Saudi Arabia: Fair Appeal for Domestic Worker on Death Row

Saudi Arabia: Fair Appeal for Domestic Worker on Death Row
Sri Lankan Under 18 at Time of Alleged Killing

(New York, July 30, 2007) – The Saudi Court of Appeals should
recognize that a foreign worker on death row was a child at the time of her alleged crime, when a baby died in her care, Human Rights Watch said today. The court should also review the fairness of the original investigation into Rizana Nafeek, a Sri Lankan domestic worker, and her trial.

Last month, a Shari’a court in Dawadmi, Saudi Arabia, sentenced to
death Nafeek, 19, ruling that she had murdered an infant in her care in 2005.

Nafeek filed an appeal last week. International law prohibits the death
penalty for crimes committed before the age of 18.  
 
“This case raises many troubling questions about the treatment of
children and foreigners in Saudi Arabia’s criminal justice system,” said Nisha Varia, senior researcher in the Women’s Rights Division of Human Rights Watch.  
 
Human Rights Watch urged the appeals court to consider evidence
verifying Nafeek’s age was 17 at the time of the incident, review her
access to lawyers and translators during the interrogation and trial,
and examine the conditions under which she made a confession.  
 
Nafeek had been employed in Saudi Arabia for two weeks as a domestic
worker when her employers’ 4-month-old baby died while entrusted to her

care. Human Rights Watch has obtained a copy of Nafeek’s birth
certificate, which shows her year of birth as 1988, although her
passport
lists it as 1982. Human Rights Watch’s research in Saudi Arabia and SriLanka in late 2006 found that migrant workers are often unfamiliar with immigration regulations, and labor recruiters routinely falsify
workers’ passports in order to meet age requirements for jobs abroad.  
 
Saudi Arabia is a state party to the Convention on the Rights of the
Child (CRC), which expressly prohibits the death penalty or life sentences
without parole for offenses committed before the accused turned 18.
Nevertheless, Saudi law gives judges wide discretion to treat children
as adults in criminal cases, and courts have imposed death sentences on children as young as 13. Individuals charged with a capital offense
rarely have access to lawyers during interrogation and trial, and often do not even receive a copy of the verdict.  
 
“By imposing the death sentence on Nafeek, who was 17 when the baby in her care died, Saudi Arabia flouts clear and specific human rights obligations,” said Varia.  
 
Human Rights Watch also urged the government of Sri Lanka to provide stronger protections to its workers abroad. There are approximately 8 million migrant workers in Saudi Arabia, including 400,000 to 500,000 workers from Sri Lanka. Those facing criminal charges often have poor access to translators, legal assistance, and information about their cases.
Nafeek, first arrested in 2005, did not have access to legal counsel
until after the court sentenced her to death in 2007.  
 
Sri Lankan embassies have begun to provide support services for migran workers who have either faced workplace abuse or been accused of crimes, but these remain grossly inadequate compared to the demand. The Sri Lankan government should ensure provision of timely legal aid to its nationals facing criminal complaints, and legal aid, shelter and other assistance to nationals who have suffered abuse. The government of Saudi Arabia should provide legal assistance free of charge to criminal defendants who cannot afford to hire a lawyer.  
 
Human Rights Watch opposes the death penalty in all circumstances
because of its inherent cruelty and its finality. Given the possibility of
mistakes in any criminal justice system, innocent persons may be
executed.
In 2007, Saudi Arabia has executed more than 100 persons. 

For additional Human Rights Watch reporting on Saudi Arabia or migrant
domestic workers, please visit:  
• On Saudi Arabia: http://www.hrw.org/doc?t=mideast&c=saudia  
• On migrant domestic workers:
http://hrw.org/campaigns/women/2006/domestic_workers/index.htm  

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Philippines: Extremist Groups Target Civilians

Philippines: Extremist Groups Target Civilians
More Than 1,700 Killed and Injured in Bombings and Kidnappings

(New York, July 30, 2007) – Violent Islamist groups in the Philippines have killed or injured more than 1,700 people in bombings and other attacks since 2000, Human Rights Watch said in a new report and photo essay released today. The attacks, mostly in Mindanao, Basilan, Jolo, and other southern islands, have also included kidnappings, executions, and shootings. 

The 28-page report,”Lives Destroyed: Attacks on Civilians in the
Philippines,” contains personal accounts and photographs of bombing
sites and of victims of attacks and their relatives. It describes how attacks have killed children, parents, husbands, and wives, and caused terrible suffering among wounded survivors and relatives. The Abu Sayyaf Group (ASG) and the Rajah Solaiman Movement (RSM), based in the southern Philippines, are implicated in or have claimed responsibility for many of the attacks.  
 
“Extremist armed groups have spread terror among civilians in the
Philippines,” said John Sifton, senior researcher on terrorism and
counterterrorism at Human Rights Watch. “They have bombed buses
carrying workers, food markets where people were shopping, airports where relatives were waiting for loved ones, and ferry boats carrying
families.”  
 
The casualties since 2000 amount to more than the number of people
killed and injured in bombing attacks during the same period in
neighboring Indonesia (including the 2002 Bali bombings), and
considerably more than the number of those killed and injured in
bombings in Morocco, Spain, Turkey, or the United Kingdom. The scaleof the violence, however, has not received widespread attention outside the region.  
 
Human Rights Watch faulted the Philippines government for not
prosecuting those responsible for attacks. Although numerous suspects in bombing attacks have been arrested since 2000, Human Rights Watch said that very few have been successfully brought to trial, and prosecutions in some cases have been delayed for more than four years.  Human Rights Watch has criticized the recent passage of a new counterterrorism law, “The Human Security Act,” which contains
dangerous overbroad provisions that violate human rights standards and broaden the scope of government power to hold terrorism suspects indefinitely. Human Rights Watch said that existing criminal statutes were more than sufficient to prosecute acts of terrorism.  
 
“The Philippines doesn’t need a new abusive counterterrorism law,” said
 Sifton. “The government isn’t using the laws it already has, so why
does it need new provisions that violate human rights?”  
 
The Human Rights Watch report provides compelling new information
about many of the attacks that have occurred in recent years. For
instance, it contains interviews with survivors of the February 27, 2004 bombing of the Superferry 14, a ferry traveling from Manila to Mindanao. The bomb,which detonated just outside of Manila harbor, killed at least 116 people.
The dead included 15 children, six of whom were under five years old.
At least 12 families lost multiple members, and at least 10 married
couples died together. Six of the children killed in the blast were students on a championship team sent by schools in northern Mindanao to compete in a journalism contest in Manila.  
 
The report also details the February 14, 2005 “Valentine’s Day”
bombings of Manila and two cities in Mindanao. Human Rights Watch interviewed Mark Gil Bigbig, a 31-year-old student, who was eating at a fast-food restaurant in General Santos City when a bomb went off outside: “We were surprised . . . people were shouting, ‘It’s a bomb!’ I looked down, and already I could see my blood splashing below me, and I dropped to the ground.” Bigbig suffered major trauma to his legs from shrapnel and
 broken glass, and today, more than two years after the attack, cannot
walk without braces and crutches.  
 
The report explains how survivors with minimal physical injuries have
suffered. For instance, Aurelia Espera, a victim of a 2003 attack,
tearfully told Human Rights Watch about seeing the bodies of her two children, one of them decapitated, and her mother-in-law: “I can never forget, I saw my children lying there in the street.”  Members of the ASG and RSM are implicated in or have claimed
responsibility for many of these attacks. ASG is an extremist Islamist
group whose members broke away in the 1990s from the longstanding ethnic Moro insurgent groups based in the predominantly Muslim areas of the southern Philippines (“Moro” is a Philippine term for Muslim). RSM,a group composed of converts to Islam, is closely tied to ASG. The two groups purportedly aim to push Christians out from Mindanao and the Sulu islands and “restore” Islamic rule over the Philippines.   ”Abu Sayyaf and Rajah Solaiman have committed crimes on a massive scale,” said Sifton. “They have intentionally bombed civilians, kidnapped ordinary workers and beheaded them, and extorted money from small businesses.”  
 
Both ASG and RSM maintain links with current or former members of
Jemaah Islamiyah (JI), the violent Indonesian Islamist group responsible for the 2002 Bali bombings. Philippine government officials claim that elements of the longstanding Moro Islamic Liberation Front (MILF) and Moro National Liberation Front (MNLF) have, over the last few years, provided sanctuary or assistance for ASG, RSM and JI members.  
 
Since 2003, MILF and MNLF leaders appear to have largely cut ties with JI, condemned violence against civilians (and specifically ASG and RSM attacks), and provided active assistance to Philippine military forces in conducting operations against all three groups. The United States military is actively assisting in these operations.  
 
Human Rights Watch said today that it remains likely that “rogue” MILF and MNLF commanders, and so-called “lost commands,” have continued to provide sanctuary and assistance to ASG, RSM and JI members at various times in the last several years.  
 
Human Rights Watch urged the MILF and MNLF to continue condemning armed attacks on civilians by ASG, RSM and JI, and to continue working with authorities to apprehend those responsible for violent attacks.  
 
“Moro leaders deserve credit for distancing themselves from armed
groups that attack civilians,” said Sifton. “But they need to ensure that they are controlling their own members.”  
 
Human Rights Watch said today that the government’s failure to
prosecute suspects in attacks has contributed to a culture of
conspiracy-theorizing in the Philippines, especially in the south. Skeptical Moro and other opposition political leaders have embraced allegations that the government itself has been responsible for bombings – claims which Human Rights Watch has seen no evidence to support. Human Rights Watch called on the Philippine Department of Justice to put prosecutions back on track and hold fair and public trials.  
 
Human Rights Watch also called on the United States and other
interested countries to provide assistance to ongoing peace negotiations between the Philippines government and Moro leaders, to help ensure that agreements

between the Philippine government and MILF and MNLF are enduring and promote respect for human rights, including the protection of the civilian population.  
 
“To end the bombings, kidnappings, and other violence, other
governments have to pressure Philippine leaders – both in Manila and
Mindanao – to put a greater emphasis on protecting civilian life,”
Sifton said. 
To view the photo essay, please visit:
http://hrw.org/reports/2007/philippines0707/index.htm

ASEAN charter draft promotes civil rights, discourages coups

26th July, 2007 MANILA: A landmark charter being drafted by Southeast Asian countries calls for promoting human rights and nonaggression, while discouraging coups in a region which has grappled with all three thorny issues. The Association of Southeast Asian Nations’ long-overdue charter also would try to shield the region from nuclear arms, other weapons of mass destruction and external interference, according to a draft seen by The Associated Press on Wednesday. Diplomats have been racing against time to resolve contentious issues so the draft is ready for a “legal scrubbing” by lawyers and scrutiny of foreign ministers meeting here next week. Southeast Asian heads of state hope to sign the covenant, which would accord ASEAN a legal personality, when they gather for their annual summit in Singapore in November, marking the 40th anniversary of the 10-member bloc’s 1967 founding. Philippine Foreign Assistant Secretary Luis Cruz said the charter would codify many of the principles that ASEAN has observed, including a bedrock rule of noninterference in each other’s domestic affairs. “It’ll turn ASEAN into a more rules-based organization,” Cruz said. A touchy issue has been enshrining the protection of human rights in a region where some countries’ rights records have been spotty at best. Myanmar, for example, has been condemned by Western governments and criticized even by fellow ASEAN members for ignoring calls to free political detainees, led by Nobel laureate Aung San Suu Kyi, and not implementing a promised roadmap to democracy. The draft charter calls for the “respect of fundamental freedoms, the promotion and protection of human rights and the promotion of social justice.” A Southeast Asian diplomat, speaking on condition of anonymity because he was not authorized to speak to media, said a high-level task force drafting the charter had not yet decided whether to include a contentious provision urging the establishment of a human rights commission. Some ASEAN members fear such a commission could allow scrutiny of rights conditions in one country, possibly violating the group’s noninterference policy.

Malaysia Rohingya Community Conference in 27 July 2007 On “Myanmar Junta’s Co-operation in a Test Secondly Decimating the Identity to Indigenous Rohingya”

This is the secondly by Myanmar Military Government advantaging only onto indigenous Rohingya by issuance of “Temporary Registration Certificate” (TRC), for afore done. Latter of 1991, Government issued  2”-3” white card, which shown in Myanmar that ;

‘Suspect’   Temporary Registration CardWith note at the back side, “ By this card is identifying no any nationality. 

Only to Rohingya, after Rohingya’s blue original  (4”-6”) 3 folding nationality card forfeited  for the result of renewal of the pink colour nationality card  which presently given to all indigenous.

 Force Into Temporary Resident 

When our Rohingya are not accepted temporary ID till 1993, the government, NaSaKa ( Border Security Force ) cruelly upgraded seizing more on their plantation and career, registration in education, census, municipal license and movement of village to village.

 

In summary, medical facilities were poor, the other hand destruction historical Mosques, holy places of worships and villages, lands confiscation, arbitrary killing and reported the anti-black insurgents from black areas, most of the villages have been upgraded moderate village with military families and most of Mosque areas had been changed museum, regime, store and restricted area. The worst are ignition to start crusade war between majority Rohingyas and Rakhines by replacing the rakhines.  

 

That is why UN branches under UNDP namely, AICF, UNHCR, UNICEF, MRCS, WFP, WHO, ICRC, CARE  and .. etc, supporting in every part of necessaries of Rohingyas including education, financial assistance and plantation. Mr.Habib from Rohingya Human Rights added that during he served once at AICF on 1996-97 in Maung Daw township, most of Rohingya’s plantation were being saved from government confiscation by hanging UN branch signboards.

 Succession step of Expulsion 

In latter of 1993, government authority engaged controversially to take  suspect TRC to solve some serious social occasion, and that card comprised widely for a few months without any harm in any section or movement. The hints was ultimately became migrants.

 Usually, about 6 months later, if someone in need of traveling within maximum (7) days, shall be proved firstly for the recommendation of Village Peace and Development Council, Town P D C, state P D C after attained form (4) Suspect traveling Permit shall issued after designation of family census to Immigration and, pass of traveling set-date shall be punished by Martial Law. 

Therefore, Oh,.. our insider Rohingyas, we have to remember that we are not living to day in Arkan State, we are the origin of Myanmar Indigenous Nationality. It has been explained our freedom fighter Noble Laureate Democracy Icon Daw Aung San Suu Kyi, our inmate blood bothers, scarified Martyrs and 700 AD World Encyclopedia records.

 

TRC is clear that is not eligible for our Rohingya and we hope that there is no one to forcible into resident ID. The Extremist Junta’s the marginalized, neglected and insulting of custom on Nationality, will be end and not so far a day. Because of nationality ID card is same colour, size, written in the context of citizen in the Constitution. Why ID for Rohingya id difference and not given the pink colour NRC card upon Rohingya.

 What we need ? 

1)      To form democratization under people elected who win the 82% and the land-slide winner in 1990.

 

2)      To free our Democracy Icon Daw Aung San Suu Kyi and all political prisoners.

 

3)      We are not agree or acceptable to improve disenfranchise  for minority by UNHCR management.

 

4)      To free Rohingya young students and villagers about 2000 who had been charged up to 17 years and detained in Arkan Central Jail for their movement town to town.

 

5)      UNSC to prosecute  the killing of Rohingyas in Nagamin Operation, killing in ‘8888’ and Pyi Tha Ya operation, killing along the Arkan and recorded head quarter to Junta as black insurgents from suspected black areas while some cutting woods, some hiding to escape force labour and fear of prosecution. It met  policy within (19) full fledged operation carried out of resulting deprivation of hearts and home., disproportionate suffering the whole community.

 

6)      Strongly condemn for being the issuance of Temporary Resident Certificate on Rohingya. What the co-operation come out from the government and UNHCR-Yangon, is not durable solution for the Rohingya stateless community around the World, which the out come of forward steps.

 

7)      The issuance should be exist  in Law to met the equality like other citizens.

 

      To stop what the effort of UNHCR-Myanmar’s activities is being conveyance the Rohingya to miserable ignorant heart, to live in the hell of barbarian society.

 

9)      To review all citizens Law.

 

10)  To modify the Citizen Law of the massacre military junta..

 

11)  To stop controversial tyranny and human rights violations.

 

12)  Religious and Cultural freedom.

 

13)  To met freedom of media and magazine.

 There is no Law to defined as migrants and given temporary resident in native own country perhaps origin of indigenous nationality. On be half of Rohingya, Rohingyas are needing to call strongly the International Humanitarian and who casting on Burma. Reported by,Habib

FORUM-ASIA Members Flag Human Rights Abuses in Sri Lanka

July 2nd, 2007 at 6:57 am (Media reports, Myanmar, Human Rights)

FORUM-ASIA Members Flag Human Rights Abuses in Sri Lanka

Wednesday, 27 June 2007

HUMAN RIGHTS AND HUMANITARIAN ISSUES On June 9, 2007, a broad group of civil society organizations NGOs and INGOs working in the field of human rights and humanitarian issues met in Colombo to discuss the present situation and to identify priority areas for action to be considered at the meeting between the President of Sri Lanka, Mahinda Rajapakse, and the UN High Commissioner for Human Rights, Louise Arbour. The meeting was organized by the Centre for Policy Alternatives (CPA) and the International Movement Against Discrimination and Racism (IMADR) in collaboration with the Centre for Humanitarian Agencies (CHA), INFORM and the Law and Society Trust (LST). The overarching issues that emerged related to the observation of national and international standards in both the human rights and humanitarian fields. In this context, the fulfillment of the pledges made by the Government of Sri Lanka on assuming membership of the UN Human Rights Council (HRC) was flagged as one of particular concern. Participants were unanimous in their agreement that the situation was bad, and was likely to get worse. While participants condemned violations committed by non-state actors including the LTTE and other armed paramilitary groups, and drew attention to their responsibilities for human rights protection, they emphasized the primary role and responsibility of the state in the protection of the human rights of all its citizens and in the upholding of humanitarian standards throughout the country. Therefore, respect for minimum human rights and humanitarian standards remains a priority. Human rights issues: Establish an office of the UN High Commissioner for Human Rights in Sri Lanka with a field presence for the monitoring of human rights; End impunity; bring perpetrators to justice; ensure appropriate reparation and protection for victims and survivors; Ensure that paramilitary groups and other armed groups are held accountable; Ensure that the GOSL’s meets its obligations in terms of its membership of the UN HRC, including issuing invitations to Special Rapporteurs; Reaffirm the GOSL’s commitments to international obligations under human rights law; Respect the freedom of expression; ensure newspapers are freely available, including in the North and East; and protect the right of media persons to engage in their profession; Ensure that all national legislation, including Emergency Regulations, conforms with human rights standards; Ensure that counter-terrorism operations do not violate human rights, including the right to reside in any part of the country and the right to freedom of movement; Respect human rights in arrest and detention processes; enforce Presidential Directives on Arrest and Detention; consolidate list of detainees and of places of detention to be available with the Ministry of Defense, the Police Department, the Ministry of Human Rights and the Human Rights Commission; Ensure that arrests are made by persons in uniform, acting in concert with local Police and following established legal procedures and the right of citizens to resist attempts to arrest or detain them by any person not in uniform; Ratify the Convention on Disappearances; and introduce enabling legislation; Re-appoint the Constitutional Council and council members in the independent commissions, including the National Human Rights Commission; Revisit and implement recommendations of previous Commissions of Inquiry; revisit recommendations of UN Working Group on Enforced and Involuntary Disappearances; Recognize the role of civil society and NGOs/INGOs in the promotion and protection of human rights and humanitarian norms; including their right to lobby within and outside Sri Lanka; Humanitarian issues: Ensure access of civil society, NGOs and INGOs to areas affected by the conflict and its impact; Facilitate the work and scope of humanitarian agencies, including on visa issues; Create a national legal framework for the protection of IDPs, using the Guiding Principles of Internal Displacement; Ensure disaster preparedness for dealing with displacement and other impacts of violence; Ensure equality and non-discrimination in disbursement of relief assistance and compensation to avoid ethnicization of humanitarian assistance; Ensure participation of and consultation with affected communities in decisionmaking, especially with regards resettlement and their futures; Ensure coordination between and stream lining of various authorities mandated with working for displaced persons, reconstruction, resettlement, rehabilitation; Ensure that processes of resettlement are respectful of human rights and human dignity, they are carried out by civilian administration with the support of security forces where required and ensure that returnees have adequate assistance and security; Ensure that due attention is paid to property damages and the restoration of livelihoods of resettled people; including addressing the impact of HSZs and other security restrictions on livelihoods and the right to mobility; Ensure more information and transparency regarding humanitarian policies; including resettlement and development of conflict-affected areas; Signed by Centre for Human Rights and Development Centre for Policy Alternatives INFORM International Centre for Ethnic Studies International Movement Against Discrimination and Racism Law and Society Trust Muslim Information Centre National Peace Council Social Scientists’ Association Women and Media Collective June 12 2007

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“Again UNHCR recognized 9 Rohingya refugees Death during Crossing the Border into Malaysia”

UNHCR recognized 9 Rohingya refugees were arrested from Kajang and detained to Semenyith Detention Camp on the year above. During deportation, Immigration handed over those 9 Rohingyas to Thailand authority. Usually, they have to reenter to Malaysia under handed-over-agency by 2000 RM payment for each if not, they would be sell to fishing boat or plantation /or not, Thailand authority would hand over voluntary to Myanmar authority would be persecuted or killed because of being of Rohingya. As such they were trying to reenter Malaysia by Agent and Agent hided them inside the Ice Box Lorry. Unfortunately the lorry driver was driving speedier and another Trailer was also in speed as well as between accident of Lorry and Trailer, 9 Rohingyas have death.

The accident was Sungai Golok to Highway Patani Tinmor near Temerloh. The driver, Faizi s/o Omar was sent to Hospital Termerloh.

.

Still waiting for more details.

Report by,

Mr.Habib

General Secretary

Rohingya Human Rights Organization, Malaysia

“The Situation of UNHCR recognized stateless Rohingya Refugees in Malaysia”

 Introduction
The early Muslim settlement in Arkan since 7^th Century AD. Rohingya is one of 137 ethnics groups and second majority is being Muslim but still surviving under endless tyranny since later of 1962. Its has widely proved fact for long time ago.

There are nothing to say about the systematically discrimination, oppression, decentralizing, persecution, arrest, accusation, jailing,destruction Muslims Grave yards, Mosques, religious schools,villages, confiscation , nationalizing and deny from citizenship. We are facing extremination campaign in the hand of Myanmar military Junta as;

 

• Rohingyas land-areas had been defined as black insurgent area and no bundle for killing if some one was suspected.

• Systematically confliction for flee to homeland and making homeless and ultimately pushing to outside countries.

• Moderate assignment building by replacing with Government military families and Rakhine families at Rohingya villages.

• Force labour and porter for front battle position, carriage of arms and ammunition bundles, embankment, break water, channel digging, fencing and fetching.

• Rohingyas are not allow traveling village to village or town to town or state to state if some one in need of traveling within maximum 7 days, he/she shall be proved firstly for the recommendation of Village Peace and development Council, T.P.D.C, S.P.D.C after attained form (4) suspect traveling permit shall issue after designation of family census to Immigration and passed of traveling set-date shall be punish by Martial law.

• Later of 1978, Thaung Guk township of Arkan has promoted as capital punishment area for Rohingyas.

• Government forfeited old blue (4”-6”) national cards and not yet issue officially pink colour cards(2”-3”) for Muslims.

• Rohingya students are not allow to get any degree or career diploma and no acception to Government staff or private sectors without nationality card.

• Rohingya are not allow to get marriage without big amount bribery.

Half of Rohingya Arkanian were became stateless refugees and arrived to foreign Lands after many days crossed from the risks.

Arrival of Rohingya to Malaysia

The systematic discrimination started against our people with the aid of ultra racist Rakhine (Bangali Mough) after 1962. General Nay Win and his only political party, Myanmar Socialist Program Party (MSPP) is the sole responsible for it. As a result, people migrated to foreign countries including Malaysia. The major group abandoned Arakan in 1978 immediately before and after “Naga Min Operation”, “8888” occasion and 1990 election, 1992 during Pyi Thaya and Na Sa Ka Operation.

Estimated population in Malaysia

According to 2002 data collection, the total population is about 12000. Of them there are 1000 families with average of 5 persons per family. Among of them there are about 3000 children i.e. 3 kids per family. The rest are single that is around 7000.

According to 2007, UNHCR-Malaysia Country Operation Plan, the total population is about 11277, 24% are women and 16% are children.

UNHCR’s stand for Rohingyas

Temporary protection letters (TPL) is issued with the validity of 6 months. It is another barrier, especially for family members. Need to renew in every 6 month. Again, it was costly, long journey for the peoples leaving out skirt of KL, and also risky. It continues till 2005. later,

Up on insistent complaints the TPL were replaced with cards in late 2005 with the validity of three years.

No application is accept for interview since late 2004. No resettlement for recognized refugees. This is only Rohingya not for others.

The worst are frontier UNHCR is unable to practise the protection on refugees.

Status of Rohingya in Malaysia

In 1992, the Malaysian government issued temporary document called “Pass card” to some Rohingyas. Duration of the document was 6 months. No more pass cards were issued after one year. Since then and up to 2002, people stays without any legal documents. Therefore, people went through various difficulties

The plights (1994-2007)

Being vixtims of traffickers and undocumented frequently arrested by authorities of Malaysia. Then detainees were kept in lock up for up to one or two months. Later sent them to detention camp to other afar camp and there have to spent minimum 2 months and in some cases up to 6 months, some are sent to the Jail after chared for illegal entry by the Court because of even refugees have not commit the crime, they have breached the Act of Immigration . Finally Malay immigration deported them to the Thailand border. Once a person was arrested he/she has to spend at least 6 months to enter again to Malaysia. If every thing was not gone smoothly it definitely would take 1 year just to enter Malaysia. How our life time is wasted for merely survival. If the detainees were hand over to Thai immigration then they were really in a trouble. They were kept in IDC at least for one month. Then the Thai immigration will sent them to the border of Burma. Some were arrested by Burmese officers and sentenced long terms imprisonment. Few stay in Thailand. Most of them again reenter to Malaysia. And it was very costly and time consuming. This is really a vicious circle. However it becomes a routine circle of Rohingya in their lives.

Latter of 2004, on the current policy, Rohingyas are neither deportation nor legal protection. Its horrific condition lead detainee-ownself appeal for deportation and cancellation of UNHCR recognition. UNHCR recognized stateless Rohingya rfefugee detainees were handed over to Thailand authrity before pass to border for granted payment of 2000 RM for each entry again to Malaysia, if not granted to serve in unsecure fishing boat or plantation.

Definitely, no one to stop such rule including oftenly trying indirectly to return to the origin of persecution and an exercise of State Jurisdiction in regard to penalizing for illegal entry on refugees.

In 2002

In May 2002, the government announced to go back all illegal immigrants to their respective countries. There issued an ultimatum that all illegal immigrants should leave Malaysia in two months time. The punishment was too harsh for those who caught after the dead line. It was a tough time for us as our position is not the same as other immigrants. The Burmese government was not ready to accept us. We are not immigrant but victim of persecution, oppression of Burmese Military regime. We consider ourselves refugees rather than illegal immigrants. Apparently we approached to UNHCR Kuala Lumpur. Consequently UNHCR agreed to issue a letter called “Rohingya certification letter”. After few months UNHCR replaced it with temporary protection letters.

Declaration of against flooding refugees , 2007.

According to Malaysia Home Minister Mohd Radzi Sheikh Ahmed thesis;

• Malaysia has not signatory to any agreement concerning refugee which mean do not recognized UNHCR’s refugees in 02-Feb-2007,source from News Strait Time.

• Malaysia is like other United Nation member Countries, do not recognized UNHCR’s Power.

• We are happy in “if the UNHCR here had their own camp, they provide shelter, funding..and promise to repatriate the refugees”in 09:18 AM, 15 March 2007, source from Malaysiakini.

• Refugees have become a perennial problem for us, anybody who comes into the Country without proper documentation will be consider illegal, we have more than our fair share, they should be relocate to a third country, the fact is we are not signatory to 1951 06 1967 Refugee Convention, we have called the Agency, US came to see, where they can absorb, they will.., in 18 April 2007, NST page 8.

• “If they do not commit crimes and merely break immigration Laws, then we want to deport them immediately. Said Deputy Prime Minister after opening the Ampang UMNO division meeting ( source from NST page 2, 23 July 2007 ).

Announcement of Myanmar Junta’s ethnic cleansing

• In Nov 2003,.. Malaysia Foreign Minister Datuk Seri Syed Hamid Alber had been concerned about Rohingyas but Myanmar Government is not willing to accept and Embassy of Myanmar Counceller U Khin Maung Lynn said that Rohingya is not among from Ethnic groups and infected from Bangladesh in 1970s.

• Burma citizenship law denied citizenship to member of Muslim minority in Arkan State, generally known as “Rohingya”. (“according to a join statement release by six independent human rights expert in 04 April 2007”).

 

Horrific Condition in Detention

In the spirit of non-magnant on refugees, making nude check, over crowding, various punishment, confiscation, insufficent and malnutrition food providing, lack of medication and senitation.

International Committee of Red Cross, NGOs and Media are not yet allow to visit.

Employment problems

In Malaysia, to secure a job, one should have employment pass or work permit. This is the law of Malaysia. Obviously you should have passport to obtain it. So, employers are reluctant to employ our people. Presently our people are surviving at hoc or par time basis. However, few peoples are manage to get regular work. Most of house wifes and children being to beggery after the husband or custody was arrested.

Education of children

There is no permission to enroll children at schools. Even in religious schools. They never ever received even moral education as well. The children are in a pitiful situation just passing their time in playing and loitering. When attain to juvenile age, some of them involved in petty crimes; pilfering. When they grown up they might involved in big crimes. That will further increase social problems. They will become a nuisance / disturbance for us and the host country. Without having basic education.Moreover we were facing, our life is nearly gone but our responsibility absence for our children education, we over-see that their innocences could be sustain in the dark and no one know the value of life. About 3,000 Rohingya children unable to attend at Government Schools because of our children had not official document except UNHCR ID Card ,some children have birth-certificate and UNHCR ID Card and their parents have only UNHCR’s recognized ID Card. So its not comprise to prescribed Constitution of Malaysia. The children are growing up day by day out of none access of Education. Some parents are trying to be comprise and to became Malaysian citizen with reference as foster-child but the results is denied by Law. Even though some of 10% parents encouraged for “home learning sector” but in vain when one of that children’s family faced arrest, medic treatment, suffered for financial issue and assistances or similar persecution.

IMM 13

In Oct 2005, the government of Malaysia announced in local news papers to issue IMM 13 to Rohingya. It is a kind of temporary stay pass. The fee is RM 90.00 per year. With that one could work freely work anywhere and the children can attend schools. And can seek treatment at hospital . Decision is clear and already approved by minister. Speculation is ripe that it will be issued starting from 1st August 2006 . But not yet issue any legal paper or Id card to Rohingyas. Some of IMM 13 receipt holders were still held in detention camps.

Casting on IMM(13)

IMM 13 is;

(1)Labour Permit and replacement of foreign workers

(2)Shall be renew every year till temporary staying and unable to repetraite.

(3)Its not comprised to the rights obligation of stateless Rohingya refugee under 1951 UN Convention or 1967 Protocol.

(4)Its holders are being reloaded today in Sabah State Malaysia.

Conclusion

In conclusion we can infer that we are in need of more social scientists rather than medical doctors, chemists or physicists. If I point out exactly we are lack of qualified, sincere, and capable leader or pointer who can tackle our problems and can put us in the right tract. And also we need to overhaul the whole system.

We are needing International Legal Protection to safe Country under refugees Convention which is rights to stateless refugees, aimlessness, thoroughly empathy, inhumani physical abuse, occasionally arrests and ill-treatment. During host Country does not propose to became a party, still not acceded to the convention, non-practice of Customary International Law or Principle of non-refoulement and UNHCR’s asylum system are overwhelm.

“Humbly Request for pl, do not hesitate and distinguish us in sharing obligation”

 

by -habib

 

Protesters condemn junta’s ’sham’ talks

Protesters condemn junta’s ’sham’ talks

Jul 17, 07 4:30pm Adjust font size:

About 50 demonstrators in Kuala Lumpur today denounced Burma’s “sham” talks on a new constitution and condemned Russian involvement with the reclusive country’s military regime. The protesters, from the Malaysian branch of the Democratic Federation of Burma, gathered outside the Burmese embassy before moving their protest to the Russian diplomatic mission. Their action came the day before the Burmese junta (renamed Myanmar by the junta) was scheduled to open a National Convention, which it says will be the last round of talks on a new constitution. Analysts have criticised the proposal for a new charter as a tool to tighten the junta’s grip on power. “Stop sham National Convention,” said a leaflet handed out by the protesters. They said the meeting does not reflect the will of the people, “and your draft constitution will be the military constitution.” The military’s hand-picked delegates at the National Convention have been meeting on and off since 1993 to draft the guidelines of a new charter, purportedly the first step on the generals’ “road map” to democracy. Last held in December, the talks have been derided by the European Union, the United States and the United Nations for failing to include detained democracy leader Aung San Suu Kyi. Protest against Russians The Malaysian protesters, most of them Burmese migrant workers or refugees, called for the release of Nobel laureate Aung San Suu Kyi and other political prisoners. In a subsequent protest outside the Russian embassy they shouted, “Russia out of Burma’s affairs!” Russia announced in May that it had agreed to help build a nuclear research centre in Burma. Protesters called on Russia to “stop its support of the Burmese military government without further delay.” Burma, one of the world’s poorest nations, is subject to US and European economic sanctions because of human rights abuses and for keeping Aung San Suu Kyi under house arrest. But the impact of the sanctions has been weakened by the eagerness of some countries to tap Myanmar’s vast natural wealth to fuel their own economies.

‘Rehabilitation’ centres: rein them in

‘Rehabilitation’ centres: rein them in

Jul 20, 07 2:16pm Adjust font size:

Suhakam should work out fact-finding missions to all ‘faith rehabilitation centres’. Human rights groups must begin documenting them and ultimately bring this to the attention of the authorities, including the UN Human Rights Council. On Revathi: Toughest experience in my life Salbiah Ahmad: I read with growing concern over the little known faith rehabilitation centres set up by state governments. I sincerely hope that our parliamentarians can raise a query on the same. We need to know numbers, who has oversight of these incarceration centres and whether those deprived of their liberty are given right to counsel or legal aid assistance. I hope that independent, non-government legal aid assistance like that of the KL Bar Legal Aid are given access to those deprived of their liberty. Certainly Suhakam should at once work out fact-finding missions to all the existing centres without delay. Human rights groups and defenders should be encouraged to begin documenting on the matter and ultimately bring attention to the situation to the authorities, including the UN Human Rights Council. Let us not lose any more time. On Najib’s ‘Islamic state’ remark draws protest MS: Now that Najib has said Malaysia is not secular, can we ask fellow minister Muhiyuddin to issue detailed new instructions to the other Barisan Nasional parties on how to explain this to their grassroots. After all, he has asked them to explain the Merdeka contract which most certainly did not include this. And while doing so, can the member parties also state that the NEP can now be discarded as it is patently untenable for the majority to live off the remainder. On Evaluate intellectual calibre of our politicians Siew Wah: This letter deserves the top priority attention of Prime Minister Abdullah Ahmad Badawi. But then how would he know about it when he is pre-occupied with holding three portfolios and always saying. ‘I don’t know, let me check’ when confronted by people wanting to know about issues? Sad, really sad. On Leave interpretation of Islam to the experts PT Tan: I think it should be the other way round – ‘experts’ should leave religion alone. Anyone is an expert on God and all matters relating to it. Any one can talk to God through prayer and how God chooses to answer, the experts have no clue. Everyone is answerable to God and what his punishment is (in Hell) or reward (in Heaven) – no one can guarantee it. Any earthly warranty is void and no expert can be counted upon to put a bond on God’s behavior. God cannot be sued. Azahar Idris: It sickens me when wrong people giving all sorts of personal opinions on Islam. Things could go haywire if any Tom, Dick and Harry is allowed to speak freely on Islam. Islam has laid a set of rules and regulations that have to be followed if someone wants to be a Muslim. If, for any reason, one cannot follow or refuse to believe in any of the set rules, then he or she has no reason to talk about Islam. Our minds are just too frail to understand or explain these rules and regulations. We just have to accept them. This is what ‘iman’ is all about.

“Burmese Democratic Forces denounces the SPDC’s Sham National Convention and urges to stop Nuclear Program”

Burmese Democratic Forces denounces the SPDC’s Sham National Convention and urges to stop Nuclear Program.

 By Mohammad Sadek Kuala Lumpur, July 17, 2007:

Burmese Democratic in Malaysia have strongly denounced the sham national convention and urged to stop nuclear program Today, a group of about 100 Burmese democracy activists held a demonstration in front of Burmese Embassy in Kuala Lumpur at about 11:15am and demanded the Burmese regime with a press statement that to release Daw Aung San Suu Kyi, U Tin Oo, U Khun Htun Oo, Writer U Win Tin and U Kyaw Min immediately and unconditionally; to release all political prisoners unconditionally; to stop nuclear enrichment program; to stop Sham National Convention and allow putting the will of people representatives; to permit to open the offices of legal political party (NLD) immediately; to decrease the taxes of Burmese workers in Malaysia; and to stop human rights violations.

During the time of demonstration the Malaysia authority more than 100 policemen were taking care of the program and co-operated the demonstrators. The demonstration was organized by the Democratic Federation of Burma (DFB), Malaysia branch, while democratic dissidents from the Democratic Federation of Burma (DFB), National League for Democracy-Liberated Area (NLD-LA) led by Dr. Naing Linn, Burma Youth Secret Organization (BYSO), Christian Community Clinic Center (CCCC), National Democratic Party for Human Rights (NDPHR) exile (Malaysia Branch, Rohingya Organization led by Mr. Zafar, Chin Nationalities League for Solidarity (CNLS) and member organizations of All Burma Democratic Force (ABDF) took part in the event.

 In their statement, the DFB mentioned that gwe are standing and struggling for reality. We are not doing anything for ourselves. We are not scarifying our lives senselessly. We are trying utmost for our people and civil society of Burma as they would not loss their human dignity. What about youHh At the same time these democratic dissidents demonstrated in front of Russian Embassy at about 11:50 am, denouncing the policy of Russian government towards Burma and misuse of its veto at the United Nations Security Council. They expressed their deep concern that the Russian Govt.fs exploitation of logging in northern Burma , which has resulted in tremendous environmental damage to the country, could cause a negative impact on an already fragile environment. Demonstrators also expressed that g Burma is a threat to the regional and International peace and security as regime has been getting support from Russia in planting nuclear reactors in Burma . The regime has a major program underway to exploit Burma fs reserves of uranium ore, including through processing into the refined form known as yellowcake. When asked, Aung Kyaw Moe, the Vice-Chairman of DFB, Malaysia branch said, if the conventions is resuming for the welfare of people and country, why not releasing Daw Aung San Suu Kyi, the Nobel Peace Laureate, and the daughter of Burmafs father of army Bogyoke Aung San, whose release is constantly urging by the international communities and why not releasing the political prisoners whose numbers are about 1400. On the other hand, Maung Thein, the Chairman of DFB expressed that gwe will continue our rightful struggle unless there is democratic transition in Burma .h A member of National Democratic Party for Human Rights (NDPHR) exile, Malaysia Branch, an ethnic Rohingya organ said that Burma is one of the largest sources of refugees, human trafficking, narcotics and both communicable diseases and other public health and law enforcement problems. Russia would use its power to protect the safety and livelihoods of all citizens of Burma and to ensure that all Burmese people are able to live in peace, freedom, justice and dignity. Mentioned may be made that the regime is going to resume its national convention on the 18^{th of July 2007 to finalize state constitution without the will of people including the peoplefs elected representatives from National League for Democracy (NLD) and other ethnic nationalities organizations.}