Recalling why RELA must be abolished....

Immigration Detention Center : "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...." - Star, 6/8/2010, Detention depots proposed for illegal immigrants [See earlier post : - Prisons Officers again in-charge of Immigration Detention Centres]

RELA :- "...Zaidon also said the number of Rela members would increase from 1.3 million to 2.5 million before the year end, as part of its move to have 2.6 million members before 2012...". — Bernama, Star, 9/8/2010, Immigration detention security beefed up

This is very disturbing as Malaysian government still tries to rely on RELA, a volunteer force, rather that recruiting and employing more Prison Officers, Immigration Officers and other public servants. Our call has been for the total abolition of RELA - whereby these volunteers have got just too much power and protection from personal liability for wrong doings. The correct way of doing things is to increases the number of professional security personnel in the civil service, be they police, prison officers, ....not relying on a volunteer corp created during the period of Emergency...We already have a police volunteer force, armed forces volunteers, etc - no need at all for RELA.

Why must RELA be abolished? Let us remind ourselves by looking at the Malaysian Bar Resolution of 2007 that tells us why this must be so...

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 The first was the only one to have been revoked.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

Some more news reports about new systems at Immigration Detention Centres....that seem to bring back the RELA again irrespective of the lesser role that they will play in security...

Detention depots to be jointly managed by Immigration and Prisons depts, and Rela

BY MAZWIN NIK ANIS

PUTRAJAYA: The 13 depots housing illegal immigrants will now be jointly managed by the Immigration and Prisons departments, together with Rela, in an effort to boost and strengthen their administration and management, particularly in the area of security.

Deputy Home Minister Datuk Lee Chee Leong said the decision was made after the special committee to enhance the management of the depots, chaired by secretary-general Datuk Seri Mahmood Adam, met Wednesday.

He said joint management of these depots would take effect immediately.

"The meeting has decided that Prisons Department will be in charge of security and prison management of these depots, Immigration will be responsible for documentation and immigration issues while Rela will look at the external security of these facilities," he said in a statement.

The depots involved are Simunjan and Bekenu in Sarawak, Pekan Nenas (Johor), Machap Umboo (Malacca), Lenggeng (Negri Sembilan), KL International Airport (KLIA) and Semenyih (Selangor), Langkap (Perak), Juru (Penang), Belantik (Kedah), Tanah Merah (Kelantan), Ajil (Terengganu) and Kemayan (Pahang).

On Sunday, 20 Afghans, who were being held as victims of human trafficking, fled the detention centre in KLIA around 3am after cutting security grilles to open two gates at the depot.

Twenty Immigration officers in charge of the detention centre were suspended pending investigations.

Both Deputy Prime Minister Tan Sri Muhyiddin Yassin and Home Minister Datuk Seri Hishammuddin Tun Hussein have warned of harsh action if investigations showed it was an inside job or the work of syndicates, including a "change" in the Home Ministry secretary-general and Immigration director-general.

On March 27, 12 Afghans and four Myanmar nationas also escaped from the depot using the same modus operandi. - Star, 4/8/2010, Detention depots to be jointly managed by Immigration and Prisons depts, and Rela

Immigration detention security beefed up

HULU SELANGOR: Twenty Rela members have been stationed at every Immigration detention depot since three days ago to beef up security there.

Rela director-general Datuk Zaidon Asmuni said the move was made following the escape of 20 Afghans from the depot at the KL International Airport in Sepang on Aug 1.

“We have ordered our members to guard the depot round the clock,” he said after welcoming the Rela 1Malaysia Merdeka Motorcycle Expedition convoy at The Woods Resort here yesterday.

Zaidon also said the number of Rela members would increase from 1.3 million to 2.5 million before the year end, as part of its move to have 2.6 million members before 2012.

He said the recruitment drive was being intensified, particularly among youths, in response to a directive by the Home Ministry’s secretary-general.

Zaidon said most youths were not keen to join Rela as the allowance was not attractive and that they were still looking for a job or furthering their studies. — Bernama, Star, 9/8/2010, Immigration detention security beefed up

See also the SUARAM Statement :-SUARAM: Changes to Immigration Detention Centres Must Respect Human Rights