A migrant rights group has denied that the settlement raided by the authorities in Nilai Spring, Negeri Sembilan, last week, was an illegal colony as claimed by the Immigration Department.
According to Jakarta-based Migrant Care, the wooden houses and structures, including a makeshift school, were instead erected in a secluded area linked to employers who hired the initial group of Indonesian workers for sand mining activities in the area, some nine years ago.
Since then, the number of settlers grew with additions of the elderly, women, and children, making up the 67 individuals arrested on Feb 1, including 20 boys and 16 girls - all of whom are now being detained at the Lenggeng Immigration Depot.
The group was responding to a statement by Immigration director-general Khairul Dzaimee Daud today that the discovery of the structures and makeshift school was an indication that the migrants had intentions to stay illegally in Malaysia for a long time.
Disputing this, Migrant Care said all of the women and children, as well as the majority of the men, have made preparations to return home for good, including providing the children with an education that will help them integrate with the Indonesian system.
The group has also obtained temporary travel documents issued by the Indonesian mission here in lieu of passports, and were valid for a year.
'Raid done according to procedures'
Responding to a Malaysiakini report that quoted Indonesia's National Commission on Human Rights (Komnas HAM) condemning the raid, Khairul Dzaimee today reiterated that the multi-agency raid was launched after a one-month surveillance prompted by public complaints.
"The operation was done in a proper manner and according to set procedures," he said.
Khairul Dzaimee stressed that those arrested were found to have flouted various sections under the Immigration Act 1959/1963, Passport Act 1966, and Immigration Regulations 1963.
"With regard to the welfare aspect of detainees in Immigration depots, the department remains committed to ensuring their wellbeing is being taken care of according to set standards, including that of women and children.
"The department constantly ensures the safety and welfare of migrants, particularly the children," said Khairul Dzaimee.
He was responding to the earlier criticism by Komnas HAM on the arrests of the women and children, aged as young as two-months-old, during the raid.
The group cited principles of the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination Against Women (Cedaw), and the Convention on the Rights of the Child (CRC), of which both Malaysia and Indonesia are parties.
Komnas HAM's statement echoed a similar call by Suhakam chairperson Rahmat Mohamad who stressed that it is Malaysia’s obligation to act in accordance with the CRC to protect the children’s best interests.
According to Khairul Dzaimee further, the matter was also raised in recent discussions between Home Minister Saifuddin Nasution Ismail, Indonesia's Manpower Minister Ida Fauziyah, and Indonesia's Law and Human Rights Minister Yasonna Laoly.
'Repatriation soon'
When contacted, Indonesian Ambassador to Malaysia, Hermono, confirmed that he had met with the detainees at the Lenggeng depot today and requested their earliest repatriation, with all costs borne by Indonesia.
"They are in good condition but they cried when they met me," he told Malaysiakini.
At the same time, Hermono said he was informed by some of the workers - mostly from East Nusa Tenggara - that their salaries were allegedly withheld by employers.
"Please just don't take action against the undocumented migrants, but also go for the employers.
"Upholding of the law must be just," said the envoy.
Hermono added the workers had also left behind their belongings at the settlement site, which has since been demolished.
In response to the demolition, Migrant Care country director Alex Ong said local authorities should only take such actions after an undocumented migrant has been found guilty.
"In this case, we were informed that the area is a 'kongsi' or housing for workers.
"It should not be destroyed along with the workers' belongings, while they are still in detention," he said, noting that items lost could include savings and personal documents.
"Seizure of any items that belonged to the migrants, including money, must be done transparently," he added.
Under current labour laws, employers are required to provide their migrant workers with housing that meets a minimum safety standard, unlike the makeshift 'kongsi' accommodations often found nearby project sites.
Previously, Negeri Sembilan Menteri Besar Aminuddin Harun described the discovery of the settlement as a serious matter that should not happen in the state. - Mkini
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