CSW uncovers more evidence of human rights abuses in Burma

Posted: Monday, May 25, 2009, 11:10 (BST)

Christian Solidarity Worldwide (CSW) recently returned from a three-week visit to South-East Asia with fresh evidence of human rights violations in Burma.

CSW visited the Kachin ethnic group in northern Burma with the Free Burma Rangers, and made a separate visit to Chin refugees in Malaysia.

A CSW representative heard first-hand testimony of rape, religious discrimination and land confiscation in Kachin State, and met a Chin pastor, now in Malaysia, who had been forced by Burma’s military regime to deliver a speech at a public rally denouncing human rights campaigners and claiming to enjoy complete religious freedom.

CSW also met representatives of the Kachin Independence Organisation (KIO) the day after the regime had ordered the KIO to surrender its arms and soldiers to Burma Army control.

In a detailed report of the visit to the Kachin released on Friday, CSW quoted the testimony of a 21 year-old Bible school student who was raped and strangled by two Burma Army soldiers.

After describing her ordeal, the student told CSW that she had heard that one of the soldiers had raped many girls, but had never been brought to justice.

“Every woman should be careful. My experience is an example for other girls … I want justice to be done," she said.

CSW’s East Asia Team Leader Benedict Rogers, said: “The Kachin people have a ceasefire with the regime, but the peace dividend is severely limited.

"An end to widespread killing and mass displacement is welcome, but it comes at the cost of a climate of intense restriction, discrimination, and crimes committed with impunity by military personnel.

"Similarly, the Chin people face constant religious and ethnic discrimination and severe abuse. Worst of all, these two ethnic groups feel particularly forgotten by the international community.

"It is time that their voices were heard, and that the international community responded to the political, social, humanitarian and environmental disaster in northern and western Burma.”

Junta’s violations severe in Northern Burma: CSW

By Solomon

Monday, 25 May 2009 22:53

New Delhi (Mizzima) – The Christian Solidarity Worldwide, an advocacy group, said human rights violations continue to be grave in areas where ethnic minorities live and have come out with fresh accounts of violations during their field trip to Northern Burma.CSW, in a report released after their three-week field trip to Kachin state in northern Burma, said they heard horrifying testimonies from victims of human rights violations committed by the ruling junta’s army.“The situation in Kachin State is bad, we found first hand evidence of rape, religious discrimination, land confiscation and human trafficking,” Benedict Rogers, CSW’s South Asia Advocacy officer, told Mizzima.He said, during their trip, they were able to meet victims of rape, religious discrimination and people whose land were confiscated by the army.During the trip, from the end of April to the first week of May, 2009, the CSW team was also able to meet the Kachin Independent Organization, an armed rebel group fighting for self-determination but which has a ceasefire pact with the junta.Rogers, who was the team leader visiting Burma, said they have seen ethnic Kachin people living under constant fear, especially women, as they fall easy prey to Burmese soldiers and no one dares to intervene as they are scared of the Burmese soldiers.“Despite the ceasefire, human rights violations continue and people suffer,” said Rogers, referring to the more than one decade old ceasefire agreement between the KIO and the Burmese junta.The KIO in 1994 entered into a ceasefire agreement with the ruling junta on grounds that continued war had devastated the people. But their expectations were belied because the pact turned out to be worse than the people expected as the junta’s army slowly expanded in the areas, which were earlier controlled by the rebel group.The KIO was officially banned from making fresh recruitments. During their visit, Rogers said, he met a 21-year old Bible school student, who narrated her experience of being raped by two Burmese soldiers, and how she is left helpless.The girl apparently did not get any compensation and the perpetrator went unpunished.“Every woman should be careful. My experience is an example for other girls … I want justice to be done,” the CSW quoted the girl as saying in its press release on May 22.The girl did file a case at three different military courts and requested for investigations but there hasn’t been any action or compensation except 100,000 Kyats she received for medical care, a rice bag and cooking oil, she said.“Many rape cases in Kachin State go unreported because victims are afraid and to ashamed to report it. There are many more cases we don’t know about,” said Rogers.“No women are safe in Kachin State,” he added.Rogers said, even the KIO, cannot provide protection to their people except within their controlled areas, said Rogers.In July last year, Burmese soldiers reportedly raped and murdered a 15 year old girl, Nhkum Hkawn Din, from the Nam Sai villiage in Kachin State but the army closed the case after paying the girl’s parents of 500,000 Kyats (US$ 500) as compensation and took no action against the accused soldiers.Awng Wa, Chairman of the Kachin Development Networking Group (KDNG), which is working inside Burma said, human rights abuses such as rape, torture, forced labour and land confiscation are common and are not strange in Kachin State.“You can hear of rape cases everywhere, if there is a military camp set up. But no one dares to complain because they are afraid that it could create a backlash with more repression,” said Awng Wa.“Instead of getting support or action, the authorities usually punish the complainants. So many cases have gone under reported,” he added.He said, before the ceasefire between the military government and the Kachin Independent Organization and its armed wing the Kachin Independent Army(KIO/A), which represent the Kachin people, there were human rights violations of the highest order within the ethnic people and after ceasefire abuses continue.“Land confiscation and forced labour are common too,” said Awng Wa. He said, forced labour, however, changes during war into use of porters but during peace, people have been forced to cultivate physic nut trees.The report also talks about the plight of Chin refugees. Rogers, who had also visited Malaysia and met Chin refugees, said life of Chin refugees is not favourable as they live and work in deplorable conditions.“The situation in Northern and Western Burma of Kachin and Chin State, have gone unknown and are ignored by many in the world,” said Rogers.“It is time that their voices were heard, and that the international community responded to the political, social, humanitarian and environmental disaster in northern and western Burma,” said Rogers in the press statement.“The international community needs to know that the ceasefire areas are not really in peace. People in ceasefire areas are really suffering seriously,” Rogers told Mizzima.

CSW uncovers more evidence of human rights abuses in Burma

Christian Solidarity Worldwide (CSW) recently returned from a three-week visit to South-East Asia with fresh evidence of human rights violations in Burma.CSW visited the Kachin ethnic group in northern Burma with the Free Burma Rangers, and made a separate visit to Chin refugees in Malaysia.
A CSW representative heard first-hand testimony of rape, religious discrimination and land confiscation in Kachin State, and met a Chin pastor, now in Malaysia, who had been forced by Burma’s military regime to deliver a speech at a public rally denouncing human rights campaigners and claiming to enjoy complete religious freedom.
CSW also met representatives of the Kachin Independence Organisation (KIO) the day after the regime had ordered the KIO to surrender its arms and soldiers to Burma Army control.In a detailed report of the visit to the Kachin released on Friday, CSW quoted the testimony of a 21 year-old Bible school student who was raped and strangled by two Burma Army soldiers.
After describing her ordeal, the student told CSW that she had heard that one of the soldiers had raped many girls, but had never been brought to justice.
“Every woman should be careful. My experience is an example for other girls … I want justice to be done," she said. CSW’s East Asia Team Leader Benedict Rogers, said: “The Kachin people have a ceasefire with the regime, but the peace dividend is severely limited.
"An end to widespread killing and mass displacement is welcome, but it comes at the cost of a climate of intense restriction, discrimination, and crimes committed with impunity by military personnel.
"Similarly, the Chin people face constant religious and ethnic discrimination and severe abuse. Worst of all, these two ethnic groups feel particularly forgotten by the international community.
"It is time that their voices were heard, and that the international community responded to the political, social, humanitarian and environmental disaster in northern and western Burma.”

83 Illegal Immigrants Arrested

May 13, 2009 13:21 PM

83 Illegal Immigrants Arrested

KUALA LUMPUR, May 13 (Bernama) -- Eighty-three illegal immigrants, including 14 women, were arrested in an anti-crime operation in the vicinity of the Selayang wholesale market here last night.

Some even climbed up rooftops to evade arrest, but to no avail. Most of them were vegetable sellers at the market

Sentul OCPD ACP Zakaria Pagan said the illegal immigrants -- 81 Myanmars and two Indonesians -- were arrested after they failed to produce their travel documents.

Police had to break into several houses occupied the illegal immigrants when they refused to cooperate, he told reporters at the Jinjang police station.

He said that that massive operation focused on the vicinity of the wholesale market because it had been identified as the main contributor to the spike in the crime rate in the district.

He said police would take stern action against those who employed illegal immigrants and refused to cooperate to ensure that their business sites were free of illegal immigrants.

He said there were an estimated 2,000 foreigners, mostly Myanmars, living in the area.

A total of 150 policemen, immigration officers and Rela members took part in the four-hour operation which began at 11pm.

-- BERNAMA

An open Letter !

Posted on 22 May 2009 by Administrator

Dear Dato’ Wong Chun Wai,

I have to place on record my deep disappointment at your recent article in The Sunday Star of 17 May 2009, under the title “A Disease Not To Be Sneezed At“. You have in essence attributed the incidence and resurgence of certain diseases in our country to the presence of migrant workers and illegal immigrants. However the only factual basis for the views you expressed were 2 reports, one from 2000 and another from 2004. Indeed the 2004 report to which you referred merely documented the incidence of certain diseases amongst 1 million foreign workers examined nationwide. No comparison was made with any contemporaneous or subsequent study of the incidence of such diseases amongst Malaysians to establish any causal link. In any event, neither of these reports constitutes up-to-date evidence to support your opinion. The rest of the references were anecdotal in nature and not substantiated.

Even when writing about the very recent outbreak of leptospirosis at the Juru Detention Camp, you chose to ignore the much more fundamental point, which is that the Government is incarcerating foreign nationals in places and under conditions which are totally unhygienic. At the very least, their water supply is contaminated. Instead, you chose to conclude from this reference to the incidence of leptospirosis that “it is worrying that Malaysia is facing the return of diseases eliminated decades ago”. When did we eliminate leptospirosis? And how did this particular outbreak occur? Are you saying the foreign nationals brought leptospirosis into Malaysia? If so, how did they do it, given that it arises from consuming water contaminated by animal urine? Did they bring in their own water? Did they smuggle their own animals across our borders? Your conclusion is simply preposterous and misplaced in this regard.

Although your article started with an account of your experience being delayed by medical checks when visiting Shenzen, where ironically YOU may have been the foreign national suspected of bringing disease into China, and you made some references to borderless international travel, the better part of your article was devoted essentially to blaming migrant workers and illegal immigrants for much of the resurgent health problems in Malaysia. As you wrote: “It would not be wrong to say that Malaysia is facing the emergence and re-emergence of diseases because of these foreigners.” The blame is clear: “because of these foreigners”. The contempt captured in the words “these foreigners” is palpable. No attempt was made to include in the reference to “these foreigners” the well-heeled travellers who could be bringing influenza A (H1N1) to Malaysia. It instantly reminded me of the favoured practice of our glorious men and women in blue of blaming foreign nationals for the increase in the incidence of crime in Malaysia. By attempting to pinpoint someone else as being the cause of our problems, we offer a false panacea. We are not to blame. We are not responsible. It is not because of us, but because of them, “these foreigners”. Remove them, and the problem is also removed.

Such a simplistic analysis does a great disservice to the proper understanding of the public health and safety concerns that face us as a nation. When we mis-diagnose the problem, we mis-prescribe the solution. While I do not deny that these public health and safety concerns exist, their causes are myriad and manifold. By choosing to demonise a particular segment of our society as being the root cause of these problems, we encourage xenophobia, the unfounded and irrational fear of foreigners amongst us. We promote hate and division. We justify injustice, ill-treatment and the violation of their basic human rights. Their crime: to belong to an economic and social underclass.

True, we already have ghettoes and no-go areas in some of our housing areas. The Selayang market immediately comes to mind. But the solution is not to label every foreigner as a threat to national security or a risk to public health and safety, or an economic competitor. The Office of the United Nations High Commissioner for Refugees in Malaysia has reported, for example, that there are 47,000 nationals from Myanmar registered with them, with their refugee status still being determined. As many more are unregistered. 7,000 of them are of school-going age. What we need to do is to register them, nourish them, accommodate them, care for their health and well-being, educate them, employ them. So long as they remain on the periphery of society, they will be categorised as “non-persons” (since Malaysia has not signed the 1951 Convention on Refugees and does not recognise the concept of a refugee in our laws) and be viewed as an anonymous and faceless but ever-present threat or risk.

Our basic common humanity and, for those of us who are people of faith, our religious values demand no less: that they be treated with dignity and compassion. Labelling them as dirty, diseased and dangerous and blaming them for our problems, which is essentially what you have done in your article, is certainly not the way forward.

Andrew Khoo Chin Hock

Kuala Lumpur

An open Letter !

Posted on 22 May 2009 by Administrator

Dear Dato’ Wong Chun Wai,

I have to place on record my deep disappointment at your recent article in The Sunday Star of 17 May 2009, under the title “A Disease Not To Be Sneezed At“. You have in essence attributed the incidence and resurgence of certain diseases in our country to the presence of migrant workers and illegal immigrants. However the only factual basis for the views you expressed were 2 reports, one from 2000 and another from 2004. Indeed the 2004 report to which you referred merely documented the incidence of certain diseases amongst 1 million foreign workers examined nationwide. No comparison was made with any contemporaneous or subsequent study of the incidence of such diseases amongst Malaysians to establish any causal link. In any event, neither of these reports constitutes up-to-date evidence to support your opinion. The rest of the references were anecdotal in nature and not substantiated.

Even when writing about the very recent outbreak of leptospirosis at the Juru Detention Camp, you chose to ignore the much more fundamental point, which is that the Government is incarcerating foreign nationals in places and under conditions which are totally unhygienic. At the very least, their water supply is contaminated. Instead, you chose to conclude from this reference to the incidence of leptospirosis that “it is worrying that Malaysia is facing the return of diseases eliminated decades ago”. When did we eliminate leptospirosis? And how did this particular outbreak occur? Are you saying the foreign nationals brought leptospirosis into Malaysia? If so, how did they do it, given that it arises from consuming water contaminated by animal urine? Did they bring in their own water? Did they smuggle their own animals across our borders? Your conclusion is simply preposterous and misplaced in this regard.

Although your article started with an account of your experience being delayed by medical checks when visiting Shenzen, where ironically YOU may have been the foreign national suspected of bringing disease into China, and you made some references to borderless international travel, the better part of your article was devoted essentially to blaming migrant workers and illegal immigrants for much of the resurgent health problems in Malaysia. As you wrote: “It would not be wrong to say that Malaysia is facing the emergence and re-emergence of diseases because of these foreigners.” The blame is clear: “because of these foreigners”. The contempt captured in the words “these foreigners” is palpable. No attempt was made to include in the reference to “these foreigners” the well-heeled travellers who could be bringing influenza A (H1N1) to Malaysia. It instantly reminded me of the favoured practice of our glorious men and women in blue of blaming foreign nationals for the increase in the incidence of crime in Malaysia. By attempting to pinpoint someone else as being the cause of our problems, we offer a false panacea. We are not to blame. We are not responsible. It is not because of us, but because of them, “these foreigners”. Remove them, and the problem is also removed.

Such a simplistic analysis does a great disservice to the proper understanding of the public health and safety concerns that face us as a nation. When we mis-diagnose the problem, we mis-prescribe the solution. While I do not deny that these public health and safety concerns exist, their causes are myriad and manifold. By choosing to demonise a particular segment of our society as being the root cause of these problems, we encourage xenophobia, the unfounded and irrational fear of foreigners amongst us. We promote hate and division. We justify injustice, ill-treatment and the violation of their basic human rights. Their crime: to belong to an economic and social underclass.

True, we already have ghettoes and no-go areas in some of our housing areas. The Selayang market immediately comes to mind. But the solution is not to label every foreigner as a threat to national security or a risk to public health and safety, or an economic competitor. The Office of the United Nations High Commissioner for Refugees in Malaysia has reported, for example, that there are 47,000 nationals from Myanmar registered with them, with their refugee status still being determined. As many more are unregistered. 7,000 of them are of school-going age. What we need to do is to register them, nourish them, accommodate them, care for their health and well-being, educate them, employ them. So long as they remain on the periphery of society, they will be categorised as “non-persons” (since Malaysia has not signed the 1951 Convention on Refugees and does not recognise the concept of a refugee in our laws) and be viewed as an anonymous and faceless but ever-present threat or risk.

Our basic common humanity and, for those of us who are people of faith, our religious values demand no less: that they be treated with dignity and compassion. Labelling them as dirty, diseased and dangerous and blaming them for our problems, which is essentially what you have done in your article, is certainly not the way forward.

Andrew Khoo Chin Hock

Kuala Lumpur

CSW: Chin and Kachin Face Brutalities In Burma

By Van Biak Thang, Chinland Guardian, 23 May, 2009

Christian Solidarity Worldwide (CSW) yesterday released a report documenting first-hand information on SPDC’s human rights violations among the Chin and Kachin in Burma after making a visit to the Kachin State and to Chin refugees in Malaysia last week.

CSW visited the Kachin ethnic group in northern Burma with the Free Burma Rangers, and made a separate visit to Chin refugees in Malaysia.

A CSW representative heard first-hand testimony of rape, religious discrimination and land confiscation in Kachin State, and met a Chin pastor, now in Malaysia, who had been forced by Burma’s military regime to deliver a speech at a public rally denouncing human rights campaigners and claiming to enjoy complete religious freedom.

CSW also met representatives of the Kachin Independence Organisation (KIO) the day after the regime had ordered the KIO to surrender its arms and soldiers to Burma Army control.

In a detailed report of the visit to the Kachin released today, CSW quotes the testimony of a 21 year-old Bible school student who was raped and strangled by two Burma Army soldiers. After describing her ordeal, the student told CSW that she had heard that one of the soldiers had raped many girls, but had never been brought to justice. “Every woman should be careful. My experience is an example for other girls … I want justice to be done.”

CSW’s East Asia Team Leader, Benedict Rogers, said: “The Kachin people have a ceasefire with the regime, but the peace dividend is severely limited. An end to widespread killing and mass displacement is welcome, but it comes at the cost of a climate of intense restriction, discrimination, and crimes committed with impunity by military personnel.”

“Similarly, the Chin people face constant religious and ethnic discrimination and severe abuse. Worst of all, these two ethnic groups feel particularly forgotten by the international community. It is time that their voices were heard, and that the international community responded to the political, social, humanitarian and environmental disaster in northern and western Burma.”

CSW is a human rights organisation which specialises in religious freedom, works on behalf of those persecuted for their Christian beliefs and promotes religious liberty for all.

Malaysia Ready To Share Its Experiences With USA

Malaysia Ready To Share Its Experiences With USA

By Salmy Hashim

WASHINGTON, May 15 (Bernama) -- Malaysia is ready to share its experiences with the United States in dealing with global piracy, and the financial crisis, Malaysian Foreign Minister Datuk Anifah Aman said after concluding a "productive meeting" with his American counterpart, Secretary of State Hillary Rodham Clinton, here Thursday.

Anifah said Malaysia placed a high priority on solving the piracy menace in the Gulf of Aden as it affected the economy of the region as well as the rest of the world.

This is the new foreign minister's first visit to Washington DC, and he hoped to bring the "excellent" bilateral relations in trade, investment, security, defence and education to a "higher level".

Clinton said: "We are going to start a consultative process of engagement to determine how we can move our relationship forward. We think there are many opportunities for us to cooperate on regional and international problems more closely.

"We also think we have things to learn from Malaysia, for example, how they handled the economic crisis. The minister offered assistance in Afghanistan and Pakistan, if the United States can work with Malaysia to figure out how best to deliver that.

"We are both concerned about refugees fleeing from Burma (Myanmar) and other displaced persons. We need a system to work with that. We want to do more on preventing the trafficking of persons through Malaysia."

The discussions between Anifah and Clinton covered a range of issues, including the latest developments in Myanmar concerning the arrest of pro-democracy leader Aung San Su Kyi, Asean as a regional institution, combating piracy and terrorism, finding solutions to the global financial crisis, and dealing with refugee flows, and human trafficking.

The two cabinet members emerged from Clinton's office beaming after a 30-minute meeting. Clinton, wearing a cream-coloured jacket and dark pants, looked radiant while Anifah appeared upbeat in his grey suit and red tie in front of the international media at the majestic Treaty Room.

Clinton noted Malaysia's efforts to combat piracy in the Gulf of Aden as "very effective", saying that the Southeast Asian country had gained a lot of experience and expertise in combating piracy in the Straits of Melaka over the years.

Malaysia has had military vessels deployed there since last fall. The country will host an international conference on piracy on May 18, and attend the meeting of the Contact Group for Piracy off the Coast of Somalia.

"We look forward to Malaysia's membership in this important body and to benefiting from their advice and counsel," she said.

Clinton said at the joint news conference with Anifah that United States President Barack Obama looked forward to working with Malaysia and "we see many opportunities for engagement between our two countries".

"The role that Malaysia is playing and can play, regionally and even globally, on a number of important issues is significant, and therefore we want to broaden and deepen our strategic cooperation," she said.

Such areas include reaching out to the Islamic world through the Organisation of the Islamic Conference (OIC).

"We would very much like to have the advice and the assistance of countries like Malaysia on how we can work more effectively with nations around the world.

"We intend to engage with the OIC. I think it's clear from President Obama's early months in office that the Obama Administration is reaching out to the Islamic world. But we want to try to find as many areas of agreement as possible and narrow the areas of disagreement."

The Obama Administration looked forward to strengthening its relationship with Southeast Asia.

Clinton visited the region on her first trip overseas as Secretary of State, and she promised to return this summer (July) for the Asean Post-Ministerial Conference and the Asean Regional Forum meetings.

-- BERNAMA

Troubled Myanmar

By Joe Fleishman

May 18, 2009

Myanmar authorities decided to trial their democratic leader Suu kyi raising concern all over the world. But Myanmar however has little to worry, they have seen these sorts of reaction but nothing was happened at the end. So this time there is nothing additional is threatening them.

Myanmar government is the world´s longest military regime. General public in that country is always afraid to their ruler. Their rule is also very strict. Particularly, in case of foreign relation or foreigner relation. A foreigner cannot stay at night in local´s residence. This is the case what exactly Suu Kyi is facing. Probably this awesome rule is just to keep foreigners apart from their country to collect their news.

Myanmar is generally isolated from many countries. But their main collaboration is with the communist China which has overwhelming supports on them. Moreover ASIAN nations are finding no reason to boycott them. So they are remaining stick together.

As the military rulers are managed to stay in power for many decades country´s development is doomed. They are the only refugee exporters in the whole South East Asia. Extreme poverty, less job opportunity, hunger and hoping for a better life, many Myanmar citizens flee the country towards any other nation in the world.

Thailand was captured boatful of Myanmar refugees in their coast line. In many cases Thai authorities did not wait and simply pushed them into the open ocean without food and water. After several of such incidence only one person is rescued in Malaysia. The rescued man said they have two branches. One is for north and other is for south. In north Bangladesh is a very preferred place for many Myanmar people. Particularly in northern region Rehinga´s speaks Bangla –the language of Bangladesh and like Bangladeshi people they are Muslim as well. So Bangladesh is a very good place for them.

Southern bound group is their other branch. This group´s target is little far, Thailand and if possible then Malaysia. Only few occasion people can reach from Myanmar to Malaysia. Most of them were drowned or died without food and water in the middle of the ocean. Still they continue to take the risk.

In 1991 a huge wave of refugees enters into the Bangladesh. That was annoyed the Bangladesh government. Nearly two million Myanmar refugees entered the country and both the nations were hooked on state of war. Long negotiation was able to reduce the tension for that moment. But the conflict is not over yet.

Newly formed refugee crisis is mounting pressure on critically balanced peace talks in the region. It can break at anytime. Already Bangladesh government has increased military settlement near the Myanmar border. Failing to cross the border Myanmar refugees are now choosing safety at dark night. Their border with Bangladesh is not a flat land. It is mountainous region which is full of intense forest. May be Bangladesh military is not there in the jangle but more deadly animals like poisonous King Cobra and leopards are the common visitor in there. These people are risking their life in all out to reach any country except their own.

6 New Born Babies released from Detention Centre

UNHCR staff celebrate release of babies from detention in Malaysia

KUALA LUMPUR, Malaysia, March 23 (UNHCR) – The office of the UN refugee agency in Kuala Lumpur was abuzz with excitement as staff awaited the arrival of their guests of honour. Soon they arrived – six babies aged between 30 and 40 days – after being released on Thursday from an immigration detention facility.

The tiny tots slept in their mothers’ arms, oblivious to the excitement around them as families reunited and UNHCR staff hurried to process paperwork. The group looked tired, but their elation and relief was apparent.

The babies were among a group of 25 persons of concern, who were released into UNHCR custody by Malaysian authorities. They and their relatives – all from Myanmar – had been arrested and held for up to four weeks for not having valid immigration documents.

The Malaysian Immigration Act does not distinguish between a refugee and an immigrant, thus refugees and asylum seekers are sometimes arrested and detained in the immigration holding facility.

“We are grateful to the Malaysian authorities for this humanitarian act of releasing these babies and their parents from the immigration detention,” said Volker Türk, UNHCR representative in Malaysia. “Refugees are a group of people with special protection needs and UNHCR provides this for them. We are happy that they have been released back into our care. Our immediate concern now is for the health and welfare of the newborn babies and their mothers.”

The adults were relieved to be out of custody and under the protection of UNHCR. Some were hungry. “Can we have some food, please?,” asked one woman, adding that she had been so excited at the prospect of freedom that she had given her lunch to another detainee in the immigration facility.

Others were worried about health issues. Min Thlang, an asylum seeker from Myanmar, said her 40-day-old son, Simon, had kidney problems. “Because I was detained, I have missed two appointments with the hospital where they were going to give my baby medication,” she said, adding that she had been told her boy would need a kidney transplant but was too young for the operation now.

“We were in detention for a few weeks and my baby’s health has deteriorated,” said Min Thlang. “Although I am happy that I have been released, my heart is full of worries for my baby’s future and for my husband who is still in detention.”

Khim Mung was also worried about the health of her child, 40-day-old Robert. The asylum seeker from Myanmar said her body hadn’t been producing sufficient milk for Robert because she had not been taking enough nutrition while in detention. She shrugged at queries about her post-natal health conditions.

“I want to take Robert to the hospital right now,” she said, impatient to leave. “I am very, very happy to be released and now I need to take care of family again.”

Rahimah Bee, a Muslim from Myanmar, wept as the celebrations swirled round her baby and husband at the UNHCR office. “These are tears of joy,” she reassured staff. “I was held for 16 days and it was the hardest experience of my life. I am so grateful that I am released. That is why I am crying.”

Rahimah said that for her, the hardest part about being in detention was that she could not decide how to use her time. Detainees had to observe timetables set by the detention centre, even when it was inconvenient for them and their babies.

“Even when my baby was feeding or sleeping, if it was time to queue for head count, then I had to get up,” said Rahimah, who was looking forward to a bath and a sleep.

As of January this year, there were some 43,000 persons of concern registered with UNHCR in Malaysia, including some 27,000 from ethnic minority groups in Myanmar. Many live close to illegal immigrants, which makes them vulnerable during government crackdowns on illegal immigrants.

By Yante Ismail

in Kuala Lumpur, Malaysia

Government uses RELA force on migrant workers

(New York, May 9, 2007) – The Malaysian government should immediately take steps to dissolve the People’s Volunteer Corps (Ikatan Relawan Rakyat or RELA), responsible for numerous cases of illegal detentions, unlawful use of force, and extortion, Human Rights Watch said today.

The Malaysian government has authorized almost half a million RELA volunteers to help maintain public order, primarily through the apprehension of undocumented migrant workers, most of whom come to Malaysia to augment Malaysia’s insufficient labor force. In carrying out their duties, RELA volunteers often employ unnecessary force and illegal policing practices. Fully uniformed, armed, and unaccompanied by police or immigration officers, they break into migrant lodgings in the middle of the night without warrants, brutalize inhabitants, extort money, and confiscate cell phones, clothing, jewelry, and household goods, before handcuffing migrants and transporting them to detention camps for “illegal immigrants.”

“The government has set up what’s little more than a vigilante force to target foreigners,” said Brad Adams, Asia director at Human Rights Watch. “Given RELA’s repeated abuses, it should be disbanded right away.”

RELA members have failed to distinguish or deliberately ignored the distinctions between undocumented immigrants, and refugees and asylum seekers. At other times, volunteers have refused to recognize a worker’s legitimate immigration status. In an effort to legitimatize their own behavior, the volunteers have been known to deliberately destroy identification cards proving a worker’s right to be in Malaysia.

There have been many examples of unlawful behavior by RELA. Cases from 2007 include:

- On April 5, RELA members arrested some 20 Burmese refugees and asylum seekers at a market in downtown Kuala Lumpur. At least five had been recognized as refugees by the office of the United Nations High Commissioner for Refugees (UNHCR).

In late March, eight members of a RELA team removed belongings amounting to RM 1,800 (approximately US$525) from one dwelling. After police ascertained that at least two of those implicated had stolen before, the full team was detained on robbery charges.

- On March 8, a RELA officer detained an Indian immigrant with identification certifying his legal status. It took four days for the worker’s employer to obtain his release from a detention camp for illegal immigrants.

- On March 6 and 7, RELA volunteers, who had come to Kampung Berembang, a village near Kuala Lumpur, supposedly to hand out flyers related to court orders, instead helped a developer evict 50 families and tear down their houses. Several villagers were arrested. The demolition went ahead despite an injunction to desist until a scheduled hearing was held. By helping the developers, RELA volunteers engaged in activities – some were spotted operating bulldozers – well beyond their mandate. In addition, they used excessive force while doing so.

- On March 2, at 2:30 a.m., 10 RELA volunteers raided a factory in Jenjarom, Selangor state, injuring two Nepalese workers and detaining eight others.

- On January 28, a RELA raid in Kampung Sungai Merab, Denkil, resulted in the arbitrary arrest of 14 persons recognized by UNHCR as refugees.

“The Malaysian government fans xenophobia through its use of RELA,” said Adams. “By targeting all foreign migrants, Malaysia undermines its espoused pan-Asian ethic.”

According to the 2005 amendment to Malaysia’s Essential Regulations, part of Malaysia’s security legislation, RELA is allowed to arrest an individual or enter and search any premises, public or private, without a search or arrest warrant. The amendment also gives RELA volunteers the right to bear and use firearms, and to demand documents. All that is necessary is authorization to conduct a raid from certain RELA officials, including the director general and deputy director general of RELA and other RELA officers appointed by the home affairs minister.

The 2005 amendment also gives effective legal immunity to RELA volunteers. Regulation 16 of the act states: “The Public Protection Authorities Act 1948 shall apply to any action, suit, prosecution or proceedings against ... RELA ... or any member ... in respect of any act, neglect or default done or committed by him in good faith or any omission omitted by him in good faith, in such capacity.”

In response to publicized abuses in April 2007, RELA headquarters issued a circular announcing that a raiding team leader would be responsible for conducting body searches on force members before and after raids to ensure they were abiding by the law. To make sure that volunteers do not steal or plant evidence, the team leader is instructed to check that volunteers are not carrying cell phones or weapons and only a limited amount of money. RELA officials have also responded to complaints by announcing new training procedures.

“RELA’s behavior has embarrassed the government into announcing some minor reforms,” said Adams. “But tinkering with raiding procedures or upgrading training will not get to the fundamental issue, which is that RELA should be disbanded. Malaysia has plenty of professional law enforcement bodies.”

According to Malaysia’s Home Ministry, the role of RELA, which dates back to 1972, is “to help maintain security in the country and the well-being of the people.” It is used as the eyes and ears of the government, to collect information for government agencies such as the police, customs, and immigration on threats to security, to do security patrolling to prevent crime, and, when necessary, to carry out citizens’ arrests. The 2005 amendment ceded more power to RELA by permitting it, “where it has reasonable belief that any person is a terrorist, undesirable person, illegal immigrant or an occupier, to stop that person in order to make all such inquiries or to require the production of all such documents or other things as the competent authority may consider necessary.”

RELA's "catch a migrant and get paid for it" policy must end

PROFESSIONAL LAW ENFORCERSMUST REPLACE VOLUNTEERS

22 January 2007 - Migrants are human beings and should not be treated as stray dogs, and the policy and practice of paying members of the People?s Volunteer Corps (RELA) RM80-00 for each undocumented migrant must be stopped (Star, Monday January 23, 2006). Now RELA is also asking for allowance of RM24.20 for lower ranking members and RM34.20 for officers given to those participating in trainings and courses could be extended for operations (Star, Wednesday December 27, 2006 - RELA seeks allowance for staff during ops).

Syed Shahir, President MTUC during his opening speech at the MTUC/ILO Follow up Workshop on Migrant Workers in Malaysia held on 4-6 December 2006 said that this practice of using these ?uniformed part-timers who have some policing powers, who were offered and did receive cash rewards for each migrant arrested as an economic incentive and this was most disturbing and embarrassing.? He also went on to say that it was sad that Home Affairs Minister Datuk Seri Radzi Sheikh Ahmad was reported to have said RELA members would be again roped in for the planned crackdown on undocumented workers in 2007(Star, 14/10/2006).

MCA Public Services and Complaints Department head Datuk Michael Chong claimed that the reward offered had made RELA volunteers desperate to nab as many illegals as possible. He said this when handing over RM,2,400-00, being donations, collected by residents of Old Klang Road?s 4th mile area, to the widows, both of whom had two young children. Their husbands, Ahmad Apik, 35, and Edy Sathurrohman, 26, both Indonesians, drowned allegedly after jumping into the Klang river while trying to evade the RELA personnel. Let?s not forget the words of Michael Chong :? ?These people may be illegals [undocumented], but they are still human beings,? (Star, Monday January 23, 2006). A wife loses her husband and 2 children lost their fathers, and RM1,200-00 in donations is a far cry from justice.

Its was reported that RELA arrested a total of 17,700 people believed to be illegal immigrants and screened 94,010 people up to September 2006. Out of that 17,700, Indonesians comprised the highest number of those arrested at 12,076, followed by those from Myanmar (2,089), Indians (963), Bangladeshis (923), Thais (402), Chinese (43) and others (1,200). (Star, Friday, September 29, 2006 -RELA arrests 17,700 suspected illegals)

What must be noted is that 94,010 people (or 76,310) persons were unnecessarily subjected to the uncomfortable experience of being screened. An by screening, if this meant squatting in sun waiting as what happened to some 1,500 who had to squat waiting at the Sepang District Council compound to have their particulars checked during one of the Ops Tegas (see picture in Star, Monday July 31, 2006), then this was an unnecessary violation of rights.

Reports of late has also shown that many documented migrants have been unnecessarily arrested and been forced to spend time at detention centers, and also worth noting is that the 17,700 are only ?believed to be illegal immigrants?, for many could really be documented workers, unnecessarily arrested sometimes because employers are holding on to the passports and identity cards.

Its was reported that RELA arrested a total of 17,700 people believed to be illegal immigrants and screened 94,010 people up to September 2006. Out of that 17,700, Indonesians comprised the highest number of those arrested at 12,076, followed by those from Myanmar (2,089), Indians (963), Bangladeshis (923), Thais (402), Chinese (43) and others (1,200). (Star,
Friday, September 29, 2006 -RELA arrests 17,700 suspected illegals)

17,200 MIGRANTS BUT ONLY 4 EMPLOYER ARRESTED?

Interestingly, it is reported that during the same period only 4 employers were arrested. Surely all these 17,700 ?believed to be illegal immigrants? were not just in the employ or in the premises of just 4 employers. I believe that it is those that employ undocumented migrants are the ones who are responsible for the increasing number of undocumented migrants coming into our country. The other people responsible are unscrupulous and/or ?false? agents, and those who have facilitated the smuggling of persons into the country. Sadly, it seems that RELA and the other authorities have not acted against these other persons, safe for the undocumented migrants.

Last year, we also heard how some errant employer of undocumented migrants even got away with not paying wages to these workers just by reason of they being undocumented. Actions against errant employers must be increased ? and if the employer is a company, then action must be taken against all Directors and also majority share-holders.

Alleged employers of undocumented migrants must also be immediately investigated, arrested, and charged just the same as what have been done with those believed to be illegal migrants. What the special treatment for employers. Only 4 employers been arrested last year is shocking ? and I hope that it is not just those ?small-time-employers? with little or no political connections only but also some of big ones as well.

OVERCROWDED DETENTION CENTERS

Malaysia has been arresting allegedly undocumented migrants with great eagerness, and it was reported in late September 2006 ?that the number of illegal immigrants in detention centres nationwide is expected to reach critical stage by January next year. Home Affairs Minister Datuk Seri Radzi Sheikh Ahmad said: ?There are about 7,467 illegal immigrants detained in 15 centres around the country and based on the progression of arrests made by RELA, we are expected to face a crisis for space by January. One of the biggest centers like the Semenyih Immigration Detention centre can only take in a maximum of 1,500 detainees while smaller ones can only accommodate up to a maximum of 500 people. (Star, Saturday September 30, 2006 -Number of illegals set to reach critical stage).It is January 2007 now, and one wonders whether Detention Centres are overcrowded now.

This is yet another reason why Malaysia needs to seriously review its strategy and policies concerning undocumented migrants. Clearly, mass arrests and deportations have not been working ? and maybe we need to look at targeting employers that are providing employment, persons who are smuggling persons into the country and also maybe we should move towards a ?come, find a job and self-registration? strategy. We cannot deny that Malaysia needs migrants.

But more importantly, what is most crucial at this stage is to immediately put an end to Malaysia?s usage volunteer ?vigilantes? in the crackdown on undocumented migrants for there are just too many incidences involving the RELA that is bringing shame to the nation and its people.

ESSENTIAL (IKATAN RELAWAN RAKYAT) (AMENDMENT) REGULATIONS 2005

The powers of 70,000 strong RELA was expanded in early 2005 when the Essential (Ikatan RELAwan Rakyat) (Amendment) Regulations 2005, which came into operation on 1 February 2005. What was being amended was a Essential (Ikatan RELAwan Rakyat) Regulations 1966 [P.U. 33/1966], which is a Regulations that came into being by virtue of powers provided for in Emergency (Essential Powers) Act, 1964 (30/64) (now the Emergency (Essential Powers) Act 1979).

Section 6 of the Emergency (Essential Powers) Act 1979, stated :- ?For so long as the Proclamation of Emergency referred to in the preamble to this Act remains in force, the regulations made under the Emergency (Essential Powers) Act, 1964 (30/64) (except those regulations which the Yang di-Pertuan Agong may by notification in the Gazette declare not to be in force) shall be in force and shall have effect as if they have been made under this Act; and the regulations may be amended, modified or repealed as if they have been made under this Act.?.

Now, given the fact the Essential (Ikatan RELAwan Rakyat) Regulations 1966 has now been amended Essential (Ikatan RELAwan Rakyat) (Amendment) Regulations 2005, it settles once again that the Proclamation of Emergency issued by the Yang di-Pertuan Agong on 15 May 1969 is still in force. Malaysia is still under a state of Emergency, and this is ludicrous.

The 2005 amendment to the 1966 Regulations now expressly allows a RELA member ?where it has reasonable belief that any person is a terrorist, undesirable person, illegal immigrant or an occupier, to stop the person in order to make all such inquiries or to require the production of all such documents or other things as the competent authority may consider necessary?. It also permits the RELA to arrest without a warrant, may without a warrant and with or without assistance [of the police or immigration officers] enter and search any premises and also stop and search any vessel, vehicle or person, whether in a public place or not. The powers stated in this paragraph is exercisable if there is written authorization from a competent authority, who is defined as being the Director General(Ketua Pengarah), Deputy Director General(Timbalan Ketua Pengarah) and such other officers of the Ikatan RELAwan Rakyat as appointed by the Home Affairs Minister.

What is even interesting is that the 2005 amendments also provides for protection to these RELA volunteers whereby regulation 16 of the 2005 Amending Regulations clearly states : ?The Public Authorities Protection Act 1948 shall apply to any action, suit, prosecution or proceedings against the Ketua Pengarah Ikatan RELAwan Rakyat, Timbalan Ketua Pengarah Ikatan RELAwan Rakyat or any member of the Ikatan RELAwan Rakyat in respect of any act, neglect or default done or committed by him in good faith or any omission omitted by him in good faith, in such capacity.".

A POSSE OF VOLUNTEERS WITHOUT A SHERIFF

What is disturbing is that the arms-bearing RELA members can go out stop, search, enter premises and arrest persons on their own without even the police or an immigration enforcement officer, and this is just not right and may lead to abuse of powers. There must be at least a professional enforcer of the law, be it a police or immigration personnel that accompanies these volunteers ?vigilantes?. ?as they go out there performing their ?duties? The government?s possible justification in using RELA is that they do not have enough immigration and police personnel to deal with hundreds of thousands of undocumented migrants in Malaysia ? but surely it is very unsafe to send normal volunteers without any leadership and on-site guidance of at least one police or immigration personnel.

We are a civilized nation, and we have an appointed government who have appointed and trained professional law enforcers ? and if there is inadequate law enforcers, then the proper thing to do is to appoint more police and immigration enforcement officers ? not just go out and try to get volunteers with arms to enforce the law.

If cash incentives were also given to the police and immigration enforcement officers, like what is apparently done for the RELA members, I am sure that they too will be more efficient in the performance of their duties.

RELA ACTIONS IS CREATING A BAD NAME FOR MALAYSIA

It may be true that the RELA has been effective in arresting about 19,000 foreigners since February 2005 until October 2006, but at the same time it has visited injustices to so many more persons ? Malaysians, documented migrants and others. A sampling of RELA behaviour can be seen from facts that have been taken from media reports, as follows:

* A landscape company spent six harrowing days trying to get its legal foreign workers out of a detention camp. The six foreign workers, all with legal travel and work documents, were whisked out of their quarters in a resort in Cherating in the wee hours of the morning on Dec 28 last year when RELA members ?literally broke into their chalet and ordered them out.? (Star, Friday January 12, 2007).

* Five factories near here [Klang] alleged that at 1.30am on Saturday, a team of 30 to 40 RELA members (half not in uniforms) turned up to look for foreign workers, assaulted some and allegedly stole cash and valuables during the raid. The companies, who lodged police reports, said that all the workers had legal work permits. The workers of Latitude Tree Furniture Sdn Bhd claimed that RELA members had beaten them with canes and iron rods, leaving welts on their bodies. Two Bangladeshi workers sustained head injuries and were given outpatient treatment. The companies were not happy with the method used to search the premises and also said that ?Detaining the workers is not a proper thing to do as it only disrupts operations of all our factories,?. They also said ??that such raids put fear in our workers and furthermore our workers claimed to have lost hand phones and cash after the raids.? (Star, Monday December 4, 2006 - Firms hit out at RELA raids)

* Residents of about 10 households in Taman Anggerik, Cheras, Kuala Lumpur, complained that RELA personnel crashed into their homes after breaking door locks and smashing gates, and told them that they [RELA] were looking for illegal workers. The residents said the RELA personnel acted like gangsters and showed them no respect. When they asked the RELA personnel to explain why they crashed into their homes, they were told ?we are the law.? Cash totaling RM3,756 in a drawer was subsequently found missing. (Star, Tuesday October 17, 2006 - RELA men break locks to enter houses)

* 22 workers of an IT company were beaten and made to do a 50m ?duck-walk? at Section 30 in Shah Alam, RELA director-general Datuk Mahadi Arshad subsequently claimed that it was not a RELA operation, while stating that only 3 out of the 10 involved were RELA members. (Star, Thursday February 16, 2006 -?Duck-walk? incident not a RELA operation)

TIME TO DISBAND RELA OR GIVE THEM MORE APPROPRIATE DUTIES

In light of what we know has been happening when the volunteer RELA force, with powers exceeding normal powers that our police even have, have been let loosed in the general community, it is time now to review the usage of RELA and also the powers that have been bestowed on them. There have been too many abuses and complaints which have got into the media which includes assault (and also deaths), property damage, trespass, invasion of privacy and even theft ? and it has involved not just the undocumented migrants, but also documented migrants and even Malaysian citizens. Enough is enough.

The RELA must be rounded-up and rested, and the professional police force and other professional enforcement forces must take over the role of policing Malaysia.

In fact, that Essential (Ikatan RELAwan Rakyat) Regulations 1966 [P.U. 33/1966] must be repealed. If need be, a new law must be enacted for RELA ? one that will re-define their role and duties focusing more possibly towards providing protection to Malaysians and trying to overcome the increasing incidences of snatch thiefs crimes and corruption in the country. RELA should maybe focus their attention to fighting corruption involving the police, other public officers, town councilors and elected representatives.

There is no situation now in Malaysia that can justify us still being under Emergency. It is time for the present government and the Yang Di-Pertuan Agong to revoke all existing proclamations of Emergency, and at the same time cause the repeal of all remaining legislations that have been enacted during periods of Emergency ? whereby one such Act that has to be repealed is the Emergency (Essential Powers) Act 1979.

Charles Hector

22 January 2007, Petaling Jaya

Illegal immigrants: Keep Tabs on RELA and Employers

RELA officers have been actively involved in helping the Immigration authorities detain illegal immigrants. Unfortunately, there have been many complaints of RELA officers abusing their powers during this raid even to the extent of tearing up valid passports and stealing the possessions of the hapless foreigners. This has even been reported by tourists who have entered Malaysia with all the necessary documentation. While these allegations have been denied by the RELA authorities, one tends to wonder why the complaints keep flowing in. It is about time a thorough investigation is made into the matter instead of sweeping the matter under the carpet.
Then there are the cases of employers who are employing illegal immigrants. One hears from the local and international press, that the illegal workers are detained and even deported. The question that baffles me is why the employers are then allowed to carry on their business after paying a fine. Obviously this is not sufficient deterrent to the employers as many of them resume employing illegal immigrants; that includes the deported ones who were previously in their employ.

It is as if the authorities want to perpetuate the cycle of detain-deport-detain because some people tend to benefit from it. I would suggest that the employers’ business license be revoked if the authorities concerned mean business. In order to do this there has to be close work between the relevant government agencies i.e. the Immigration, Human Resources Ministry and the Police .Somehow I don’t see RELA in the picture..

By catherina cherian, on 18-04-2008 09:43

Sunday May 17, 2009

13 detainees discharged, infection said to be contained

GEORGE TOWN: Thirteen detainees from the Juru detention camp for illegal immigrants, who were infected with leptospirosis, have been discharged from the Bukit Mertajam Hospital.

State Health, Welfare, Caring Society and Environment Committee chairman Phee Boon Poh said 22 remained in hospital while another two are at the Seberang Jaya Hospital.

“The people should not panic as the outbreak was only confined to the camp.

Taking a hard look: Bukit Tengah assemblymen Ong Chin Wen (left), Perkampung Juru committee members K. Kasinathan, Chiam and Jordan Lee discussing about the drainage at the Juru detention camp Saturday.

“We believe the problem will peter out in one or two days,” he said.

On Tuesday, a 21-year-old detainee from Myanmar died of the bacterial infection five days after he was admitted to the Bukit Mertajam Hospital.

Phee said the state health department had checked the food, the water sources and the handlers.

“Fumigation and disinfection were carried out at all four blocks of the camp. And we have exterminated wild animals, mostly rodents, in the surrounding area.”

Phee said the outbreak was the result of ignorance, adding that the department had identified the source and had taken preventive measures.

Leptospirosis outbreaks are usually caused by exposure to water contaminated with the urine of infected animals, such as rodents, cattle, pigs, horses, dogs and wild animals.

People become infected through consumption or contact with urine-contaminated water, food or soil. It does not spread from human to human.

Perkampungan Juru Village Security and Development Committee chairman Chiam Teck Owing, 49, said it was high time the camp was relocated. “The nearest residential area is 30m away from the camp. SJK(C) True Light is just behind it.”

In a separate development, a non-government organisation followed up on Penang’s request to offer free medical services to refugees and immigrants at a premises in Love Lane here yesterday.

Northern Migration and Refugees Network representative Melanie Hurlbut said it would work with volunteer doctors to provide the monthly service in various places.

She said her organisation aimed to reach out to Myanmar Rohingya Muslim refugees and other immigrants, adding that it estimated that about 300 refugees and 50 foreign workers turned up yesterday.

13 illegals discharged

PUTRAJAYA: Thirteen of the illegal immigrants from the Juru detention camp who were hospitalised for suspected leptospirosis have been discharged from hospitals in Penang, said the Health Ministry.

Twenty-three still remain hospitalised, its director-general Tan Sri Ismail Merican said in a statement yesterday.

He said that of the 23 remaining cases, 21 were in the Bukit Mertajam Hospital isolation ward and one person was in the intensive care unit (ICU). Another person was in the ICU at the Seberang Prai Hospital and was in a stable condition.

Leptospirosis outbreaks are usually caused by exposure to water contaminated with the urine of infected animals, such as rodents, cattle, pigs, horses, dogs and wild animals.

Well prepared: A Rela member wearing a face mask while guarding one of the illegal immigrant blocks at the Juru detention camp in Bukit Mertajam Sunday.

People become infected through consumption or contact with urine-contaminated water, food or soil.

On May 7, a Myanmar detainee took ill and died five days later of a bacterial infection at the Bukit Mertajam Hospital. Since then 36 others took ill and were hospitalised for treatment.

There are 552 illegal immigrants in the camp comprising 478 males, 72 females and two male children.

The camp and its compound have been fumigated and disinfected.

The camp has also suspended taking in new inmates and no visitors are allowed.

Thursday May 14, 2009

Use refugees for labour needs

DIPLOMATICALLY SPEAKING:By DENNIS IGNATIUS

The predicament of Myanmar refugees in Malaysia has been grabbing international media attention. There are growing calls for the Government to address the issue.

FOR the last several weeks, the international press has been highlighting the sad plight of the more than 80,000 Myanmar refugees in Malaysia.

An explosive report by the United States Senate Foreign Relations Committee that was released recently alleges the involvement of some Malaysian officials in the trafficking of these refugees. The refugees have reportedly been abused and harshly treated by other government agencies, including Rela.

The Government has until now, consistently denied all allegations of mistreatment, abuse or trafficking. The former minister of home affairs rejected these allegations outright.

The allegations themselves are not new. Malaysian and other NGOs have been voicing similar concerns for years. Malaysian print and television media have also featured investigative reports on this issue. Just google ‘Burmese refugees – Malaysia’ and dozens of sites will pop-up.

In need of serious attention: Myanmar refugees participating in a demonstration outside the UNHCR office in Kuala Lumpur in this January file picture.-AP

The UN High Commission for Refugees has also expressed alarm at the treatment of refugees in Malaysia. Anyone who bothers to seek out these hapless refugees, in and around our larger cities, and talk to them, as I have, will be shocked by their stories of harassment, intimidation and abuse.

Of course, there may be some exaggeration involved. Nevertheless, their stories are credible, compelling and distressing, and must be taken seriously. Denial is not an option any longer.

It is to our great shame that we treat people who are fleeing from oppression in such a callous manner. It goes against the norms of decency and violates international conventions on the treatment of refugees. It even flies in the face of our own claim to be “a caring society.”

Pretending that this problem does not exist in the hope that it would go away is not going to work. The issue has now gained international traction.

European and Canadian parliamentarians, together with members of the US Congress, have taken up the cry, as have many respected NGOs.

Even our own parliamentarians are demanding action. We can therefore expect more negative publicity and criticism from abroad. It is going to get very messy unless appropriate action is taken.

Prime Minister Datuk Seri Najib Tun Razak has done the right thing in calling for a thorough investigation. Our Inspector-General of Police Tan Sri Musa Hassan has promised the same. Officials and others who are found to be complicit in these abuses must be brought to book. We have no obligation to defend them or cover up for them.

However, these encouraging statements must now be followed up with a more comprehensive plan of action that should include the following:

First, a policy decision must be made to recognise that legitimate refugees are different from illegal and other economic migrants. The UNHCR already has in place a credible refugee registration system. Malaysian agencies should recognise UNHCR refugee documentation and extend appropriate protection to those who hold them. The harassment of refugees must end immediately.

Second, the Government should henceforth give priority to documented refugees when it comes to recruiting temporary foreign labour. It makes no sense to contract thousands of foreign workers from abroad, and particularly from Myanmar, when we already have a huge pool of unemployed refugees within our borders.

By providing refugees with legal employment, they will be able to live in dignity while awaiting resettlement in third countries.

Third, the Government should acknowledge the work of our NGOs in caring for the refugees despite many limitations, including hostility from some government agencies.

These NGOs are already on the ground and have a good track record. With even modest government assistance, support and encouragement, they can do much to help the refugees.

Fourth, the Government should take the initiative to host an Asean conference on refugees. Resettlement countries, as well as China, should be included.

The objective would be to construct a proper regional framework to prevent the abuse and trafficking of refugees and speed up their resettlement to third countries.

Myanmar’s military rulers must also be persuaded to end their campaign of terror against their own minorities.

There is, of course, the fear that extending humanitarian support to refugees would open the floodgates, so to speak.

The real problem we face, however, is not from genuine refugees but from out of control illegal immigration that is exacerbated by corruption and short-sighted labour recruitment policies. The unfortunate people fleeing from tyranny in Myanmar should not have to suffer because of this.

Najib has a unique opportunity to mend the damage done to our international image and to restore our own self-respect. Bold measures are needed, and needed quickly.

Malaysians, too, can help by reaching out to these refugees with the care and compassion that has always been our hallmark, instead of reacting with fear and suspicion.

In the final analysis, the measure of a country is not the high ideals it claims to possess but the compassion and care it shows to the weak and vulnerable in its midst. Malaysia must rise to this challenge.

Datuk Dennis Ignatius is a 36-year veteran of the Malaysian foreign service. He has served in the United Kingdom, China, the United States, Chile and Argentina. He retired as High Commissioner for Malaysia to Canada in July 2008.

7 Year Old Girl from Myanmar

7 Year Old Girl from Myanmar (Ethnicity : Zoomi)

The journey from Myanmar to Malaysia took 5 days. Lia Neino (not her real name) undertook this journey with her mother and bigger sister. As I was getting the story of the crossing from the mother, i turned to her and asked if she remembers it. Lia nods, and says “I was afraid and I was very hungry. We eat only once a day”.

Lia comes across as a shy little girl. She spoke little, and when she did, more often than not she would be looking down and drawing imaginary circles on the table with her right index finger at the same time. I get glimpses of what she does and likes. She prefers the food here, and likes fish and vegetables. Lia says she prefers it here because she can stay with her dad and the whole family. She has a few friends here – children that she meets every Sunday at church. She says her best friends are Bethany, and Siah Siah, and Jen Jen.

Do you have any friends at home? I enquired. Lia shakes her head. No. Even though they share an apartment with 16 other Myanmarese refugees, none of them are in her age group. She has 1 doll that she plays with, and she watches TV. Her favourite program is “Mr Bean”.

Her mother adds “Sometimes I cut out puzzles, and I teach her how to read and write the Zo language. Sometimes we play snakes and ladders, and sometimes I tell her stories.”

“But I’m bored staying at home. I want to go to Jusco and ride a car,” referring to a shopping complex which has small coin operated cars for children.

She doesn’t get to go out often, because her mother is afraid that they will be arrested. The family went out to the KLCC shopping centre 4 months ago but “police in yellow hats were asking people about their ID and passport. I was so afraid. I heard that RELA will still arrest you even if you have a UNHCR card.” They have not been to a shopping centre since.

When she grows up, Lia wants to be a doctor. “I pity sick people. That’s why I want to give treatment to them”. According to her mother, Lia is not the quiet, shy person in front of me now. “She is very talkative. She is open and frank. The elder sister does what I tell her to, but she is always saying “why are you asking me to do this? She is like me,” the mother says, smiling.

RM80m to keep foreigners in jail for four months

RM80m to keep foreigners in jail for four months (NST)

2007/07/22

RM80m to keep foreigners in jail for four months

By : Aniza Damis

KUALA LUMPUR: We are punishing them for entering the country illegally.

But it is costing us almost RM80 million to keep foreigners in prison for just a few months.

This is because each foreigner who is convicted of Immigration Act offences is sentenced to a few months in prison.

According to Prison Department figures, as of June 25, the number of foreigners in our prisons held for Immigration Act offences stood at 19,041. Of this, 10,089 are in remand. The remainder are serving their sentences.

(If a person is convicted, his time in remand is taken into account in the sentencing.)

The average sentence served is between three and five months.
Based on the department’s 2004 budget estimates, the cost of incarcerating one person in prison for one day is RM35.

Of this, RM3.80 goes towards feeding the prisoner.

If the median stay is four months, this translates into RM4,200 to punish an illegal immigrant for 120 days.

The figure soars when we factor in the 19,041 illegal immigrants currently serving time. The bill comes to RM79.98 million.

Although light sentences would not serve as a deterrent, the fact remains that heavy sentences weigh on our pockets.

The burden is only going to increase as the number of foreigners who enter the country gets bigger every year.

As of June 26 last year, there were only 12,042 foreigners in prison for immigration offences.

This year’s figure reflects a nearly 60 per cent increase in foreign illegals who were convicted.

While this year-on-year comparison may not capture the true nature of the turnover rate of prison populations, it suggests that the overall annual number of illegals convicted may be higher.

Last year, Rela nabbed 25,045 illegal immigrants.

This year, in the first quarter alone, it arrested 9,691 illegals.

Last October, Rela director-general Datuk Zaidun Asmuni estimated that of the 1.8 million migrant workers here, nearly 500,000 might have overstayed, have expired work permits or entered the country illegally.

And, according to the Immigration Department, between last September and April 30, out of the 36,701 visas-on-arrival issued, 20,481 were abused.

The true cost is higher as they make up nearly 40 per cent of the total number of people being detained in the Prison Department’s 47 prisons and other detention centres nationwide.

As of July 6, there were 50,429 people in detention.

Given that these prisons and institutions were designed for an ideal capacity of 38,750, this means an overflow of 11,679 prisoners and detainees.

More than 23,000 are foreigners. In 1995, the number of foreign inmates was just 6,077.

To deal with the problem of overcrowding in prisons, the Eighth and Ninth Malaysia Plans approved 16 new penitentiaries. Construction has begun on six, of which only two will be ready this year.

The parole system, whose bill was supposed to have been tabled in parliament this session, is also meant to alleviate the problem of overcrowding।

Illegal Immigrant Detention Centres Told To Increase Capacity

Illegal Immigrant Detention Centres Told To Increase Capacity

KUALA LUMPUR, July 23 (Bernama) -- All depots and temporary detention camps for illegal immigrants have been told to increase their capacity to accommodate more detainees.

Deputy Prime Minister Datuk Seri Najib Tun Razak said the directive was issued by the Cabinet last week after discussing the issue of worsening over-crowding at these centres.

Najib who was met by reporters at the parliament lobby here Monday, was asked to comment on the disclosure by Immigration Department enforcement director Datuk Ishak Mohamed yesterday that more than 300,000 foreigners were staying in this country illegally or had violated their work permits.

"Therefore, the Cabinet had asked that the detention depots and camps be expanded to accommodate these foreign illegals and other immigration offenders."

He said additional allocations were being provided for the purpose.

Najib added that at the moment it was not possible to mount a massive operation against foreign illegals as there were not enough detention centres to accommodate them before they be repatriated.

-- BERNAMA

Mid-night knocks in Malaysia

Mid-night knocks in Malaysia Indonesian migrant workers are being arrested for improper documentation of their immigration status after a raid by Malaysian authority officers, outside Kuala Lumpur early March 1, 2005. REUTERS/Bazuki Muhammad The mid-night knocks against the undocumented illegal migrants which began following the end of a four-month amnesty on the midnight of 28 February 2005 by the Malaysian government is unlikely to draw attention of the forthcoming 61st session of the United Nations Commission on Human Rights. Though the United Nations adopted the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and appointed the Special Rapporteur of the Commission on Human Rights on the human rights of migrants, the migrant workers largely remain unwanted. The conditions of the undocumented migrant workers are worse.

Under “Operation Tegas”, Malaysian police officers, immigration officials and reserve volunteers have been raiding building sites, plantations and restaurants - all popular work places for illegal migrants. The Malayisan government has reportedly deployed 25,000 frontline personnel in addition to 290,000 officers from the auxiliary police volunteer unit (RELA). They have the power to enter private property such as homes and stop and search members of the public without a warrant. They are also empowered to use fire-arms. Migrant workers and their exploitation: Estimates vary, but it is generally reckoned that there are between two and a half to three million migrant workers in Malaysia. Only one and a half million of them are legal. About 400,000 to 600,000 foreigners have already left following the announcement of three month amnesty from 29 October 2004. The three-month amnesty which was scheduled to end in December 2004 but was delayed until 31 January 2005 as a result of the Asian tsunami. But an estimated 200,000 to 400,000 undocumented workers remain. The foreign workers are engaged in what Shamsuddin Bardin Malaysian Employers Federation Director termed as “three D jobs that Malaysians don't want - dirty, dangerous and difficult.” The exploitation and abuse of the migrant workers both by the employers and the immigrant officials are well-documented. On 28 February 2005, Indonesia’s Labour and Transmigration Minister Fahmi Idris stated that about 100,000 Indonesian illegal migrant workers who have not been paid wages are refusing to return home even in the face of an imminent crackdown. Most of those affected are domestic helpers while the rest are working in plantations, construction sites and factories. In early February 2005, the Indonesian embassy in Kuala Lumpur reportedly hired five lawyers to sue the employers who have been taking advantage of the amnesty to withhold the workers’ wages. However, the action was withdrawn later after a meeting between Indonesian President Susilo Bambang Yudhoyono and Prime Minister Abdullah Ahmad Badawi. Wrong prescriptions: The crackdown is unlikely to address the problem of illegal migrants in Malaysia. The country needs foreign workers who contributed to the development of Malaysia as a successful economy. Around 11% of the workforce of Malaysia are foreigners. As rightly stated by a coalition of Joint NGO Committee of Malaysia, the crackdown only targets undocumented migrant workers and not employers or recruiting agents. Therefore, it does not address the primary concern - the willingness of many Malaysian employers to break the law and take on foreign staff without work permits. The unwilingness of the Malaysian government to take action against those who employ without work permits facilitates exploitation and abuse at work places, non-payment of wages as highlighted by Indonesia’s Labour and Transmigration Minister Fahmi Idris and insufficient wages for survival. Many undocumented migrants are held as bonded labourers or sex slaves. Malaysia has failed to take measures to reduce the number of undocumented migrant workers. Many employers, especially the contractors in the construction industry, in the small and medium industries and employers of domestic workers do not renew the work permits and thus the labourers become undocumented. If workers, especially domestic workers decide to run away to escape from abuse and violence have their work permits cancelled and thus become undocumented. The Immigration Department refuses to issue legal documents to migrants with pending court cases. The workers are only issued special passes for a maximum of three months, though it takes at least six months to settle a case through the court process. During the period of hearing, they are not allowed to have new work permit and remain under threat of arrest and imprisonment. They too become undocumented migrants. As stated in our previous ACHR REVIEW, “undocumented persons in Malaysia irrespective of whether they are alleged illegal migrant workers or asylum seekers can face up to a five-year jail sentence, a RM10,000 (US$2,600) fine and six strokes of the cane under the Immigration Act, which was amended in 2002”. The Immigration Act also allows indefinite detention pending deportation. About 75% of the prisoners in Malaysia are foreigners. About 18,000 illegal migrant workers were whipped in 2003 and about 60,000 lashes given to the migrant workers. Another 16,000 undocumented workers are waiting to be whipped. The “Operation Tegas” also fails to take into consideration the requirements of the vulnerable groups such as refugees, asylum seekers and victims of trafficking. On 1 February 2005, sixty-two Indonesians, including 27 from Aceh, were rounded up in a pre-dawn raid on a construction site south of Kuala Lumpur and were being held in Semenyih detention center. Many of the Acehnese were prevented from approaching the Office of the United Nations High Commissioner for Refugees as Malaysian police arrest them as illegal migrants. The government failed to live up to its promise of granting legal status to the Rohingya refugees from Myanmar. Such mass deportation also facilitates trafficking and violence including rape of the women. The measures adopted by Malaysia against its officials are also draconian. Malaysian police have arrested a number of government officials on suspicion of selling residency permits to criminals involved in trafficking. The civil servants are being held under terrorism laws that allow indefinite detention without trial or charge. The use of anti-terror laws once again shows the lack of rule of law and due process of law. Conclusion: According to news reports, out of seventeen employers who have been arrested for hiring undocumented workers, only two employers have been fined. It appears that Malaysian government seeks to punish those who are vulnerable to trafficking and thus end up being undocumented/illegal because of extreme poverty and persecution at home. Ultimately, unless the Malaysian companies/agents who are engaged are equally punished for employing alleged illegal workers, the exodus of illegal migrants and their exploitation are unlikely to end. The response of the Malaysian government appears to address the concerns of the Bhumiputras, the majority Malays who have been given economic privileges under New Economic Policy to help them win a more proportionate share of the economy. As the Bhumiputras failed, the migrant workers are the new scapegoats. Now the RELA of the Bhumiputras has been given the power to use fire-arms without any training on the use of fire-arms while hunting the alleged undocumented migrants. But the rule of law and due process of law have always been alien to Malaysia under former Prime Minister Mahatir and it has changed little under the regime of Prime Minister Badawi. If the experience of mass deportation of March 2002 is any indication, flagrant human rights abuses are likely to be widely committed. International community especially the Office of the High Commissioner for Human Rights, United Nations High Commissioner for Refugees and the concerned governments such as Indonesia, Philippines, Bangladesh, India etc must ensure that deportation is undertaken in a humane way with full respect for human rights and fundamental freedoms and that Malaysia provides consular access in accordance with the Vienna Convention on Consular Relations pertaining to those who are taken into custody.