On April 16, the Malaysian navy pushed back to sea a boat carrying Rohingya in violation of international obligations to provide access to asylum seekers. In January this year, the International Court of Justice ruled that the Rohingya are “extremely vulnerable” to military violence and face the threat of genocide. Sending them back to territory where they would be at risk of such dire human rights violations clearly falls afoul of international human rights law as well as customary international law.

Predictably, there has been a rising chorus of protest against the government’s action. Unfortunately, there have also been vicious attacks against those who have expressed concern. We refer in particular to one such statement by the European Rohingya Council’s ambassador to Malaysia Tengku Emma Zuriana Tengku Azmi, who expressed her organisation’s grave disquiet.

Regretfully, instead of a civil and balanced discussion or response, her statement was visited upon by a sustained barrage of vitriolic abuse that devolved into personal, aggressive, racist and sexist comments. It even incited expressions to commit criminal acts of rape and physical violence against her person.

These vicious attacks go well beyond a considered discussion of the issue. They incite public disorder and undermine morality. This falls foul of the freedom of speech guaranteed by Article 10(2)(a) of the federal constitution, for which reason Hakam demands that the government, in particular the Attorney-General’s Chambers and MCMC, act firmly and swiftly against bigoted and xenophobic attacks against refugees and the perpetrators of scurrilous attacks against those who champion their cause, including the ambassador. This should also apply to some media organisations, especially on social media, carrying out a full-scale anti-Rohingya campaign.

Hakam also asks the government to reverse this pushback policy against refugees consonant with international human rights law and obligations.

As has been suggested by several organisations and the ambassador, the health needs of this vulnerable group must be humanely addressed. They could be quarantined for health checks preceding their assessment for the granting of refugee status.

The Covid-19 pandemic cannot, under any circumstance, be a shield for us to lose our sense of humanity and respect for the rule of law. – April 28, 2020.

* Dr Gurdial Singh Nijar is president of the National Human Rights Society (Hakam).

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.