Suhakam calls for independent probe into Sg Bakap riot, deaths

 

In the aftermath of an immigration detention centre breakout which led to the death of six Rohingya refugees, Suhakam's children’s commissioner has called for an independent probe into the incident that does not involve the Home Ministry.

Noor Aziah Mohd Awal expressed sadness over the death of two children who were among those killed as they attempted to cross a highway when 542 fled an immigration depot in Sungai Bakap, Penang after a riot erupted.

"The government must also establish an independent body consisting of representatives other than the Home Ministry to investigate the incident.

"Based on my observations during monitoring visits to immigration detention centres in Lenggeng (Negeri Sembilan), the depot was overcrowded with detainees, and in Lenggeng, Langkawi and Belantik (Kedah), the depots were understaffed.

“The government must add personnel to understaffed immigration depots," she said in a statement today.

Suhakam's children’s commissioner Noor Aziah Mohd Awal

Aziah explained that while most migrant detainees are deported back to their countries of origin through the intervention of the embassy of their respective countries, the Rohingya refugees are unable to return back to Myanmar based on international customary law.

"This refers to the principle of non-refoulment that guarantees that no one should be returned to their country where they are subjected to persecution," she said.

Issue UNHCR cards

She reminded the government that Malaysia is a party to the 1989 Convention on the Rights of the Child (CRC).

"Article 22 of the CRC states that the state must ensure that a child who is seeking refugee status or who has been determined to be a refugee shall receive appropriate protection and humanitarian assistance.

"In addition, children who are seeking asylum or who have been granted refugee status are entitled to the full enjoyment of their rights under the four basic principles of the CRC which states that children should not be discriminated against, be treated with humanity and respect, have their voices heard and to prioritise the best interests of the child," she added.

As such, Aziah urged the government to consider allowing the United Nations High Commissioner for Refugees (UNHCR) to issue UNHCR cards to all Rohingya refugees, particularly those who were involved in the riot.

Rohingya refugees fleeing immigration depot in Sungai Bakap, Penang on April 20

"The UNHCR’s resettlement programme is proposed to also prioritise the Rohingya in an aspiration towards a durable solution in the form of resettlement to a third country," she said.

Show compassion

Aziah called for more compassionate treatment including not reprimanding those re-arrested following the incident and not instilling fear or hatred amongst the local population towards the Rohingya escapees who are still at large.

"We must include Rohingya children in the alternative to detention pilot project as these children need to be given the opportunity to live in a more secure and conducive environment,” she said.

Yesterday, Home Minister Hamzah Zainudin continued to adopt a defiant and hardline position, saying that authorities placed arrested refugees under prolonged detention in immigration depots to serve as a "lesson" for other migrants to not enter the country illegally.

Hamzah insisted Malaysia treated refugees well in the spirit of humanity by providing food and shelter, and that they could "leave the country" if they were unhappy here. - Mkini