Disqualification should be at end of criminal appeal - not delayed for other reason? Repeal Article 48(4)(c) FC?Will these criminal MPs still receive very high pensions?

Important to amend Constitution now - to end delay of disqualification of MPs after they have been convicted for crimes and appeals end. The petition for pardon to King or Rulers of States should not be a reason to delay disqualification of a criminal MP... Repeal Article 48(4)(c)...

Media Statement – 19/9/2022

Repeal Article 48(4)(c) of the Federal Constitution so that disqualification of convicted criminal MPs starts at the end of all criminal appeals, and not be further delayed by pardon petitions

People’s right to choose new MP should not be delayed

We, the 4 undersigned groups adopt the position that a Member of Parliament (MP) convicted of a crime, like former Prime Minister Najib Razak, should immediately be disqualified as MP after all the appeals against criminal conviction are over. This disqualification as MP by reason of criminal conviction should never be further delayed by reasons of application for pardon by King or State Ruler. As such, Malaysia must justly repeal Article 48(4)(c), the provision now in the Federal Constitution that allows further delay of disqualification as MP by reason that a petition of pardon has been filed

The Federal Constitution in Article 48(4)(c) that states that disqualification by reason of criminal conviction will be delayed ‘…(c) if within the period specified in paragraph (a) or the period after the disposal of the appeal or other court proceeding specified in paragraph (b) there is filed a petition for a pardon, such disqualification shall take effect immediately upon the petition being disposed of…’.

This means that Malaysia’s Constitution, as it is now, allows for an unjustified further delay in an MP’s disqualification, on the grounds that he filed a petition for a pardon. 'This delay denies the right of the people in the affected constituencies to choose a new MP.

Malaysians still have to to continue paying a convicted MP his salary/allowances even after the High Court finds him guilty, and then until the right of 2 appeals is exhausted. A further delay in disqualification because of a petition of pardon, means we are still paying a convicted criminal until an undefined date when the pardon is disposed of.

Further, the delayed disqualification affects the people of an affected constituency who are denied the right to speedily choose a new clean MP, rather than continue to be represented by a convicted criminal.

Malaysian had waited for 4 years after Najib was first charged July/August 2018 to the date the Federal Court finally rejected his final appeals on 23/8/2022. On 23/8/2022, Najib was finally sent to Prison on August 23 after a five-judge panel at the Federal Court upheld his 7 convictions and sentence for offences related to RM42 million in public funds from SRC International Sdn Bhd, a former subsidiary of 1MDB.

It must be remembered that Najib was found guilty of all 7 criminal charges, where the total sentence of imprisonment was 72 years being

‘(i) For the single charge under s. 23 of the MACC Act for abuse of position for gratification - imprisonment for 12 years and a fine of RM210 million (in default five years' jail);

(ii) For each of the three charges under s. 409 of the Penal Code for criminal breach of trust - imprisonment for ten years; and

(iii) For each of the three money laundering charges under s. 4 of the AMLATFPUAA - imprisonment for ten years.’

As such, despite being convicted for very serious crimes whilst he was Prime Minister/Minister, which would have resulted in Najib being imprisoned for 72 years, the courts mercifully decided that all the sentences were to run concurrently, being at the same time, so he now only had to spend 12 years in prison, and pay RM210 million fine.  Thus, even in a later consideration of a pardon, it is important that the King and/or State rulers take note of the 72 year sentence.

It is reasonable to delay disqualification of an MP until he has fully exercised his right of 2 appeals, as this right to appeals is part of the Right to A Fair Trial. Lower courts could have made a mistake, so delay until appeal/s are over is reasonable.

However, after the court’s criminal appeal processes are over there is no longer any reasonable justification yet again delay the disqualification of the criminal MP because he has filed a petition for pardon to the King or State Ruler. The pardon has nothing to do with the fact that the said MP has proven guilty beyond reasonable doubt, convicted and sentenced.

A pardon should essentially for the repentant convict, who is sorry for his/her crime and have reformed. It should never be because one was a former political party leader or is a member.

Alternatively, pardons maybe because of serious miscarriage of justice – but then, should the King or State Ruler ‘pardon’ or should it justly be dealt by the courts.

If the King or State ruler comes in fast and pardons Najib or any other convict, would it not be seen as making a mockery of the law and entire court process that lasted about 4 years, in Najib’s case.

The delay in disqualification of an MP by the making of a petition for pardon cannot be resolved until the Federal Constitution itself be amended by repealing Article 48(4)(c) of the Federal Constitution, and the opportune moment will be by the tabling and passing of a Constitution Amendment Bill when the Dewan Rakyat sits again in October.

With regard to public servants, peoples’ representatives like MPs and ADUNs, Ministers and Prime Minister, a criminal conviction ought not only lead to a disqualification of the MP, but should also include the cancellation or reduction of pension especially for those convicted for crimes related to abuse of powers, criminal breach of trust, money laundering, corruption and such crimes whilst in office.

Why should Malaysians continue to bear the burden of having to pay tens of thousands of ringgit monthly in pensions to former Prime Minister Najib, a criminal convicted for abuse of position, criminal breach of trust and money laundering until he dies, and thereafter to his dependents.

Hence, when it comes to criminal conviction of MPs, it should not just stop with the disqualification as an MP, but should also include deduction or cancelation of pension entitlements.

Should disqualification of MPs extend also to those who accept compound offers under Anti-Money Laundering and Anti-Terrorism Financing Act (AMLA) offences? After all, should not acceptance of a compound offer be acknowledged to be an ‘admittance’ of guilt. An innocent will seek trial to proof his innocence.

Therefore, we reiterate our

-          Call for the immediate repeal of Article 48(4)(c) of the Federal Constitution, that will ensure that a Member of Parliament will be disqualified when his final criminal appeal ends;

 

-          Call on Malaysia to table immediately a Constitution Amendment Bill to repeal Article 48(4)(c) at the next Dewan Rakyat sitting in October 2022;

 

-          Call for cancellation and/or reduction of pension entitlement of Ministers, Members of Parliament and/or public officers who are convicted of criminal offences whilst in office for charges like abuse of position, criminal breach of trust, corruption and money laundering;

 

-          Call on Malaysia and State governments for the enactment of clear laws/enactments that will clearly set out procedure and rights of  the pardon process, which shall also state clearly the time limit for disposal of petitions of pardon, for as it stands now, Najib’s petition for pardon may not even be disposed off for years, and so he may stay on as Member of Parliament for Pekan until the next General Elections.

 

Charles Hector

On behalf of the following groups

 

ALIRAN

MADPET(Malaysians Against Death Penalty and Torture

Saya Anak Bangsa Malaysia [SABM]

WH4C (Workers Hub For Change)

International Criminal Court: Step in the right direction, but swift action needed (Bar)

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Press Release

 

International Criminal Court: Step in the right direction, but swift action needed

Today, 17 July, is commemorated worldwide as International Justice Day.  It marks the anniversary of the adoption of the Rome Statute that established the International Criminal Court (“ICC”) in 1998. 

The ICC is an independent and permanent court to try persons accused of the most serious crimes of international concern, including genocide, crimes against humanity, war crimes and crimes of aggression.  It serves a vital role as an enduring international institution constituted to bring the perpetrators of such vicious acts to book. 

This year’s International Justice Day is especially meaningful to the Malaysian Bar, as the Malaysian Government had announced, in March, its intention to ratify the Rome Statute.  The Malaysian Bar reiterates that it applauds this pledge, and urges that the Government play its role in promoting international peace and stability by ratifying the instrument without further hesitation.

Becoming a State Party to the Rome Statute is imperative, in order to send a clear signal that Malaysia shares the international community’s commitment to end the impunity of aggressors in conflict-ridden areas of our global village and obtain justice for victims of some of the gravest crimes against humanity.  The long-term solution to international conflict must be both a resolute commitment to peace-keeping and a stern resolve to bring to justice those responsible for atrocities.

The Malaysian Bar calls on the Government to urgently join the community of 116 nation states that have thrown their weight behind the ICC and given it the moral and legal authority to deal with blatant human rights and humanitarian abuses worldwide.  As a tribunal that receives widespread respect, the ICC will, if fully supported, go a long way towards bringing about lasting peace by punishing all those who perpetrate crimes against their fellow human beings.

Joining the ICC would also be consistent with Malaysia’s membership in the UN Human Rights Council, which is responsible for upholding the highest possible standards in the promotion and protection of human rights. 

Membership of the ICC would not threaten or compromise Malaysia’s sovereignty.  The fact that the ICC operates on a principle of complementarity means that the international jurisdiction of the ICC is carefully balanced with the jurisdiction of the Malaysian courts.  The ICC is a court of “last resort” and has jurisdiction only if the national legal system of an alleged perpetrator’s home country (or the country where a crime took place) is unwilling or unable to act.

We look to the Malaysian Government to expeditiously ratify the Rome Statute and thus demonstrate its commitment to the rule of law and the cause of international criminal justice.  As ever, the Malaysian Bar is ready to assist the Government in any way we can in this regard.

Lim Chee Wee
President
Malaysian Bar

17 July 2011

Priority must be reform not just punishment - Parole system working..

It is good that we have started using the 'parole system" - whereby persons of good behavior are permitted to be outside the prison confines working and living. Of course, if they violate any of the conditions or are 'naughty', they will be sent back to prison.

There is also other forms of 'punishment' that should be considered and incorporated into the law. Community service is one. House arrest is another (there are devices to ensure that the person so sentenced stay within the area) - this would be good for younger persons.

Objective of sentencing should be reform - not only pure punishment. Reform is so much better in the long term as the prisoner would be re-entering society after serving the prison term. Would it not be better that the prisoner has been reformed - hence less chances of committing crime again.

In China, even when it comes to the death penalty, after 2 years from being sentenced, the 'condemned's ' sentence is commuted to a prison term. Judges also have the power to specifically order suspended dead sentences - i.e. so that there can be a review in 2 years to evaluate and possibly commute it to a prison term.

But Malaysia is so rigid - judges do not even have the option when it comes to sentencing in some cases. If convicted, in some case, the only sentence available is death. We really need to get rid of these 'mandatory sentences' set by the Legislative arm of government. The Legislature should only set minimums and maximums, and leave it to the Judge to decide on the actual sentence to be handed down, which should be based on the facts and circumstances of the case.

Prisoners on parole numbering 777 have successfully served their time outside the prison walls since the system was introduced 18 months ago, said Prisons Depart-ment director-general Datuk Zulkifli Omar.

Saying the success rate was very high, he added that only 20 of them were thrown back into prison for breaching the rules and that 193 convicts were still under parole.

He said a total of 990 convicts were eligible for parole under the system that was introduced in July 2008.

Asked if the system had helped reduce over-crowding, Zulkifli said eight of the 31 prison institutions in the country were still over-crowded.

“Eligibility for parole is limited to those who have served half their sentence,’’ he said after accompanying Malaysia Crime Prevention Foundation vice-chairman Tan Sri Lee Lam Thye to the Kajang Prison Complex here yesterday.

To further check prison overload, plans are in the pipeline to introduce a new prison system catering to specific categories such as remand cases, convicted cases, women and juvenile, he said.

He also noted that one-third of the prisoners were foreigners and 50% of the cases involved breaking immigration rules. “We have 35,103 prisoners nationwide, of which 10,800 are foreigners.’’

Meanwhile, Lee said the parole system was good to sensitise the public and potential employers to accept rehabilitated convicts.

“Through the system, convicts would be given a chance to prove their performance at work.. “Otherwise, under normal circumstances, employers tend to immediately reject applicants who are ex-convicts,’’ he said.

He also called on parents and the community to keep an eye on ex-convicts and give them the moral support for rehabilitation.- Star, 20/1/2010, New parole system proves to be successful

What happens when an undocumented migrant is robbed, beaten-up, raped?

What happens when an undocumented migrant is robbed, beaten-up, raped?

Can they go make a police report?

Many victims of crime are afraid that when they do go and make a report - it is they, the victims, who may end up getting arrested, detained and deported - because they are 'undocumented'?

Victims of crime get no justice - from the frying pan, they just end up in the fire..

And...the perpetrators of these crimes just get away scot free.

Victims of crime should have the ability to go report the crime - and be not persecuted by reason of their legal status in Malaysia...

US Senate beat Malaysia in acting on the 'corruption and refugee' allegations

There are many refugees and asylum seekers in Malaysia today - FACT.

These refugees come mainly from Burma (Myanmar), Southern Thailand, Southern Philippines,...

Refugees normally just run for their life and liberty, and this means that many would have not left their country 'legally' or entered Malaysia "legally". Most will not even have passports.

How many refugees are there? Between 100,000 to 400,000...we really do not know.

Malaysia treats many of these refugees as undocumented migrant workers - but really they are not. They are refugees and asylum seekers, and they should be seen as such.

Remember Malaysia has 2.4 million documented migrant workers [and maybe another 3-5 million undocumented migrants]

The problem today is the UNHCR - who only registers refugees, and let them go. Where would they get money for food and board? Where would they stay? With the Vietnamese refugees in the 70s and 80s, there were UNHCR Refugee Camps where the refugees stay until they are sent to a third country...(or until they were sent back to Vietnam...)

UNHCR controls the branding of persons who are refugees - but alas, they too have their prejudices and politics.

I believe that the Malaysian Government should take on the role of giving recognition as refugees/asylum seekers. In fact, State Governments can also do so - maybe Pakatan Rakyat should start...

Of late, over and above the hardships that these migrants suffer - there was news about Malaysian officials involved in asking for money, and if not they will be 'sold' like slaves...Allegations have been made sometime ago - but alas, Malaysia have been slow to act, to investigate, to act against those errant officers, and put a stop to it.

Shame - shame Malaysia - for some US Senate Committee have looked into it before us - and have released a damning report...

It should have been SUHAKAM, some Parliamentary Select Committee, some Commission of Inquiry in Malaysia ....

Malaysia must now look into this and act against the perpetrators ...(but we may be hoping for too much, for Najib just appointed person/s found guilty for 'corruption' or corrupt practice into the UMNO Supreme Council. So serious was the wrong that the Disciplinary Committee did not stop at a stern warning but barred him from contesting for the No.2 post in UMNO.)

Appointed Supreme Council members:

- Datuk Kamilia Ibrahim (Wanita)

- Datuk Razali Ibrahim (Youth)

- Dr Wan Norashikin Wan Nordin (Puteri)

- Datuk Seri Dr Rais Yatim

- Datuk Seri Nazri Abd Aziz

- Datuk Jamil Khir Baharom

- Raja Nong Chik Raja Zainal Abidin

- Datuk Seri Mohd Ali Rustam

- Tan Sri Rafidah Aziz

- Datuk Abdul Ghani Othman

- Datuk Seri Shahidan Kassim - Star, 24/4/2009, Umno to hold special assembly to amend constitution

So, is Malaysia capable of doing anything with regard to this issue...

WASHINGTON, Apr 23 (IPS) - The mistreatment of Burmese migrants, asylum seekers and refugees in Malaysia is the focus of a report released Thursday by the U.S. Senate Committee on Foreign Relations.

After receiving disturbing reports of trafficking in 2007, committee staff conducted a year-long review of the allegations. The report, "Trafficking and Extortion of Burmese Migrants in Malaysia and Southern Thailand," is based on first person accounts of extortion and trafficking in Malaysia and along the Malaysia-Thailand border. Committee information comes from experiences of Burmese refugees resettled in the United States and other countries.

Many Burmese migrants, escaping extensive human rights abuses perpetrated by the State Peace and Development Council (SPDC) and the Burmese military junta, travel to Malaysia to register with the United Nations High Commissioner for Refugees (UNHCR), for resettlement to a third country, according to the report.

Once in Malaysia, Burmese migrants are often arrested by Malaysian authorities, whether or not they have registered with the UNHCR and have identification papers. Burmese migrants are reportedly taken by Malaysian government personnel from detention facilities to the Malaysia-Thailand border for deportation.

Upon arrival at the Malaysia-Thailand border, human traffickers reportedly take possession of the migrants and issue ransom demands on an individual basis. Migrants state that freedom is possible only once money demands are met. Specific payment procedures are outlined, which reportedly include bank accounts in Kuala Lumpur to which money should be transferred.

It has become commonplace for the authorities to use the vigilante RELA force to periodically arrest and "deport" Rohingyas, a Muslim minority, but since Burma does not recognise them as citizens, the practise is to take them to the Bukit Kayu Hitam area on the Thai-Malaysia border and force them to cross over into Thailand.

Migrants state that those unable to pay are turned over to human peddlers in Thailand, representing a variety of business interests from fishing boats to brothels.

Human rights activists have long charged that immigration, police and other enforcement officials, have been "trading" Rohingyas to human traffickers in Thailand who then pass them on to deep sea fishing trawler operators in the South China Sea.

"People seeking refuge from oppression in Burma are being abused by Malaysian government officials and human traffickers," said Elaine Pearson, deputy Asia director at Human Rights Watch.

The committee has received numerous reports of sexual assaults against Burmese women by human traffickers along the border. One non-profit organisation official states that "Most young women deported to the Thai border are sexually abused, even in front of their husbands, by the syndicates, since no one dares to intervene as they would be shot or stabbed to death in the jungle." Women are generally sold into the sex industry.

"(The Burmese refugees) are treated as a commodity and frequently bought and sold and we have been condemning this practise for a long time," Irene Fernandez, executive director of Tenaganita, a non-profit group that protects migrant workers, told IPS in January. "Our demands have always fallen on deaf ears despite the accumulating evidence of the involvement of uniformed officials in the trade."

The report, the first of three, states that Malaysia does not officially recognise refugees, due in part to concern by the government that official recognition of refugees would encourage more people to enter Malaysia, primarily for economic reasons. Also, Malaysian officials view migrants as a threat to Malaysia’s national security.

"Malaysia does not recognise key international agreements on the protection of refugees and foreign nationals. Nor does it apply to foreign migrants the same rights and legal protections given to Malaysian citizens," Fernandez said.

Foreign labor is an integral building block of Malaysia’s upward economic mobility. While Malaysia’s total workforce is 11.3 million, there are approximately 2.1 million legal foreign workers and an additional one million illegal workers, though no accurate information is available.

While Malaysia accepts the presence of Burmese and others from outside of the country for the purpose of contributing to the work force, persons identified as refugees and asylum seekers on their way to a third country are viewed as threats to national security.

In an interview with The New York Times, RELA’s director-general, Zaidon Asmuni, said, "We have no more Communists at the moment, but we are now facing illegal immigrants. As you know, in Malaysia, illegal immigrants are enemy No. 2."

Many of the approximately 40,000 Burmese refugees who have resettled in the United States since 1995 have come via Malaysia.

In August 2008, committee staff met separately with officials in Malaysia’s immigration department and the prime minister’s office, to convey the committee’s concern regarding the extortion and trafficking allegations. Immigration Director-General Datuk Mahmood Bin Adam and long-time immigration enforcement official Datuk Ishak Haji Mohammed denied the allegations of mistreatment against Burmese migrants at the hands of immigration and other Malaysian officials.

As reported recently in the Malaysia Star, "Home Minister Datuk Seri Syed Hamid Albar also denied claims that thousands of illegal foreigners held at detention centres were 'being sold off' to human trafficking syndicates. ‘I take offence with the allegation because neither the Malaysian Government nor its officials make money by selling people.’"

However, according to the report, on Apr. 1, 2009, Inspector-General of Police Tan Sri Musa Hassan stated that an investigation has been launched.

The flow of refugees from Burma to Thailand, Malaysia and other countries has cost Burma’s neighbours millions of dollars in food and humanitarian assistance. The committee calls on officials of impacted ASEAN countries to measure the financial cost of hosting refugees displaced from Burma, and to request financial compensation from Burma’s military junta for costs incurred in caring for the refugees.

It asks the government of Malaysia to address the trafficking, selling and slavery of Burmese and other migrants within Malaysia and across its border with Thailand. As a signatory to the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), Malaysia is urged to consider alternatives to detention for refugees and asylum seekers, especially for women and children.

"Malaysian Prime Minister Najib Razak should act on this U.S. Senate report to protect the rights of refugees and victims of human trafficking," said HRW’s Pearson.

The report advises the U.S., in coordination with other donor countries, to continue providing funds to facilitate sharing of information on human trafficking among authorities of Thailand and Malaysia; and to provide technical and other assistance to the governments of Malaysia and Thailand so that the trafficking of Burmese and other migrants may be more actively pursued and prosecuted. - IPS, 23/4/2009, MALAYSIA: Burmese Refugees "Treated Like a Commodity"

Back home, Malaysiakini reported that pressure is again on Najib to do the right thing..

There is mounting pressure for newly-minted Prime Minister Najib Abdul Razak to take action in the wake of a damning United States Senate report on human trafficking in Malaysia.

MCPX

New York-based Human Rights Watch has called on Najib “to protect the rights of refugees and victims of human trafficking.”

Meanwhile, veteran parliamentarian Lim Kit Siang urged the government to respond to allegations that Malaysian officials are complicit in the human trafficking of refugees.

“This is not only most damaging to Malaysia’s international image but raises also grave questions about Malaysia’s human rights commitment in Asean,” said Lim.

Two days ago, the US Senate released a report which once again put Malaysia under the spotlight on its long-standing problem of human trafficking.

The report was the result of investigations prompted by allegations of the trafficking of thousands of Burmese refugees in Malaysia who were held in detention centres around the country.

They were deported to the Thailand-Malaysia border, where they were extorted for up to RM2,000 each in return for safe journey back to Malaysia.

According to the report, as many as 10 percent of these refugees never made it back to Malaysia because of their inability to pay their ransom and were sold to human peddlers.

The male refugees were mainly sold as slaves into fishing industries, factories, plantations, while the female refugees were either sold as sex or domestic workers. There was no documentation on the fate of children.

‘Most young women deported to the Thai border are sexually abused, even in front of their husbands, by the syndicates, since no one dares to intervene as they would be shot or stabbed to death in the jungle,’’ an NGO worker was quoted by the report.

The Senate Committee on Foreign Relations which produced the report, titled ‘Trafficking and Extortion of Burmese Migrants in Malaysia and Southern Thailand’, comprised 18 senators led by former Democrat US presidential candidate John Kerry.

Gov’t officials in cohort with traffickers

In addition, the report cited troubling allegations of Malaysian officials - including Immigration Department officials, police and Ikatan Relawan Rakyat (Rela) officials - colluding with human traffickers for personal gain.

“Burmese migrants are reportedly taken by Malaysian government personnel from detention facilities to the Malaysia-Thailand border for deportation. Upon arrival at the Malaysia-Thailand border, human traffickers reportedly take possession of the migrants and issue ransom demands on an individual basis,” said the report.

“Migrants state that freedom is possible only once money demands are met. Specific payment procedures are outlined, which reportedly include bank accounts in Kuala Lumpur to which money should be transferred.

“The committee was informed that on some occasions, the ‘attendance’ list reviewed by traffickers along the border was identical to the attendance list read prior to departure from the Malaysian detention facilities.”

The matter was of interest to the US because the approximately 40,000 Burmese refugees that have resettled in Malaysia since 1995 came mainly from Malaysia.

Currently, Malaysia has not acceded to both the 1951 Refugee Convention and the 1967 Protocol on Refugee, and does not officially recognise refugees, although the government allows the United Nations High Commissioner (UNHCR) to carry out registration and resettlement of refugees.

The report also criticised Rela for possessing too much power and noted allegations of their aggressive treatment towards refugees, including arresting and detaining refugees regardless of UNHCR documentation.

Under the 2005 Malaysian Securities Regulation, the volunteer corps allows members to arrest and detain suspected illegal immigrants, enter premises without a search warrant, bear firearms and demand documents.

First-hand accounts of extortion

The report also quoted first-hand accounts of trafficking and extortion.

One victim recounted how he received threats that he would be beaten, shot and killed if he was unable to pay up his ransom.

Another victim described that he was taken to Thailand-Malaysia border twice by Malaysian immigration officials and forced to pay RM3,000 for his release on both occasions.

“When we arrived at the Thai border, it was already dark. The Thai agents were already there when we arrived at the border river bank. The agents took us to Thailand by boat. The city we arrived in was [deleted]. We were there for about a week. The Thai agent gave us very bad meals, they fed us twice a day.

“They asked us to contact our friends and family who live in Kuala Lumpur. My friend sent RM1,500 to Hat Yai from Kuala Lumpur by [deleted] Bank. After they received the money, I was sent back to Kuala Lumpur. After a week, I was arrested again and sent to the Thai border again.’’

One was told that inability to pay ransom would result in him being sold to Thai agents to work in the sea as a fisherman without pay.

Many others noted that they were returned to Malaysia after their friends in Kuala Lumpur paid up their ransom.

Nevertheless, the committee credited the Malaysian government for allowing UNHCR to carry out refugee protection and assistance activities since 1975.

The report also revealed that on April 1, police chief Musa Hassan announced that the police has started investigations on allegations of extortion and human trafficking of Burmese refugees.

Recommendations for Malaysia

In its list of recommendations, the report suggested that relevant governments and organisations request for financial compensation from Burma’s military junta for costs incurred in caring for refugees.

Government, police and anti-corruption officials were also implored to address the trafficking selling and slavery of refugees, assist victims of trafficking within the country.

In addition, they were encouraged to consider alternatives to detention for refugees and asylum seekers, especially women and children.

Lastly, the report appealed for unhindered access for UNHCR officials to all facilities within the country where refugees are detained so that they may carry out registration work, and for the abolishment of Rela.

As of now, there are approximately 87,000 Burmese refugees in Malaysia who fled Burma because of ethnic and political persecution by the military junta.

Of these, only 57,000 are registered, with the majority being Chins (25,000) and Rohingya Muslims (16,000), and the remainders including ethnic Arakanese, Kachin, Karen, Shan and Mon.

However, despite the release of the scathing report, the authorities have not let up on their effort to round up refugees.

“The Malaysian authorities rounded up and detained some 300 migrants, including small children, during raids in the Imbi neighborhood of Kuala Lumpur late Wednesday night,” lamented advocacy officer Amy Alexander from California-based Chin Human Rights Organization.

Kennedy Lal Ram Lian, coordinator of the Chin Refugee Centre in Kuala Lumpur, said: “No one has been released - not even UNHCR card holders. More than 10 Chin detainees are UNHCR-recognised refugees awaiting resettlement to a third country. If they are deported to the border, they are at risk of being sold to traffickers.”

Government in denial

Meanwhile, opposition parliamentarian Lim has sought a meeting with government leaders to discuss the controversy.

“The Malaysian Parliamentary Caucus on Myanmar will convene a meeting on the (US Senate) report and seek a meeting with Najib and the new foreign minister, Anifah Aman.”

However, his parliamentary colleague Charles Santiago (right) is pessimistic that action would be taken.

“Instead of acting on these recommendations ... ministers would categorically deny the report, rubbishing it as an attempt to discredit the government,” predicted the Klang MP from DAP.

After all, former home minister Syed Hamid Albar had denied such claims before.

“I take offence with the allegation because neither the Malaysian government nor its officials make money by selling people,” he was quoted to have said.

Santiago said he had repeatedly raised the issue in Parliament.

“They would sing the same rhetoric of having carried out an investigation on the immigration officers and found them to be squeaky clean.”

The MP nevertheless called on new Home Minister Hishammuddin Hussein to open a new investigation on the matter. - Malaysiakini, 25/4/2009, Najib told to act on damning trafficking report

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.