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Detained and forgotten: Time for reform

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We, the members of G25, are deeply troubled by the recent report highlighting the deaths of 465 individuals in Malaysia’s immigration detention centres over a five-year period.

These figures are profoundly disturbing and demand urgent national attention.

We share the concerns recently expressed by Tenaganita regarding the conditions in Malaysia’s immigration detention centres and the continued reports of overcrowding, inadequate healthcare and deaths in custody.

Unfortunately, these are not new concerns. We, together with other civil society organisations, local and international agencies, and independent experts, have highlighted these issues repeatedly over the years.

Yet despite numerous recommendations and repeated calls for reform, meaningful and sustained improvements have remained elusive.

The persistence of these problems should concern everyone in Malaysia. Good governance demands policies that protect national security while respecting the rule of law and human dignity.

Malaysia’s approach to migrants, refugees and immigration detention requires a balanced and principled response.

Public discourse has too often framed this issue as a choice between compassion and security, or between protecting human rights and enforcing our borders.

In reality, a mature and well-governed nation is capable of safeguarding both.

The recommendations made over the years by Suhakam, parliamentary committees and the cabinet-appointed Independent Committee on the Management of Foreign Workers report, which was made public in 2023, deserve careful consideration.

Implementing these recommendations would strengthen public confidence, improve institutional accountability and reinforce the quality of governance within our immigration system.

While detention may be necessary to facilitate investigations, ensure compliance with immigration laws or protect public safety, it should not become the default response in every case.

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Many held in detention centres are detained for administrative or documentation-related offences, and not for committing violent crimes.

Children, pregnant women, older people, people with disabilities and trafficking victims should, wherever appropriate, be considered for alternatives to detention that protect their welfare, human rights, and the public interest.

Domestically, Malaysians’ concerns extend beyond crime to include the conduct of some refugees and migrants, particularly behaviour perceived as disrespectful or inconsistent with local customs and standards of public decorum.

Malaysians are entitled to expect that those who live within our country respect our laws, customs and the values that have enabled our diverse society to flourish.

At the same time, the misconduct of a minority should not be used to condemn entire communities. The rule of law demands individual accountability, not collective blame.

Social cohesion, however, also requires mutual effort. Those who are permitted to remain in Malaysia, whether temporarily or for extended periods, have a responsibility to respect our culture, customs and way of life.

Equally, successful integration cannot occur if they remain isolated from society. Where lawful residence is permitted, practical measures that encourage cultural orientation, language learning and community engagement should be implemented to foster mutual understanding, reduce tensions and strengthen respect for Malaysian norms.

Internationally, Malaysia should continue to observe internationally accepted humanitarian practices in providing temporary protection to refugees who seek refuge within our borders, and to assist them in their safe return to their homeland or in resettlement to third countries.

At the same time, our government needs to apply political pressure through diplomatic channels on their home government to enable refugees to return safely without persecution.

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Malaysia should also continue to cooperate with international organisations such as the United Nations High Commissioner for Refugees (UNHCR) and the International Organization for Migration (IOM), as well as credible civil society organisations, where such cooperation advances Malaysia’s national interests.

Working with these organisations in refugee registration, voluntary repatriation, anti-trafficking efforts and humanitarian assistance strengthens the government’s capacity to distinguish between refugees, asylum seekers, victims of trafficking, undocumented workers and organised criminal networks.

Effective policy begins with accurate identification.

Migration policy must also reflect economic reality. Malaysia has long relied on foreign labour in sectors such as construction, plantations, manufacturing, agriculture and domestic services.

Yet inconsistent recruitment policies, weak regulation and inadequate enforcement have contributed to irregular migration and labour exploitation.

Immigration policy cannot be separated from labour policy. Effective governance requires lawful and transparent recruitment pathways, decisive action against human trafficking syndicates, and meaningful enforcement against employers who knowingly exploit undocumented labour.

Responsibility for irregular migration lies not only with those who enter illegally, but also with those who knowingly facilitate, exploit or profit from employing them.

Ultimately, irregular migration cannot be addressed through enforcement alone. It requires coherent policymaking, regional cooperation, secure borders, effective labour market planning and sustained action against trafficking syndicates.

Public confidence depends not only on firm enforcement but also on the confidence that executive power is exercised fairly, transparently and in accordance with the Federal Constitution.

G25 therefore calls upon the ‘Madani’ government to undertake a comprehensive review of Malaysia’s migration and immigration detention policies with the objective of establishing a coherent national framework that protects national security while upholding the rule of law.

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This should include:

  • Improving conditions and independent oversight in detention centres
  • Developing clear administrative procedures to distinguish refugees, asylum seekers, victims of trafficking and undocumented migrants
  • Strengthening enforcement against organised trafficking syndicates and employers who knowingly exploit undocumented labour
  • Expanding cooperation with international and regional partners where it serves Malaysia’s interests
  • Introducing practical integration measures for those lawfully permitted to remain in the country so that they can better understand and respect Malaysia’s laws, customs and multicultural society.

Malaysia’s constitutional commitment to justice requires that executive power be exercised lawfully, proportionately and with respect for the dignity and rights of every person, while also ensuring that the country’s security is upheld.

Combining firm enforcement with sound governance strengthens public confidence, protects our people and upholds the values upon which our nation is founded.

The path forward is clear and has been for a while. The only question that remains is whether the government and politicians have the will and courage to make this happen sooner rather than later, for the betterment of the nation’s present and future. – G25

The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.

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