicly commented upon by human rights groups, and where these issues affect refugees and asylum-seekers, UNHCR engages in bilateral discussions with the government on them.

“More broadly, however, we are aware and concerned that in immigration detention facilities around Malaysia, there remain detained persons - including vulnerable individuals - requiring our attention and who may be asylum-seekers or refugees.

“As we have not received approval from Immigration authorities to access immigration detention centres since August 2019, this has unfortunately prevented UNHCR from seeing those detained to determine if there are individuals in need of international protection and to advocate for their release.

“UNHCR has advocated, and continues to do so, with the Immigration Department and relevant government agencies and ministries, including at the highest level, for immediate access to those who may need our protection,” Yante said. - Mkini