THE Malaysian Bar wants an independent investigating body to look into the matters surrounding the incidents of the Sungai Bakap tragedy involving refugees, as well as the deportation of Pakistani journalist Syed Fawad Ali Shah.

Its president Karen Cheah expressed her concern over the issues saying Malaysia’s lack of effective legal framework has failed to protect refugees and asylum seekers.

“Proper stakeholder engagement with agencies to include the Human Rights Commission of Malaysian (Suhakam), the Malaysian Bar, as well as other civil society organisations should be initiated.

“A participatory approach inclusive of various institutions will serve to promote transparency and accountability in the investigation,” Cheah said today in her speech at the Opening of the Legal Year 2023 in Putrajaya.

On April 20 last year, hundreds of Rohingya detained for two years in Sg Bakap, Penang, escaped following a predawn riot where six were killed after being hit by cars while crossing the North-South Expressway. Among the casualties were two children.

Meanwhile, Pakistani journalist Fawad, who was in exile in Malaysia for more than 10 years, was deported during Ismail Sabri Yaakob’s leadership, where now opposition leader Hamzah Zainudin was then the home minister.

Fawad fled to Malaysia after allegedly writing about graft involving officials and missing persons.

Recently, the family of the missing journalist called on Prime Minister Anwar Ibrahim to demand his Pakistani counterpart prove that Fawad is alive and safe. 

Cheah also called on Putrajaya to ratify the 1951 Refugee Convention, saying Malaysia owes deep obligation to those who cross borders to ensure they are not abused and exploited. 

“Refugees in Malaysia struggle to obtain basic necessities and are not afforded critical legal protection, respect and dignity. 

“They are not legally allowed to work, making them vulnerable to exploitation, their children cannot go to school and they face challenges in accessing healthcare among others. 

“The Malaysian government must ratify the 1951 Refugee Convention and the 1967 Protocol relating to the status of refugees, both of which are instruments of international law that set out the rights of refugees and to implement them domestically, to properly address the plight of refugees and asylum seekers in Malaysia.

“It bears reminding that refugees and asylum seekers are people who have been forced to leave their home countries due to dire circumstances such as persecution and discrimination. 

“These people should therefore be afforded protection, dignity and respect,” she said, adding that there are nearly 200,000 documented refugees and asylum seekers in Malaysia. 

Cheah condemned the detention of refugee children, claiming it causes them long-term health effects.

“Any detention, whether definite or indefinite, can be traumatising for children and have negative, long-lasting effects on their health and development. 

“According to Unicef, children held in detention are at risk from suffering depression and post-traumatic stress disorder. 

The UN special rapporteur on torture has observed that immigration detention for children, even for a short period of time, may constitute a form of cruel, inhumane or degrading treatment of migrant children.

“Intersectionality of the rights of the refugee children must be recognised and be granted protection,” she said. 

Cheah also denounced the treatment of refugees, saying they lack humanity. 

“Humanity is a crucial element in dealing with refugees and asylum seekers. 

“This is completely missing in our nation, while detention centres are currently being treated as merely regulatory compliance,” the Bar president added. – January 9, 2023.