US pressure bodes ill for Burmese migrants


JJ Kim

Feb 15, 2010 (DVB)–Thousands of undocumented migrants in Malaysia, many of whom are recognised refugees from Burma, are likely to be arrested in coming weeks following heavy pressure from the US to eradicate human trafficking.

Malaysia’s immigration department is to clamp down on the employers of undocumented migrants in the constructing and manufacturing sectors, charging them under the Anti-Trafficking Persons Act (APTA). According to local worker rights groups, thousands of migrant workers will be detained in the process without charges while those deemed victims of human trafficking will be deported to Burma.

The shift in policy, announced in January, comes after increased pressure from the US on Malaysian authorities to bring a halt to the selling of foreign nationals for commercial exploits, such as labour and prostitution. Since the US senate publicised a report on the issue in April 2009, human trafficking has been curbed massively. However, raids and arrests continue and are expected to soar once the upcoming crackdown is underway.

According to community-based organisations working with Burmese migrants, detention facilities and prisons across the nation are already severely overcrowded since detainees are no longer being deported via traffickers. It is estimated that there are currently between 4,000 and 5,000 Burmese men, women and children in detention, compared with around 2,000 in April and less than 3,000 in August.

Pranom Somwong, who has more than 10 years’ experience working with Burmese migrants in Thailand and Malaysia, is now coordinator of Workers Hub For Change (WH4C) and Network for Action on Migrants in Malaysia (NAMM), based in Kuala Lumpur, Malaysia’s capital.

“Before, [immigration] would deport migrants to the Thai border, where they would often pay and be freed, but now, because of the huge allegations about trafficking, migrants from Burma are piling up in detention centres and have to be there for many months.” she said.

“But now, when migrants should come out of detention they have to spend 550 MYR [$US160] to go through the Burmese embassy and proceed back to Burma. If they don't have money they end up in detention for a longer term.”

Many of these detainees have now been held for over six months, a few for more than two years. They reportedly live in sub-standard conditions and are often subject to abusive treatment by guards. Figures from August 2009 show that five out of the nation’s 13 detention centres were over-populated, some holding twice their capacity. Disease is widespread, and according to reports in the Malaysian media, deaths average as high as 18 per month. Local groups say that there are also high death rates among ex-detainees shortly after their release due to malnutrition and unhygienic living conditions.

Among those held are refugees who have been registered by the UN High Commissioner for Refugees (UNHCR). They are indiscriminately arrested by Malaysian authorities although can often gain freedom more easily with the help of the UN agency.

In April 2009, Aung Soe Win, a registered refugee, was arrested along with his friend, Maung Twa,n during two consecutive raids on a restaurant where they worked. Whilst being held at Putrajaya immigration office for an extended period, Maung Twan became severely ill and died.

“The place we were held was very bad,” Aung Soe Win explained following his release. “The toilet was always overflowing and there was no water for it or windows…Every three days, 50 of us would be given an hour to shower under two shower heads.

“After about a month, Maung Twan started to get sick. His legs became swollen and he’s was bleeding and coughing and vomiting a lot. Whenever the officers would pass by our cell we would ask for medical attention. We asked so many times that I cannot remember how many, but they only gave him treatment after he started showing signs of serious illness. At this point it was almost too late to help him.

“After being sick for two months he got so sick that he could not walk. The immigration officers became angry with him and asked why he would not walk. We showed them his legs and how sick he was. Two months later, they took him to hospital. Two weeks after that he died, at age 18.

“I was released by UNHCR shortly after his death. The officers told me that if I did not take his body he would be given to the dogs. This made me very angry. We were no criminals, we were just refugees and we were treated so badly in our country. We are not treated like humans. If we were, my friend would be alive right now.”

Among the deaths of Burmese detainees in 2009 a number are thought to have been caused by Leptopirosis, a waterborne disease, typically caused by exposure to animal urine, most commonly rat.

Speaking under anonymity, ethnic group-based refugee committees in Malaysia have told of severe mistreatment in the detention facilities. “Among the greatest concerns is the treatment of women and children,” said one group’s spokesperson. “Pregnant women are often arrested and then kept in detention under the same conditions as everybody else, and often forced to give birth in their cells. Females are not given any sanitary pads or tampons and many of them believe the presence of blood will bring demons and bad spirits so they live in fear. It’s horrific, there’s blood everywhere and the roofs are very low and it gets hot.”

Sexual abuse committed by the warders is also documented regularly, on both men and women. “At Semenyih [refugee] camp, one young woman is taken once a week on rotation. They are gone for the night and often come back hurt and crying but never talk about their experiences…This also happens regularly to boys aged 14 to 16-years-old; they are attacked by both guards and older inmates.”

While using anti-trafficking legislation to dish out harsher sentences, Malaysian authorities’ primary goal appears to be an end to undocumented migration. Speaking to the Malaysian press in January this year, the department’s director-general, Datuk Abdul Rahman Othman, stated that linking the harbouring or hiring of illegals with APTA offences such as exploitation, debt bondage and slavery were the “drastic measures…needed to curb the number of overstayers in the country.” According to government there are currently around 1.8 million undocumented migrant workers nationwide.

The move is doubtlessly further influenced by pressure from the US. The senate report released in April 2009 condemned Malaysian officials for their involvement in the trade for profit. It stated that “in recent years” thousands of Burmese migrants have been passed “over to human peddlers in Thailand, representing a variety of business interests ranging from fishing boats to brothels.” It then recommended that the Malaysian authorities should investigate and prosecute cases of trafficking.

Despite previous denial of such allegations from home minister Datuk Seri Syed Hamid Albar, a full-blown investigation was shortly underway which led to nine arrests, including five immigration officials. Since then, there have been a number of further arrests linked to human trafficking, including the arrest of five Chinese nationals in Kuala Lumpur on 5 February.

While Malaysia has seen a decrease in trafficking, workers’ rights groups feel that a more holistic approach is needed as many more pressing issues affecting the lives of migrants are yet to be addressed.

According to Pranom Somwong, “a lot of information in [the US senate report] was correct and we need to respect the information from survivors in that report. But when you look at the impact of that report, you can see that the US policy is on law enforcement against trafficking and abolition of prostitution but they're not interested in other things…They are not addressing the issue of forced migration and refugees from Burma but pick and choose issues that suit them, mainly focusing on the corruption of the authorities.”

“[They haven’t suggested] any appropriate mechanism or system to allow victims to stay or receive legal aid to sue the traffickers and receive compensation. [Those that are deemed victims of trafficking] will spend three months in shelter and then sent back to Burma.”

This is of particular concern to the tens of thousands of refugees fleeing conflict and persecution in Burma. At the end of January 2010, there were a total of 79,300 UNHCR-registered refugees in Malaysia, almost all of which are Burmese. However, Malaysia is not a party to the United Nations Convention Relating to the Status of Refugees and thus its law enforcers indiscriminately arrest all undocumented regardless of their status.

“As far as the Malaysian government is concerned, refugees are undocumented migrants and therefore the crackdown will affect them in the same way, although those with UNHCR status will be released eventually.” Pranom Somwong added.

On 1 February the government announced plans to issue ID cards to all UNHCR-registered refugees, a decision that has been welcomed by the agency.

According to UNHCR Malaysia’s external relations officer, Yante Ismail, “Proper documentation for refugees is essential to their protection…We look forward to further discussions to put into place with them a documentation system for refugees."

No planned date for the move was announced but it is unlikely to go through in coming months and will have little or no effect on the arrests beginning next week. Law enforcers will firstly be focusing on the manufacturing and construction sectors but are expected to target the services sector too next month after Chinese New Year celebrations are over.

The effects of the crackdown are hard to predict. In 2005 and 2007, similar plans were announced that led to the arrest of tens of thousands of undocumented migrants. However, never has there been such attention given to employers, nor have anti-trafficking offences been such a key focus.

In Kuala Lumpur, refugee committees and worker rights groups alike are expecting the majority of those arrested to be migrants themselves, and have targeted employers to be limited to owners of small businesses. According to Pranom Somwong, “The anti-trafficking act is second on the agenda, aimed at appeasing the US war on human trafficking.”

MTUC: Hire Refugees Instead

PETALING JAYA: Refugees should be allowed to work in labour-strapped sectors, instead of importing foreign workers, the Malaysian Trades Union Congress (MTUC) said.

The thousands of refugees now in the country could easily be absorbed into the various industries, said its secretary-general G. Rajasegaran.

By doing so, the Government would not only be able to save millions of ringgit spent on sustaining the refugees but would also gain world recognition for being a humane country, he added.

Rajasegaran was commenting on the recent announcement that 100,000 new visas were approved for foreign workers in the last three months.

He said the Government should thoroughly study the needs of the industries before approving the permits because the information provided by some companies could be misleading.

He claimed that an MTUC survey last year found that some companies got rid of workers with high salaries and replaced them with lowly-paid staff.

Their modus operandi was to offer a voluntary separation scheme (VSS) to workers earning between RM900 and RM1,500 and then employ new workers for RM500 and RM600, he added.

Another flaw, he claimed, was that the Home Ministry did not seem to have proper coordination with the Human Resources Ministry when giving approval for the recruitment of foreign workers.

He also said that the 272 registered outsourcing companies were another reason for the “excessive foreign workers in the country”, in that they often brought in more workers than were actually needed.

Latest figures issued by Home Minister Datuk Seri Hishammuddin Tun Hussein show there are 1.2 million legal foreign workers in Malaysia. There are believed to be an equal number of illegal or undocumented workers. — Bernama

http://thestar.com.my/news/story.asp?file=/2010/2/13/nation/5673377&sec=nation

US Volunteer Doctor Concerns Over Newborn Chin Refugee Child's Health

VOCR
9th Feb, 2010
Kuala Lumpur
by Salai C C

The USA volunteer medical team from Oklahoma City who recently arrived to Malaysia in order to provide medical treatment for Chin refugees is having deep concern over a newborn Chin refugee child. Yesterday, the medical team set up a clinic at Chin refugee office and over 70 patients from Kuala Lumpur and surrounding areas attended for medical treatment and examination.
Unsurprisingly, one month old child was carried by the mother and the US doctor found that the child's health is critical and worsen than previous. The newborn child formally known as Blessing was born at GHKL hospital in Malaysia and had under gone through surgical operation on his hip after 15 days from his birth in hospital.

In the examination, the US doctor found that the child can die within an hour if immediate medication is not provided by the hospital where he had operation. The operation is incomplete and further cross-examination and re-operation will be needed as the child's breathing is not normal and the bruise with blue color appears on the baby punch, the doctor added.

Blessing crying at GHKL hospital
After the doctor wrote referral letter, the child was immediately rushed to hospital by community worker for re-examination. The doctor in hospital also later found that the operation was incomplete and needed to re-operate, and the child and his mother were told to stay in the hospital for further treatment.
According to community worker, the child sickness has been inveterate and the child is fatigued to have re-operation. The mother, holder of UNHCR ref. No. 791-09C05069, told volunteer interpreter that she is worrying for the child but no choice except to pray for her newborn baby's recovery.

"As for refugees, doing operation at high-level hospital or private clinic is unaffordable, we consistently go to government hospital even if we cannot have medical treatment properly," said the volunteer interpreter.

The community worker reiterated that they supported some money to the child for registration fee and deposit to stay in the hospital as the family is incapable.

No easy way out of refugee dilemma

VOCR
9th Feb, 2009
Kuala Lumpur
By Simon

Recently, two couple of refugees sharing room in a very small and uncomfortable and crowded apartment in suburban area in K.L were arrested and sent straight away into the detention center by the police and Rela that was known later. The raid was caused by the uninvited Chinese fellow visiting befriended in their work and was pursued since long long ago by the police and RELA in accusation of drug-selling. True, police and Rela group swept over them, though they are of UNHCR recognized refugees, living in that apartment together along with the criminal. Weeks had been gone through but never knew of the good news until now.

It was said that it was being attempted to know of their detention number in which the detainees are used to be called when the rescue team comes around. The target in that mission was totally about to arrest the criminal. But refugees who are innocent are sandwiched between the lines.

As a matter of fact, they should have a piece of snail-biking pity on those of refugees living miserably and always stand in awe of fear of police and rela raid that causes hundred of refugees in need to go to the counselors. Still, 96% of refugees from Myanmar see lives in Malaysia is breaking loose of their basic human rights, freedom and what’re abused respectively. All left the country because of the ongoing torture and human rights abuse, religion freedom abuse, labor forced and military recruitment. No one wants to have a double-distress here for it's been extremely tired of such a coarse violations.

According to the information from one of refugee organizations, thousands of refugees are now in several detention centers and they are untouched and unheard but no choice discouragingly waiting in line for the help of UNHCR as if “ the nestling waiting for the feeding of its mom”.
The fates of those jailed in torturing detention centers in some places are especially totally unspeakable grief as well as the unforgettable lifetime story in their minds. Many had had lost hope and future on account of staying very long in the hellish detention centers.
But, we can say that the access towards the detainees is relatively not as high as it calls for although they are on the run helping them get out of those centers. Truth, the final destination of refugees from Myanmar is not Malaysia but third countries accepting them. Malaysia is just a temporary shelter and a cross-by. Nonetheless, thanks be to the government for that sake despite the weak performance over recognizing refugees ( not to be troubled ).

When recently released news from the Star( the People Paper ) speculating around about the possibility of temporary I.D of Malaysia for those of refugees only recognized by UNHCR, thousands of refugees don’t know what to do. It won’t be possible to announce such a very important information to spread the nationwide without having the proper deal with UNHCR itself said some critics.
To refugees, the simple question here is “ Do they have to laugh at it or gladly welcome it ?” Very sad, big though it was for refugees good or bad, no follow-up is seen practically. Many are in awe thinking that whether it was just a trick-ball or a ploy from UNHCR or the Malay government in as much as lack of the follow-ups. No matter how many times it was mentioned about in the news as to UNHCR’s procedures regardless of the alertness of refugees, extortion and arresting and instant raid are like unstoppable machine guns.What the writer here worries over refugee problems is that they would be as a bait.

Claims and alertness for refugees by NGOs and media groups have been dramatically fading away years after years even if they ever did it eagerly from the get-go.It's time to consider widely on this critical issues. More of those of detainees are unreached of help at the same time less of them are reached and heard. The effort by refugee communities ( leaders of that area are refugee, too ) is hardly working out that much.

Thus, there's a big hole in the lives of refugees dilemma in Malaysia before the resettlement program is absolutely completed. Let them who pays ear to this problem understand the truth that prevails.


Refugees in Malaysia concern over Government Announcement

VOCR
7th February, 2010
Kuala Lumpur
By Salai C C

Refugees in Malaysia are deep concern over the recent government's announcement to raid illegal foreign workers in the country. Indeed, the Malaysia Government and Immigration department are planning to issue the ID to refugees, but arrest and corruption over refugees is still continuing.

Despite the announcement was thump-up by local NGOs and Chin refugees who fled their home country to Malaysia for a while, a moment later, the refugees are confused whether the government will really keep its announcement as the police are continuing arrest over the refugees in Malaysia.

"Immediately, after the announcement has been made, many of refugees working at factory and doing odds job had been arrested by RELA and Immigration joined operation. According to the information we received, most of the arrestees are UNHCR card holders and some have appointments to UNHR office to issue the card" one refugee community worker said.

He also expressed that if we quoted the star newspaper publicized recently, the home minister said that all refugees who have been recognized and issued the card by UNHCR can stay in the country temporarily but they cannot do anything but odds job. In fact, we (the Chin refugees) never intend to work in offices and good jobs which are separated for the local people. We all are waiting to be resettled to the country which officially accepted refugees. But the home minister department accused us that we are doing good jobs even though we are trying to compensate the local people with doing odds job. But now, many refugee workers who are doing odds job have been discharged by their bosses and population of jobless is steadily increasing".

When VOCR scrutinize regarding this matter, all Chin refugees do appreciate and applaud to the Government's announcement for recognizing refugees and allowing them to stay in the country temporarily. They also hope that they will not be sent back to Myanmar as the Malaysia government is well-known about refugee condition inside the country and to be given a chance to work for daily survival while in Malaysia.

Mr. Sang from Chin National Day Celebration committee also said that we are really worrying to observe football tournament within this period but it must be done as the committee has already agreed to do this tournament. We are aware that the funs around Kuala Lumpur City are feared to come because they have not legal protection for their safety.
Despite the government has announced to issue ID to recognize here in Malaysia, we fear that we all will be arrested within this period before the government issued the ID or confirmed its announcement, he said.

In order to celebrate the Chinese Lunar New Year smoothly, the government postponed its timetable to act against illegal workers yesterday but any announcement regarding this matter has not been made. However, the Chin refugees from Burma are troublingly waiting to see whether they will really be safe.






Govt to postpone crackdown on those using illegals

PUTRAJAYA: The Government has agreed to postpone a crackdown on those employing or harbouring illegal workers, planned for Feb 15 onwards, to a later, unspecified date.

Home Minister Datuk Seri Hishammuddin Tun Hussein, after meeting representatives from the Chinese chambers of commerce and guilds on Friday, said this would allow the Chinese new year festivities to proceed smoothly.

Last month, the Immigration Department announced that it would commence a nationwide crackdown on thousands of employers believed to be harbouring or employing illegal workers.
There are about 1.8 million legal foreign workers in the country and the department believes there are at least an equal number of illegals.

There were many requests for the crackdown to be postponed as it was scheduled to start on the second day of Chinese New Year, where businesses would be brisk with huge profits to be made.

http://thestar.com.my/news/story.asp?file=/2010/2/5/nation/20100205183816&sec=nation

Burma Human Right History

Organs of the United Nations and major international human rights organisations have issued repeated and consistent reports of widespread and systematic human rights violations in Burma. The United Nations General Assembly has repeatedly [1] called on the Burmese Military Junta to respect human rights and in November 2009 the General Assembly adopted a resolution ""strongly condemning the ongoing systematic violations of human rights and fundamental freedoms" and calling on the Burmese Military Regime "to take urgent measures to put an end to violations of international human rights and humanitarian law."[2] International human rights organisations including Human Rights Watch [3] and Amnesty International.
Violations of human rights claimed include claims that there is no independent judiciary in Burma. That the military government restricts Internet access through software-based censorship that limits the material citizens can access on-line.[5][6] That Forced labour , human trafficking , and child labour are common.[7] and the rampant use of sexual violence as an instrument of control, including systematic rapes and taking of sex slaves as porters for the military. A strong women's pro-democracy movement has formed in exile, largely along the Thai border and in Chiang Mai. There is a growing international movement to defend women's human rights issues.[8]
The Freedom in the World 2004 report by Freedom House notes that "The junta rules by decree, controls the judiciary, suppresses all basic rights, and commits human rights abuses with impunity . Military officers hold all cabinet positions, and active or retired officers hold all top posts in all ministries. Official corruption is reportedly rampant both at the higher and local levels."[9]
Brad Adams, director of Human Rights Watch's Asia division, in a 2004 address described the human rights situation in the country as appalling: "Burma is the textbook example of a police state. Government informants and spies are omnipresent. Average Burmese people are afraid to speak to foreigners except in most superficial of manners for fear of being hauled in later for questioning or worse. There is no freedom of speech, assembly or association."[10]
Collected by Salai Sang Hre

Malaysia gets poor marks for human rights

By
Salai Sang Hre


KUALA LUMPUR: To ensure it stays in control and in power, the Malaysian Government has turned its back on promises to protect people’s rights, said Human Rights Watch.

In its report released Thursday, it said that when Datuk Seri Najib Tun Razak took over as prime minister in April 2009, he promised to respect the fundamental rights of the people but his government has failed to undertake the systematic reforms needed to fulfil that pledge.

It said the Government harassed the Opposition, improperly restricted the right to peaceful expression, association, and assembly, and mistreated migrants.

When it comes to human rights, Malaysia is more about rhetoric than reality, it said.

“The Malaysian Government appears to be more interested in pursuing short-term political advantage rather than safeguarding rights,” said Human Rights Watch deputy Asia director Phil Robertson.

The 612-page World Report 2010 reviewed human rights practices around the world over the last year.

It said the release of a number of Internal Security Act (ISA) detainees early in Najib’s term was a positive development, but stressed that Parliament should repeal the ISA and other repressive laws including the Police Act 1967, which it said, was used to justify a “violent crackdown” on a citizens’ march against the ISA.

The report also said that following the impact of the Internet on the last general election, the Government has tried to rein in non-traditional media, putting them and bloggers under closer scrutiny.

It also voiced concern over continued government control of the traditional media and called for the Printing Presses and Publications Act to be rescinded.

The report also criticised the Government for failing to distinguish refugees and asylum seekers from undocumented migrants and for its use of an “ill trained, abusive civilian force” (Rela) to crack down on undocumented migrants.

It said detainees were kept under inhumane conditions causing several of them to die last year while dozens were infected with leptospirosis, a disease spread by animal faeces in unclean water.

“How many more migrants have to die in detention before Malaysian policymakers wake up?” said Robert­son.

The report also criticized Malaysia for continuing to crimininalise adult consensual sexual behaviour including sodomy and said it is about time the government brought its criminal code into the 21st century.

Immigration to act against employers harbouring illegal foreign workers



By LESTER KONG

PETALING JAYA: The Immigration Department will begin a nationwide crackdown from Feb 15 on thousands of employers believed to be harbouring or employing illegal workers.
The operation will be carried out with the help of police and Rela.
Currently there are about 1.8 million approved foreign workers in the country, and the department be-lieves there are at least an equal number of illegal ones.
Immigration director-general Datuk Abdul Rahman Othman said the department was already meeting with employer associations and groups before the deadline to “educate” them on the immigration laws and policies for hiring foreign workers.
“From Jan 5, we have been having dialogues with associations such as the Malaysian Employers’ Federation and the Federation of Malaysian Manufacturers,” Abdul Rahman said in an interview yesterday.
He said employers should be more responsible and understand that the Immigration Act prohibited keeping workers with expired visas.
“The opportunities for work here and willingness of some employers to keep illegal workers are to be blamed. It’s all about supply and demand,” he added.
Abdul Rahman said no employers had been charged lately as it was difficult to gather enough evidence to enable prosecution.
“To build a proper case, we would need the punch cards, salary slips and contracts between the employers and their workers,” he said.
On Tuesday, Prime Minister Datuk Seri Najib Tun Razak told Indian journalists that more than 39,000 Indian tourists, mostly from Chennai, had abused their visa-on-arrival (VOA).
Abdul Rahman said most of the 39,000 “missing” Indians were believed to be in the country’s economic hotspots of the Klang Valley, Penang, Perak and Johor Baru, which had many employment opportunities.
It was reported that 75,645 out of 248,939 foreigners issued with VOAs between September 2006 and September 2008 had misused their visas.
They were from India, Pakistan, Bangladesh, China, Sri Lanka, Myan-mar, Nepal, Afghanistan, Bhutan, Hong Kong and Taiwan.
Abdul Rahman said enforcement was also hindered by the easy assimilation of the southern Indians to Malaysian society.
He added that the three countries with the most number of “missing” citizens in Malaysia were India, Pakistan and Bangladesh, but was unable to furnish any figures.
Tourism Malaysia figures placed arrivals from India at 590,000 in 2009, a 7.1% increase from 2008. Most of them cited sight-seeing, visiting friends and attending conferences as their reasons for coming here.
Meanwhile, Malaysian Employers’ Federation executive director Samsudin Baradan said the federation had warned its members not to retain or hire workers whose visas had expired.
However, Samsudin said it was understandable that some companies were hiring and harbouring workers illegally.
“It is not easy to get foreign workers because of the costs and procedures involved,” he said.
He added that the federation had been pleading with the department to be more consistent in its policies regarding foreign workers.
“The policies keep changing. We only come to know the changes through the media.
“The department should brief our members before implementing such policies,” he said.
For example, Samsudin said many companies were caught by surprise by an April 2009 policy that forced them, instead of their workers, to pay the levy of about RM1,800 per worker per year.
“It’s like you can do it today but tomorrow, you cannot. It is ad hoc, it is a knee-jerk reaction,” he said.
http://thestar.com.my/news/story.asp?file=/2010/1/14/nation/5466539&sec=nation

Malaysian Authorities Resume Selling Refugees

VOCR
3rd January, 2010
Kuala Lumpur
By Salai C C

According to a confirmed source, a long controversial about refugee deportation and selling to fishing boats and plantation sites at Thai-Malay border has already been resumed by Malaysian immigration personnel and human traffickers. After the US senate Foreign Relation had released the record which stated human trafficking in Thai-Malaysia border, the selling refugee process and refugee deportation in the border has been paused for a while. However, before the criticizing has finished, “Refugee for sale” program had been started by the authorities.

On 24th December, 2009, two Chin refugees formally known as Zam Tuang(33) and Kam Khua Tuan (25) were sold into the hands of human traffickers by two Malaysian immigration officers at the border. The two victims and their three colleagues were arrested by the police at their workplace in Penang on 13.11.2009. The first time they all were detained in Police lock-up but three days later, the police sent them to Juru detention camp.

On 26th November, both victims appeared to court and convicted for two months of imprisonment due to being undocumented. After the trial had finished, both victims were transferred to Pakoksena prison and they spent almost two months. When their imprisonment period was about to finish, both victims were transferred back to Blantik camp. After fifteen minutes, they arrived to Blantik camp, two immigration officers with one van came saying they sent them to a wrong place and forced them to be aboard into the van.

“When the two officers told us to be aboard into the van, I though that we will transfer to another camp. But we headed to Thai-Malaysia border instead of going to another detention camp. I was very scared as I heard that many refugees had been sold with brutal human traffickers and forced them to work on fishing boats by the gang” said Mr. Zam Tuang.

The two victims said that the immigration officers and human trafficker met at a remote village and the human trafficker (agent) (believed to be Burman because he has Burmese name and he can speak Burmese fluently) waiting for them. When we arrived to the village we were dumped at the roadside and we saw the human trafficker paying the money with two immigration officers.


“When we arrived to the agent house in the forest he forced us to call our relatives and asked them to bring RM 2600 to be released. The agent known as Aung Naing Oo also told us that if your relatives did not bring the money, I am going to sell both of you” they added.

Luckily, both victims were released after three days by the help of their relatives and community and they can participate in New Year celebration with their relatives and community members. But they are worrying that the rest three detainees would also be sold back with human traffickers.

Before the Malaysian government has paused deportation into Thai-Malay border, many of Chin refugees were sold in the border. As a result, the human traffickers sold them on fishing boat and many women were raped.



Acknowledgement and Concern of Chin Refugees Resettled to USA

Chin refugees those who arrived to USA feel safe and happy in their new homes in USA. Tha Tha A Chin refugee women in Texas said, "In Malaysia, I had never have a sound sleep for three years because I was always afraid of night raids. But here in USA I feel completely safe. I know that there is no more night raids, here in USA."

Hundreds of Chin refugees have been resettled to USA within the last 3 years. Many of them are known to have reunion with their family members those who left the country earlier due to on going inhuman military oppression in Chin State. A leader of Chin Youth Organization of North America said "After arriving to USA, it is obvious that we the Chin people help one another in our community. For example, a newly arrived refugee family does not have a car to go to groceries but the neighbors would surely help them and even help them to find a job where they have been working." As all of Chin people are Christian, they have Christian brotherly love to one another in terms of facing the challenges.

Mr. Uk, who was stay in Baltimore, Maryland expresses, "There is no Chin case worker in resettlement office but only Burmese. I can understand only a very little Burmese language. Sometimes interpreters are provided for me by telephone that is actually not preferable because by telephone it is very difficult to understand one another. Sometimes, I have many problems but I just try to ignore it." Hundreds of Chin refugees are in Maryland State, Indianapolis, Kansas City and Dallas but it can be seen that in all of those places only Burmese Case workers are employed in order to handle Chin refugees. A Chin University student in US comments regarding this issue, "There is a big misunderstanding that Chins are still called as Burmese. Actually Chins and Burmese are different nations. Chins are ruled and abuse by Burmese military government."



A Chin refugee hit by car in Malaysia

VOCR
21st December,2009
Kuala Lumpur
By Salai C C
A chin refugee, Mr. Za Hnin (37) from Leitak village was hit by a car on 20th December, 2009 at Jalan Loke Yew, Kuala Lumpur. The accident happened when he was crossing the highway between his friend house and his residence. He was injured several places on his head and his face. His thigh also is broken and was admitted to UKM hospital.

“When Mr. Za Hnin crossed the highway alone and hit by a car to break his leg and unable to walk, he had nobody to call for help around him. But after a moment, the rescuers from fire department arrived and called Ambulance to rush him to the hospital. When the Ambulance arrived, one of Chin refugee, who lives near Za Hnin’s residence, accompanied him to the hospital before the Chin Community Committee worker arrived. Right now, everything is going well and we had already done every thing in the hospital but we still cannot find out the driver” his friend said.

“Mr. Za Hnin, holder of UNHCR card and lives in cramp flat with his wife and one child, has financial problem for his medical treatment. He gained registration as refugee on September this year and he still have to stay in Malaysia for two or three years and needs to take care of his family in Malaysia. We really worry that whether he will recover properly” the roommate said.

Previously, One of Mr. Za Hnin’s roommate also was hit by a car and admitted to General Hospital in Kuala Lumpur but he paid RM 7,000 for recovery.

In Malaysia, Local NGOs as well as Legal Aid cannot help this kind of accident cases in court except supporting the patients financially .



A Chin refugee detainee suddenly laid down in custody

VOCR
18th December, 2009

Kuala Lumpur
By Salai C C

This is a gain. “A Chin refugee detainee A Thang who is being detained at Langkap immigration in Malaysia fell down and became unconscious yesterday. He fell down because of depression and unbearable agony inside his heart after he was excluded among 60 detainees who were released by the UNHCR team recently,” one inmate said.

A Thang, holder of UNHCR card file no. 791-08C 01498 from Hriangpi village, was arrested by People Volunteer Corp at his workplace in Cameron highland, 220 km away from Kuala Lumpur, on 13th October, 2009.

Lautu Refugee Coordinator and Bawinu weekly newsletter Editor Salai Tin Hmung said that Mr. A Thang who has four children in Myanmar and working at the farm in Cameron Highland was fainted and fell down on concrete floor with unknown disease. He believed that A Thang was demoralized and fell down because he was excluded in the detainee list brought by UNHCR team to be released.

“I don’t believe that the camp authority will send him to the hospital even though he is in critical condition. They (the camp authority) always denied to access healthcare into the camp and some foreign detainees had died in the camp” Salai Tin Hmung added.

Despite the UNHCR team had released at least 60 detainees within this week, more than 15 refugee detainees are still remained in the camp.






A female Chin refugee charged over suspecting fake UNHCR card holder

VOCR
17th December,2009
Kuala Lumpur
By Salai C C

A Chin refugee Tawk Tial, holder of UNHCR card file no. 354-08C03557 who works at TV game shop, was charged over holding fake UNHCR card by the injustice Malaysia court. She was arrested by the police at her workplace and was detained for twelve days in Sentul police station.

Even though she is holder of real UNHCR card, the immigration and police accused her of holding fake UNHCR card. She has been recognized refugee from Myanmar by the United Nation High Commissioner for Refugees in Malaysia and issued the card in the same year.

When she was arrested by the police, her boss said to her husband that she had already been fined RM 2000 for her release. But later, her case was referred to immigration office and accused her of undocumented person.

She appeared to court on 17th December, 2009 and was found guilty under holding fake UNHCR card and working without proper document in Malaysia. As the lawyer approved the offence which was brought by the immigration office, she was given another appointment in January next year and was transferred from the police station to Kajang immigration camp.

The husband with tear said that he went to UNHCR office to inform that his wife is appointed to appear to court and asked UNHCR office to send one interpreter during her trail but the OPI team denied his claim. He also mentioned to the OPI officer that his wife is holder of real UNHCR card and asked the officer to write recommendation letter for his wife. But the officer told him that they could not help him anything regarding the matter.

“I believed that my wife would be released if we had recommendation letter from UNHCR office. We have one lawyer from Legal Aid office. But when the magistrate asked the lawyer to show recommendation letter for my wife from UNHCR office, our lawyer has nothing to show” the husband added.

Chin refugee detainee died in custody


VOCR
10th December, 2009
Kuala Lumpur
By Salai C C

A chin refugee formally known as Mr. Ngo Za Pau (45) from Thuklai village, Teddim Township, died at KLIA immigration camp in Malaysia on 9th December 2009. He arrived to Malaysia in 2004 and was arrested by the police on the unknown date and was detained in Seminyih camp.

He was seriously sick and admitted to the hospital by the camp authority because his condition become worse and was dying. Some community workers believed that the camp authority admitted him to the hospital when he was dying because they feared that he might die inside the custody. His body has been still keeping in Putra Jaya hospital for further investigation.

He had already registered with United Nation High Commissioner for Refugee (UNHCR) since 2004 and had been issued the card in the same year. He was also engaged to resettle to United State and had passed all interviews which were set up by the UNHCR office for refugees.

Even though he had UNHCR card the police arrested him at Pudu car parking on his way back from workplace and spontaneously taken him to Seminyih camp. But no information was given to his relatives and refugee community in Malaysia. Eventually, he was transferred to KLIA camp because the camp authorities and Burmese detainees riot at seminyih camp in July, 2009.

According to his cousin brother, “Mr. Ngo Za Pau was not allowed to contact me within two weeks since he was under arrest. That time, we think that he had already lost to come back home. After two weeks, he was allowed to contact us but he had already been accused of undocumented and illegal entrance to the country by immigration”.

According to the law quotation brochure released by Bar Council, every arrestee has a right to inform one’s relative or one’s relevant community within fourteen days before they appear to court.

As the camp authority in KLIA denied to access medical team to the camp, two of Chin refugees and other detainees had passed away in the camp. The camp analyzers who often visited to the camp said that the detention camp condition is getting worse but harassment made by the authority is increasing day by day. The local NGOs also released a statement regarding the camp condition that says, “Denying to access healthcare inside the camp and custody is violation to life”.

In other hand, all foreign prisoners in Seremban custody are not allowed to use their mother-tongue except Bahasa and English to contact their relatives and community.


Chin refugee detainees in dilemma

VOCR
28th October, 2009
Kula Lumpur, Malaysia
By Salai C C
According to confirm information, approximately 250 Chin and 300 Burmese detainees are still detained in Lenggeng immigration camp. On 10/10/09 one of Chin detainees in the camp formally known as Mr. Tei Khar Lian informed to Chin refugee committee office that the camp authorities are begging the money with detainees in order to meet with the UNHCR team.

“In previous visit of the UNHCR team to the camp, we did not need to pay the money to meet the UNHCR team. But now, the Burmese detainees are paying RM 1000 each to immigration officers in order to meet with the UNHCR team. So, we (Chin detainees) have been denied to meet with the UNHCR team because we are unavailable to pay. Even though we are formally holders of UNHCR card the camp authorities denied our claim to meet with UNHCR team” he said.

In the last couple months, the UNHCR team had released many refugee detainees from other detention facilities such as Langkap, Seminyih camp but no one has been released from Lenggeng camp after Mr. Duh Sang was released on 19/08/2009.

Photo exhibition portrays horrors of Burmese refugees


http://www.malaysiakini.com/news/115282
Photo exhibition portrays horrors of Burmese refugees
Christine Chan
Oct 17, 09
9:07am


Images of refugees in deplorable living conditions, poignant facial expressions, and distraught children form the gist of the work of five international photojournalists who documented the lives of Burmeserefugees in Malaysia.

A rare exhibition titled 'No Refugee' depicting the conditions of refugees was launched yesterday at The Annexe Gallery in Kuala Lumpur's Central Market. The exhibition will last until the Oct 25.

“The work of Greg Constantine (USA), Halim Berbar (France), Rahman Roslan (Malaysia), Simon Wheatley (UK) and Zhang Wubin (Singapore) reveals the underside of the most marginalized people in Malaysia,” said Klang member of parliament, Charles Santiago.

In his speech when opening the event, he said that a report had been published by the US Department of State on trafficking activities in Malaysia, where refugees were sold at the Thai and Malaysia's border.

No refugee exhibition 151009-08.jpg“In the report, refugees who are now residing in the US, and who once lived in Malaysia, were interviewed and they have one thing in common. All of them have been sold,” he told a crowd of 60 people.

He also accused the government of being in denial on the issues of human trafficking.

Kicking them when down

klscah launch civil society award 191207 charles santiagoHowever, Santiago (right) credited the government for taking some action to arrest traffickers in the last couple of months.

“But this will not solve the problem because trafficking is a systemic collaboration of government officers and syndicates, therefore we need to fix this at the level of structure and enforcement,” he adds.

Arts programme director of The Annexe, Pang Khee Teik, in commenting on the trafficking and the harsh living conditions, said that this was akin to 'kicking them when they are down'.

“This is what Malaysias are doing to the refugees,” he said.

The audiences were also treated to a performance by two Burmese musicians.

Thiam Pui, a refugee from the Chin state sang about how much she misses her country and she was accompanied by Sang Kawn, another refugee from the Mon state who played the guitar.

No protection for refugees

Santiago also launched a nationwide petition campaign by Suara Rakyat Malaysia (Suaram) entitled “Sign the Refugee Convention and Stop the Arrest, Detention and Deportation of Refugees”.

Suaram is expecting to collect at least 10,000 signatures from Malaysians by May 21, 2010 to be submitted to Prime Minister Najib Tun Razak.

This is a move to ensure that refugees are recognized and given better access to livelihood and to encourage cooperation between the government and the United Nations High Commissioner for Refugee (UNHCR).

Unfortunately, Malaysia is one of the few remaining countries that has ratified neither the 1951 Refugee Convention nor the 1967 Protocol and it has also failed to enact any legislation for the protection of refugees.

Refugees, adults and children alike, are instead treated as 'illegal immigrants' and are subjected to harsh penalties, detention and deportation under the Immigration Act.

They risk fines of up to RM10, 000 or jail terms of up to five years or both. They are also liable to be whipped up to six strokes of the cane.

Jungle colony worrying residents

By LIM CHIA YING


The presence of a settlement of foreigners hidden in the jungles of Kepong hill, near Segambut, is causing much fear and concern among residents in the area.


The hill is a popular spot for joggers and trekkers, but deeper into it are wooden huts and houses sheltered by bushes and overgrown trees.

Angus Ng, who lives in Taman Flora Impian housing area just a short distance down the foothill, said many residents and their families felt their safety was being threatened by the existence of the foreigners.


Our play area: This looks like a makeshift playground amid the wooden homes in one of the foreign colonies that the residents ventured into


“As we are a guarded community, our security personnel said these foreigners would come down from the hill in the wee hours of the morning. Even one of our security men was threatened and slashed,” said Ng, who is the Flora Impian action committee pro tem chairman.

“What we want is for the authorities to take action to demolish the settlement, and take the landowner to court if the squatters being harboured here are indeed illegals,” he said.

It is learnt that the hill also connects to various other residential townships including Sg Penchala, Desa ParkCity, Bukit Lanjan, Bukit Segambut, Sri Hartamas and Mont Kiara.

Segambut MP Lim Lip Eng said from his own experience of climbing up the hill recently, he could hear chirping noises like that of birds before reaching the area, only to learn later that the sounds were made by humans. “The sounds are made by colony members to alert their own people that there are ‘outsiders’ like us coming in,” said Lim.

A resident said there were probably more than 50 wooden houses for this one colony, including a place of worship heavily guarded by dogs. We believe there are more entrenched deeper,” the resident said.


Sentul OCPD Asst Comm Zakaria Pagan said he would immediately check on the matter and take the necessary action.


“If these foreigners are involved in crime, we will take action. If they are illegals, we have to seek the assistance of the Immigration Department. But we are not the only ones responsible to book them as the City Hall and other authorities are involved, too,” he said.

Interview with Chin detainee detained in Kawhtaung

VOCR
10 September, 2009
Kuala Lumpur
By Salai C C

Mr. Ni Cung (40) was arrested with others four Chin fellows on 15. 08. 2009 and detained for two months in Ayemyakantha township councilor office in Kawhtaung. In his detaining period, the authorities did not provide commodity and enough food. He was suspected as ceasefire arm group even though he has Burmese national identity card. After detaining at township councilor office in Kawhtaung, they broke the office wall and ran away to Malaysia for safety and he arrived at Malaysia on 6th September, 2009. .


VOCR: Could you tell me your name and which part of Chin state are you from?

NC: My name is Ni Cung. I am from Belhar village, Thantlang Township, northern part of Chin State.


VOCR: Where did the Myanmar Immigration arrested you? How long and where were you detained?
NC: I was arrested when our plane from Yangon landed at Kawhtaung airport and I was taken to Ayemyakantha township councilor office for further investigation. I had been detained for almost two months in that office.

VOCR: While in detention, did the immigration provide you commodity and enough food?
NC: No, absolutely not. They didn’t provide anything. They told us to buy food ourselves. If we begged them to buy us food, they scolded us and kicked us.

VOCR: If the authorities did not provide you food, how did you survive in your detention period and what actually did you eat?
NC: As we have no relatives in Kawhtaung to come and visit us, we bought food with our own money. Food also was very expensive that we could eat only one time per day.

VOCR: If you don’t have any relatives in Kawhtaung, to whom did the authorities inform that you are under arrest?
NC: I think that the authorities did not inform to anyone because we were isolated and were being suspected as (MNLA) Mon National Liberty Army which made ceasefire with the military regime recently.“Even though they recognized us as Chin ethnicity which also is shown on our Identity card, we were suspected and questioned like insurgent group”.

VOCR: You said that four Chin fellows also were arrested at the same time. Consequently, do you know where they were taken to and were detained? Do they have Burmese identity card?

NC: They also detained with me including seven years old child. We all have identity cards but the captain who questioned us denied our identity cards. In questioning room, the captain also said that our identity cards were invalid and lured us to show MNLA cards.

VOCR: In your detention period, did you see other ethnic minorities like Kachin, Shan etc. who were detained under such cases?
NC: Yes. Many other ethnics also were arrested but they detained for only two or three days. After three days, the authorities demanded them to pay 55,000 kyat for their release. If they could pay the demand, they were repatriated. But we were not demanded to pay money for our release. Even if we tried to explain that we were able to pay 55,000 kyat like other ethnic detainees, the authorities refused our claims.

VOCR: Can you explain me how did you escape?
NC: After we had been detained for almost two months, I explained all my friends that we would be detained for a long time since we were subjected as insurgent case. I also suggested them to find out the way to escape. One night, we broke the office wall and ran away to monastery which is located on the hill. The monks did not allow us to stay in the monastery. At that time, it was raining heavily but we stayed under the heavy rain because we got no place to take refuge. After two days in the forest around Kawhtuang, we headed our journey to Malaysia and arrived on 6th September, 2009.

VOCR: Thank you very much for giving us your time. May your dream come true!
NC: Same to you.








NGO set up mobile clinic for refugees

VOCR
06 September, 2009
Kuala Lumpur
By Salai C C

On 3rd and 4th of September, one of local NGOs called A Call to Service (ACTS) set up mobile clinic in Malacca and Muar where many refugees live. ACTS in one of local NGO and based in Kuala Lumpur and it provides medical treatment to both legal and illegal foreigners in Malaysia.

The mobile clinic was conducted by two doctors and some volunteer workers from ACTS main office.


On the first day, only 15 of Chin refugees attended in mobile clinic to receive medical treatment because they had difficulties for transportation, as they stay in different places. But on the second day, the clinic set up at Saint Peter Church the downtown in Malacca and more than 50 patients from different places attended including Vietnamese and Indonesians. On that day, five volunteer workers from CRC also joint as interpreters for Chin refugees patients. After the patients in Malacca had been finished examining their health and received medical treatment, the mobile clinic teams sifted to Muar, about 60 kilometers away from Malacca.


When the mobile clinic team arrived to Muar, the Emanuel Church in Muar hailed them. Besides, the church also was offered as a clinic. In Muar, only 15 Chin refugee patients and some Nepalese could attend it.

“Many refugees have been suffering from variety of diseases, such as Tuberculosis, Kidney problem, scratch and womb problem. This is reliable for the Chin refugees who stay out of Kuala Lumpur area as they could not approach hospital” one volunteer worker said.

Last month, the ACTS had already conducted mobile clinic for Chin refugees in Cameron Highland and we hope that would be continued it.