A child rights lawyer warns Rohingya children could be affected by growing anti-refugee sentiment and calls for stronger legal protections.
KUALA LUMPUR: Rohingya children risk bearing the brunt of rising antirefugee sentiment if public pressure to expel the community is allowed to override legal safeguards for minors, said Bar Council Child Rights Committee co-deputy chairperson Collin Andrew.
He said his “biggest worry” is whether children would be affected by a viral petition calling for Rohingya refugees to be expelled from Malaysia.
“The refugees have their own children, so it will eventually trickle down to them as well. I think it is okay to have public discourse but it should not descend into hatred, vilification and dehumanising.
“They are humans. They have to be treated with dignity,” Andrew told theSun on the sidelines of the Legal Symposium on Children’s Rights to Access to Justice and Effective Remedies yesterday.
Andrew said the issue must be addressed through legal safeguards, public education and better cooperation between enforcement agencies, lawyers and the United Nations High Commissioner for Refugees (UNHCR).
He cited a case involving a 15-yearold Rohingya girl detained at the Belantik Immigration Detention Depot, where lawyers faced difficulty accessing her for a habeas corpus application. After a court order was obtained, lawyers entered the detention centre, secured her affidavit and she was eventually released.
Andrew said UNHCR assessments must be given due recognition when authorities deal with refugee children, particularly on documentation issues.
“At the end of the day, they are refugees. UNHCR is the only body that can give that kind of evidence and assessment. So enough consideration must be given to that.”
He also highlighted the 2018 Belantik case where Rohingya minors aged between five and 14 had their detention successfully challenged at the Alor Setar High Court, which held that their continued detention violated Article 22 of the Convention on the Rights of the Child.
“The moment a person leaves the country fearing persecution he becomes a refugee. What UNHCR is merely trying to do is give recognition that this is indeed a genuine asylum seeker. How can that be an afterthought?”
On the proposed Refugee Registration Document, Andrew called it a positive step, but stressed it must come with clear rights.
“Rights must be attached to this document. They must not be at constant risk of arrest and detention. They must be allowed some basic necessities and also be allowed to contribute to the economy.”
