The Star Online
US allegations that Malaysian immigration officials are involved in human trafficking have been refuted by the Government. But how baseless really are their claims?
IF you can prove the cases to us, we will investigate.” Former Immigration enforcement director Datuk Ishak Mohamed countered when broached with the issue of possible human trafficking activities by our immigration personnel at the Malaysia-Thai border last year.
Recently, the same concern was highlighted, this time by a US Senate Foreign Relations Committee, and again it drew the same reaction from the authorities.
As reported by the AFP, the US Senate is investigating allegations that Malaysian law enforcement officials are extorting money from foreign migrants and selling them off at the Malaysia-Thai border.
The migrants – mostly from Myanmar – are allegedly taken by the officials from government-run detention centres to the border, where money is demanded from them.
If they cannot pay up, they are turned over to human traffickers in southern Thailand. According to US officials, Senate foreign relations committee staff have travelled to Malaysia, Thailand and to the border to collect information as part of their investigations.
However, Home Minister Datuk Seri Syed Hamid Albar has dismissed the claims as “wild accusations”.
“I take offence with the allegation because neither the Malaysian Government nor its officials make money by selling people.
“We detain them because they are illegals who must be sent home. We take care of their needs. We don’t hold them at depots and sell them away,” he was quoted as saying.
Bound for home: As it is against international law to return migrants from Myanmar back to their country, Malaysia hands them over to the Thai authorities who then leave them at the Thai-Myanmar border.
Bound for home: As it is against international law to return migrants from Myanmar back to their country, Malaysia hands them over to the Thai authorities who then leave them at the Thai-Myanmar border. – Picture courtesy of UNHCR.
Immigration Department director-general Datuk Mahmood Adam also refuted the claims that his officers were involved in the illegal activity.
“These claims are new to us. This is the first time that we have heard of this happening. We will take the necessary measures to investigate the matter,” he told the media.
But if feedback from non-governmental organisations working with migrants, human rights activists and the migrant community is to be reckoned, it appears that the Malaysian authorities are the only ones still in the dark about the matter.
As the Bar Council’s human rights committee member, Renuka T. Balasubramaniam, puts it, “It has been common knowledge for so long.”
According to Alice Nah of the Migration Working Group, multiple attempts have been made to alert the Malaysian government about the “sale” of migrants and refugees, which is prohibited under the Anti-Trafficking in Persons Act 2007.
“We have received various testimonies from victims which basically tell of the same experience. We have also gathered other evidence from different, credible sources. But when we report the cases to the authorities, they keep ignoring and denying them,” she says.
Human rights lawyer Latheefa Koya concurs.
“I have interviewed about 50 victims who related the same things. Don’t their testimonies count? It is the responsibility of the authorities to look into it,” she says, adding that over the past year, national and international human rights groups have also reported such accounts of trafficking.
No man’s land
Nah agrees that it is time the authorities take the issue seriously. Ignoring it is akin to being complicit to the crime, she stresses.
So what is really happening at the border?
“At the border is this strip of no man’s land. This is where this insidious operation goes on,” says Aegile Fernandez, coordinator of the anti-trafficking of persons at Tenaganita.
“Usually, Malaysian authorities will take the illegal immigrants who are to be deported to the border. Once there, they enter this no man’s land and they will be arrested if they try to enter either side of the border. Here, they become susceptible to the trafficking syndicates as many, especially those from Myanmar, are desperate to escape from being sent home,” says Fernandez, who first came across such cases about four years ago.
The fear was clear in Rahman, a 40-something Myanmarese refugee of Rohingya descent, as he recalled his experience at the border more than five years ago.
“I was caught in one of the raids and detained at the Semenyih detention centre for a few months. Then they sent me to the border with seven other prisoners. We were escorted by immigration officers and handcuffed all the way in the van.
“When we got to the Rantau Panjang/Sungai Golok border, they kept us at a secret place in the jungle near the border.”
At the border, there were “agents” who gave them mobile phones and told them to contact their family or friends to pay money for their release.
“At that time, they told me to ask my family to deposit RM1,200 into a specific bank account. When I told them my family had no money, they beat me up. When they realised that I was telling the truth, they told me that they would sell me to work on fishing boats.”
“I knew my only choice was to run away, so when I got the chance I ran for my life.”
Having been in Malaysia for more than 10 years at that time, Rahman was fluent in Bahasa Malaysia, so he pretended to be Malaysian.
“The guard at the border just waved me in. I had no money on me, so to get back to Kuala Lumpur, I smuggled myself onto the train. I had to jump off when the ticket officer nearly caught me but then I stole a ride on another train.”
When asked why going back to Myanmar was out of the question for him, he shudders and replies:
“We (the Rohingyas) are not recognised in Myanmar. If we go back, we will be tortured and killed. So I’d rather risk it in Malaysia.”
Other migrants relate similar experiences. Once the money is deposited, they are packed into cars and driven to designated locations in Malaysia where they are released.
A few have to endure rides in the boot of the car all the way from the border to Kuala Lumpur. Those who are unable to pay are sold – men into forced labour on trawler ships or plantations, and women to brothels.
It has been revealed that the “ransom” has gone up over the years and currenly ranges between RM1,400 and RM2,500.
“Someone asked why we have to pay so much. He was told that it includes the commission for the immigration officials,” says Rahman.
One 17-year-old migrant boy who declined to be named said he was sold to a fishing boat last year. He had to work without pay for more than six months before he was sold off to another fishing trawler in Sabah. After a few months of hard labour without pay, he took his chance to jump ship when it came to shore.
A worker with an aid group for refugees, who only wants to be known as Ustad Mohamad, says the number of those killed because they were not able to cough up the money are still unaccounted for.
“I once received a phone call from this so-called agent who demanded money for an orphaned Rohingya boy I was helping. He was caught in a raid and sent to the detention centre.
“We couldn’t trace him until that phone call. I am from Rantau Panjang, so I went there to deal with them. I was too late. When I got there he had been beaten to death. They found out that he had no relatives to pay his ransom, so they just beat him.”
What one Myanmarese refugee of Chin ethnicity related was more distressing.
Kennedy, as he prefers to be known, said his brother went through the same experience when he was in Malaysia almost 20 years ago.
“He was detained for not having any papers and after a few months of detention in one of the centres, he was taken to the border for deportation.
“There, he was sold to a fishing boat because there was no one who could pay the agents. He was forced to work long hours without pay. If he protested, he would be beaten up and tortured.
“He said the bosses also threatened to shoot him or throw him overboard if he protested.
“He suffered for many months until he finally made his escape.
“Now he has been resettled in the United States but the experience is still horrifying for him,” says Kennedy.
Getting to the root
Fernandez claims that from the testimonies of the victims, the transactions are a systematic practice.
She says in reality, there is a lot of corruption with the enforcers on both sides of the borders, adding that this has been admitted at many regional meetings.”
“Our border control is also lax. We have observed the border controls and have seen for ourselves traffickers lurking under the bridge or in boats on the Golok River.
“I have sat there by the border to see how easy it is to go through our borders; sometimes people just have to wave and they are flagged past,” she adds.
Fernandez says Malaysia needs to tighten its porous borders.
“We have spent a lot on so-called technology to upgrade our immigration checks, so why can’t we use it to control our borders?” she asks.
Another much-needed change is Malaysia’s attitude towards refugees and migrants, she says.
“The authorities feel that if these people are willing to pay, then they are not victims. The authorities need to understand the conditions some of these people are running from,” she says.
Echoing her, Renuka highlights that exploited migrant workers also need protection.
“Human trafficking does not only involve women who are trafficked as sex slaves.
“The migrant workers brought into Malaysia usually pay a lot of money to come work here and most of the time all their salary goes towards repaying their debt, which puts them under a debt bondage.
“This makes them vulnerable because they can’t get out of the situation. So they are victims of trafficking too, but the Malaysian government refuses to count them as victims,” she laments.
Nah strongly believes that the current approach in handling of irregular migrants in Malaysia needs to be reviewed as it has resulted in severe human rights abuses.
“First, we must stop the raids. Then we need to review the procedures for detention and deportation. Ironically, it is precisely Malaysia’s imbalanced migration policies and procedures that have contributed to the growth of irregular migrants,” she opines.
She says streamlining procedures for the recruitment and regularisation of migrants and refugees, would help to stem the smuggling and trafficking industry.
A source from the Home Ministry is also of the view that some of Malaysia’s immigration practices might have unintentionally facilitated trafficking activities at the borders.
“For example, as it is against the international law to return the migrants from Myanmar back to their country, what Malaysia does is to send them to the Thai border and pass them on to the Thai authorities, who will take them to the Thai-Myanmar border and leave them there.
“We did it through a special agreement with the Thailand government but that agreement was dissolved in 2007, so what Malaysia is doing now is to just dump them over the Malaysian borders.”
Fernandez hopes that the authorities will probe into the allegations.
As Malaysia passed the Anti-Trafficking in Persons Act in 2007, it needs to start enforcing the law more rigorously, she says.
Renuka concurs, adding that ignoring and denying reports of the crime from credible sources does not help solve the problem.
“We need to seriously heed these reports so that Malaysia can combat trafficking in the country and region effectively.”
Next week: Sunday Star looks at Malaysia’s effort in the fight against human trafficking after introducing the Anti-Trafficking in Persons Act in 2007.