Refugee and migrant rights groups have urged newly appointed immigration director-general (DG) Ruslin Jusoh (above) to discuss migrant issues with NGOs.
This is to assist him in addressing the root causes.
“We want the new DG to engage with NGOs who work with migrant communities to address the issue of undocumented migrants.
“This is better than using the Immigration Act to criminalise them, for we know many of them are undocumented or became undocumented due to no fault of theirs,” Tenaganita executive director Glorene A Das told Malaysiakini.
Glorene said Ruslin should acknowledge that the system to manage migrants is not consistent and has many loopholes.
Recently, Ruslin said he will focus on integrity issues among staff to prevent abuse of power in the Immigration Department.
According to Ruslin, there were only a few “bad apples” in the Immigration Department and he is prepared to take strict action not only against rank and file officers but also the top management.
The DG also stated that the Immigration Department will work together with the MACC to investigate the suspected involvement of its enforcement officers in a smuggling syndicate responsible for bringing foreigners from the Philippines to Malaysia.
'Previous DGs didn't talk to us'
North-South Initiative executive director Adrian Pereira echoed Glorene’s statement that Ruslin should begin by talking to relevant NGOs.
He said the previous two DGs - Mustafar Ali and Khairul Dzaimee Daud - did not hold any significant meetings with the NGOs on such matters.
“Ruslin should have a serious meeting with the NGOs, sincerely listen to us to know the problem underground, the lessons learnt from Covid-19 where many people died, got detained and punished unjustly.
“Call for meetings, meet the migrant leaders, find out what abuses have been done by his own officers, what are the new standard operating procedures needed and bring an end to the culture of secrecy,” he added.
Recently, the Home Ministry said 150 foreigners had died in custody between January and December last year.
According to Adrian, immigration detention centres need to be covered by the Penal Code - which mandates inquiries when death in custody happens.
"Given the alarming number of deaths in immigration detention centres, Ruslin should call for a royal commission of inquiry (RCI) to investigative it," he said.
In a prominent case, Nigerian student Thomas Orhions Ewansiha was found dead in immigration custody in July 2019, despite having a valid passport and student visa.
His family’s lawyer, Rajesh Nagarajan, claimed that immigration officers beat Ewansiha during the arrest and then forced him to perform frog jumps at the Bukit Jalil Immigration Depot.
Adrian believed that the department needs a major reset as simply changing policy will not suffice.
“We have to look into conflicts of interest, ensure reform in the detention processes and the elimination of forced labour. We have to stop criminalising undocumented migrants,” he added.
‘Let’s become a role model’
Another issue is the forced repatriation of asylum seekers. In February 2021, the Immigration Department deported 1,086 Myanmar nationals despite the Kuala Lumpur High Court issuing an interim stay to halt the exercise.
This happened amid Myanmar experiencing a military coup and some of them could have been facing death at the hands of the new regime.
Adrian believed that Malaysia should become a global role model by addressing the root causes of why people seek asylum in the country - such as poverty, inequality and conflict.
Sending asylum seekers back, he stressed, will not help them if they are prosecuted in their country and at high risk of being abused and punished.
Glorene hopes Ruslin will incorporate the human rights framework in the execution of his work.
“(This is) so asylum seekers are not deported to the country they are fleeing from,” she said.
She also wished to see Ruslin work with the Human Resources Ministry to push for a comprehensive labour migration policy to regulate recruitment, placements, and employment of migrant workers. - Mkini
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