Report of the United Nations Working Group on Arbitrary Detention (Malaysia) - 8/2/2011

Below are selected extracts only concerning migrants in Malaysia, for the full report go here

Report of the United Nations Working Group on Arbitrary Detention on its Mission to Malaysia (7–17 June 2010) - 8 February 2011

“…Detention under immigration powers does not seem to be in line with international human rights law. The Working Group considers that the detention of migrants should be decided upon by a court of law, on a case-by-case basis, and pursuant to clear and exhaustively defined criteria in legislation under which detention may be used. The Working Group received complaints of detainee abuse, inadequate food, water, medical care and poor sanitation in most immigration detention centres. The situation at the overcrowded Lenggeng detention centre is especially highlighted. The Working Group expresses its concern at the caning of immigrants in an irregular situation and the powers extended to the Ikatan Relawan Rakyat Malaysia (RELA) volunteer force to be present in immigration detention centres and to track down foreigners living in Malaysia without valid documents.

The Working Group also recommends that the Government change its laws and policies related to the detention of asylum-seekers, refugees and migrants in an irregular situation, so that detention is decided upon by a court of law, on a case-by-case basis and pursuant to clearly and exhaustively defined criteria; rule out systematic immigration detention of vulnerable groups of migrants; and provide in all cases for automatic periodic review by a court of law on the necessity and legality of detention, as well as an effective remedy for detainees. Lastly, the Working Group recommends that the Government of Malaysia strengthen the status, powers and functions of the national human rights institution SUHAKAM, in accordance with the Paris Principles.”

G. Detention pursuant to immigration powers

65. With regard to detention outside the context of criminal law, during its visit, the Working Group was seriously concerned by the administrative detention regime applied to asylum-seekers, refugees and migrants in an irregular situation. In a population of around 28 million, between 3 to 4 million are foreign immigrants. It is estimated that at least half of them are in an irregular situation or without the necessary documentation. Malaysia is a transit point for asylum-seekers, particularly those from Afghanistan and Myanmar. Some 90,000 foreigners have refugee status as determined by the Office of the United Nations High Commissioner for Refugees (UNHCR) and mainly live in Kuala Lumpur. A significant number of migrants from, inter alia, Bangladesh, Indonesia and Nepal also live in the country without authorization.

66. There is no special legislation relating to refugees and asylum-seekers in Malaysia, since they are not recognized as such under domestic law; indeed, current legislative framework does not even recognize the terms “refugees” and “asylum-seekers”. It is understood that any non-citizens of Malaysia entering the country without the necessary documents and permits are categorized as illegal migrants, dealt with according to the relevant laws and punished accordingly.

67. Illegal migrants are detained under the Immigration Act for the purposes of making inquiries or investigations into an offence under the law, and also for removing from Malaysia any foreigners who violate the provisions under the Act.

68. While immigrants in an irregular situation are subjected to mandatory detention under the Immigration Act, they do have some recourse to a court law. Article 5 of the Federal Constitution provides that detained persons should not be detained for more than 24 hours without authorization by a magistrate, although in the case of immigrants, this period is extended to 14 days. Migrants are detained by order of the Director General of Immigration and, under the criminal Procedure Code, by a magistrate. Detention of migrants in a prison is governed by the Prisons Regulations (2000), which contain safeguards on fundamental liberties, inter alia the rights to food, clothing, medical examination and treatment, education and recreation, the right to visits and communication.

69. The Government has not ratified the Convention relating to the Status of Refugees or the Protocol thereto. The Government has yet to put in place a national legal and administrative framework for dealing with asylum-seekers and refugees. While the Government does not restrict the access of undetained asylum-seekers to the Office of UNCHR, it does nothing to facilitate access and, as part of its immigration enforcement efforts, often arrests and detains asylum-seekers and refugees.

70. Although Malaysia is not a party to the Convention relating to the Status of Refugees and the Protocol thereto, Malaysia has fulfilled its international obligations to persons who have entered Malaysia claiming to be refugees and asylum-seekers through special arrangements on humanitarian grounds with UNHCR.

71. Persons committing offences under the immigration laws (either travelling without travel documents or committing criminal offences) are detained by the relevant authorities. However, section 8 (3) of the Immigration Act 1959/63 also sets out to determine persons categorized and prohibited from entering Malaysia. In the event, however, that such offenders are from vulnerable groups, including minors, families with minor children, pregnant women, elderly persons, persons with disabilities and other such persons, the authorities are required, on the basis of humanitarian grounds, to take all reasonable measures to treat such persons with appropriate care and attention.

72. The Working Group believes that detention of migrants should be decided upon by a court of law, on a case-by-case basis, and pursuant to clearly and exhaustively defined criteria in legislation under which detention may be used. The Government should not use immigration detention for asylum-seekers, refugees and vulnerable groups of migrants, including unaccompanied minors, families with minor children, pregnant women, breastfeeding mothers, elderly persons, persons with disabilities, or people with serious and/or chronic physical or mental health problems.

73. In all cases, immigrants should be provided with automatic periodic review by a court of law of the necessity and legality of their detention at any time.

74. Refugees and asylum-seekers are prosecuted for immigration-related offences and may be indefinitely detained at immigration detention centres or deported. Malaysia has no laws or regulations relating to the status of refugees and asylum-seekers in line with international standards. The 24 hours allowed for the police to bring a detainee before a magistrate becomes 2 weeks in the case of a foreigner detained under immigration laws.

75. In the absence of national refugee legislation, UNHCR performs core protection functions, including registration of asylum-seekers, determination of refugee status, issuance of identification documentation and promotion of solutions, including voluntary return, local integration or resettlement in a third country. UNHCR performs these functions, however, as a result of the Government’s unwillingness to perform what are clearly State functions of asylum management. UNHCR does so in the absence of a comprehensive legal and administrative framework for managing asylum-seekers.

76. The Government believes that the issue of refugees and asylum-seekers requires commitments from all States to cooperate in addressing the problems of the mass influx of refugees and asylum-seekers faced by many countries, including Malaysia. Such commitments would need to take into account the resources available of each State and their relevant domestic laws and migration policies. States should take measures jointly to eliminate the problems that give rise to persons having to migrate from their country of origin. Apart from addressing the issue of refugees, efforts need to be made to assist the countries of origin to alleviate the root causes of why their people migrate to other countries; only then would the international community to be able address the problem of refugees and migration as a whole.

77. The capacity of the 13 immigration detention centres in the country is around 6,000 places. All centres are under the control of the Immigration Department. Approximately 10,000 people were deported in 2009.

78. The Government is working to address the issue of overcrowding, the number of detainees has been reduced to an average of 4,500 to 4,800 from the total capacity of 6,640 of all detention centres. Cooperation with non-governmental organizations and international bodies is vital to improve management of immigration detention centres. The Government is therefore working closely with the International Committee of the Red Cross (ICRC) and organizations such as Buddhist and Shelter.

79. The Government recognized that there is a need to improve conditions in immigration detention centres. It is taking steps such as by establishing a new set-up comprising personnel from various departments. The Government is also currently looking at emulating best practices in detention centre management of other countries such as Australia and the Netherlands. An additional allocation of RM100 million was recently approved by the Government to upgrade physical conditions and renovations of the centres concerned.

80. The Working Group was informed that at least six asylum-seekers and migrants had died of leptospirosis, an infectious disease, in immigration detention camps. In 2009, 14 detainees died in immigration detention centres.

81. Capacity at Lenggeng detention centre is 1,250, including a block for 250 women. As a transit place, detainees should stay for a maximum of 14 days for investigation. The Working Group found evidence of overcrowding, insufficient access to potable water, poor sanitation and inadequate medical care. Allegations were received of inadequate food and lack of ventilation. The unsanitary and overcrowded conditions facilitated the transmission of communicable diseases, particularly skin diseases. Three detainees died during the first five months of 2010. Some detainees also stated that the overcrowding often led to confrontations and fighting between the detainees, with very limited or no intervention at all from the security guards.

82. The Working Group found a 14-year-old boy who had been in the centre since June 2008. He stated that he was born in Malaysia, although his documents indicated that he was Indonesian, as both his parents are Indonesian. He was adopted by a Malaysian family after his parents returned to Indonesia in 2006. His adoptive family had not visited him since 2009. He has no bed in his cell and was uncertain about his future.

83. According to the Government, all immigrants are subject to the same criminal justice system in Malaysia; detainees may therefore challenge the necessity and legality of their detention at any time. This is a common principle of the criminal justice system in Malaysia. Migrants who are found in an irregular situation (without valid travel documents) or commit an offence are charged in court. After the sentence period has been served, migrants are kept in immigration detention centres until deportation. The Working Group reminds the Government that it is an obligation of the State to guarantee the right to safety of all foreigners when it decides to place them in detention.

84. In Sabah, concern was also expressed at the detention of foreign children whose parents had been deported.

85. Migrants found to have violated immigration laws are liable to imprisonment, substantial fines and, in some cases, caning. Since 2002, caning has been used to punish immigration offences, such as illegally entering the country. The Working Group was informed that most of the 10,000 people caned each year are immigrants in an irregular situation.

86. Upon the conclusion of its visit, the Working Group was informed that no migrant in detention was denied the necessary medical treatment.

V. Conclusions

92. Most prisons visited were found to meet international standards and regulations on conditions. This finding does not, however, apply to immigration detention centres.

100. The regime applied to migrants in an irregular situation, refugees and asylum seekers is not seen to be in line with international human rights law. Immigrants in an irregular situation arriving in the country are subjected to mandatory detention without genuine recourse to a court of law. The conditions of detention at most of the immigration detention centres visited adversely affect the ability of detainees to challenge the lawfulness of their detention. The Working Group received complaints of detainee abuse, inadequate food, water and medical care, and poor sanitation in the immigration detention centres.

101. The Working Group expresses its concern about the excessive powers granted to the non-official organization RELA, particularly its activities concerning asylum seekers, refugees and migrants in an irregular situation. The Working Group received allegations of ill-treatment and beatings by RELA militants.

103. The Working Group further expresses its concerns about the situation of overcrowding in prisons, but mainly in immigration detention centres.

A. General recommendations

105. The Government should increase its efforts to develop a human rights culture in Malaysia. The judiciary should train magistrates, judges and prosecutors in international human rights law in order to increase the capacity of applying international human rights principles and standards in the resolution of judicial cases.

106. The Government should become a party to the main international instruments on human rights, particularly the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention relating to the Status of Refugees and the Protocol thereto, the Convention relating to the Status of Stateless Persons, the Convention on the Reduction of Statelessness and the Rome Statute of the International Criminal Court.

107. The Government should also study the possibility of becoming a party to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Optional Protocol thereto, as well as of revising the reservations and declarations it made to those conventions to which it is a State party.

C. Concerning detention under immigration powers

117. Regardless of immigration status, nobody should be subjected to arbitrary detention or appalling detention conditions. The Government is reminded that it is its responsibility to guarantee the right to physical and psychological integrity and the right to security in immigration detention centres.

118. The Government should ratify the Convention relating to the Status of Refugees and the Protocol thereto, and put in place a national legal and administrative framework for dealing with asylum-seekers and refugees that meets international standards.

119. The Government should also rule out detention of asylum-seekers and refugees

as well as vulnerable groups of migrants, including unaccompanied minors, families with minor children, pregnant women, breastfeeding mothers, elderly persons, persons with disabilities, people with serious and/or chronic physical or mental health problems.

120. The Government should, in all cases, provide for automatic periodic review by a court of law on the necessity and legality of detention.

121. The Government should also provide for an effective remedy for detainees to challenge the necessity and legality of detention at any time of the detention period and ex post facto, and define the circumstances.

122. As long as there is a regime of mandatory administrative detention for migrants in an irregular situation, the Government should legally define its maximum period rather than basing it on Government regulations or policy.

123. The Government should also provide for a system of legal aid for immigration detainees.

124. The Government should assume the responsibility of improving the conditions in immigration detention centres as a matter of urgency.

125. RELA, as a volunteer force, should not be used for law enforcement nor for guarding immigration detention centres.

Prisons Officers again in-charge of Immigration Detention Centres

Detention depots proposed for illegal immigrants

PUTRAJAYA: The Home Ministry will propose the setting up of a Depot Department to ensure better management of depots for illegal immigrants.

Its secretary-general Datuk Seri Mahmood Adam said a special committee to enhance the management of depots would come up with a proposal paper and submit it to minister Datuk Seri Hishammuddin Tun Hussein in three months.

He said the setting up of the department would also allow depots to be managed in a more systematic and integrated manner with the involvement of several departments and agencies, rather than just the Immigration department.

“The committee has proposed several measures to boost security and management including having the 13 depots housing illegal immigrants jointly managed by the Immigration and Prisons departments as well as Rela,” he told reporters yesterday.

Mahmood said to boost security and efficiency when responding to “emergencies”, the committee which met again yesterday had decided that a police officer be stationed 24 hours at the facilities, adding 39 prisons officers and 210 Rela members have been assigned to join some 1,000 immigration officers at the depots.

Under the new system, prisons officers will be in charge of security, immigration will be responsible for documentation while Rela will help out with security.

On Sunday, 20 Afghans, ran away from the detention centre in KLIA at about 3am. - Star, 6/8/2010, Detention depots proposed for illegal immigrants

Joint Statement by 113 organisations about DEATH OF 2 BURMESE INDICATIVE OF STATE OF DETENTION PLACES IN MALAYSIA

DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE

We, the undersigned, are alarmed to hear that Sa La Hin, 26, and Thang Hoih Ping, 21, two Burmese migrants, have died in the Malaysia’s Juru Immigration Detention Centre from Leptospirosis. This is disease that is usually caused by exposure to water contaminated with the urine of infected animals, such as rodents, cattle, pigs, horses, dogs and wild animals. The fact, that 2 persons are dead and others have been infected by this disease, again highlights the state of hygiene, cleanliness and healthcare at Malaysian Detention Centres.

We recall that it was reported in the media in December 2008, that "About 1,300 illegal foreigners have died during detention in the past six years, Malaysia Nanban quoted Malaysian Human Rights (Suhakam) commissioner Datuk N. Siva Subramaniam as saying. He said many of them died in immigration detention centres, prisons and police lockups because they were denied medical treatment at the right time.” [Star, 18/12/2008, ‘1,300 foreign detainees died due to neglect’]. Now, Sa La Hin and Thang Hoih Ping may just be the latest additions to that list of detainees that died due to similar reasons.

We also recall the words of SUHAKAM in their response to the Asian Human Rights Commission (AHRC) dated 13/1/2009, that correctly stated that ‘…SUHAKAM views the denial of medical attention to the point of endangering one’s life as a serious violation of that person’s right to life….’

These deaths may have been avoided if medical attention was provided promptly, and we call for an independent public inquiry to determine whether there was such negligence on the part of the Ikatan Relawan Rakyat or better known as RELA (a People's Volunteer Corps), and the Immigration officers, who are currently responsible for Immigration Detention Centres in Malaysia.

We do appreciate the fact that the Director General of Immigration has now decided that ‘cleanliness and hygiene at immigration depots nationwide are to be stepped-up to ensure safety of staff and inmates there against contracting infectious diseases’ (Bernama, 19/5/2009, Cleanliness, Hygiene at Immigration Depot to Be Stepped Up).

We hope that this is not merely a knee-jerk response, which is temporary in nature, but a new and permanent commitment by Malaysia to improve standards and conditions of Detention Centres and other places of detention.

The current once a week visit by a medical officer to the Detention Centres is certainly inadequate. There should be, at the very least, a permanent clinic/dispensary manned by a medical assistant, with a doctor visiting detainees for several hours at least once every two days or more frequently.

New users of the Detention facility should also be determined free from easily transmittable diseases like Tuberculosis and the A(H1N1) flu before being introduced to the general population of detention places.

There should also be regular visits by the Health Officer, who shall monitor the conditions, including of the living and sleeping environment, of the Detention Centre to ensure that it meets the highest standards of hygiene and cleanliness.

The foods, and all aspects of food preparation, also need to be monitored by the Health Department especially since there is a possibility that the fault in the recent deaths could be the current caterer of food and drink.

With regard to those who have died, we are of the opinion that their family and/or dependents should be given adequate compensation by the persons responsible, the detaining authority and the Malaysian government.

Officers and persons responsible for the acts or omissions that resulted in death and suffering should be charged and prosecuted for these crimes. They should not be permitted to hide behind safeguards provided to public servants and/or the RELA volunteers, which unfortunately only promotes culture of impunity with no sense of responsibility and respect for human life.

We, the undersigned, call on the Malaysian Human Rights Commission (SUHAKAM) to immediately commence a public inquiry into these deaths and detention places generally, and come up with concrete recommendations which could be implemented that will improve state of cleanliness, hygiene and healthcare of all detention places in Malaysia.

We are also call upon the Ministry of Health and the government of Malaysia to take necessary steps to ensure that proper steps be taken to ensure that such disregard for life does not happen again.

We reiterate the call for the abolition of RELA, and restate our position that law enforcement, and management of detention places should be done by professionally trained full-time public servants, not volunteers.

Charles Hector
Pranom Somwong

For and on behalf of the 113 organizations/groups listed below:-

Action for Health Initiatives (ACHIEVE), Inc, Philippines
Action Network for Migrants (ANM), Thailand
All Women's Action Society (AWAM), Malaysia
Alternative ASEAN Network on Burma
Asia Pacific Forum on Women Law and Development (APWLD)
Asia Pacific Mission for Migrants (APMM), Hong Kong
Asia-Pacific Solidarity Coalition (APSOC)
Asia Pacific Workers Solidarity Link (APWSL), Korea
Asian Migrants' Coordinating Body - Hong Kong (AMCB-HK)
Assistance Association for Political Prisoners (Burma)-AAPP
Bahrain Center for Human Rights
Bar Council Human Rights Committee, Malaysia
Bar Council's Legal Aid Centre, Malaysia
BAYAN USA
Building and Wood Workers International, Asia Pacific Regional Office
Burma Campaign Australia
Burma Campaign, Malaysia
Burma Campaign UK
Burma Centre Delhi (BCD)
Burma's Nationalities Association (BNA)- Norway
Burma Partnership
Cambodian Women's Crisis Center
Canadian Friends of Burma (CFOB)
CDS (Community Development Services), Sri Lanka
Center for Migrant Advocacy, Philippines
Center for Orang Asli Concerns (COAC), Malaysia
Centre for Public Policy Studies (CPPS), Malaysia
Chin Human Rights Organization
Civil Society Committee of LLG Cultural Development Centre (LLGCSC) Columban Center for Advocacy and Outreach (USA)
Commission For Filipino Migrant Workers (CFMW) - The Netherlands
Committee for Asian Women (CAW)
Coordination of Action Research on AIDS & Mobility (CARAM -Asia)
Democratic Party for a New Society (DPNS), Burma
Development Action for Women Network (DAWN), Philippines
Empower Foundation, Thailand
Ethnic Nationalities Council
FIDH - International Federation for Human Rights
Filipino Migrant Workers' Union - Hong Kong (FMWU)
Forum for Democracy in Burma
Foundation for Education and Development (Formerly, Grassroots HRE (Burma)
Free Burma Coalition - Philippines (FBC-Phils)
Free Burma Campaign, South Africa
Friends of Burma, Malaysia
Global Alliance Against Traffic in Women (GAATW)
HAKAM - National Human Rights Society, Malaysia
Health Equity Initiatives, Malaysia
H.O.M.E. (Humanitarian Organization for Migration Economics), Singapore
Hope Workers’ Center, Taiwan
HRWG - Indonesia's NGO Coalition for International Advocacy
Hsinchu Catholic Diocese Migrants and New Immigrants Service Center, Taiwan
IMPARSIAL, the Indonesia Human Rights Monitor, Jakarta – Indonesia
INFID (International NGO Forum on Indonesian Development)
Initiatives for International Dialogue (IID)
Kachin Women's Association Thailand
KAFIN Migrant Center, Japan
KAFIN - Saitama, Japan
Kayan National Development Foundation (KNDF)
Khmer Kampuchea Krom Human rights Organisation (KKKHRO), Cambodia
Labornet Korea
Labour Resource Centre, Malaysia
Legal Support for Children and Women (LSCW), Cambodia
LHRLA (Lawyers for Human Rights & Legal Aid), Pakistan
MADPET (Malaysians against Death Penalty and Torture)
Malaysian Trade Union Congress (MTUC)
Mekong Migration Network (MMN)
Migrant CARE, Perhimpunan Indonesia untuk Buruh Migran Berdaulat
Migrant Forum in Asia (MFA)
MIGRANTE Europe
MIGRANTE Middle East
MIGRANTE International
MIGRANTE - Nagoya
MIGRANTE - UAE
Mindanao Migrants Center for Empowering Actions, Inc. (MMCEAI)
Myanmar Ethnic Rohingyas Human Rights Organization Malaysia (MERHROM)
National Democratic Party for Human Rights(NDPHR)(exile),SEA Regional Office
National League for Democracy [NLD (LA)], Malaysia
National Institute for Electoral Integrity (NIEI), Malaysia
National Network for Immigrant and Refugee Rights, U.S.
Network for Democracy and Development, Thailand
Network of Action for Migrants in Malaysia (NAMM)
New Zealand Burma Support Group
NY Committee for Human Rights in the Philippines
OKUP (Ovibashi Karmi Unnayan Program), Bangladesh
Osan Migrant Workers Center in South Korea
Palaung State Liberation Front (PSLF)
Parti Keadilan Rakyat (PKR)
Parti Rakyat Malaysia (PRM)
Peoples Service Organization (PSO), Malaysia
Persatuan Kesedaran Komuniti Selangot (EMPOWER)
Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS), Malaysia
Persatuan Sahabat Wanita, Selangor
Platform of Filipino Migrant Organisations in Europe - The Netherlands
POURAKHI, Nepal
Pusat KOMAS, Malaysia
Raks Thai Foundation, Thailand
Rohingya Youth Development Forum (RYDF), Malaysia
Shan Refugee Organization Malaysia (SRO)
Shan Women's Action Network (SWAN)
Shwe Gas Movement
St. John's Cathedral HIV Education Centre, Hong Kong
Suara Rakyat Malaysia (SUARAM)
Tenaganita, Malaysia
The Foundation for the Health and Knowledge of Ethnic Labour (MAP)
The Justice, Peace & Solidarity in Mission Office, The Good Shepherd Sisters
The Micah Mandate
Transient Workers Count Too, Singapore
United Filipinos in Hong Kong (UNIFIL-MIGRANTE-HK)
U.S. Campaign for Burma
WARBE Development Foundation - Bangladesh
Women's Aid Organisation (WAO), Malaysia
Women's League of Burma
Workers Hub for Change (WH4C)


* For further information, please contact Charles Hector (chef@tm.net.my) or Pranom Somwong (Bee) (p_somwong@yahoo.com) at 019-2371 300

Reason for immediate abolition of RELA

RELA raid - 1 Dead...1 seriously injured. Abolish RELA.

RELA raid...and another death. It was a raid by apparently just the RELA...(the 'volunteer vigilante corp'). Where were the professional law enforcers - the Police, the Immigration Enforcement Officers during this raid?

"The operation at Jalan Changkat 19/1, involving eight Rela officers, was conducted after Rela received reports of illegal immigrants staying in the unit...."

This is NOT the FIRST time that deaths have allegedly resulted during RELA raids.

I hope that the police immediately commence criminal investigations (or SUHAKAM does an immediate inquiry) to find out what really happened. To determine whether the death was a mere accident or not. Are there any RELA member who are criminally (or otherwise) responsible for the death? Was the death caused by the absence (or lack) of professional training when the raid was conducted?

The undocumented migrant would generally face arrest, detention and deportation. Worse case scenario some WHIPPING..and a jail term...but this is not so bad for a person to 'jump to his death' for, is it. Was he pushed?

Investigation must be done NOW - and must involved also them who have been detained as allegedly being 'undocumented workers', before they are all deported...and the truth covered-up. We really should have PROCEDURES to immediately conduct independent inquiries into these kind of cases - within a month, when the memory is still fresh.

SHAH ALAM: A Rela raid ended in tragedy when an Indonesian illegal immigrant was killed and another seriously injured when they fell from a flat in Section 19 here yesterday.

Shah Alam police chief Assistant Commissioner Nor Azam Jamaluddin said a Rela officer lodged a police report after the 1.30am raid.

He said the Indonesian died an hour after he was discovered by Rela officers.

The injured man was being treated at Tengku Ampuan Rahimah Hospital in Klang.

Selangor Rela director Khairi Mohd Alwee said both men were believed to be hiding when Rela officers raided the fourth floor flat and detained six illegal immigrants, including two women.

Khairi said they were later found in a pool of blood on the ground floor.

He said Rela requested the help of paramedics from Civil Defence Department but one of them died.

"The operation at Jalan Changkat 19/1, involving eight Rela officers, was conducted after Rela received reports of illegal immigrants staying in the unit.

"In light of this incident, I hope all illegal immigrants surrender to the authorities during such operations.

"They should not endanger themselves by trying to flee.

"Illegals would be treated fairly by the authorities after detention."

Apart from the operation in Section 19, Rela Selangor, with the help of the Immigration Department, also conducted similar operations around Puchong and Damansara.

A total of 103 illegal immigrants were detained. - New Straits Times, 27/11/2008 - Illegal dies during raid

I wonder whether the RELA members are still being paid for each and every 'undocumented' migrant they arrest....

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. - RELA’S “CATCH A MIGRANT AND GET PAID FOR IT” POLICY MUST END

Recall also the Malaysian Bar Resolution in 2007 calling for the abolition of RELA..

MALAYSIAN BAR RESOLUTION FOR THE END OF THE STATE OF EMERGENCY AND AN END TO LAW ENFORCEMENT” BY THE UNTRAINED AND ARMED PEOPLE'S VOLUNTEER CORPS ( RELA)

Whereas:-

1. On 31^st August 2007, it will be 50 years since Malaysia achieved its independence and has been for over 30 years been a peaceful democratic nation.

2. It is sad that Malaysia is still in a state of Emergency as there exist today 4 Proclamation of Emergencies issued by the Yang di-Pertuan Agong that is yet to be revoked.

3. Since independence, five states of emergency have been declared under Article 150 of the Federal Constitution. The first was the only one to have been revoked. The remaining four are still in operation. The second state of emergency was proclaimed in September 1964 when the country was faced with a campaign of violence from Indonesia. Although the threat ceased within less than two years, the state of emergency was never revoked.

4. The next state of emergency was declared on 14 September 1966 following the dismissal of the Chief Minister of the state of Sarawak. No violence - or threat of violence - resulted from the crisis. The government nevertheless proclaimed an emergency, confined to Sarawak. And although the crisis was soon resolved, the state of emergency has not been revoked.

5. The fourth proclamation came on 15 May 1969 following large-scale rioting and racial violence in the capital, Kuala Lumpur, during a general election. The violence led to several hundred casualties. As a result, further elections were postponed and parts of the Constitution suspended. Normalcy was restored soon - the legislature was reconvened and normal constitutional government restored in February 1971. However, the state of emergency has yet to be revoked.

6. On 8 November 1977, the fifth Emergency, limited to the state of Kelantan, was declared following a political crisis.

7. By reason of the proclamation of emergency, numerous legislations were enacted and are still in force, including also :-

a) Emergency (Essential Powers) Act, 1964 (30/64), today known as the Emergency (Essential Powers) Act 1979;

b) Emergency (Public Order and Prevention of Crime) Ordinance 1969;

c) Essential (Security Cases) Regulations 1975

8. For example, Section 6 of the Emergency (Essential Powers) Act 1979, states that “"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.". [The proclamation of emergency referred to in this Act was the proclamation issued on 15 May 1969.]

9. The Ikatan Relawan Rakyat or better known as RELA (a People's Volunteer Corps) came into being by virtue of Essential (Ikatan RELAwan Rakyat) Regulations 1966 [P.U. 33/1966], under Emergency (Essential Powers) Act, 1964 (30/64), and continue to be in force by virtue of Section 6 of the Emergency (Essential Powers) Act 1979.

10. By virtue of the Essential (Ikatan RELAwan Rakyat) (Amendment) Regulations 2005, which came into operation on 1 February 2005, the powers of the Rela, have been dangerously over-extended giving RELA personnel the right to bear and use firearms, stop, search and demand documents, arrest without a warrant, and enter premises without a warrant. and all these powers can be exercised the RELA personnel has reasonable belief that any person is a terrorist, undesirable person, illegal immigrant or an occupier. Illegal immigrant and occupier (which would be Malaysians usually) was added on by this 2005 amendment.

11. These not-professionally trained volunteers has also now been accorded protection by the new amendments whereby it is stated that "…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."

12. Noting also that there has been numerous complaints that have surfaced in the media about the RELA not just from migrants but also Malaysians ranging from torture, gangster-like behavior, damage to property, wrongful arrest and detention and even the causing of deaths.

13. 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, and that means 94,010 people (or 76,310) with proper documentations were subjected to unnecessary harassment and their right to a remedy in law is difficult. Of the people arrested, recent reports in the media indicate that many may even not be “illegal” or “undocumented” migrants at all.

* “…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." (The Star, January 12, 2007).”

* “…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 Star, December 4, 2006) ·

* “22 workers of an IT company were beaten and made to do a 50m "duck-walk" at Section 30 in Shah Alam…” (The Star, February 16, 2006)

* 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. (The Star, October 17, 2006)

14. There have also been report of beatings and even deaths caused by RELA volunteers. As an example, in early 2006 it was reported that Ahmad Apik, 35, and Edy Sathurrohman, 26, both Indonesians, lost their lives, and they each left behind a wife and 2 young children. (Star, January 23, 2006).

15. The policy and practice of paying members of the People's Volunteer Corps (RELA) RM80-00 for each undocumented migrant must be stopped (The Star, January 23, 2006). Even 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. (The Star January 23, 2006)

15. Malaysia is a developed country and professionally trained enforcement personnel should be used for law enforcement, and the use of volunteers like the RELA must end.

16. Some migrants may be undocumented, but they are still human beings and deserved to be treated humanely and should be accorded equal protection under the law.

17. Malaysia, a party to the April 1999 BANGKOK DECLARATION ON IRREGULAR MIGRATION, which clearly states “Irregular [undocumented] migrants should be granted humanitarian treatment, including appropriate health and other services, while the cases of irregular migration are being handled, according to law. Any unfair treatment toward them should be avoided” must adhere to its commitments.

18. New laws can always be enacted by a parliament in times of peace if needed.

IT IS HEREBY RESOLVED:-

a) That we, the Malaysian Bar, call upon the Yang Di-Pertuan Agung to revoke all existing Proclamations of Emergency in Malaysia;

b) That we, the Malaysian Bar call for the repeal all legislations and Acts that were enacted and continue to be in force by reason of the now existing unrevoked Proclamations of Emergency;

c) That we, the Malaysian Bar reiterate our call for the repeal of Emergency (Public Order and Prevention of Crime) Ordinance 1969 and the Essential (Security Cases) Regulations 1975;

d) That we, the Malaysian Bar specifically call for the repeal of the Emergency (Essential Powers) Act 1979 and all Regulations and Rules made thereunder, in particular Essential (Ikatan RELAwan Rakyat) Regulations 1966 [P.U. 33/1966], as amended by the Essential (Ikatan RELAwan Rakyat) (Amendment) Regulations 2005;

e) That we, the Malaysian Bar call for the employment and usage of only properly trained professional law enforcement personnel in Malaysia;

f) That we, the Malaysian Bar urge that inquests be conducted for Ahmad Apik, Edy Sathurrohman and for the other persons who have died as result of alleged RELA actions;

g) That we, the Malaysian Bar urge that all persons including undocumented migrants and/or refugees be treated humanely and accorded equal protection of the law;

h) That we, the Malaysian Bar call on the Malaysian government to immediately ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families;

i) That we, the Malaysian Bar call on the Malaysian government to immediately ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Proposers: Charles Hector & Francis Pereira, Motion dated 18^th February 2007.The motion was unanimously carried at the 61st Annual General Meeting of the Malaysian Bar held at the Grand Ballroom, Legend Hotel, Kuala Lumpur - 17 March 2007

Source:- RELA man outraged woman's modesty - Abolish RELA now

The Malaysian Government must employ more full-time professionally trained Immigration Enforcement Officers, and Police - and stop using this volunteer corp...

RESPECT human life and human persons - and abide by the commitments made by Malaysia in the 1999 BANGKOK DECLARATION ON IRREGULAR MIGRATION, which clearly states “Irregular [undocumented] migrants should be granted humanitarian treatment, including appropriate health and other services, while the cases of irregular migration are being handled, according to law. Any unfair treatment toward them should be avoided”

Note also that this incident occurred in Selangor - a Pakatan Rakyat governed state, and I say again that Pakatan Rakyat must EXPRESS clearly its position and stance with regard to RELA....and also Migrants and Refugees in Pakatan Rakyat governed states.

RELA:- Making money seems to be the priority

Apart from the demanding the Malaysian government to immediately abolish RELA, we need also push for the development of clear standards and procedures concerning the arrest, detention and deportation.

These should be in line with the international standard of UN and human rights institution like Human rights commission ,if they have good one !

We have to also monitor why state like to declare crackdown against undocumented migrants. Has it got anything to do with security, or is it just pure business.

Transparency is an important aspect of good governance and it seems that it has far to go …

03-09-2008: AG’s Report: Rela vehicles bought without following financial rules
by Sharon Tan

PETALING JAYA: The home ministry has bought 313 vehicles costing RM16.87 million for Rela, the voluntary security corps, but only a quarter of the mileage chalked up was for conducting operations to arrest illegal immigrants.

This was revealed in the Auditor-General’s (AG) 2007 Report, which was released last Friday. The vehicles were used for 52 of the 312 days that operations against illegal immigrant were held from 2004 to 2007. It had only chalked up 16,646 km or 25.9% in mileage for the operations from 64,258km.

“The auditors could not determine the accuracy of log books for mileage, usage of vehicles and fuel, especially in district Rela offices,” said the report.

Furthermore, the ministry has no special allocations for purchase of vehicles, but used the leftovers from the development allocations from 2004 to 2007, auditors found.

“The ministry should stop the practice of using leftover development allocations to purchase vehicles because it is not in accordance with financial rules in contract management,” said the report.

The ministry would have to prepare a special allocation for purchases like these so that there would be planning and proper execution, it said.

According to the report, Rela had only 68 vehicles until 2003. It had then proposed to acquire more vehicles from 2004 to 2006, following the government’s decision to engage Rela in operations to arrest illegal immigrants.

However, the audit check showed that Rela had only raised the matter generally without justifying the intended purchases by showing actual need and ensuring that the vehicles were suitable for their intended purpose. The report also found that Rela had decided at the headquarters level on the types of vehicles and the number of units without consultation with the states.

The report further said that the proposal should have been supported by schedules for the planning and execution of activities. It should also specify the types of cars with current market prices, road tax, insurance, sales commission and the prices of optional accessories.

The report found that the ministry’s chief secretary had applied to the Ministry of Finance to buy the vehicles through negotiation instead of open tender due to Rela’s urgent need.

“However, the appointment of the suppliers did not take into account the ability of the company to supply the vehicles. It was found that the company could not supply three of the vehicles at the agreed time because they were out of stock,” the report said.

It also revealed that four Toyota Fortuner SUVs and two Toyota Hilux pick-ups that were not in the proposal were supplied while 125 units of Kia Pregio vans were purchased instead of the 18 units planned.

The AG’s report also could not find the basis for the distribution of the vehicles and was of the opinion that Rela should have stated it in the written form so that there would be no disputes.

It also found that 49 vehicles from the headquarters and the Sabah branch were not used in the operations at all from 2004 to 2007.

http://www.theedgedaily.com/cms/content.jsp?id=com.tms.cms.article.Article_26303bef-cb73c03a-98350a00-9920fcf3