MALAYSIA: Burmese asylum seekers targeted in a series of arrests

Dear friends,

The Asian Human Rights Commission (AHRC) is forwarding an appeal from SUARAM, a leading Malaysian human rights group, on targeted arrests of Burmese asylum seekers in Kuala Lumpur. Thirty Burmese were arrested outside the UNHCR office on 14 April 2004, at about 3am, while other Indonesians and Bangladeshis who were also present were left alone. These targeted arrests have been increasing in frequency following the attack-and-arson incident at the Burmese embassy in Kuala Lumpur on 7 April, allegedly by undocumented Burmese nationals.

Your urgent action is required to pressure the Malaysian Government to release the arrested Burmese and to uphold their right to seek asylum.

If you have any further questions, please do not hesitate to contact SUARAM.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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SUARA RAKYAT MALAYSIA
Address: 383, 1st Floor, Jalan 5/59,

46000 Petaling Jaya, Selangor,

Malaysia.
Telephone: +6 03 7784 3525

Fax: +6 03 7784 3526
Email: suaram@suaram.org Web: www.suaram.org

Malaysia: Burmese Asylum Seekers Targeted in a Series of Arrests

Urgent Alert – 14 April, 2004

The police arrested 30 Burmese asylum seekers (25 men and 5 women) outside the compound of the United Nations High Commissioner for Refugees (UNHCR) in Kuala Lumpur early morning today. The police apparently only arrested the Burmese while Indonesians (probably Acehneses) and Bangladeshis who were also present were spared.

UNHCR resettlement eligibility co-ordinator Evan Ruth said the arrests took place at about 3am as the asylum seekers were queuing up to register with the refugee agency. Ruth said the Burmese were already outside the UNHCR compound at that hour in order to be at the head of the queue up to register. Due to limited capacity, registration only takes place on Wednesday, Thursday and Friday and some queue overnight in order to be first in line the next morning.

The incident was the latest in a string of reported arrests targeted at undocumented Burmese over the past week, following the attack-and-arson incident at the Burmese embassy in Kuala Lumpur on 7 April, allegedly by undocumented Burmese nationals. In the incident, 4 Rohingya men were alleged to have set on fire the Burmese embassy and attacked the mission’s counsellor. The four have been remanded for a total of nine days, with the order due to expire on 15 April, although the police have wide powers to claim further detention.

Burmese asylum seekers and the locally-based Chin Refugee Centre have also alleged that police raids have been stepped up in a number of locations in and around Kuala Lumpur where Burmese nationals are known to congregate:

Police carried out an illegal immigrant sweep operation on 9 April around Jalan Meru in Klang where some 200 persons were arrested, including at least 30 Burmese nationals;

18 male and 4 female Chin asylum seekers were arrested around the Jalan Imbi area in Kuala Lumpur on 11 April. The men were sent to the Lenggeng detention camp in Negri Sembilan while the women were sent to the Machap Umboo camp in Melaka. Of the group, 2 (a 13-year-old girl and a 52-year-old man) are said to be refugees recognised by UNHCR.

30 Burmese nationals were arrested on 13 April in Putrajaya. The men were said to be working at a construction site in the administrative capital.

PLEASE SEND YOUR APPEALS IMMEDIATELY TO:

1. Datuk Seri Abdullah Ahmad Badawi.
Prime Minister of Malaysia.
Prime Minister’s Office
Federal Government Administration Center
Bangunan Perdana Putra
62502 Putrajaya
Malaysia
Telephone : 603-8888 8000
Fax : 603-8888 3444
Email : ppm@pmo.gov.my

2. Tan Sri Abdul Ghani Patail
The Attorney General of Malaysia
The Attorney General’s Office
Level 8, Block C3
Federal Government Administrative Centre
Malaysia
Tel: 603 – 8885 5000
Fax: 603 – 8888 9378

3. Tan Sri Abu Talib Othman
Chairman
Human Rights Commission of Malaysia (SUHAKAM)
29th Floor,Menara Tun Razak
Jalan Raja Laut
50350 Kuala Lumpur
Malaysia
Tel: 603 – 2612 5600
Fax: 603 – 2612 5620
E-mail: humanrights@suhakam.org.my
Web: www.suhakam.org.my

4. Datuk Seri Mohd Bakri Omar
Inspector General of Police
Ibu Pejabat Polis Diraja Malaysia
Bukit Aman, 50502 Kuala Lumpur
Malaysia
Tel: 603 – 2262 6310
Fax: 603 – 2273 1326 (please keep trying) , 2272 2710
E-mail: rmp@rmp.gov.my

5. Dato’ Mohd Jamal Bin Kamdi
Director General of Immigration Department of Malaysia
Level 1-7, Block 1
Pusat Bandar Damansara
50550 Kuala Lumpur
Malaysia
Tel: 603- 2095 5077
Fax: 603- 2092 4869 / 2093 9092

6. And to diplomatic representatives of Malaysia accredited to your country

SAMPLE LETTER (prepared by AHRC):

Dear

RE: Burmese asylum seekers targeted in a series of arrests

I am writing to you in concern at the information I have received about the recent spate of targeted arrests of Burmese in Malaysia. On 14 April 2004, 30 Burmese were arrested while queuing up outside the UNHCR office in Kuala Lumpur, while those of other nationalities were left alone by the police. Of the 18 male and 4 female Chin asylum seekers who were arrested on 11 April, two (a 13-year-old girl and a 52-year-old man) are said to be refugees recognized by the UNHCR.

The Malaysian government is bound by the principle of non-refoulement, a part of customary international law that applies to all states, to protect the rights to life and protection of all those who seek asylum. Malaysia’s immigration law however, makes no distinction between refugees and illegal immigrants. All those seeking asylum therefore, risk imprisonment of up to five years, six strokes of a cane, a fine of up to 10,000 ringgits (about USD 600) and deportation.

I urge the Government of Malaysia to sign and ratify the Convention Relating to the Status of Refugees and its Optional Protocol and to implement its provisions in domestic legislation.

Yours truly,

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Urgent Appeals Programme

Asian Human Rights Commission (AHRC)

Document Type : Forwarded Urgent Appeal
Document ID : FA-10-2004
Countries : Malaysia,
Issues : Refugees, IDPs & Asylum seekers,