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Amnesty International Malaysia is concerned with Deputy Prime Minister Datuk Seri Najib Tun Razak’s statement on June 24 announcing the Federal Governments plan to crackdown irregular migrants in Sabah. We fear that the simplistic and arbitrary action of mass crackdown by the Federal government in addressing such a serious and complex issue will only elevate the ongoing human rights and humanitarian concerns in Sabah and the region to a serious crisis level.

Amnesty International in its monitoring of the situation in Sabah has recorded an existence of a very high number of asylum seekers and refugees who have fled from the conflict ridden state of Mindanao. We have also recorded a high number of stateless people and migrants who have lived in Sabah for more than 10 years including children. We are of the opinion that the Federal governments’ unilateral action may result in serious human rights violations.

Amnesty International in the past have raised serious concerns with regards to the Malaysian government’s action of mass expulsion among others:
- Risk of mass expulsion without examining the individual circumstances of undocumented migrant workers and stateless people;
- Risk of *refoulement *of asylum-seekers, refugees and others to their country of origin, where they may be at risk of serious human rights violations.
- Lack of guarantees that trials of individuals charged under the Immigration Act will be fully consistent with international standards for fair trials;
- Risk of cruel, inhuman or degrading treatment during arrest, detention and through punishment under the Immigration Act;
- Risk that all those detained, but particularly vulnerable groups, such as women and children, may suffer other human rights violations, including denial of access to adequate health care in detention. In 2002, reports indicated that the process of mass deportations of undocumented migrants led to the deaths of children, due to dehydration and disease in detention centers in the state of Sabah.

Amnesty International in its Annual Report 2003 recorded that in the year 2002; a 13-year-old girl was suspected to be from the Philippines and later deported. Further investigation however showed that she was a Malaysian citizen. She was also reportedly raped in an immigration detention centre in Sabah state by three policemen.

Amnesty International Malaysia hereby emphasise that migration issues in Sabah need to be studied carefully and be acted upon with a greater emphasise on issue if rights and other humanitarian concerns. We hereby call on the government to immediately set up a Royal Commission to study the various issues and concerns in Sabah and for specify actions that are in compliance with human rights and humanitarian standards in an utmost transparent and accountable manner.* *We urge Malaysia as a member of ASEAN and the United Nations Human Rights Council, to demonstrate strong commitment in upholding the highest standards in the promotion and protection of human rights and are responsive to crises happening in the region.

K.Shan
Campaigns Co-ordinator
Amnesty International Malaysia
A – 3 – 3A, 8 Avenue, Jalan Air Jernih,
8/1, Section 8, 46050, Petaling Jaya, Selangor
Tel: 603-79552680 Fax: 603 7955268
s…@aimalaysia.org
www.aimalaysia.org