Malaysia’s Immigration Reform Under Scrutiny: HRW Criticizes Detention of Refugee Children

Malaysia’s Baitul Mahabbah initiative, which aims to move children aged 10 and under from immigration depots to dedicated refugee centers, is under fire from Human Rights Watch (HRW). According to HRW Deputy Asia Director Byrony Lau, these centers continue to violate children’s rights by effectively serving as a form of detention.

Launched a year ago by the Malaysian government, the Baitul Mahabbah centers were meant to offer an alternative to what HRW has described as an “abusive and punitive immigration system.” However, Lau argues that the initiative has failed to deliver on its promises, as children are still deprived of their liberty and remain under the supervision of immigration officials and security personnel. Some children have been detained for nearly a year, including unaccompanied minors. At a particular facility near Kuala Lumpur International Airport, Lau reported that some Rohingya children were held without guardians.

Malaysia has yet to sign or ratify the UN Refugee Convention, complicating efforts by the international community to provide adequate protection for refugees and asylum seekers. Consequently, many refugees face indefinite detention. Lau criticized the Malaysian government for not allowing UNHCR access to review asylum claims, stating that thousands of Rohingya refugees and asylum seekers remain detained indefinitely because they cannot be deported.

In early September, the government announced the opening of two additional centers, with Home Minister Saifuddin Nasution Ismail expressing a desire to collaborate with NGOs in managing these facilities. Nonetheless, Lau emphasized that the ultimate goal should be the release of all children from immigration detention, advocating that these centers should only serve as a temporary solution to protect children’s rights.