Showing posts with label RELA. Show all posts
Showing posts with label RELA. Show all posts

Wednesday, October 24, 2012

Malaysia Volunteers Corps Bill 2012 reduces powers of over 2.9 million RELA

The role and powers of RELA will be reduced by new Malaysia Volunteers Corps Bill 2012

- no longer have the power to make arrests or carry firearms

- no longer specifically targeting migrants...

BUT.... is this enough? ABOLISH RELA...need more police - get more police > no need for a volunteer vigilante force in Malaysia

Want to be a volunteer - be a  volunteer police, volunteer army personnel,  volunteer firemen, volunteer civil defence,...there are so many volunteer opportunities

 2,924,065 RELA , about 90,000 armed forces, about 90,000 - 100,000 police...

THE powers of the People's Volunteer Corps (Rela) will be outlined in a new law which comes into effect next month. The new Act is aimed at preventing the abuse of power and impersonation of Rela members. Under the new law, which also sets the enrolment age for Rela members at 18 and limits their tenure to five years, they will no longer have the power to detain, arrest or carry firearms. 

PETALING JAYA: A new law to refine the powers of the People's Volunteer Corps (Rela) comes into effect next month with strict measures to curb misuse of authority and impersonation of its members.

Under the Malaysia Volunteers Corps Bill 2012 passed in Parliament on April 20 and expected to be gazetted next month, Rela members would no longer have the power to make arrests or carry firearms.

Anyone found guilty of impersonating a Rela member can be jailed up to three years, fined a maximum of RM5,000 or both.

The law also requires those who are no longer members to return their uniforms and certificate of appointment within 14 days of leaving the corps.

Previously, it was not an offence for them to keep their uniforms even after resigning from the agency.

“Those who fail to return the uniforms and certificate after leaving can now be taken to court,” said Deputy Home Minister Datuk Lee Chee Leong, adding that the maximum penalty for doing so would also be a prison term of three years, a fine of RM5,000 or both.

The new law also limits the period of enrolment for Rela members to five years, after which, the status of membership has to be renewed by an authorised officer.

Those below the age of 18 would also have their membership revoked under the increased age requirement when the Malaysia Volunteers Corps Act 2012 comes into force from June 22. The existing enrolment age for Rela members is 16 for girls and 17 for boys.

As of March 31, the total number of volunteers in the corps stood at 2,924,065.

Lee said the new law was expected to curb crime cases involving the impersonation of Rela members.

In March last year, police arrested two men who robbed and raped a woman after claiming to be police officers.

Two of their accomplices, including a Rela member who had lent his handcuffs to the duo, were held.

In 2006, robbers masquerading as Rela members drove off with RM47mil worth of microchips from the air cargo complex in Penang.

MCA Public Complaints and Services Department head Datuk Seri Michael Chong, who is also an honorary Rela member, welcomed the move to limit the membership to five years saying it would facilitate the management of members.

However, he said making Rela members return their uniforms would not be effective in addressing impersonation.

“If people want to misuse the uniform, they can easily buy it at shops or even online,” he said yesterday.

Chong said there were numerous shops selling uniforms and paraphernalia of all enforcement agencies, complete with their rank.

“This can only be addressed through strict enforcement on the sale of these uniforms,” he said.

Malaysian Crime Prevention Foundation chairman Tan Sri Lee Lam Thye said there was no reason for former members to hold on to their uniforms.

“We don't want to see people who are no longer Rela members misusing the uniforms to carry out or enforce laws,” he said.

Rela director-general Datuk Mustafa Ibrahim said the Home Minister would be making an official announcement on the Bill and several other laws passed recently.

Datuk Seri Hishammuddin Hussein had earlier said in Parliament that the Government had taken the public's views into consideration when drafting the Bill. - Star, 28/5/2012, New law refines Rela powers

 

Volunteer corps still Rela-vant?

QUESTION TIME By P. GUNASEGARAM
t.p.guna@gmail.com


The time has to come to ask whether the three million strong Rela is still relevant to our times and if it should be substantially scaled down.

ONE of the most amazing things about the People’s Volunteer Corps, or Rela, is simply its size – almost three million strong, that’s more than one for every 10 men, women and children who live in Malaysia and may be about the population of core Kuala Lumpur!

In comparison, Armed Forces personnel in Malaysia account for a mere 90,000 while the police account for a like number compared with the 2.94 million Rela members as at March 31, according to news reports.

That means Rela members outnumber Armed Forces personnel by more than 30 to one and both Armed Forces and the police personnel by more than 15 to one.

The circumstances under which it was formed are somewhat vague and why its size increased to become so large is puzzling. It was set up in 1972 under the Emergency Act 1964.

The rationale apparently was after the May 1969 racial riots, they were needed to help the police preserve and maintain national peace and security. But it was some three years after the riots.

In 2005, Rela members had their roles substantially expanded. The amendment of the Essential (Ikatan Relawan Rakyat) Regulations in 2005 expanded Rela’s powers to include the right to bear and use firearms, stop, search and demand documents, arrest without a warrant, and enter premises without a warrant.

These powers can be exercised if Rela members have reasonable belief that any person is a terrorist, undesirable person, illegal immigrant or an occupier. Under the Public Authorities Protection Act 1948, Rela officers are immune from prosecution in relation to their conduct.

Subsequently, there were many reports and allegations about Rela members exceeding their authority, including a recent case where a suspected robber was beaten to death in a condominium.

Reports also cited Rela members as having been involved in crime, while others have impersonated Rela officers to commit crimes.

It was this that probably prompted the Government to revise the laws to restrict the powers of Rela members. It was reported that under the Malaysia Volunteers Corp Bill 2012, passed in Parliament on April 12 and expected to be gazetted next month, Rela members will no longer have the power to carry firearms or make arrests.

Impersonating a Rela officer becomes a crime which is punishable with a fine and a jail sentence of up to three years, while the law requires officers to return their uniforms and certificates of appointment within 14 days of leaving the corp.

These are welcome moves by the Government, but there is also a need to severely restrict and curtail the power of Rela lest it becomes a law unto itself. With its membership outnumbering police and Armed Forces personnel by 15 to one, that is an overriding concern that the Government must address.

To have nearly three million citizens in a volunteer force which has access to arms is clearly undesirable and it is now necessary to ensure that arms held by Rela members are returned according to set procedures so that there is no chance whatsoever of them being misused.

The other factor that needs to be raised is costs. How much does it take to train three million people in the use of firearms and law and order maintenance?

The question that is crying out to be asked is why not use this money to recruit and train full-time policemen who can then be deployed on the streets to fight crime on a daily basis and who will be fully and professionally trained in the use of firearms, the law and crime-fighting?

It may be easily possible to increase the size of the force by, say, 50% and give police personnel more benefits, too.

If it is the intention of the Government to bring a large section of the public into the area of law enforcement, civil defence and as reserve force to protect the country from external threats, then the best way to do that is to go for national service so that all sections of the public are represented in the defence corp.

Otherwise, it would be better for the Government to go the full distance in terms of reforming Rela and make it a much smaller auxiliary force which will merely supplement the police in terms of non-force duties such as traffic control at events and so on.

That will mean a substantial scaling back of Rela so that its size is no more than the size of the police and armed forces combined and its members reflect the population composition of the country.

The first steps have been taken no doubt, but it would be better if reform of Rela went the whole way.

> Independent consultant and writer P. Gunasegaram detests half measures. If something is worth changing, it is worth changing well. -Star, 30/5/2012, Volunteer corps still Rela-vant?

Tuesday, July 19, 2011

RM67 mil - spending too much for RELA, a voluntary force..

The problem in Malaysia is that it is so difficult to get information - in fact, information that were easily available at official government/Ministry/Department websites are slowly being made unavailable. As an example, crime statistics in Malaysia - before we could find information of the number of serious crimes (reported) and even information about status of investigation, etc - we had info on murder, armed robbery, and various other crimes... but today, I cannot find these information ...

Sadly, many of the 'government' websites seem to be having more information about tender applications, ect... but less information about what matters..

So, much so, the only way we can get answers is through questions in Parliament - but the space for oral questions is too limited, and when it comes to written questions ... sadly many MPs just do not share the answers they get with the people.... (Pakatan Rakyat and the Opposition parties really should compile a list of questions that have been asked and the answers given...) Even our Parliament website do not have these 'written questions and answers' - it should be easily made available to members of the public - so, we do not have to ask questions already asked and answeres..

Gwo-Burne Loh(PKR Kelana Jaya) stands out as an exception as he circulates the answers he receive to civil society and  others... Below the question and the answer about RELA...(and my rough translation to English is in italic bold...)

JAWAPAN BAGI PERTANYAAN BUKAN  LISAN PADA JUN 2011
Answer to the Non-Verbal Question on June 2011
SOALAN:
Question:

TUAN GWO-BURNE LOH [Kelana Jaya] meminta MENTERI DALAM NEGERI menyatakan jumlah anggota RELA setakat April 2011 dan berapakah peruntukan kewangan dari Kementerian Dalam Negeri bagi RELA dari tahun 2006 hingga 2010.
TUAN GWO-BURNE LOH [Kelana Jaya] asked the Home Minister to state the number of RELA members as of April 2011 and how much was the financial allocation from the Home Ministry for RELA from year 2006 until 2010.

JAWAPAN:
Answer:

Saya mengucapkan ribuan terima kasih kepada Ahli Yang Berhormat Kelana Jaya yang mengemukakan pertanyaan tersebut.
I thank you for raising that question

Untuk makluman Yang Berhormat dan Dewan Yang Mulia ini bahawa sehingga 30 April 2011 sejumlah 2,629,117 orang telah mendaftar menjadi ahli RELA.
For your information, as of 30 April 2011 a sum of 2,629,117 persons have registered as RELA members

Manakala peruntukan kewangan daripada Kementerian bagi RELA dari tahun 2006 sehingga tahun 2010 adalah seperti berikut:
In terms oof allocation from the Ministry for RELA from 2006 until 2010, it is as follows:-

2006 – RM8,966,325.00
2007 – RM47,101,406.90
2008 – RM 67,757,042.00
2009 – RM 59,147,968.97
2010 – RM 67,071,253.10


Tuesday, March 29, 2011

Minister must not be messing in judiciary's affairs. Abolish RELA. Increase IOs.

It is sad that the Malaysian government is still increasing the numbers in RELA, when RELA should really be banned.

Why should RELA be banned? Good to have a look at the Malaysian Bar Resolution on this.

What should be done if we need more personnel to patrol the streets of Malaysia and reduce crime, is the increase in the number of police officers and other enforcement officers. Full time, professionally trained personnel, not a volunteer vigilante squad, which seems to be more for political gain of the BN government. I see it as an effort of BN to reach out to especially the youth and middle-aged population in Malaysia, and we see that the appointed leaders are also these politicians.

If there was an increase in the volunteer police force, the 'bosses' would be the current leaders of the police. If it were volunteers in the armed forces, then again, the leaders would be from the armed forces. If it were volunteer fire fighters, then the leadership would be from the fire department. If it were volunteer civil defence, again the leadership comes from the Civil Defence - but when it comes to RELA, we see politicians being made leaders, this certainly is not right. 

Who monitors this RELA? Note that RELA now has maybe more protection from civil and criminal liability than the police. Their powers also may exceed the police. And, they can carry guns...

Home Minister Datuk Seri Hishammuddin Hussein, gets it right when he talks about increasing the number of investigating officers in the police force, and decreasing their workload so that there can be efficient investigations carried out. 

Every time a police report is made, the complainant is referred to an investigating officer who will then record a more detailed statement and get more information from the complainant. Every day there are many reports lodged, so the question was when will the investigation officer have the time to the further investigation needed. Now, he still has to investigate 20 cases, over and above the normal work...and, it is good that the government is planning to reduce this to 5. Maybe, no hard and fast rule can be placed - for it really depends on the nature of the cases being investigated, a more serious crime and/or complicated case may require much more time spend on it. We really need much much more trained and competent investigation officers in our police stations, and the government should be recruiting more - not just resorting to bring in retirees.
'specialist teams of high performing judges' - this does not make any sense. Will there be classes of judges now? High-performing and non-high performing? Specialist and non-specialist? Further, in the doctrine of separation of powers in a democracy, judges come under the independent judiciary, and as such the executive has no business interfering in the judiciary. All judges must be good, competent, efficient and most importantly independent, if not they should never be appointed by the King and if they are incompetent, then they must be removed. 

"High Performing" - this is not what we want, if it is based on the number of cases they dispose off in a month or a fixed period. What we need is competent and efficient judges, and it is not 'speed' or 'quotas' that should be the measure, but whether they are acting justly and giving decisions that are just. Pressuring judges otherwise would not only be wrong, but justice would suffer. What Malaysia needs has always been an increase of the number of judges and courts, and in a country of 28 million, we need 280 High Court judges to make it 10 judges for every million, and this will also not meet the Indian quota (about 6 years ago) where it was 10.5, or that in other developing nations where it is about 50 to a million. Just like the IOs, what the government must do is to increase the number of judges and courts, and decrease their existing workload so that they can be more efficiently focusing and disposing the cases before them.

According to Federal Court chief registrar Datuk Tengku Maimun Tuan Mat, the number of judges in the country was low compared with other Commonwealth nations. 

The Malaysian ratio is 2.4 judges to a million people — a far cry from the ratio in India (10.5 judges), Australia (57.1), Britain (50.1) and Canada (75).- 2.4 judges to a million people



single

POLICE last year cleared 2,001 backlogged violent crime cases and brought 5,222 suspects to court. 

Clearing backlogged and current cases is one of the most challenging National Key Performance Indicators (NKPI) set in the Government Transformation Programme (GTP)'s Reducing Crime National Key Result Areas (NKRA).

The GTP reported that the toughest area to address was cases involving multiple stakeholders.

Backlogged cases are also generally much more difficult to address with some files stretching back to five years. Clearing the backlog of violent crime cases requires close cooperation between the courts, the Attorney-General's Chambers and police.

The collaboration between the police and the A-G's Chambers during investigations have been enhanced. The aim is for the officers to get guidance in evidence gathering from the deputy public prosecutor (DPP). Supervision from DPPs and senior investigating officers will ensure quality investigations.

The criminal prosecution system has been strengthened through collaborative efforts between the Home Ministry and 30 other enforcement and relevant agencies.

They are looking into deterring the postponement of cases and to ensure that those out on bail do not commit more crimes.

Measures to facilitate the clearance of backlogged cases include:

- Increasing the number and efficiency of investigating officers (IO);

- Identifying high performing officers, hiring retired experienced officers and setting up flying squads;

- Setting up specialist teams of high performing judges; and,

- Accelerating the bill on amendments to the Criminal Procedure Code (CPC), implementing plea bargaining and tendering witness statements.

The Reducing Crime NKRA, led by Home Minister Datuk Seri Hishammuddin Hussein, is also looking into reducing the workload of IOs to five investigation papers a month.

Currently, IOs handle up to 20 investigation papers a month besides having to look into daily non-core tasks that could distract them from quality investigations.

Increasing the number of IOs in all police departments -- such as narcotics, traffic, forensics and criminal investigation -- by hiring retirees with good performance records will reduce the workload.

A bigger pool will also enable officers to become experts in certain types of cases and crimes.

Part of the NKRA is to train IOs to adhere to standard operating procedures when investigating violent crimes. This is to ensure that IOs gather the necessary evidence for a successful prosecution.

Other initiatives include setting up special courts for street crimes. Such cases will be subject to a new special code (J Code) by the police, the A-G's Chambers and the courts, to speeding up hearings.

Similarly, the workload of DPPs has been reduced to ensure quality prosecutions. They perform two tasks -- to clear investigation papers and conduct prosecutions.

The Reducing Crime NKRA seeks to develop a pool of specialist DPPs for effective prosecution.

Other measures include expanding the court recording and transcribing system to enhance efficiency.

Proceedings are recorded by typists and transcribers, making it easier for judges to approve their trial notes before distribution to lawyers.

Several improvements have been introduced to witness management to ensure their security.

These include separate entrances to prevent intimidation by the accused, as well as police handling to ensure the presence of witnesses in court.

To deter minor and first time offenders from repeating their offences, they are now subjected to tough community sentences designed to rehabilitate them. _ New Straits Times, 28/3/2011, Joint efforts see speedier disposal of court cases

LAWYERS UNANIMOUS IN CALL FOR THE DEMISE 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 31st 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 18th 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

Monday, August 30, 2010

Why a DAP MP gave RELA money? Pakatan Rakyat must call for the abolition of RELA.

RELA - The call of the Malaysian Civil Society, including the Malaysian Bar is for the abolition of RELA - and, it saddens me to see a DAP Member of Parliament handing over money to RELA. Does this mean that the DAP (and maybe even the other Pakatan Rakyat parties) now accept the RELA...and is no longer calling for its abolition? It is very disturbing...as I worry that soon after they take over the Federal Government, they may also keep the ISA and other bad laws and still use them.

The call for the abolition of RELA is based on principle and one has to be firm in their stance. You cannot be using them...or paying them money...for 'other reasons' for by doing so, you really are acknowledging them and their very existence.

Teo was invited to the Al-Muhajirin surau, Bukit Mahkota where she also handed RM500 to People Volunteer Corps (Rela) personnel.- - Malaysiakini, 30/8/2010, Teo attends another surau function
Let us be reminded the reason why RELA must be abolished...

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.

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.
The Malaysian Bar Resolution explains it best...

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 31st 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 18th 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
See earlier post:- Recalling why RELA must be abolished....

Friday, August 27, 2010

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 31st 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 18th 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