Malaysia

URGENT ACTION ALERT

 

STOP THE UNJUST AND INHUMAN

ARRESTS AND DETENTION OF REFUGEES

 

Women and children refugees are leaving their homes and moving deeper and deeper into the jungles to escape arrest and detention by RELA and the Immigration authorities.  Gripped with fear and uncertainty, hundreds of refugees face the risk of lack of food and of diseases in the jungles.

 

During the last few weeks, the Malaysian government has stepped up intensive raids, especially in areas which have a high density of refugees and asylum seekers.  These raids are well planned and organized.  They happen during the day, in the wee hours of the morning or very late at night, when the authorities are certain that the refugees will be indoors or returning from work.

 

The raids often take place for several hours at a time. During the arrests, refugees run for their lives leading many to face injuries as a result of falls or accidents. Many flee their homes, with babies and little children in tow, leaving behind all their belongings, running for refuge in whatever form that may be. To be constantly vigilant and on the move is a persistent reality they face when running from being unjustly detained.

 

Reports from community members who have managed to escape arrests say that even children, whose parents may not be around at the time of the raid, are arrested. Upon arrests, the refugees are then placed in Immigration Detention Camps. The camps are already packed with refugees and undocumented migrants, thus the influx of arrests in these past few weeks could only lead to an increase in over-crowding and further deterioration of the conditions in the camp.

 

Children have also been separated from their parents, particularly if the child is arrested without his or her mother. As one Rohingya woman shared, her 2-year old son is now in a detention camp, as he and his father were arrested during a particular raid.  We are particularly concerned over the detention of infants and young children without their mothers as they tend to be uncared for particularly in regards to the special needs of infants and children.  The refugee parents are concerned that they may never get their children back.

 

After the arrests, refugees are kept in overcrowded immigration detention centres. The majority of them are then charged under the Immigration Act for being an illegal immigrant in the country. The detained refugee is then sentenced to imprisonment and many of them have been caned or whipped. There was even a case of a 15 year old boy who was whipped as part of the sentence.

 

The root cause of the problem is that the Malaysian government has refused to recognize refugees and asylum seekers.  Malaysia has not signed the Convention on Refugees.  Consequently their status in Malaysia is the same as an “illegal” immigrant or undocumented worker.

 

After their sentence, the refugees are deported to the Thailand-Malaysia border. Ex-detainees have shared how, many make a payment in order to be released quicker. If they are unable to pay, either in the detention camp or at the border, they face a strong risk of being sold to traffickers, or are forced to work without pay, usually on fishing trawlers.  There is a growing concern that such raids may increase the trafficking of refugees as bonded workers.

 

The recent raid on the Zomi organization is of grave concern for the refugee community and organizations working with refugees. The refugees have also organized, through their own initiative, their own support and care groups to sustain themselves and help each other. Is this the beginning signs of organized arrests of community leaders and the dismantling of service-centred organizations? 

 

Due to the ongoing raids, it is becoming more and more difficult for humanitarian support to continue as refugees are not able to participate in programs. They become invisible and difficult to reach and thus become increasingly vulnerable.

 

Refugees and asylum seekers must be recognized and given a special status with the right to stay and work.  Basic fundamental rights with humanitarian principles must form the basis and approach to manage the refugee issues and concerns in Malaysia.   The Malaysian government has ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC).  Yet, the State continues to violate the rights of women and children and justify the discriminatory practices against refugees.  It is therefore important that you express your protest on the inhumane treatment and unjust arrests of refugees and asylum seekers.

 

We call on you to write letters of concern to the Malaysian authorities expressing your protest and concern and calling on the government, the international community and the UNHCR to ensure refugees are recognized, their fundamental rights accorded and the unjust arrests of refugees be stopped immediately.  The Malaysian government is a member of the Human Rights Council and thus must use the human rights approach to protect and care for the refugee population in the country.

 

 

Yours sincerely,

Dr. Irene Fernandez

Director

Tenaganita

 

 

NOTE:  §         Please pass this Action Alert to friends and organizations so that these expressions of concern and protests will grow from strength to strength. §         Please send your personal letters of concern to the individuals and organizations listed below. To help you, we’ve attached herewith a sample letter of concern.

SAMPLE LETTER OF CONCERN:

Datuk Seri Syed Hamid Albar
Minister of Internal Security and Home Affairs
Level 12, Block D1, Parcel D
Federal Government Administrative Centre
62546 Putrajaya, Malaysia

Dear Datuk Seri Syed Hamid Albar,

I am writing to you because I am deeply concerned over the continuing raids, arrests and detention by RELA and Immigration authorities of refugees, particularly from Burma, which is in intense political conflict.

The refugee children, women and men have fled their country to save their lives from persecution and from being killed. Therefore, it is imperative that the refugees be given protection and support. The deportation of detained refugees will only further threaten their lives, lead to trafficking into bonded labor or forced prostitution.

Malaysia being a member of the Human Rights council, we believe that you will be committed to the protection of the rights of refugees and seek a solution to the political conflict in Burma.

We call on you and on all peace loving people to stop these inhuman arrests of refugees; recognize them as refugees; and with a human rights approach give them the right to stay and work in Malaysia.

 Yours sincerely,

PLEASE SEND YOUR LETTERS TO:

YAB Dato’ Seri Abdullah Ahmad Badawi

Prime Minister of Malaysia

Address: Prime Minister’s Office

Blok Utama, Bangunan Perdana Putra,

Pusat Pentadbiran Kerajaan Persekutuan

62502, Putrajaya

Malaysia

 

Telephone: +603-8888 8000

Fax: +603-8888 3444

Email: ppm@pmo.gov.my

 

YAB  Dato’ Sri Mohd Najib Bin Tun Haji Abdul Razak

Deputy Prime Minister of Malaysia

Address: Deputy Prime Minister’s Office

Aras 4, Blok Barat,

Bangunan Perdana Putra,

Pusat Pentadbiran Kerajaan Persekutuan

62502, Putrajaya

Malaysia

 

Telephone: +603-8888 1950

Fax: +603-8888 0035

Email: tpm@pmo.gov.my

 

Datuk Seri Syed Hamid Albar

Minister of Home Affairs & Internal Security

Address: Minister of Internal Security and Home Affairs
Level 12, Block D1, Parcel D
Federal Government Administrative Centre
62546, Putrajaya

 Malaysia

 

Telephone:  +603-8886 8000

Fax: +603-8889 1613

 

 

PLEASE CC YOUR LETTERS TO:

 

Mr. Antonio Guggerres

United Nations High Commissioner for Refugees (Geneva)

Address: United Nations High Commissioner for Refugees
Case Postale 2500
CH-1211 Genève 2 Dépôt
Switzerland

 

Telephone: +41 22 739 8111

 

Chairperson of United Nations Human Rights Council

Address: Office of the High Commissioner for Human Rights
Palais des Nations
CH-1211 Geneva 10,

Switzerland

 

Mr. Youssouf Oomar

United Nations Children’s Fund (UNICEF) – Malaysia Representative

Address: Wisma UN

Block C

2^nd floor

Kompleks Pejabat Damansara

Jalan Dungun

50490 Kuala Lumpur

Malaysia

 

Telephone: +603-2095 9154

Fax: +603-2093 0582

Email: yoomar@unicef.org 

 

Phone: (63-2) 4333508
Fax: (63-2) 4331292
Email: mfa@pacific.net.hk
Web: www.mfasia.org