Commenting on the breakout of 528 Rohingya refugees from the centre in Kedah last week, home minister Hamzah Zainudin stressed that Malaysia does not recognise their refugee status as the country is not a signatory to the 1951 Refugee Convention, adding that their presence in the country was on humanitarian grounds.

In a statement today, Suhakam’s children’s commissioner Noor Aziah Mohd Awal said that while Malaysia may not be a signatory to the 1951 Refugee Convention, it is, however, a party to the 1989 CRC.

“Article 22 of the CRC states that the state must ensure that a child who is seeking refugee status, or who has been determined to be a refugee, shall receive appropriate protection and humanitarian assistance,” she said.

“In addition, children who are seeking asylum or who have been granted refugee status are entitled to the full enjoyment of their rights under the four basic principles of the CRC, which state that children should not be discriminated against, be treated with humanity and respect, have their voices heard and to prioritise the best interests of the child.”

She also called on the government to include Rohingya children in an alternative detention pilot project as she said they need to live in a more secure and conducive environment.

Urging the government to consider allowing the UN High Commissioner for Refugees (UNHCR) to issue UNHCR cards to all Rohingya refugees, she also proposed that UNHCR prioritise resettling them to a third country.

Noor Aziah also mooted the establishment of an independent body, consisting of representatives other than the home ministry, to investigate the incident.

In the 4.30am incident last Wednesday, 528 Rohingya detainees escaped from the Sungai Bakap immigration detention depot near Bandar Baharu, Kedah.

The two children were among the six refugees killed while trying to cross the North-South Expressway near Jawi.