We are extremely concerned with Deputy Prime Minister Datuk Seri Najib Tun Razak's announcement on June 24 that the Federal Government would "flush out the illegal immigrants from Sabah and deport them to their home country".
While we appreciate that a sovereign state has the legal right to protect its borders and to ensure that migrants are properly documented, we are concerned that the drastic measures and the massive scale of operation taken by the government in dealing with such a complex issues without proper study, planning and training will only be a recipe for massive human rights violations.
There are various categories of persons with different circumstances: document holders (IMM13, temporary IC, IC, birth certificate, listed in the electoral roll) and non-document holders but who maybe legitimate residents or citizens under the Federal Constitution and the law including persons who fulfil the criteria for naturalisation, persons married to Malaysians, children of mixed marriages, and children of persons who may otherwise be stateless (i.e. not citizens of any other countries).
There are also groups such as fellow citizen of the indigenous peoples that are not registered with the authorities and rendered as stateless, refugees and asylum seekers who have fled from political persecution in their countries, migrant workers who are exploited and become undocumented migrants and victims of human trafficking.
In the 1970s, Filipino refugees from Southern Mindanao were welcomed into Sabah by Tun Mustafa Harun, the then chief minister who provided them citizenship and residency status. This policy was continued by the next Chief Minister Harris Salleh.
Many of the refugees were provided with the IMM13 document which gives the holder the right to stay and work. For the last four decades, the refugee population has increased with its third generation growing up with the hope that there will be integration and citizenship into Malaysia.
The children went to school and Sabah became their new home. While it is widely believed that thousands of refugees were given "temporary identity cards" with cash to vote for the BN government and they voted and continued to vote believing that they had become citizens, the blame should be on the politicians that have used them for their own political interest.
In the massive 2002 similar crackdown, some half a million irregular migrants left Malaysia en masse to avoid being arrested under the enhance immigration laws which imposed whipping. At least 100,000 migrants departing Sabah were left stranded in Nunukan and Tawi Tawi leading to a humanitarian disaster that included starvation and deaths.
Tens of thousands were arrested and cramped in appalling detention depots leading to human rights abuses including a high profile rape of an under-aged girl, inhumane and degrading treatment and deaths of children during deportation. As a result, Malaysia faced international condemnation including major diplomatic rows with the Filipino and Indonesian governments.
The Federal and Sabah state governments should be held responsible when similar human rights abuses occur and when the economy and livelihoods are affected as the plantation, construction and service sectors completely rely on migrant labour.
The "irregular migrant" issue and other related issues need to be studied carefully and be acted upon with a greater emphasize on issue of human rights and humanitarian concerns rather than political expedience.
We are therefore of the view that it would be extremely unjust and arbitrary to conduct a mass crackdown in addressing such a serious and complex issue which will only worsen the long standing problems in Sabah and surrounding region. The mass crackdown will likely result in the wrongful arrest, detention, deportation and other human rights abuses as they are bound to occur when harsh actions are taken on a mass scale and without examining the individual circumstances of the irregular migrants and stateless people.
Deportation efforts have already begun and it was announced that the southern Philippine port city of Zamboanga has already received more than 1,000 deportees in July. It has been further reported that some of those deportees have returned to Sabah and more plan to return to Sabah. This mass crackdown is futile and a waste of resources as it is done hastily without any real and considered thought and further no proper planning is made to address the various consequences and problems that would certainly arise from the plan.
We therefore call for the following:
1. that the Government not to be hasty in cracking down en masse against the large immigrant population in Sabah;
2. that the Government conducts more bilateral discussions with the Filipino and Indonesian Governments before cracking down;
3. that the Government declares an amnesty for a reasonable period of time for immigrants who would like to return to voluntarily repatriate;
4. that the Government halts the planned crackdown and to immediately set up a Royal Commission to study the various issues and concerns in Sabah and to specify actions that are in compliance with international human rights and humanitarian standards;
5. that the Government prepares proper short, medium and long term management plans for foreign immigrant labour including the setting up of efficient and ethical channels through which repatriated immigrants can return to Sabah to work;
6. that Malaysia as a member of ASEAN and the United Nations Human Rights Council, to demonstrate a strong commitment in upholding the highest standards in the promotion and protection of human rights in the country and around the region.
Endorsed by:
1. All Women's Action Society (AWAM)
2. Amnesty International Malaysia
3. Coordination of Action Research on AIDS and Mobility, Asia (CARAM Asia)
4. Community Development Centre (CDC)
5. Health Equity Initiatives (HEI)
6. Human Rights Committee, Bar Council
7. Jaringan Rakyat Tertindas (JERIT)
8. Kuala Lumpur and Selangor Chinese Assembly Hall Youth Section
9. LLG Cultural Development Centre (LLG)
10. Malaysia Youth & Students Democratic Movement (DEMA)
11. Migrant CARE
12. Persatuan Kebangsaan Hak Asasi Manusia (HAKAM)
13. Persatuan Kesedaran Komuniti Selangor (EMPOWER)
14. Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)
15. Persatuan Sahabat Wanita Selangor (PSWS)
16. Pusat Khidmat Pekerja Tanjung (PKPT)
17. Pusat Komunikasi Masyarakat (KOMAS )
18. Suara Rakyat Malaysia (SUARAM)
19. Tenaganita
20. Women's Aid Organisation (WAO)
21. Yayasan I-Work
