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  • DINA ISCOL2012 Children First

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    This document discusses the treatment of refugee children in Malaysia. It notes that refugee children are doubly vulnerable as both children and refugees. While international conventions recognize refugee children's rights, Malaysian law provides no express protections for refugees and decisions are made at the discretion of authorities. This has led to refugee children facing detention, lack of birth registration, limited access to education and healthcare, and risks of abuse and exploitation. The document recommends that Malaysia devise specific laws to protect refugee children in accordance with the UN Convention on the Rights of the Child. Authorities should avoid detaining children and instead focus on their best interests and rights.

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    This document discusses the treatment of refugee children in Malaysia. It notes that refugee children are doubly vulnerable as both children and refugees. While international conventions recognize refugee children's rights, Malaysian law provides no express protections for refugees and decisions are made at the discretion of authorities. This has led to refugee children facing detention, lack of birth registration, limited access to education and healthcare, and risks of abuse and exploitation. The document recommends that Malaysia devise specific laws to protect refugee children in accordance with the UN Convention on the Rights of the Child. Authorities should avoid detaining children and instead focus on their best interests and rights.

    Drepturi de autor:

    Attribution Non-Commercial (BY-NC)
    Descărcați ca PPT, PDF, TXT sau citiți online pe Scribd
    Indicator pentru conținut neadecvat
    13 vizualizări11 pagini

    DINA ISCOL2012 Children First

    Încărcat de

    dinasupaat
    This document discusses the treatment of refugee children in Malaysia. It notes that refugee children are doubly vulnerable as both children and refugees. While international conventions recognize refugee children's rights, Malaysian law provides no express protections for refugees and decisions are made at the discretion of authorities. This has led to refugee children facing detention, lack of birth registration, limited access to education and healthcare, and risks of abuse and exploitation. The document recommends that Malaysia devise specific laws to protect refugee children in accordance with the UN Convention on the Rights of the Child. Authorities should avoid detaining children and instead focus on their best interests and rights.

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    Attribution Non-Commercial (BY-NC)
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    din 11

    THE EXTENT TO WHICH REFUGEE CHILDREN IN MALAYSIA ARE BEING TREATED AS CHILDREN FIRST

    Dina Imam Supaat Faculty of Syariah and Law USIM

    Temporary refuge for:


    Boat people/ Indochinese refugees Rohingyans, Chins and other refugee from Myanmar

    Filipino refugees

    Indonesian

    Bosnian/ Nepal/ Iraq/ African

    Arrival in safe country

    Return/ Repatriatio n to country of origin

    Application for refugee status

    Resettleme nt in third country

    Determinati on of status by authority

    Who?
    According to United Nation Convention on the Rights of the Child and the 1951 Convention Relating to the Status of Refugees: Refugee children are persons under the age of 18 years who owing to a well founded fear of being persecuted either because of race, religion, nationality, membership of a particular social group, political opinion, are outside the country of nationality or former habitual residence and are unable to or unwilling to avail themselves to the protection of the country of nationality or unable to or unwilling to return to his country of residence.

    Double Vulnerability

    As children: dependant, cannot fend for themselves

    As refugee: invisible, hazardous refugee life

    Vulnerable and at risks of:


    Emotional, psychological and physical abuse Unhealthy and unhygienic living condition Traumatizing experience fleeing country of origin Detention Malnutrition Sexual and gender abuse/ violence Mistreatment of the authorities Contracting Aids, HIV and other diseases Victims of human trafficking Child soldier Separated from families/ guardian Denied basic rights

    UNCRC, UNHCR Guidelines, EU Directives etc


    Refugee children to be treated as children first not as immigration offender/ criminal/ illegal immigrant Children as rights holders Non- discrimination/ Equal treatment Best interests of the child as primary consideration in all actions and decisions Right to participate

    Protection Under Malaysian Legal Framework


    No express protection or specific arrangement under any written law, depends on UNHCR but refuse to recognise their mandate Action and decision of protection are made based on discretion

    UNCRC guiding principles and other guidelines are not observed There is a clear linkage between the nonexistence of law, dependence on discretionary powers of the authorities in dealing with refugees, conflicting actions of legal enforcement against refugee children and the plight of refugee children.

    Consequences
    Arrival/ presence not regulated- birth not registered, prone to missing in action Detention- without trial, unlimited, with adult offender, unhygienic condition

    Criminal Penalty under Immigration Act including imprisonment and fine

    Separation from family due to detention, deportation, reunification not considered

    Limited Access To UNHCR Asylum Application System, identification not recognised

    Destitution- beggars, homeless, accused of increased crime rate

    Education- cannot attend public school, new generation of illiterate children, cannot contribute to society

    Health and Healthcare Issues- limited access, expensive treatment

    Risk of abuse, exploitation, manipulation, victim of human trafficking during deportation

    Recommendation
    Devise specific protection/ law/ legislative framework
    Recognise refugee children, their rights needs Avoid abuse of power Grave deficiency of refugee protection Needs of refugee children not addressed/ fulfilled Denial of basic rights Amend Immigration Act to protect refugee from criminal penalty Suitable agencies should involve

    Implement the UNCRC


    Incorporate in domestic laws and practice Abort detention but if exceptionally necessary- short, special protection Observe non- discrimination, best interests, right to life, right to be heard

    THANK YOU TERIMA KASIH

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