KUALA LUMPUR – Human and refugee rights groups have demanded that the government grant United Nations High Commissioner for Refugees (UNHCR) representatives access to data on recently deported Myanmar nationals and those still in detention.
In a joint online press conference yesterday, Amnesty International Malaysia (AIM) and Asylum Access said this is critical in light of the Immigration Department’s disregard for a court order on Monday to not deport more than 1,000 Myanmar nationals.
“Our concern remains with the fate of the 1,086 people en route to Myanmar, and the 140 individuals remaining in Malaysia,” said AIM executive director Katrina Jorene Maliamauv.
“UNHCR told us that they were asylum seekers, and there were children separated from their guardians. We are still in the dark on who they are, including those left behind in Malaysia. We need to know why the Immigration Department defied the court order.
“It’s really important that we understand that these dangerous deportations have not been properly scrutinised. The authorities must halt these deportations before they endanger more lives.
“Urgent priority must be given to UNHCR, as there is documented evidence of human rights violations in Myanmar after the (military) coup.”
Maliamauv and Asylum Access executive director Tham Hui Ying’s statements are in contrast to the remarks made by Immigration Director-General Datuk Khairul Dzaimee Daud that there were no asylum seekers in the group deported on Tuesday, and that the undocumented migrants had volunteered to be sent home.
#Malaysia @imigresenmy DG Kairul Daud lied that there were no refugees in the original 1200. Then NGOs found some! Now he says no refugees in 1086 forced back to #Myanmar. But @UNHCRAsia not given access. So why should anyone believe Kairul? No credibility https://t.co/ceXpazVZZa pic.twitter.com/YkyHBazA1S
— Phil Robertson (@Reaproy) February 23, 2021
Human Rights Watch’s Asia deputy director, Phil Robertson, took to Twitter to condemn the deportations.
“#Malaysia @imigresenmy DG Kairul Daud lied that there were no refugees in the original 1200. Then NGOs found some! Now he says no refugees in 1086 forced back to #Myanmar. But @UNHCRAsia not given access. So why should anyone believe Kairul? No credibility.”
Asked if AIM and Asylum Access will cite Khairul Dzaimee, Home Minister Datuk Seri Hamzah Zainudin and the government for contempt of court, the groups’ lawyer, Lim Wei Jiet, said they are contemplating their next move.
He said the Attorney-General’s Chambers tried to oppose any citation against the director-general, and that the two civil groups have no locus standi to cite the government or its officials.
North-South Initiative (NSI) executive director Adrian Pereira told The Vibes that Malaysia needs to be more compassionate and honest when addressing the detention and deportation of undocumented migrants.
“Deporting migrants back to the hands of the military junta in Myanmar despite having a court order is quite shocking.
“There are fundamental flaws in their access to justice at every stage of this process. We should not be too fast to conclude that the migrants are guilty of being undocumented.
“When the authorities catch them, they are immediately isolated at detention facilities, with hardly any access to legal services, among others. Even in court, it’s very disappointing to see judges not calling for investigations into how a migrant becomes undocumented, but sentencing them to jail. This is a legal tragedy.
“Visa documentation is an administrative matter. It does not require harsh jail time or other punishments, as there is no evidence that this reduces the number of undocumented migrants in Malaysia. There is no correlation, as there are other systemic root causations to the matter.”
Despite knowing that migrants become undocumented due to reasons outside of their control, he said, they are subjected to semi-functional court hearings, are unrepresented, and suffer communication breakdowns.
The deportations this week do not bode well for Malaysia’s international standing, as Wisma Putra is attempting to get the country a seat on the UN Human Rights Council, he said.
“Malaysia will continue to have a very bad name globally, as we have seen in the US Trafficking in Persons Report and others on forced labour.”
He said Tuesday’s incident not only violated a high court order, but also international law and non-refoulement principles.
Non-refoulement refers to a fundamental principle of international law that forbids a country receiving asylum seekers from returning them to a country where they will likely be in danger of persecution based on race, religion, nationality, membership of a particular social group, or political opinion.
NSI comprises consultants on labour migration, conflict resolution, marginal communities, and youth empowerment.
Yesterday, the Kuala Lumpur High Court extended its stay on the deportation of Myanmar nationals until March 9.
The Myanmar military seized power at the start of this month and detained civilian leader Aung San Suu Kyi, triggering a series of massive protests.
Malaysia initially expressed “serious concern” over the coup, but just days later, news emerged that it had accepted an offer from the junta to send warships to repatriate Myanmar detainees. – The Vibes, February 25, 2021
