Who funded the 6P programme? - Private Funding Initiative (PFI)? So who funded, and why?

Malaysian government in Parliament said that they did not spend money on the 6P programme -  and that it was a Private Funding Initiative (PFI) - so the question is where did the funding come for the national registration exercise of documented and undocumented migrants in Malaysia? 

Below, the government response to an oral question in Parliament:-

(The question was how much was spend and how much was earned in the 6P project in 2011. What are steps that will be taken by the Ministry to overcome worker shortage in the service and manufacturing sectors in Malaysia. Interestingly the question was directed to the Minister of Home Affairs, not the Minister of Human Resources - and it seems that the answer came from the Home Minister..

PEMBERITAHUAN PERTANYAAN DEWAN RAKYAT
PERTANYAAN       :         LISAN
DARIPADA            :        YB PUAN TERESA KOK SUH SIM (SEPUTEH)
TARIKH                :         3 APRIL 2012

SOALAN :
YB. PUAN TERESA KOK SUH SIM (SEPUTEH) minta MENTERI DALAM NEGERI menyatakan jumlah perbelanjaaan dan jumlah pendapatan yang terlibat dalam projek 6P pada tahun 2011. Apakah langkah yang akan diambil oleh Kementerian untuk mengatasi masalah kekurangan pekerja dalam industri perkhidmatan dan pembuatan di Malaysia.

JAWAPAN :
Terima kasih saya ucapan kepada Ahli Yang Berhormat Seputeh yang mengemukakan pertanyaan.
Untuk makluman Ahli Yang Berhormat, Program 6P dilaksanakan dengan tujuan untuk mewujudkan satu pangkalan data dan rekod biometric warga asing di Negara ini.

Program 6P dilaksanakan melalui kaedah Private Funding Initiative (PFI), oleh itu Kerajaan tidak menanggung kos operasi badi perlaksanaan program tersebut.

Di antara impak positif perlaksanaan Program 6P adalah seperti berikut:

1. berupaya mengumpul data berhubung jumlah PATI yang berada di dalam Negara;
2. membantu memantapkan pemantauan dan penguatkuasaan terhadap wangsa asing melalui pengambilan data biometric, sekali gus meningkatkan kawalan keselamatan negara;
3. membantu menangani isu pemalsuan identity dan dokumen perjalanan melalui pendaftran data biometric cap jari yang tidak boleh dipalsukan;
4. memenuhi segera keperluan pekerja asing sector-sektor ekonomi melalui process pemutihan PATI tanpa perlu membawa masuk pekerja asing baru; dan
5. menangani isu ketirisan dalam pengutipan levi pekerja asing dan sekali gus meningkatkan hasil pendapatan Negara.

Program 6P adalah sebahagian daripada usaha penting dalan agenda Kerajaan untuk memantapkan pengurusan warga asing di Negara ini, sekali gus membantu menangani jenayah rentas sempadan khususnya jenayah pemerdagangan orang dan penyeludupan manusia.

Tuan Yang Di-pertua,

Kerajaan telah mengambil beberapa langkah untuk mengatasi masalah kekurangan pekerja dalam industry perkhidmatan dan pembuatan di Malaysia. Selaras dengan Program 6P ini juga Kerajaan telah menangguhkan pengambilan pekerja asing dari luar. Walaubagaimanapun, pihak Kerajaan memberi peluang kepada majikan dan industry untuk mendapatkan pekerja asing melalui Process Pendaftaran dan Pemutihan yang sedang dilaksanakan.

Bagi tujuan ini, pihak Kerajaan telah melonggarkan beberapa syarat dan peraturan di bawah Program 6P ang melibatkan perkara-perkara berikut:
1)    Membuka semula subsektor-subsektor di bawah sektor perkhidmatan yang dibekukan;
2)    Membenarkan sektor di luar dasar sedia ada mendapatkan pekerja asing melalui program pemutihan yang dijalankan; dan
3)    Melonggarkan syarat-syarat dan peraturan yang ditetapkan oleh Agensi Kawal Sedia untuk kelulusan pengambilan pekerja asing melalui proses Pemutihan yang dijalankan.

Langkah-langkah yang diambil ini adalah bagi memastikan majikan tidak menghadapi masalah kekurangan tenaga pekerja asing dan seterusnya manjamin kelancaran operasi di sector masing-masing.

Source: Teresa Kok's Blog

From Malaysia to Burma - Who? Checks that are needed ... to prevent gross human rights violations

Malaysia is not going to send refugees and asylum seekers back to Burma - so, the question is who will they be sending back.  (Are we talking only of those who already got that status from UNHCR - does it include those in the application process or yet to apply)

And, the related question that we must ask is who really are these Malaysians who Burma will be sending back here - undocumented migrants in Burma??

Are we talking about undocumented migrants now in detention at Immigration Detention Centres awaiting deportation? Few things that need to be considered:-

1) Are these persons who would want to apply to become asylum seekers and/or refugees who have yet to do so? There must be an interview process conducted in the presence of maybe the UNHCR, civil society groups - maybe the Malaysian Bar, - to establish that no potential asylum seeker, refugee or person of concern is sent back to Burma? 

2) If they are undocumented migrants, it is essential to ensure that there is no outstanding claim like unpaid wages, etc that is outstanding with their Malaysian employer, etc - propose that the Labour Department vet each and every one and if there is really no outstanding claims/complaints or proceedings - issue a Certificate stating this.

3) It must also be confirmed by the police and other authorities that there are no reports/complaints lodged by these migrants that are outstanding...(we do not want those who committed crimes against migrants to get off scot-free because the migrant is no more in Malaysia - those who cheated them, those who tortured them,...)

4) Given the fact that this Burma that we are talking about - Malaysia must insist that persons returned to Burma will not be arrested, tortured or persecuted by the Burmese regime...by reason of they being part of/related to persons groups/ethnic groups still very much fighting for a truly democratic Burma... 

5) Persons to be sent back must only be persons that are awaiting deportations - not persons serving some sentence in Malaysia, likewise we cannot be taking persons serving sentences in foreign prisons back to Malaysia to serve out such sentences - for this will be wrong, discriminatory, etc - this is something that will be discussed later...[What authority will Malaysia have to keep someone in prison who never broke any Malaysia law or was tried and sentenced by a Malaysian court?]

Hishammuddin: Myanmar detainees not refugees

Posted on 19 October 2011 - 05:24am
Last updated on 19 October 2011 - 11:31am

Husna Yusop and Pauline Wong
newsdesk@thesundaily.com

Hishammuddin with Home Ministry deputy secretary-general Datuk Alwi Ibrahim (left) and Immigration director-general Datuk Alias Ahmad after the Immigration directors’ meeting. BERNAMA

PUTRAJAYA (Oct 18, 2011): Home Minister Datuk Seri Hishammuddin Hussein has clarified that the 1,000 Myanmar detainees who will be sent back to their country under a recent exchange agreement are not asylum seekers or refugees.

He said he checked their status with the United Nations High Commissioner for Refugees (UNHCR) before finalising the matter with Myanmar Deputy Foreign Minister U Maung Myint yesterday.

“It is not true. They are not asylum seekers. I have talked to the UNHCR and made it clear that we are not going to stop those who are really eligible for refugee status.

“But, at the same time, do not use the refugee status as an excuse to dump so many people who are not eligible in our country. This would create a bigger problem in future,” he said.

Speaking to reporters at the ministry after a weekly meeting with immigration directors here today, Hishammuddin said there are about 94,000 asylum seekers in Malaysia but those listed in the exchange are not under the UNHCR’s watch.

He was responding to concerns raised by NGOs Migrant Care Malaysia and Tenaganita, who claimed that most Myanmar nationals came to Malaysia as refugees or were seeking political asylum, having fled their country to escape persecution.

Yesterday, Hishammuddin said both countries have agreed in principle to exchange detainees – those detained for various immigration related offences - to help reduce congestion at immigration depots.

He said the claims by the NGOs were made based on political considerations, adding the ministry has yet to identify the number of Malaysians currently detained in Myanmar.

He said Myanmar nationals are the third biggest group of foreigners in the country now and Myanmar government’s commitment is important in identifying and deporting those who are not supposed to be here.

“We don’t want to see Malaysia as a transit country or shelter for terrorists, drug smugglers and those taking advantage of the refugee status to do things which are clearly against the law,” he said.

Meanwhile, the UNHCR, in a statement, encouraged all governments to manage migration in a manner that is protection-sensitive towards those who wish to seek asylum.

“This holds true for Malaysia as well. It means that individuals who may be subject to arrest, detention and deportation for immigration offenses have the opportunity to seek asylum and to have their claims considered,” UNHCR spokesman here Yante Ismail said today.

She added that Malaysia cooperates with UNHCR on this issue and allows access to individuals so the agency can determine if they are eligible for asylum.

For those who have legitimate claims, UNHCR seeks their release from detention while their claims are being considered.

“On the matter of deportation, UNHCR reminds all Governments, including Malaysia, that refugees and asylum-seekers should benefit from the fundamental principle of non-refoulement and should not be deported to a country where their human rights might be at risk,” she said.

(Non-refoulement is a principle in refugee law that concerns the protection of refugees from being returned to places where their lives or freedoms could be threatened.)

The Bar Council, meanwhile, said it welcomed the Malaysian-Myanmar immigrant swap, but urged caution.

Its president, Lim Chee Wee, the arrangement must still live up to the highest humanitarian standards.

"Care needs to be taken to ensure that those returned to Myanmar will not in turn be subjected to retributive or punitive action by their own government," he said.

This is because there is no mention of any monitoring mechanism, nor whether any determination has been made by an Office of the UNHCR on whether any of the detainees returned was a genuine asylum seeker.

"This swap must also fulfill the need for a wider and more comprehensive regional mechanism for freedom of movement of nationals from one ASEAN member country to another," he added. - The Sun Daily, 19/10/2011, Hishammuddin: Myanmar detainees not refugees

High Court puts brakes on first sending of 'Australian asylum seekers' to Malaysia

They went to Australia, not Malaysia, to seek asylum - but Australia made a deal to 'export' these asylum seekers to Malaysia - and Malaysia accepted them. But, then these 'Australian asylum seekers' will be treated like 'undocumented migrants' in Malaysia. But they never broke any Malaysian laws - and the Malaysian government has openly arranged for their coming and stay in Malaysia - they are 'legal' guests - and Malaysia really cannot use any of their immigration laws against these people, can they? So, what will these 'Australian Asylum Seekers' become when they arrive in Malaysia - Permanent Residents ?  Malaysian citizens? - for certainly the government cannot define this group as 'illegal immigrants' - for they did not 'illegally' enter the country or 'over-stay beyond the expiry of their visas/passes.  Malaysia did not invite and they accepted and came situation - this is a situation where Malaysia 'forcefully' brought them into the country. Wonder what will happen if and when some of these asylum seekers do not get their 'refugee status' or gets it and does not get send to a 3rd country. Lawyers should be at hand to fight for the rights of these 'Australian Asylum Seekers'

 

High Court puts brakes on first Malaysia swap

Updated August 08, 2011 10:06:01

 

Photo: Reprieve: The asylum seekers arrive on Christmas Island last week (ABC TV)

Audio: High Court puts Government's Malaysian solution on hold (AM)

Related Story: AFP arrive on Christmas Island

Related Story: Malaysia bound asylum seekers 'on hunger strike'

Related Story: UN warns of children's trauma in Malaysian deal

Related Story: 19 children among group destined for Malaysia

Related Story: Malaysia swap to be shown on YouTube

The High Court has granted a temporary reprieve to the first group of asylum seekers due to be transferred to Malaysia under the Government's people-swap deal.

The Government had been preparing to send the first group of 16 asylum seekers to Malaysia at 11:30am today.

But in a special hearing of the High Court on Sunday, Justice Kenneth Hayne ordered a temporary injunction, stopping their removal until at least 4:15pm.

Refugee lawyer David Manne, who heads the legal team involved in the case, says the injunction gives them time to argue that sending asylum seekers to Malaysia is unlawful.

He says the group fears religious persecution in Malaysia.

"All of those that we are acting for want to be able to stay in Australia, which is a signatory to the refugees convention, and to be able to have their claims for refugee protection considered here, rather than being expelled to Malaysia where they fear they would not be protected and where they fear they would face the real risk of harm," he said.

Mr Manne's team represents 40 asylum seekers, including six minors, but the temporary injunction only affects 16 men who were set to leave for Malaysia today.

The lawyers also argue that Immigration Minister Chris Bowen is the legal guardian of the unaccompanied minors in the group, and sending them to Malaysia would not be in their best interests.

Mr Manne says many of the asylum seekers are extremely fearful and distressed.

"This case is really about some very vulnerable people, asking the court whether the Australian Government has the legal power to expel them to Malaysia, where they fear that they will not be protected and they'll be at real risk of harm," he said outside the court.

A spokesman for Mr Bowen says the Government is not surprised at the legal challenge.

"No-one should doubt our resolve in this. We're committed to breaking the people smugglers' business model and deterring people from taking that very dangerous boat journey to Australia," the spokesman said.

The injunction came on the same day a boat with 50 asylum seekers on board was intercepted north-east of Christmas Island - the second to arrive since the Malaysia agreement came into effect.

'Another boat arrival'

Opposition immigration spokesman Scott Morrison says Sunday's arrival shows the Government's Malaysian people swap deal is not working.

"We have a situation where we have, once again, another boat arrival, and another example of how this Government has driven itself into a very acute policy catch-22, as they are unable to make any decision about what they will do with the fate of the children who are on board these vessels," he said.

"I mean our policy was that everyone goes to Nauru and there are no exceptions because we can provide the facilities. 

"Now the Government has found itself in a position if they make one exception then that will become the rule. And that will actually encourage kids to get on boats.

"And that's why this is an ill-thought-through policy. They've led themselves in their own cul-de-sac here and whichever way they go I think the position is worse off."

Mr Bowen says nobody will doubt the Government's resolve once the arrangement is implemented.

"For this arrangement to ... have its full effect, people smugglers and asylum seekers need to see it in operation," he told Channel 10.

"Nobody will be able to doubt this Government's resolve after they have seen this arrangement implemented."

 

Video: Government faces human rights scrutiny (Insiders)

However, he says the policy will not immediately deter all people smugglers.

"I've said that we should expect people smugglers to test this arrangement, of course we should," he said.

"One signature doesn't provide that sort of outcome. We have already seen some effect, we've had about 1,000 less arrivals by boat that the same period last year."

Greens Senator Sarah Hanson-Young sent her "congrats" to Mr Manne and his legal team via Twitter.

"Many Aust are shocked that the Govt is prepared to sink this low to compete with heartless policies of the Libs," she tweeted.

She had earlier made an eleventh-hour appeal to the Government to abandon plans to send asylum seeker children to Malaysia.

"We have an immigration minister who is trying to be as tough as he possibly can. Being so tough he wants to beat up on children," she said.

"Now this is a really appalling state of affairs when we see a government willing to put the lives and welfare of vulnerable children at risk simply to make a political point."

Meanwhile, residents on Christmas Island are calling on Mr Bowen to come to the island to witness the forced removal of asylum seeker children.

About 20 residents protested at the Phosphate Hill Detention Centre on Sunday.

"These people are totally disempowered by these nonsensical decisions of our Government," Christmas Island resident Kaye Bernard said.

"It happened in 2001 with the Tampa and it's about to happen again." - ABC News, 8/8/2011,High Court puts brakes on first Malaysia swap 

See earlier posts on this issue - where human beings(asylum seekers) are being treated liked commodities in a business arrangement between 2 countries...

Malaysia signed that agreement to 'import' asylum seekers seeking asylum in Australia

Australian Parliament condemns Malaysian-Australian asylum-refugee swap deal

How can Malaysia arrest and detain persons who never broke Malaysian laws?

800 Australian asylum seeker brought into Malaysia to be detained in Semenyih - Is this legal?

The trade of asylum seekers for refugees between Malaysia and Australia (Law Council of Australia)

Amenesty program for migrant workers or for some to make 'easy money'? for PRU13?

Looking at the '6P amnesty program' and what has been happening, one wonders what the real intention really is? Now, certain companies/societies are going to make a lot of money in this exercise, which will earn them up to about RM700 million. Will some of this money be flowing into the 'coffers' of BN parties/politicians, that may be used for the upcoming General Elections. The legality of the action, and what has been done is also in question.  

The Malaysian government came out with the 6P amnesty programme allegedly for the purpose of 'legalizing' undocumented migrant workers - but be very careful of the what the 'real purpose' of this exercise is. Is it not similar to amnesty programmes of past years - i.e. if you who are an undocumented migrant or employers of undocumented migrants, you will be spared legal action by the government - you will not be charged, tried, convicted and sentence in accordance with the law if you come forward now.  Wonder whether the BN government or the executive/cabinet even have the right to stop the operation of an existing law, when the said law does not specifically give this power to the government or the cabinet?

On June 23, the Government announced a two-week legalisation and amnesty exercise - codenamed 6P - during which illegal foreign workers and their employers would be spared from legal action if they took part in the drive.

The 6P programme comprises registration, legalisation, amnesty, supervision, enforcement and deportation and was expected to take six months to complete. - Star, 7/7/2011, Amnesty programme only after all legal foreign workers in biometric system

Then, they postponed the programme saying that they must first get the 2 million legal foreign workers registered first....

The Cabinet has decided that all the two million legal foreign workers be registered and included in the biometric system before starting on a similar exercise for the illegal ones, said Tan Sri Muhyiddin Yassin.

The Deputy Prime Minister said the Cabinet felt this should be done first, especially when there was information that unscrupulous people were trying to make quick cash from the Government's intention to register illegal foreign workers in the country.

He said the Government was informed that certain parties, upon hearing that the Government wanted to register illegal workers, had planned to "turn the legal workers into illegals and make some money from this."

"The Cabinet has decided to push back the timeline to register illegal foreign workers and concentrate on putting the legal ones into the biometric system first.

"The employers will be tasked to come out and register their workers and details of this exercise, including its commencement date will be announced by the Home Ministry," he told reporters Thursday. - Star, 7/7/2011, Amnesty programme only after all legal foreign workers in biometric system

This is very very odd, and something smells fishy. Surely, all legal foreign workers should already have been registered - and, note that foreign workers in Malaysia have to apply/renew their work passes/permits every year - so really, there is no need for this sudden 'registration exercise' for migrant workers within any limited time-frame. This registration exercise could very easily be done by the Immigration Department, National Registration Department and/or the Labour Departments nationwide. 

Then, we recall an earlier report stating that some 1,400 have applied to become registration agents for the two-week legalization and amnesty exercise for illegal foreign workers that will be conducted next month. I do not recall seeing any advertisement or 'open public call' to companies to apply to become registration agents, did you? Openness and transparency was absent? Why would the government even need these private companies to be 'registration agents' - surely, it could all be done by the relevant government departments and bodies located all over Malaysia.  

Almost 1,400 companies have applied to become registration agents for the two-week legalisation and amnesty exercise for illegal foreign workers that will be conducted next month.

Home Ministry secretary-general Tan Sri Mahmood Adam said the applications would be vetted by a special committee with representatives from various ministries, government agencies, police and the Malaysian Anti-Corruption Commission.

He said illegal immigrants would not be charged any fees to register at the nearest immigration office or the appointed companies between July 11 and 24.

“This exercise is the last opportunity for employers to register their illegal workers before an integrated enforcement is undertaken by the Government,” Mahmood said. - Star, 24/6/2011, 1,400 apply to become amnesty agents

Then, the government chose 348  private companies and association as managing agents.. GOVERNMENT managing agents...

The Home Ministry has appointed 348 companies and associations as managing agents to process the registration and amnesty programme for the legal and illegal foreign workers.

Deputy Home Minister Datuk Lee Chee Leong said the companies and the associations had been given a special briefing on the functions as well as the conditions that had to be adhered to.

“We have selected 348 from the 1,390 applications after a screening by a special committee comprising representatives of the Home Ministry, Human Resources Ministry, Police and the Malaysian Anti-Corruption Commission,” he said. - Star, 9/7/2011, 348 agents to process alien workers

But, why would private companies get involved - is it voluntary? is it part of national service?  On 24/6/2011, the government said, "illegal immigrants would not be charged any fees to register at the nearest immigration office or the appointed companies between July 11 and 24." but then, this changed and now, the Malaysian government says :"..the Government had imposed a condition that companies and associations can only charge RM35 for the registration exercise for each worker and a maximum RM300 for the subsequent amnesty programme...".Well, there are 2 million 'legal' migrant workers, and that is about RM70 million, and if divided equally between the 348 companies, that would be a clean income of more than RM200,000 income just for the legals, and for say the other 2 million 'illegal' migrants, for the registration only again another RM70 million for registration, RM600 million for amnesty programme, and divided equally between the 348, at an average they will make more than RM2 million each. A lot of money....

Now, let us look at who were appointed as this 348 agents? (Information obtained from the Immigration Department website).

Well, they are private employment agencies that are created under the Private Employment Agencies Act, and there are 'outsourcing agents/companies', that I am of the opinion are illegal as there seem to be no existing law that provides for their existence, and what they do is to provide workers to principals, and this again is something clearly not permitted by the Malaysian Employment Act for they really are 'contractors for labour' (something the BN government is trying to legalize now again through that Employment(Amendment) Bill 2011, now before Parliament. 

The practices of some of these 'outsourcing agents' also is trying to destroy, evade and disguise real employment relationships between principals and the workers that work for them, which will be highly detrimental to all workers, their unions and their ability to engage in 'collective bargaining and actions' to get better work conditions, wages and benefits.  

Many of these also seem to be companies involved currently with getting foreign workers to principals...so, would it also not be unwise to get them involved in this registration exercise. Some may be even 'users' of migrant workers. These may most likely be the 'unscrupulous people' our DPM was initially worried about, considering their close link with the business of 'migrant workers'. 

Better to use the government departments, or even some of the government linked companies like Pos Laju, etc who have no 'direct or indirect interest' in foreign worker recruitment, supply, etc...

Some believe that these 'outsourcing agents/companies' were created and allowed to operate (illegally most likely), without coming under existing law, i.e. the Private Employment Agencies Act, could be cronies of some political or other influential personalities - as, some of them, like 'toll operators' continue to take 'big commissions' from monthly wages of workers they supply, unlike private employment agencies that take a fixed fee when the worker is supplied to the principal. This 'connections' may be the reason why again, some of these 'outsourcing' companies have been given again yet another very lucrative opportunity to make money - and would a sum of this 'easy money' now be also flowing into the coffers for some politician/political party for the upcoming General Elections, PRU 13? It could happen, could it not - for these appointed 'agents' of the BN government would be happy to 'donate' to keep the BN in power in the hope of getting more similar opportunities in the future - maybe even getting all 28 million Malaysians registered in this new bio-metric system?

And, there still are the other legal questions:-

a) Under what law, are these 'government agents' appointed, licensed,...?

b) Under what law, can companies/societies, not individuals be appointed 'government agents' for this registration exercise?

c)  Under what law, can fees chargeable was fixed?

d) Or is this an 'outsourcing of work' by the government - not really the appointment of 'government agents'?

e) Under what law, when the Federal Constitution guarantees equality, are those permitted to go these agents be required to pay 'fees' but not for the others?

f) Private Employment Agencies and companies (or societies) are created by laws that dictate what they can do and cannot do - so this would not be a function that could be done by these entities, so how can they now be appointed, licensed...to do this work?

Oh, yes - everyone, especially governments, are bound by existing laws in Malaysia, so is there not a blatant infringement of the law here? Unless, of course this BN government could tell Malaysians under what law they are doing all these things, it would be good and would clear doubts...

Selected news reports are found below:-

PUTRAJAYA: The Cabinet has decided that all the two million legal foreign workers be registered and included in the biometric system before starting on a similar exercise for the illegal ones, said Tan Sri Muhyiddin Yassin.

The Deputy Prime Minister said the Cabinet felt this should be done first, especially when there was information that unscrupulous people were trying to make quick cash from the Government's intention to register illegal foreign workers in the country.

He said the Government was informed that certain parties, upon hearing that the Government wanted to register illegal workers, had planned to "turn the legal workers into illegals and make some money from this."

"The Cabinet has decided to push back the timeline to register illegal foreign workers and concentrate on putting the legal ones into the biometric system first.

"The employers will be tasked to come out and register their workers and details of this exercise, including its commencement date will be announced by the Home Ministry," he told reporters Thursday.

Muhyiddin said he had agreed to the ministry's request for some time to register the existing pool of foreign workers the market.

He said even though they have valid work permits, these workers must be in the biometric system so that their movement "especially from one work place to another", could be closely monitored.

The Star reported that the programme to legalise and grant amnesty to an estimated two million illegals in the country - scheduled to start on Monday - had been deferred so that the authorities have more time to prepare for the mammoth exercise.

On June 23, the Government announced a two-week legalisation and amnesty exercise - codenamed 6P - during which illegal foreign workers and their employers would be spared from legal action if they took part in the drive.

The 6P programme comprises registration, legalisation, amnesty, supervision, enforcement and deportation and was expected to take six months to complete. - Star, 7/7/2011, Amnesty programme only after all legal foreign workers in biometric system

PUTRAJAYA: Almost 1,400 companies have applied to become registration agents for the two-week legalisation and amnesty exercise for illegal foreign workers that will be conducted next month.

Home Ministry secretary-general Tan Sri Mahmood Adam said the applications would be vetted by a special committee with representatives from various ministries, government agencies, police and the Malaysian Anti-Corruption Commission.

He said illegal immigrants would not be charged any fees to register at the nearest immigration office or the appointed companies between July 11 and 24.

“This exercise is the last opportunity for employers to register their illegal workers before an integrated enforcement is undertaken by the Government,” Mahmood said.

Serious matter: Mahmood speaking during the briefing at the ministry. Beside him is deputy secretary-general Datuk Alwi Ibrahim.

He said illegal immigrants who came into the country to work illegally, those who overstayed and those who misused entry permits and passes or falsified travel documents should register under the exercise.

Mahmood said those who had registered would be allowed to continue working until a decision was made.

He said the exercise was aimed at verifying the number of illegal immigrants in the country as well as compiling data and obtaining their biometric fingerprints.

“We want to create a comprehensive database on the foreign workforce in the country to allow effective monitoring and resolve the problem of forged documents,” he said.

Mahmood said the illegal immigrants who had registered would be legalised and offered employment in sectors where there was a need, while those who wanted to return home would be allowed to do so at their own expense without any action being taken against them.

He said illegal immigrants who failed to register would be liable for court action before being deported to their home countries.

“We will also blacklist them and deny them entry in future,” he added.- Star, 24/6/2011, 1,400 apply to become amnesty agents

PUTRAJAYA: The Home Ministry has appointed 348 companies and associations as managing agents to process the registration and amnesty programme for the legal and illegal foreign workers.

Deputy Home Minister Datuk Lee Chee Leong said the companies and the associations had been given a special briefing on the functions as well as the conditions that had to be adhered to.

“We have selected 348 from the 1,390 applications after a screening by a special committee comprising representatives of the Home Ministry, Human Resources Ministry, Police and the Malaysian Anti-Corruption Commission,” he said.

Lee said the Government had agreed to defer the registration exercise, which was scheduled to start on Monday, until a new date was fixed.

“There are several factors, including the need for intensive training for 5,000 people who will be involved as well as a mechanism to address legal workers leaving their employers to register under the amnesty programme to find new employers with a higher pay.”

Lee said the Government decided that workers with valid work permits would not be given amnesty and would be required to return to their original employers.

The Star reported that the programme to legalise and grant amnesty to an estimated two million illegal immigrants in the country had been deferred to allow the authorities more time to prepare for the mammoth exercise.

On June 23, the Government announced a two-week legalisation and amnesty exercise codenamed 6P during which illegal foreign workers and their employers would be spared from legal action if they took part in the drive.

The 6P programme comprises registration, legalisation, amnesty, supervision, enforcement and deportation, and was expected to take six months to complete.

Lee said the Government had imposed a condition that companies and associations can only charge RM35 for the registration exercise for each worker and a maximum RM300 for the subsequent amnesty programme.

“The employers or the workers will not have to pay the charges if they deal directly with the Immigration department,” he said.

He said, under the amnesty exercise, the employers would need to make several payments for each worker to receive a permit.

“The payments are mandatory, including the levy and the guarantee bond, according to the sector and their country of origin, temporary working visit pass and insurance.”

Lee said the Government would provide information on the list of companies and associations appointed as managing agents, registration counters, procedures for registration as well as other information through the media and the ministry's website soon. - Star, 9/7/2011, 348 agents to process alien workers

Australian Parliament condemns Malaysian-Australian asylum-refugee swap deal

Well, this is about the proposed (or has it been finalized?) agreement between Australia and Malaysia - whereby Australia was to sent to Malaysia about 800 asylum seekers currently in Australia seeking asylum in Australia, and in return Australia agreed to accept 1,000 UNHCR recognized refugees per year for 4 years for re-settlement in Australia.

It would have been good if a similar vote was also cast, where all MPs and Senators could vote on motions without being forced to vote according to what party whips tell them - irrespective of who tabled the motions. It would be good to know exactly the number of MPs/Senators/ADUNs who voted in favour, voted against and abstained with regard to each and every motion.

 

Related posts in this blog:- 

How can Malaysia arrest and detain persons who never broke Malaysian laws?

800 Australian asylum seeker brought into Malaysia to be detained in Semenyih - Is this legal?

The trade of asylum seekers for refugees between Malaysia and Australia (Law Council of Australia)

Source: The World Today, ABC News, 16/6/2011

Parliament condemns Govt on Malaysia asylum deal

 Listen to MP3 of this story ( minutes)

Alternate WMA version | MP3 download

ELEANOR HALL: But we go first today to Canberra, where the House of Representatives this morning passed a motion condemning the Federal Government over its plan to send 800 asylum seekers to Malaysia.

Critically, it was the Greens MP Adam Bandt who proposed the motion, which was supported by the Coalition and the independents Andrew Wilkie and Bob Katter. But the Coalition Leader Tony Abbot challenged the Greens to take their objections to the deal one step further, and force the Government to change its policy.

In Canberra, Sabra Lane reports.

SABRA LANE: The Greens two-part motion was put to the House of Representatives this morning. It called for the condemnation of the proposed asylum deal and its immediate abandonment.

HARRY JENKINS: The result of the division is ayes 70, nos 68. The question is therefore resolved in the affirmative.

SABRA LANE: The Senate had previously passed the motion. In this morning's vote, the Opposition voted in favour of it, with the independents Andrew Wilkie and Bob Katter. The Greens MP Adam Bandt introduced the motion into the House of Reps.

ADAM BANDT: Today is a significant day because for the first time in this Parliament, both Houses of Parliament have passed a motion condemning a policy decision taken by the Government. Use of the word condemn is strong and it is not a step that I took lightly to introduce this motion into the House.

SABRA LANE: The Opposition's immigration spokesman, Scott Morrison.

SCOTT MORRISON: Now, you'll have to check your history books but it has been some time I suspect that both Houses of Parliament have condemned a government policy in this way.

SABRA LANE: And he says Government MPs are guilty of hypocrisy.

SCOTT MORRISON: Those Labor members who have protested and condemned the Howard government for a decade, sat in their seats today glued there just not speaking up, not getting up, sitting silent.

SABRA LANE: But it's a non-binding motion, the Government can't be forced to abandon the policy.

The Immigration Minister Chris Bowen.

CHRIS BOWEN: Well, look the Greens and the Liberal Party have very different positions on this. Of course they have joined into a coalition of convenience this morning and that was well known, it was always going to be the case but if you asked the Greens and the Liberals to agree on a way forward or the Parliament to agree on a way forward, of course they wouldn't be able to. They are diametrically opposed.

SABRA LANE: But the Opposition Leader Tony Abbott says Mr Bowen can't brush it off.

TONY ABBOTT: This is a government which if it persists with the Malaysian people swap, is acting in clear defiance of the Parliament. Now, we are in unchartered waters here. I suppose it is then up to Members and Senators to decide what further sanctions they wish to apply against the Government.

SABRA LANE: And he says if the Greens are serious about their Opposition, they should flex their muscles in their alliance with the Government.

TONY ABBOTT: If the Greens want to be taken seriously, it is not enough to move non-binding resolutions in the Parliament. They are going to have to force some changes on their alliance partner in government.

SABRA LANE: Again, Adam Bandt.

ADAM BANDT: Senator Sarah Hanson-Young has already indicated that she intends to introduce a bill into Parliament that will give the Parliament greater oversight of deals like this and would allow the Parliament to say the Malaysia deal was off and would allow the Parliament to say you cannot send people to a third country and so the test is going to be for the Coalition as to whether they are going to support that bill if they are serious about what they're saying.

SABRA LANE: Again the Opposition's immigration spokesman, Scott Morrison.

SCOTT MORRISON: We'll meet with the Greens but that matter yet hasn't been introduced. It hasn't been debated and there is not a schedule yet for it to be considered so when those things are clear, we'll form a view when the matter is considered in the Parliament.

SABRA LANE: And on ABC24, Mr Bowen warned the Coalition if that bill passes Parliament, this and future governments including the Coalition would have to abide by it.

CHRIS BOWEN: Neither would any other arrangement. If a future government tried to do something with Nauru in future for example, that wouldn't get through the Parliament anyway so we would say that we are using the powers given to us by the Parliament legitimately under the Migration Act.

SABRA LANE: Nearly six weeks ago, the Government announced its Malaysia plan, but it's still not signed.

It's been reported that Australian officials have travelled to Geneva to talk with the UNHCR about it. The Government says there's nothing unusual about that with Mr Bowen saying the agreement will be signed in weeks, once oversight measures have been agreed to.

CHRIS BOWEN: I must say, much more transparent and much more robust arrangements than say for example might have been in the case in Nauru where journalists weren't even allowed in and nobody was allowed in to monitor the arrangements and all this nonsense we hear from Mr Abbott and Mr Morrison about Nauru being more humane, I mean give me a break. I mean that is just complete nonsense and total hypocrisy on behalf of the Liberal Party.

ELEANOR HALL: And that is the Immigration Minister Chris Bowen ending that report by Sabra Lane in Canberra.

800 Australian asylum seeker brought into Malaysia to be detained in Semenyih - Is this legal?

So, it seems that the 800 asylum seekers from Australia, sent possibly forcibly and without the expressed consent of the said 800, will be placed in Malaysia's Semenyih Detention Centre. There is already a problem of overcrowding, etc at these detention centers. Recently, the UN Working Group on Arbitrary Detention had much to state about these centres - see About Migrants in Malaysia - UN Working Group on Arbitrary Detention -8/2/2011. Selected quotes from the report is as follows:- 

"...the Working Group was seriously concerned by the administrative detention regime applied to asylum-seekers, refugees and migrants in an irregular situation..."

"...no special legislation relating to refugees and asylum-seekers in Malaysia, since they are not recognized as such under domestic law; indeed, current legislative framework does not even recognize the terms “refugees” and “asylum-seekers”...."

"...The Government should not use immigration detention for asylum-seekers, refugees and vulnerable groups of migrants, ..."

"...that at least six asylum-seekers and migrants had died of leptospirosis, an infectious disease, in immigration detention camps. In 2009, 14 detainees died in immigration detention centres. ..."

"...Most prisons visited were found to meet international standards and regulations on conditions. This finding does not, however, apply to immigration detention centres...."

"...The regime applied to migrants in an irregular situation, refugees and asylum seekers is not seen to be in line with international human rights law..."    

Let us also not forget the fact is that 29,759 migrants 'caned' in Malaysia between 2005-2010 (9/3/2011) and this information was based on answers given in Parliament.

In a response to a parliamentary question on 9 March, Home Minister Hishammuddin Hussein disclosed that Malaysia had caned 29,759 foreigners between 2005 and 2010 for immigration offences alone.

I wonder also the legality of detaining the said 800 from Australia. What Malaysian law did they violate - for certainly their coming into the country is with the blessing and consent of the Malaysian government - so, you cannot even justify detaining them in Malaysian Detention Centres for Undocumented Migrants. This 800 would not have broken any Malaysian law - you cannot just go to another country, pick up people and bring them to Malaysia and then  detain them for being 'illegal' migrants... at these Immigration Detention Centres.  I believe that there is no law that will make this exercise legal...

Malaysia Solution: Semenyih immigration depot a barbed wire home for asylum seekers

• By Geoff Chambers in Malaysia
• From: The Daily Telegraph
• June 01, 2011 12:00AM

Barbed wire ... Malaysia's Semenyih immigration depot / Pic: Stephen Cooper The Daily Telegraph

• Look inside renovated Semenyih depot
• "Caning does not happen in the camps"
• Detention centres: "Damaging, toxic"

THIS is the first look at where asylum seekers will be sent under Julia Gillard's proposed swap with Malaysia.

The Semenyih immigration depot, which holds up to 1500 detainees, is usually heavily fortified but The Daily Telegraph simply walked through the front gate.

A riot at the notorious depot presented the perfect opportunity for the Malaysian Home Affairs office to renovate the facility as the new home for 800 Australian asylum seekers.

In return, Australia would accept 4000 processed refugees from Malaysia.

Workers are putting final touches to the compound's buildings. The detention blocks, complete with bars, have been given a new coat of paint, new fencing and the rooms cleaned up in preparation for the new arrivals.

"It is almost finished," a worker said.
 

Lining the compound is 1m-high barbed wire and three giant watchtowers. Further south at Lenggeng detention depot, security has been increased.

A successful Amnesty International mission to expose the dirty conditions that women and children are living in has spooked the Ikatan Relawan Rakyat Malaysia (RELA) paramilitary corps.

The yellow beret-wearing volunteer army is made up of part-time "neighbourhood watch" storm troopers.

Refugee advocates said RELA had recently raided apartment blocks where Burmese immigrants had been hiding. If the Burmese are caught for the second time, they are sent to secretive courts within immigration depots where they are ordered to be caned with a rattan.

At Lenggeng, this reporter was frisked by RELA officers who temporarily confiscated my phone, passport and camera and I was ushered into Commander Salaze's office.

Out the front of the office in two 10m x 15m cages are two groups of Burmese refugees huddled together.

Outside, RELA officers twirl their batons under the hot sun.

"I can't let you in to have a look because we are on a heightened security alert," Commander Salaze said.
He denied the photos released by Amnesty International were taken at the camp but it is understood detainees who commit serious offences are transferred to local prisons where canings take place.

He also laughed off suggestions that 6000 detainees were caned in Malaysia every year: "The caning does not happen in any of the immigration camps, it happens in the prisons."

In April, 109 Burmese refugees scaled the rear wall of the compound and ran into the jungle. Across Malaysia, there are regular riots and mass escapes as the system struggles to cope with the influx of refugees from Burma, Afghanistan, Iraq and Somalia.

"We caught most of them but some got away," Commander Salaze said.

Aerial surveillance and tracker dogs were used to hunt them down in the nearby palm oil plantations.

The Daily Telegraph could not get past the front gate of the KLIA compound, near the international airport.

There are more than 800 refugees living there.

Across Malaysia, there are more than 90,000 registered refugees and asylum seekers. - Herald Sun, 1/6/2011, Malaysia Solution: Semenyih immigration depot a barbed wire home for asylum seekers

For more on the Semenyih depot, where asylum seekers will be sent under Prime Minister Julia Gillard's "Malaysian Solution" go to The Daily Telegraph.

 

Related Coverage

• Malaysian refugee camp The Australian, 3 hours ago
• Brutal truth of caned asylum seekers Perth Now, 8 hours ago
• Corporal punishment for our refugees Adelaide Now, 15 hours ago

Hishammuddin, we do not believe you - release these ISA detainees now

We do not believe you - because under the ISA (and other Detention Without Trial laws), you can effectively arrest and keep in detention any person alleging this and that ..... and this is certainly against justice and human rights...

So, immediately and unconditionally release the said 3 persons now...

If any person really broke Malaysian laws, then charge them in court and allow them the right to defend themselves in a fair and open trial...and, if the court is convinced with the evidence that you have and you have managed to prove them guilty, then the court will convict and sentence them...

Malaysia already have an anti-human trafficking Act - so, what is the problem of taking action under this Act.

And, is this really a case of 'trafficking' - or was it just a case of persons assisting immigrants/asylum seekers/refugees enter Malaysia? Smuggling persons into the country is different from 'trafficking of human persons'. A smuggler is a person who illegally facilitates the entry of persons into Malaysia - people seeking the services of 'smugglers' do it of their own free will...many a times paying for this service. Trafficking of human persons on the other hand is where the person being trafficked is brought in forcibly, without consent, etc... Smuggled in persons are certainly not victims of human trafficking... and that is why we cannot lump both 'people smugglers' and 'human traffickers' together...

Three people including two foreigners were detained under the Internal Security Act (ISA) in Lahad Datu on May 24 for suspected human trafficking involving illegal immigrants.

Home Minister Hishammuddin Hussein, who confirmed this, said the trio were found to be active in smuggling illegal immigrants through land and sea routes.

However, he declined to disclose their identities.

The action was in line with the government's firm stand in tackling security threats to the country, he said after handing over appointment letters to the new Sabah Registration Department director Ismail Ahmad and Sabah Prisons Department director Suria Idris, both of whom are Sabahans, here today.

He said the arrests of the trio enabled more detailed investigations to be carried on human trafficking syndicates, particularly those operating in Sabah.

He added that the arrests were also part of the measures being taken by the government to check the inflow of illegal immigrants into Sabah.

On the new appointments, Hishammudin said he hoped it would help further improve the delivery system of the two agencies under his ministry.

"They have wide knowledge and experience on the local situation and are committed to discharge the responsibilities entrusted to them," he said, adding that with their appointments, five of nine department and agency directors under the ministry in Sabah now were locals.

He also dismissed perceptions held by some quarters that the percentage of locals employed in federal agencies in the state was very low.

Citing the departments and agencies under his watch, Hishammuddin said the majority of the staff in them were locals with the percentage between 70 and 97 percent. - Bernama - Malaysiakini, 29/5/2011, 3 held under ISA for human trafficking

The trade of asylum seekers for refugees between Malaysia and Australia (Law Council of Australia)

Media Release

Law Council concerned over Australian Malaysian Asylum Seeker Agreement

Published: 13-May-11

The Law Council of Australia is concerned with the implications of the recently announced agreement between the Commonwealth Government and Malaysia to exchange asylum seekers for refugees.

Law Council of Australia President, Mr Alexander Ward said the Law Council does not agree the trade of asylum seekers for refugees is an appropriate solution to this substantial issue.

“The Law Council has significant concerns in relation to how this agreement will be managed and how the human rights of asylum seekers and refugees will be protected,” Mr Ward said.

Malaysia is not a State Party to the United Nations Convention (Convention) relating to the Status of Refugees, a Convention to which Australia is a party and therefore obligated by its Protocols.

“For Australia to enter into an agreement with a country that is not party to the Convention raises significant concerns regarding the treatment of asylum seekers who are sent to Malaysia.

“Previous concerns have been expressed about the treatment of illegal immigrants in Malaysia,” Mr Ward said.

While few details regarding the Australian Malaysian Asylum Seeker Agreement have been released, the Law Council has noted the statement issued by the President of the Malaysian Bar on 9 May calling for the Australian and Malaysian Governments not to proceed with the Agreement given “the legal situation and conditions of life of asylum seekers and refugees and their families in Malaysia is degrading, demeaning and dehumanising, and wholly unacceptable to any civilised society”.

The Law Council will closely review the details of the agreement when they are released by the Commonwealth Government.

From 'asylum seekers'in Australia to 'illegal immigrants' in Malaysia

So Australia is 'exporting' people who have arrived in Australia and are seeking asylum..to "Malaysia" - but when they arrive in Malaysia, what will happen to them? Is Australia also providing for food and board in some facility to be built in Malaysia - or will they just be released into the local population to fend for themselves, facing the usual RELA, police and other enforcement officers threats of arrest, detention, 'whipping', and maybe even deportation.Of course, there is also the access to healthcare issue - whereby you do need a valid passport - do this people have this? And even then, Malaysia charges 1st class rates to all foreigners, including refugees and asylum seekers. Who then is going to pay for the additional personal needed to look after these persons? Australia? 

Would Malaysia be providing a better or differential treatment to these 'asylum seekers from Australia'? If they do, would that not be going against the Federal Constitution guarantee for equality for all persons (not limited to citizens). What then happens to those who after being processed, are not granted asylum in Australia - will Malaysia have to shoulder this burden? So when Malaysia deports them back to their country of origin, Malaysia will get the 'bad name' - not Australia.

Malaysia already has over-crowded detention centers - and is struggling to cope with possibly more than 5 million undocumented migrants, which include asylum seekers and refugees - and it makes no sense whatsoever. 

Malaysia have no laws that recognizes asylum seekers and/or refugees at this time. Thus, even those that have been processed by the United Nations High Commission for Refugees (UNHCR) and were successfully granted 'refugee status' are considered illegal immigrants in Malaysia.  

So, when Australia sends their 'asylum seekers' to Malaysia, they automatically become 'illegal immigrants' in Malaysia - 'undocumented migrants'. 

In return, what will Australia do? They will accept 1,000 UNHCR Refugees from Malaysia per year for the next 4 years. Note that Australia already have an obligation to accept refugees - and over the past years, they have an annual quota of accepting 13,450 refugees. Wonder how many they have been accepting from Malaysia? Was it 1,000 or more? Hence, would this 'new agreement' increase or decrease the number of refugees accepted from Malaysia for re-settlement in Australia? In short, Malaysia may be losing out as now the maximum that they will accept from Malaysia have been set at 1,000... and as of September 2010, there was still over 40,000 UNHCR recognized refugees waiting to be re-settled in 3rd countries. Given the current state of Europe, and the situation in the Middle East and Arab nations which is generating even more refugees, there will be lesser chances for resettlement of refugees currently in Malaysia. So, 1,000 refugees per year from Malaysia is a laughable commitment by Australia.

We really need to see the full agreement between Malaysia and Australia to understand why Malaysia accepted to this deal.

What happens to those who are send from Australia who are not successful in getting 'refugee status'? Does Malaysia send them back to Australia - or does Malaysia have to be burdened with this problem? 

Which refugee would Australia accept? After 9/11, many countries are very slow in accepting Muslim refugees. Many countries also want to accept only educated, professional and 'rich' refugees - would it also be the case with Australia? Or will Australia commit to accepting refugees selected randomly - maybe by a 'lottery' system, which would also give equal opportunities for all UNHCR recognized refugees - including Muslim refugees and those others that are not highly educated, professional and 'poor'.

Over 90,000 refugees in Malaysia

Bernama

Thursday, November 11th, 2010 15:20:00

KUALA LUMPUR: There were 90,301 refugees in Malaysia registered with the United Nations High Commission for Refugees (UNHCR) up to September this year.

Deputy Foreign Minister Datuk A. Kohilan Pillay said Malaysia cooperated with the UNCHR and International Organisation for Migration (IOM) in repatriating refugees to their countries of origin or relocating them to a third country willing to accept them.

"Until now, 49,082 refugees have been sent to third countries, 68 per cent of them through the UNHCR and 32 per cent through IOM," he said in his reply to a question from Hamim Samuri (BN-Ledang) in the Dewan Rakyat, here, today.

Kohilan said issues related to refugees had not been raised by the source countries like Cambodia, Vietnam, the Philippines and Thailand during their bilateral talks with Malaysia.

"However, their embassies here would always assist in the documentation process for refugees to be relocated to third countries," he said.

To a supplementary question from M. Kulasegaran (DAP-Ipoh Barat) on claims that the Malaysian government allowed the exploitatiion of refugees, Kohilan said the UNHCR and IOM were responsible for looking after the registered refugees.

However, he said, Malaysia also assisted in terms of medical aid and educational programmes for them.

He said as there were no special laws for refugees in this country, issues involving them came under the Immigration Act 1959/63 and that refugees were considered as illegal immigrants.- Malay Mail, 11/11/2010, Over 90,000 refugees in Malaysia

Announcements of character tests for refugees and the reintroduction of temporary protection visas (TPVs) are distractions. So too is the recent decision by the Gillard Government of its Malaysian ‘solution’.

The deal between Australia and Malaysia proposes that Australia take 4,000 asylum seekers who have been declared refugees by the United Nations High Commissioner for Refugees (UNHCR) but have not been settled in a host country. Most of the 4,000 refugees Australia is likely to take are Burmese. The rate will be 1,000 a year over four years.

The annual quota for Australia’s refugee intake will increase from 13,750 to 14,750 a year. The increase in the annual quota will reportedly cost the Federal Government $216 million and a further $76 million to fly refugees from Malaysia to Australia.

Costs of the Australian Government’s international advertising campaign with the slogan 'Don’t do it', warning people smugglers and refugees in Indonesia, Afghanistan and Pakistan to resist coming to Australia or risk ending up in Malaysia, have been undisclosed.

Recent protests at Sydney’s Villawood detention centre have again focused the public’s attention on mandatory detention. In response to the protests the Minister for Immigration and Citizenship made it clear that “asylum seekers found to be refugees will lose the right to a permanent visa if convicted of an offence”.  The Minister’s threat to deny or regulate protection of an asylum seeker because of their character distracts society from examining why we are intolerant of refugee protests.

Asylum seekers have the right to seek our protection. There is no requirement that they must accept long periods of detention with humility. The poor conditions of Australia’s detention centres have been well documented and much criticised. Neither character tests nor TPVs will halt the movement of those fleeing persecution nor ensure they accept the criminalisation of their asylum claim.

Reports in the Australian media about the reintroduction of character tests and TPVs seeks to divert attention away from the failures of the Liberal and Labor party’s refugee policies. As Green’s Senator Sarah Hanson-Young correctly acknowledges, TPV’s “won’t stop people rioting in detention centres” and they “won’t stop people making the treacherous voyage”.

Yet, Minister Chris Bowen has recently said: “I think that it’s perfectly appropriate to say to somebody who has misbehaved in a detention centre, "you’re not getting a permanent visa, we’ll look at sending you home, if we can’t send you home for whatever reason at the moment, we might give you a temporary visa but it’s got all these restrictions on it".

Even for a Labor government that maintains a populist hardline on asylum seekers, this is a remarkable statement given Bowen’s previous comments. The 2007 Labor Government, according to Bowen, was elected on a platform that included a more humane treatment of those seeking protection. This included abolishing TPVs, described by the Minister as “the symbol of the former government’s continued punishment of those found to be owed our protection”.

TPVs contravene the 1951 Refugee Convention’s protection mandate. As one migration lawyer recently put it: “the only [TM1] grounds on which refugee protection provisions could be revoked involved crimes against humanity” and “they’re not supposed to be denied protection for criminal matters or detention centre misbehaviour”.

Character tests and TPVs are not the answer to detention protests nor the growing numbers being detained. According to the Refugee Council of Australia there has been a 1,400 per cent increase in long-term detention in just one year. Detainees grew by 196 per cent. Those detained more than six months grew seven times faster (from 258 in March 2010 to 3,901 in March this year).

Regardless of the length of detention – be it two months or two years – criminalising protesting and denying humanitarian protection because of protesting – fails to recognise the illegality and inhumanity of mandatory detention.

Delays in processing lead to overcrowding and frustration. It is this that leads to self-harm and protests. The introduction of a character test to those that engage in “unacceptable behaviour”, including protesting, is designed to send a message to voters that Labor is tough on refugees. Apart from pandering to xenophobic nationalism, it distracts debate from the administrative problems of mandatory detention.

ASIO in 2010, for example, failed to complete security checks on 900 asylum seekers who had found to be genuine refugees, leaving them to languish in detention. It also detracts public attention and scrutiny away from those with mental illnesses, those that self-harm, and the tragedy of deaths in mandatory detention.

The character test built into Australia’s 1958 Migration Act (Section 5C) is already strong. Every refugee must pass the test before they get a visa. New character tests will mean refugees have to jump more hurdles that anyone else. Even if they are granted a TPV, restrictive conditions on family reunion will continue to punish refugees.

The Gillard Government’s plan to deny permanent visas to those caught breaking the law “even if they’re a legitimate refugee” seems legally absurd and morally repugnant.

It also contravenes international law which states asylum seekers “should not be refused refugee status unless they have ‘committed a serious non-political crime’, been involved in ‘war crimes, or crimes against humanity’, or are a serious security risk.”

The Liberal Coalition policy on refugees has been consistent if impractical. According to Tony Abbott the “two things that the Government should be doing today is they should be picking up the phone to the president of Nauru to say, ‘Let’s re-open the centre’ and making TPVs the rule for all people who come illegally by boat.”

Sadly the current problems – increasing numbers of asylum seekers in detention centres, longer lengths of incarceration, and protests – is not seen as a humanitarian issue for the Gillard Government. It is seen as a “perception” issue. Protests have highlighted the Labor Government doesn’t have an effective policy.

This leaves room for conservative commentators to recall deplorable policies such at the expensive and ineffective Pacific Solution. The Government has also realised that the East Timor ‘solution’ will not be accepted (as prime minister Xanana Gusmao had privately acknowledged and which president Jose Ramos-Horta has now publically stated).

It seems Papua New Guinea’s Manus Island and Malaysia are the next stop for Gillard and Bowen.

The best that Labor does is to distract us with character tests, TPVs, and the Malaysian ‘solution’ serve to remind us of Phillip Ruddock.

Jo Coghlan is a lecturer in politics at the School of Social Sciences and International Studies at the University of New South Wales. - Australian Broadcasting Company (ABC News ), 10/5/2011, Labor lured to the Ruddock Solution for refugees