The Malaysian human rights commission, Suhakam, is perplexed and appalled over reports that 11 out of 14 survivors of the recent shipwreck near Langkawi are to be charged under Section 6(1)(c) of the Immigration Act 1959/63 for entering Malaysia without valid documentation.
Suhakam reiterates that these individuals must not be treated as criminals but recognised as stateless persons and victims of long-standing persecution, displacement and exploitation.
Most of the survivors are believed to be Rohingya, a community that has been rendered stateless for decades due to persistent exclusion and denial of nationality in their place of origin.
As a result, they have been deprived of basic rights and legal protection, forcing many to flee in search of safety. Their journey was not undertaken by choice, but out of sheer necessity and survival.
Criminalising them dismisses the structural injustice and ongoing human rights violations that compel such dangerous journeys.
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Suhakam stresses that treating the survivors as vulnerable persons rather than offenders is a principled and humane approach that aligns with Malaysia’s commitment to human rights.
This stance would help shape public understanding, support evidence-based policymaking, and reaffirm Malaysia’s long-standing tradition of compassion towards people in need.
It is vital that national discourse does not conflate forced migration with criminal intent. These individuals risked their lives at sea in search of protection and dignity. They should not face prosecution for circumstances beyond their control.
Suhakam further urges the authorities to intensify investigations and dismantle the human trafficking networks that prey on stateless and displaced persons. These criminal syndicates exploit desperation, often subjecting individuals to abuse, extortion and grave danger.
Effective enforcement must focus on traffickers, those who profit from exploitation, not on the survivors who are their victims.
The authorities should also assess the survivors for indicators of human trafficking in line with the protection principles under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, ensuring that potential victims receive their rights to protection rather than punishment.
Suhakam calls on the Attorney General’s Chambers, as the guardian of public conscience, to exercise prosecutorial discretion in accordance with humanitarian considerations and Malaysia’s moral and legal obligations.
Discontinuing the charges against the survivors would demonstrate Malaysia’s commitment to fairness, proportionality and respect for human dignity.
Suhakam therefore calls for the immediate withdrawal of the charges and urges that the survivors be provided with humanitarian assistance, protection and due process.
Malaysia must remain steadfast in combating trafficking networks while ensuring that enforcement measures do not inadvertently punish the very individuals who require protection. – Suhakam
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