There are more than 1.5 million migrant workers, asylum-seekers and refugees in Malaysia. Many migrants are irregular, that is, they lack the legal permission or documentation to remain in the country. The Malaysian government regularly announces that it will expel so-called “illegal immigrants”, despite industries’ need for cheap, low-skilled labour. With its buoyant economy and high demand for low-wage labour, Malaysia is a common destination for migrants from neighbouring states such as Indonesia, Bangladesh and India. Malaysia also has a large refugee and asylum-seeker population, with many refugees from Myanmar. As with some other Asian countries, Malaysia has failed to ratify the 1951 UN Refugee Convention and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
In 1972, a “State of Emergency” prompted the Malaysian government to establish Rela, the People’s volunteer corps, to “help maintain security in the country and the well-being of its people”. In 2005, Rela’s powers were increased, giving them the right to stop, question and arrest – without a warrant – anyone “reasonably believed” to be a terrorist, an undesirable person or “illegal immigrant”. Rela can also conduct raids without supervision or permission from immigration authorities. Civil society groups describe Rela as a vigilante group and criticize them for abusing their power and violating the rights of migrants and refugees. Rela receive little training, no security checks are carried out on members and there is no mechanism to hold them accountable for breaches of law or abuses of power. Prior to 2005, Rela was merely a body that was involved in community welfare and humanitarian relief and assistance work.
Amnesty International has documented human rights abuses by police and security forces, including unlawful killings, torture or other ill-treatment in police lock-ups, and deaths in custody. Unsurprisingly, Rela, as a quasi-security force, has similarly been accused of excessive use of force and abuse of the human rights of migrants and refugees. Rela officials have reportedly punched and kicked migrants and destroyed their property during raids. Rela often fail to properly check immigration documentation, or simply destroy identity documents and authorization letters from employers. Many arrests are arbitrary. Following Rela raids, irregular migrants, refugees and asylum -seekers are sent to immigration detention camps. Malaysia has at least six detention camps throughout the country which frequently fail to comply with UN minimum standards for prisoners’ hygiene, medical care and discipline. Mass arrests lead to severe overcrowding. Other concerns are poor hygiene and sanitation, lack of medical services, inadequate nutrition and physical abuse. From detention camps, migrants, refugees and asylum-seekers are at risk of forcible return to countries where they may face human rights violations.
International customary law and the principle of non-refoulement prohibit the forcible return of any individual to countries where they may face torture and other ill-treatment.
In 1972, a “State of Emergency” prompted the Malaysian government to establish Rela, the People’s volunteer corps, to “help maintain security in the country and the well-being of its people”. In 2005, Rela’s powers were increased, giving them the right to stop, question and arrest – without a warrant – anyone “reasonably believed” to be a terrorist, an undesirable person or “illegal immigrant”. Rela can also conduct raids without supervision or permission from immigration authorities. Civil society groups describe Rela as a vigilante group and criticize them for abusing their power and violating the rights of migrants and refugees. Rela receive little training, no security checks are carried out on members and there is no mechanism to hold them accountable for breaches of law or abuses of power. Prior to 2005, Rela was merely a body that was involved in community welfare and humanitarian relief and assistance work.
Amnesty International has documented human rights abuses by police and security forces, including unlawful killings, torture or other ill-treatment in police lock-ups, and deaths in custody. Unsurprisingly, Rela, as a quasi-security force, has similarly been accused of excessive use of force and abuse of the human rights of migrants and refugees. Rela officials have reportedly punched and kicked migrants and destroyed their property during raids. Rela often fail to properly check immigration documentation, or simply destroy identity documents and authorization letters from employers. Many arrests are arbitrary. Following Rela raids, irregular migrants, refugees and asylum -seekers are sent to immigration detention camps. Malaysia has at least six detention camps throughout the country which frequently fail to comply with UN minimum standards for prisoners’ hygiene, medical care and discipline. Mass arrests lead to severe overcrowding. Other concerns are poor hygiene and sanitation, lack of medical services, inadequate nutrition and physical abuse. From detention camps, migrants, refugees and asylum-seekers are at risk of forcible return to countries where they may face human rights violations.
International customary law and the principle of non-refoulement prohibit the forcible return of any individual to countries where they may face torture and other ill-treatment.
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