Help stop the abuse: Refugees to Suhakam

Help stop the abuse: Refugees to Suhakam

Andrew Ong and Su Hui Hsing Jun 27, 07 7:02pm Adjust font size:

Last October, Chin Burmese refugee Za (not her real name) was arrested in Kuala Lumpur by officers from the volunteer corp, Rela. Despite being pregnant, she was allegedly physically and sexually abused at an immigration detention centre. Za was allegedly kicked, hit on the forehead with a baton, forced to strip naked, sit with her legs apart and had her nipples pinched. In December, she gave birth chained to a bed while under detention and was only released a month later following intervention from the United Nations High Commissioner for Refugees (UNHCR). Za’s case was among the many allegations of human rights violation endured by Burmese asylum seekers and refugees that was brought up to the Human Rights Commission of Malaysia (Suhakam) today. Representatives from eight Burmese ethnic groups – Rohingya, Mon, Arkan, Karen Ni, Kachin, Shan, Chin and Karen took turns to vent their grievances to Suhakam commissioner N Siva Subramaniam. They also handed a memorandum to the commission regarding their plight. International principle The memorandum was initiated by migrant rights group Tenaganita and endorsed by the Myanmar Ethnic Rohingyas Human Rights Organisation, Chin Refugee Community, Kachin Development Organisation, Mon Community and Myanmar Karen Organisation. In the memorandum, Tenaganita director Irene Fernandez said Malaysia must hold to the international principle of protecting asylum seekers and refugees. She said human rights abuses by the authorities showed that the government had neglected their international obligations towards upholding human rights in particular the rights of women and children. Among her many examples, she highlighted the plight of several parents who were arrested while attempting to register their child’s birth at the National Registration Department. “In a number of cases the women and the child have been arrested. Such a situation denies the child to an identity. It would make the child stateless,” she added. Fernandez said such actions jeopardised the rights of a child to be registered at birth as accorded by Article 7 of the UN Convention of the Rights of a Child (CRC) which Malaysia is a party to. Along with the UN Committee on the Elimination of Discrimination Against Women (Cedaw) and CRC, she said the government was obliged to adopt laws protecting humans irregardless of their citizenship status. Among the changes of legislation sought by Tenaganita is the prevention of caning and other forms of corporal punishment for those under 18 years of age and providing asylum-seeking and refugee children with free access to education. Fernandez also urged the government to adopt measures to fulfil international customary law of non-refoulement (return to a country where an individual’s life and liberty are threatened). Suhakam will investigate She said that Suahakam, as the government’s human rights mechanism, must view this matter seriously and immediately investigate the complaints made. Siva said Suhakam would deal with the issues that were raised. “We will first deal with the sexual harassment cases. We will investigate the officers involved… the officers involved must be brought to book,” he said. He added that Suhakam will be organising a discussion on the rights of women and children refugees with the Women, Family and Community Development Ministry soon. Speaking to reporters later, Siva stressed that Suhakam recognises the status of refugees even though Malaysia has not ratified the UN Refugee Convention 1951. “(The non-recognition) of refugees is a government prerogative. As far as Suhakam is concerned, we are looking at human rights violations. “Regardless of their citizenship status, the human rights of everyone in Malaysia must be protected in line with international human rights principle,” he said. Do you have something to say about the above report? Share it with other Malaysiakini readers. Send your comments to voxpopuli@malaysiakini.com and it may be published in Malaysiakinis Vox Populi (Voice of the People) section. Please keep your comments brief and do let us know if you wish to remain anonymous.