Human Rights Watch (HRW) plans to meet Home Minister Saifuddin Nasution Ismail over its latest report on Malaysia’s arbitrary detention of migrants and refugees titled “We Can’t See The Sun, Malaysia’s Arbitrary Detention of Migrants and Refugees”.
According to the report, HRW had sent a letter to the Home Ministry requesting input on the report’s findings but has not received a response thus far.
Former Suhakam commissioner Jerald Joseph, who co-authored the report said that some engagements with the government are expected to be held this week.
However, there is no news on whether Saifuddin would participate.
“The report is to be presented to the government. So, the good news is that this week is a week of engagement (over the report).
“We have met with the deputy law minister (M Kulasegaran) and will meet with Immigration director-general (Ruslin Jusoh) this afternoon.
“Plus, we will be meeting the Foreign Affairs Ministry and the Parliamentary Select Committee on Human Rights, Election and Institutional Reform.
“We plan to meet the home minister as well but no confirmation yet,” he said during a press conference today.
At today’s event, Jerald (above) claimed the government was making very little progress when it comes to handling refugees and migrants.
This includes simple measures such as Malaysia granting UNHCR full access to immigration detention centres.
“With a new government and a new (Immigration) director-general, there was more hope that UNHCR would be allowed (to enter detention centres) but I think something is wrong if they are seemingly begging to do it.
“Something is also wrong if the immigration director-general or Home Ministry can decide when and how UNHCR can enter (these depots).
“There is already a framework between United Nations entities and the government of an agreement,” Jerald said.
Meanwhile, HRW Asia researcher Shayna Bauchner said it would be an “easy win” for the government to give the UNHCR access to detention centres.
She reminded that Anwar had written a statement in 2021 saying: ‘I am shocked and appalled by the arrogant and isolationist rhetoric used by the home minister (Hamzah Zainudin) with regards to the request to observe immigration detention depots by the UN High Commissioner for Refugees (UNHCR).”
‘New govt, same issues’
Bauchner said that nothing has changed with the new government, with UNHCR continuing to have conversations requesting access but denied.
“There is zero rationale to continue to bar them from Immigration depots,” Bauchner added.
Saifuddin, on Feb 16, said that his ministry had no qualms about the UNCHR visiting detainees at immigration depots.
The UN agency earlier that month claimed it had not received approval from the Immigration Department to access detention centres since August 2019.
It remains unclear if they have been granted access since Saifuddin’s statement.
Malaysia has not signed or ratified the 1951 UN Refugee Convention or its 1967 Protocol, therefore lacking any legal framework or procedure for determining refugee status as well as recognising or protecting asylum seekers.
In HRW’s report released today, the international rights organisation presented chilling revelations about the state of immigration detention centres nationwide, including eyewitness accounts of abuse on children.
This included data that a total of 1,467 children were confined in 20 immigration detention centres across the nation, as of September 2023.
The group also said children in the detention centres, commonly known as depots, frequently faced the same abuses as adult detainees - including denial of medical care, inadequate food and ill-treatment.
The government itself has acknowledged the alarming rate of child mortality statistics within detention, citing seven deaths in 2022. However, specific details regarding the causes were not disclosed.
It was also revealed that hundreds of deaths in immigration detention centres were linked to ill-treatment and inadequate medical care.
The report detailed personal accounts of how officers mete out punishments for noise, smoking, asking questions or raising concerns about the conditions, talking to the adjacent block, fighting or having cell phones or others.
Of the 23 migrants and refugees interviewed by Human Rights Watch, 15 reported being assaulted and all have witnessed beatings while in immigration detention.
The report makes recommendations as well, to improve refugee rights and protection, safeguard children against detention and urgently improve detention centres to meet international standards.
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