Sending unaccompanied children who are seeking asylum in Australia to detention in Malaysia is a breach of not only their human rights, but also their special rights as children and as refugees, according to the peak advocacy body for young children, Early Childhood Australia (ECA).

ECA chief executive Pam Cahir today released a series of recommendations and said the best interests of children must be put ahead of defeating the people smuggling trade.

'It’s a huge concern that children are being put into mandatory detention in this country, and even more disturbing that the Government is considering sending the latest boat, which has about 20 unaccompanied young people on it, to detention in Malaysia,' said Ms Cahir.

'A compassionate Government should be promoting and protecting the rights of all children and young people, including those seeking asylum.'

'Children are often the first casualty in war, famine or civil unrest, and by sending children who arrive in Australia by boat to Malaysia, this government is guilty of prolonging their suffering even further.'

Ms Cahir said Australia’s efforts to stop people smuggling – a dangerous, abhorrent industry – should never undermine our responsibility to protect and care for children.

'Imagine what these children have gone through. They have been separated from their families and made to be pawns in the people smuggling trade. Sending them on to Malaysia will only aggravate their trauma and cause them more harm.'

'The government needs to show moral leadership in dealing with the complexities of this situation and place families with children and unaccompanied minors in the community while their claims are assessed, not send them to Malaysia where it is out of sight, out of mind,' Ms Cahir said.

ECA Recommendations:

1. Families with children and unaccompanied minors should be placed in the community while their claims are assessed.
2. In the event that an application for refugee status is unsuccessful and families and unaccompanied minors cannot return to their home country, families and unaccompanied minors should continue to live in the community until such time as they can return home.
3. Families should have access to the support they need to care for their children and participate in the community.
4. Unaccompanied minors should have access to the support they need to participate in the community.
5. All school-aged children should have access to the same education available to all other Australian children.
6. All young children and families should have access to the same range of children's services and funding support available to all other Australian children.
7. All children should have access to health programs and services.
8. Language support should be available in the child's home language.
9. Specialist support services should be available to help children and families cope with trauma.
10. Temporary visas must be abolished as they significantly contribute to the dislocation and the unsettled nature of the refugee status and are not conducive to the rearing of healthy children.
11. Establish an Office for the Commissioner of Children and Young People to provide a focus on the best interests of children and young people and a platform for comment and action that is in their best interests.

Media comment:
Pam Cahir, 0407 008 524

Further information:
Claire Johnston, 0434 489 533