THE Malaysian Bar is concerned by a statement made by Home Minister Datuk Seri Hamzah Zainudin that stronger measures will be taken against undocumented migrants in Malaysia during the lockdown period from June 1 to 14.
This contradicts the assurance given by Science, Technology and Innovation Minister Khairy Jamaluddin, who, as coordinating minister of the National Covid-19 Immunisation Programme, said undocumented migrants will not be arrested if they come forward for vaccination.
We sincerely hope that the government will not renege on the assurance given by Khairy in guaranteeing that undocumented migrants will be spared. We fear that migrants will evade the authorities and refuse to seek medical treatment or vaccination for fear of arrest if the authorities start taking enforcement action against them. It is crucial to foster trust and confidence between the government and migrants to ensure that they come forward.
If migrants are arrested in large numbers, it could potentially lead to an increased risk of their exposure to the virus. The action of herding arrested persons in groups could lead to the formation of new clusters in prisons and detention centres. These government policies to curb the spread of Covid-19 may likely result in a high number of cases.
The Bar urges the government to show empathy and compassion, and allow all migrants – regardless of their immigration status – to have access to Covid-19 testing, treatment and vaccination without fear of arrest or detention. It is during these dire times that the government should be compassionate towards migrants, who represent one of the most vulnerable groups in our country.
There are numerous reasons for the presence of undocumented migrants in Malaysia. They range from cases of expired permits that could not be renewed by employers due to restrictions under the movement control order, to employers’ failure to legalise them or renew their work permits – and in some instances, it is no fault of the migrant. Further, with the borders closed, there are migrants stranded in Malaysia, as they are unable to return to their home countries.
The Bar therefore calls for a sustainable solution to this situation, which should involve opportunities for a comprehensive amnesty and regularisation programme that can address the issue holistically. This is not the time for the government to penalise undocumented migrants. With surging infections and the country’s economic difficulties, the government must channel resources and manpower to expedite the vaccination process to achieve herd immunity, combating the Covid-19 pandemic collectively as a society, regardless of nationality. – The Vibes, June 1, 2021
A.G. Kalidas is president of the Malaysian Bar
