Malaysias migration policy

I just feel I need to write something about Malaysias migration policy as it really scares me…

Malaysia is host to an estimated 2,6 millions migrants. As I mentioned before Malaysian laws do not recognize a refugee nor do they make a distinction between a refugee and an economic migrant. They are as such considered illegal immigrants.

Undocumented migrants are regularly arrested. The penalties for immigration offenses include a fine up to RM 10, 000 (ca 20,000 SEK) and/or imprisonment of up to five years. Punishment of entering and staying without a valid permit are the harshest – offenders can be fined, imprisoned, and be whipped (with up to six strokes of the rotan, or cane). This punishment is also extended to those who harbour an illegal foreigner.

In their anxiety to avoid arrest, migrants are easy targets for exploitation by law enforcement personnel. Women in particula, who often are victims of sexual harassment. The women who have faced sexual abuse are often to afraid to lodge police-reports, fearing their own arrest as well as reprisals from the perpetrators of violence who are sometimes law enforcement officials.

Regular arrests and raids carried out by police and immigrations officials are supplemented by periodic “crackdowns” on undocumented immigrants. In the most recent crackdown in 2005 the home minister stated that half a million civilians, compromised of the Peoples Volunteer Corps and neighbourhood watch groups would be empowered to assist immigration officers in raids. The volunteers would be paid RM80 for each success arrest(!!!) During the weeks leading up to the crackdown hundreds of asylum seekers approached the UNHCR offices every day, sleeping night after night at its gates, desperate to register their claim for asylum.

In the first month alone, more than 4000 migrants where arrested. In may the Prison Department stated that 45,000 persons, mostly undocumented immigrants, were held in 52 prisons and detention depots whose capacity was only 30, 000 people.
Reports from migrants (including asylumseekers and refugees) indicate use of excessive physical force during raids.
Due to overcrowding and poor conditions thousands were reportedly suffering from diseases such as malaria, dengue, tuberculosis and pneumonia.

Several asylum seekers, refugees and stateless persons have died in detention. The detention of pregnant women and children are of particular concern. Children are sometimes separated from their parents and guardians. Women when giving birth are chained to their beds while giving birth and are thereafter quickly returned to the detention depot.

Particular groups who are forced to suffer long and indefinite periods of detention as asylum seekers and refugees must often wait for their status to verified, for their cases to be submitted for resettlement, and for a resettlement decision to be made. In many cases, refugees are only released after their resettlement is confirmed and a ticket for travel shown to the immigration department.

According to the World Refugee Survey conducted by the US Committee for Refugees and Immigrants (USCRI) and released in June 2005, Malaysia is one of the worst violators of refugee rights. The survey assessed treatments of refugees in some 40 countries in terms of asylum procedures and protections, freedom of movement, and whether refugees were detained and allowed to work. Malaysia failed in all four areas…