Malaysia

Featured Report

47,092

Immigration detainees

2017

885

Detained children

2017

32,400,000

Population

2020

Featured Report

Overview

(July 2015) Malaysia is a magnet for migrants and asylum seekers despite its poor human rights record and failure to ratify key human rights treaties. Illegal entry and stay is criminalised and migrants often serve prison sentences before being transferred to one of twelve “immigration depots” while awaiting deportation. Caning, a legacy of British colonial rule, is widespread. In 2013, more than 5,000 foreigners were caned.

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

Related Reading

November 2020
Malaysia Immigration Detention Data Profile (2020)
April 2018
Submission to the Universal Periodic Review: Malaysia
July 2017
Kidnapped, Trafficked, Detained? The Implications of Non-state Actor Involvement in Immigration Detention
June 2017
Submission to the UN Committee on the Elimination of Discrimination against Women: Malaysia
July 2015
Immigration Detention in Malaysia
Read more

03 May 2022

Group of Refugees Detained on the Side of the Road by Malaysian Police Authorities (New Straits Times,
Group of Refugees Detained on the Side of the Road by Malaysian Police Authorities (New Straits Times, "Over 500 Illegal Immigrants Escape Temporary Immigration Detention Depot," 20 April 2022, https://www.nst.com.my/news/crime-courts/2022/04/790226/over-500-illegal-immigrants-escape-temporary-immigration-detention)

On 20 April 2022, 528 Rohingya refugees--including 97 women, 294 men, and 137 children--escaped from the Relau detention centre in Sungai Bakap. According to a new local news agency, immediately before the escape there had been a “riot” at the detention centre. Most of the detainees were quickly re-detained, though seven--including three children--died while trying to cross a highway during their escape. The police have warned villagers that anyone found to be harbouring refugees could face prosecution under the Immigration Act 1959/1963 and the county’s penal code.

A consortium of NGOs, including APRRN and IDC, reported in early May that large numbers of Rohingya refugees are being held indefinitely in Malaysian immigration detention centres without the possibility of release and cannot be deported. The Malaysian Home Minister, Hamzah Zainudin, said that some refugees held at the Relau detention centre in Sungai Bakap have been detained there for over two years. Zainudin said that deportation was not possible as Myanmar was not willing to take them back and does not recognise their citizenship status. However, the NGOs highlighted that the Malaysian government has refused to allow the UNHCR access to detention centres to conduct refugee status determination procedures since August 2019.

UNHCR data indicates that in 2020, there were 129,909 refugees, 49,822 asylum seekers and 111,298 stateless persons in Malaysia. The Malaysian Immigration Department reported that as of 26 April 2022, there were 17,634 people in immigration detention centres across the country, including 3,211 women and 1,528 children. Between 2018 and February 2022, there have been 208 deaths in immigration detention centres across the country due to, inter alia, COVID-19, tuberculosis, severe pneumonia, heart complications, dengue and diabetes.

In a joint statement on the situation in Relau detention centre, APRRN, IDC, the ASEAN Parliamentarian on Human Rights, and the Asian Forum for Human Rights and Development (Forum-Asia) urged Malaysia to release all persons registered with UNHCR from immigration detention centres and grant UNHCR access to all centres to continue the registration of persons of concern; grant access to detention centres to Doctors Without Borders Malaysia to ensure detainees have access to medical treatments and support services; carry out a comprehensive review of the current policies and practices of immigration detention centres in Malaysia to ensure that they are in line with international standards; to ensure full transparency of the investigation and review, and make the process and results available to the public; and take steps to enact legal and policy changes to ensure children are no longer detained for migration-related reasons.

Malaysia is not a signatory to the 1951 Convention Relating to the Status of Refugees and it has failed to adopt legislation recognising the legal status of asylum seekers and refugees, who are thus considered “illegal immigrants” under the Immigration Act 1959/1963. According to Verghis et al. (2021), while Malaysia provides a 50 percent discount off foreigner’s rate for medical fees incurred by UNHCR recognised refugees and asylum seekers, it remains unaffordable as they do not have the right to work. With the onset of COVID-19, the government assured undocumented migrants that they would not be arrested if they came forward for testing for COVID-19. Nonetheless, the subsequent mass testing of migrants in certain “Enhanced Movement Control Order” (i.e. strict lockdown) areas led to crackdowns on undocumented migrants through mass arrests and immigration raids, which included asylum seekers pending registration by UNHCR and UNHCR cardholders whose registration had expired and could not be renewed due to lockdown. These people were detained in immigration detention centres, to be deported to their countries of origin. Clusters of COVID-19 were detected in at least three of these centres.

In February 2021, the government of Malaysia said that they would extend its free COVID-19 vaccination programme to all foreigners, including students, refugees, and undocumented migrants. UNHCR welcomed the government’s efforts to ensure vaccination access to all and encouraged all refugees and asylum seekers holding UNHCR documentation to register their interest for COVID-19 vaccination through several online platforms. Nonetheless, due to the crackdown on undocumented migrants and mass arrests of refugees, many were wary of getting a COVID-19 vaccine in a government walk-in centre for undocumented migrants. According to data collected by the Oxford Martin School, Oxford University and the Global Change Data Lab, as of 1 May 2022, 81.55% of the Malaysian population had been fully vaccinated against COVID-19.

16 June 2021

J. Choong, “Malaysian Medical Group Condemns Govt Raid, Treatment of Migrant Workers in Cyberjaya in Fight Against Covid-19,” 9 June 2021, https://www.malaymail.com/news/malaysia/2021/06/09/malaysian-medical-group-condemns-govt-raid-treatment-of-migrant-workers-in/1980864
J. Choong, “Malaysian Medical Group Condemns Govt Raid, Treatment of Migrant Workers in Cyberjaya in Fight Against Covid-19,” 9 June 2021, https://www.malaymail.com/news/malaysia/2021/06/09/malaysian-medical-group-condemns-govt-raid-treatment-of-migrant-workers-in/1980864

Since the onset of the pandemic, Malaysian authorities have argued that crack-downs on undocumented migrants and other non-nationals are necessary to stop the spread of COVID-19. A recent example is the 24 May-28 June 2021 nationwide lockdown--referred to in Malaysia as a Movement Control Order (MCO)--during which Home Ministry officials have carried out wide-scale raids leading to the arrest of hundreds of undocumented migrants. Officials have said the raids are necessary to ensure that foreigners get vaccinated. Said the Home Minister: “If they are not detained, will they go out to get vaccinated? That is why they are detained.”

This policy appears to directly contradict earlier comments made by Malaysia’s Co-ordinating Minister for Immunisation, in which he reassured non-nationals that they would not face retribution should they come forward for vaccination (see 18 February 2021 update on this platform).

NGOs, lawyers, and health experts have condemned the new wave of raids, arguing that such measures will encourage non-nationals to flee and hide from authorities, complicating efforts to curb the virus. They point, also, to the spike in infections witnessed within detention facilities following raids in May 2020 (for more, see 4 June 2020 update on this platform). As the director of the Malaysian Medicine Association said following a raid in the city of Cyberjaya in which 202 undocumented migrants were rounded up: “The usual practice of ‘raid and detain’ must stop and better ways should be sought to tackle the problem of undocumented migrants. More raids will result in more detention centre clusters as we have repeatedly seen.”

In the wake of these raids, tensions appear to have emerged between the Malaysian government and UNHCR. On 12 June, the Home Ministry said that it had requested that UNHCR supply its list of all refugees in the country for the purpose of vaccinations. According to a news article published on 15 June, the Home Minister alleged that UNHCR had stipulated that such data can only be shared if authorities can provide assurance that refugees will not be arrested--a condition that the minister claimed showed UNHCR to be “not sincere” and which was upsetting his plans to vaccinate non-nationals. However, a spokeswoman for UNHCR denied that such a condition had been set, and that the agency had been working closely with the government since the start of the pandemic. She did, however, confirm that UNHCR advocates for no arrests of refugees and asylum seekers. “We have advocated with the Malaysian government to not arrest and detain refugees and asylum seekers, including those with expired UNHCR documents, especially because refugees have not been able to travel to UNHCR due to the restrictions under the MCO. Others are in the process of registration and do not yet have UNHCR documentation.”

The latest wave of raids appears to be part of a broad Malaysian policy trend towards migrants, refugees, and asylum seekers that views these non-citizens as transmitters of the virus. This trend was reflected in a recent Immigration Department post on Facebook, later deleted, which featured a military image accompanied by a caption which, translated, said: “Ethnic Rohingya migrants, your arrival is unwelcomed.” Commented Amnesty International: “The Malaysian government must explain why, especially in the time of a global pandemic, they have chosen to attack people in need. Refugees and migrants deserve to have their humanity upheld; Malaysians deserve a government that respects the rights and dignity of all.”

On 1 June, UNHCR expressed concern regarding vaccine shortages in the Asia-Pacific region, and a worrying increase in COVID-19 cases amongst refugees and asylum seekers in Malaysia--as well as in Nepal, Iran, Pakistan, Thailand, and Indonesia.

25 February 2021

An immigration truck believed to be carrying Myanmar migrants from Malaysia back to their homeland (Getty Images,
An immigration truck believed to be carrying Myanmar migrants from Malaysia back to their homeland (Getty Images, "Malaysia Deports Myanmar Nationals Despite Court Order," BBC, 24 February 2021, https://www.bbc.com/news/world-asia-56178270)

In the face of mounting international outrage, on 23 February Malaysian authorities proceeded with the deportation of 1,086 people to Myanmar, who included suspected refugees as well as many children (see the 18 February update below for additional details). The deportations took place as the COVID-19 pandemic has severely hurt the job prospects of migrants in Malaysia, effectively turning many documented workers into undocumented ones and potentially subject to immigration enforcement measures.

The mass deportation to Myanmar was in defiance of a court order to delay the move until a judicial review could be completed, a legal move that had been initiated by the Malaysian chapters of Amnesty International and Asylum Access, who provided evidence of refugees and asylum seekers being among the group. The deportation was carried out without assessing the people’s claims for asylum, or allowing the UN High Commissioner for Refugees access to the people while in detention before their deportation. Human Right Watch’s Asia Advisor commented: “Malaysia’s immigration authorities have shown a blatant disregard both for the basic rights of Myanmar nationals and an order by the Malaysian High Court. The immigration director-general has put lives at risk by sending people back to a country now ruled again by a military that has a long track record of punishing people for political dissent or their ethnicity.”

The Office of the UN High Commissioner for Human Rights also condemned the deportations, saying: “The Malaysian authorities in defiance of the court order breached the principle of non-refoulement, a rule of jus cogens, which absolutely prohibits the collective deportation of migrants without an objective risk assessment being conducted in each individual case. Children should not have been separated from their family, or returned without determining that their return is in their best interests.”

Responding to the concerns about the identity and status of the deportees, the Malaysian director-general of immigration claimed that none of the deportees were Rohingya refugees or asylum seekers. However, on 22 February the UN refugee agency claimed that at least up to six of the people to be deported were registered refugees, and 17 were children with at least one parent in Malaysia. Various refugee rights groups had also contended that approximately one hundred Muslim and Chin refugees were among the group initially slated for deportation. These refugees may have been among the group that were not ultimately deported, though Amnesty International reported as of 24 February that the identities of these people remained unclear. The High Court of Kuala Lumpur ruled on 24 February that they should not be sent back to Myanmar, extending the stay order until 9 March 2021.

The government claimed that all deportees voluntarily agreed to their return. However, it was unclear how many people in fact agreed, and under what conditions. There are concerns that many of the deportees may not have been informed about the political volatility in the country after the coup due to limited information being available during detention.

18 February 2021

Malaysian Immigration Officers usher Detainees into a Truck after a Raid in 2018, (Getty Images,
Malaysian Immigration Officers usher Detainees into a Truck after a Raid in 2018, (Getty Images, "Malaysia sticks to deporting Myanmar detainees despite UN pressure," Nikkei Asia, 17 February 2021, https://asia.nikkei.com/Politics/International-relations/Malaysia-sticks-to-deporting-Myanmar-detainees-despite-UN-pressure)

Despite strong criticism from civil society organisations and the UN, Malaysian authorities are preparing to deport 1,200 people to Myanmar on 23 February even as the crisis in Myanmar spurred by the recent military coup there continues to deepen. Observers are particularly concerned that refugees and asylum seekers will be amongst those deported by Malaysia.

Deportees are due to be returned by military vessels, provided by Myanmar’s navy. Although Malaysia claims that the deportees are not refugees or asylum seekers, organisations such as Amnesty International have questioned the validity of such statements. They point to the fact that Malaysia has denied UNHCR access to immigration detention centres to identify asylum seekers and refugees since August 2019. “UNHCR must immediately have full access to the 1,200 people,” said the Executive Director of Amnesty International Malaysia in a statement on 18 February. “Prime Minister Muhyiddin Yassin must instruct the immigration department to work closely with UNHCR to ensure not a single person seeking asylum, refugee or anyone who may be at risk of human rights violations is forced to return to Myanmar. To do so would be in violation of the principle of non-refoulement, which applies to Malaysia as part of customary international law.”

Several refugee support organisations, including Myanmar Muslim Refugee Community and Alliance of Chin Refugees, have also confirmed that they have been contacted by members of the refugee groups they represent who are facing deportation, and claim that nearly 100 asylum seekers--including women and children--are amongst the group due to be deported. As of 18 February, UNHCR had yet to verify this claim.

Malaysia has faced condemnation for its roundups and detention of migrants during the COVID-19 pandemic (see 3 May Malaysia update on this platform), with reports indicating that many non-nationals are reluctant to come forwards for COVID-19 testing or treatment out of fear that they too will be arrested and detained (see 25 November Malaysia update). On 17 February, however, the minister responsible for immunisation coordination (Khairy Jamaluddin, Minister for Science and Technology) claimed that undocumented migrants would not be arrested if they presented themselves for vaccination. In a press briefing, the minister said, "We will work with civil society organisations to assist us in reaching out to undocumented foreigners with the assurance that they will not be detained. They can come forward freely.”

Despite the minister’s statement, a former deputy defence minister - Liew Chin Tong - believes that undocumented migrants and refugees will refuse to come forwards to receive the vaccine unless they receive stronger assurances from the immigration department and police themselves. He said: “It’s important that everyone is vaccinated, particularly those in high-risk groups such as migrant workers and refugees. But I don’t think the illegal migrants will come out for it. They will not trust Khairy’s words until and unless there is a rethink on the part of the Immigration Department, the police and all other security agencies.”

The country’s DAP Socialist Youth party has also questioned whether such promises will reassure non-nationals. The party’s deputy chairman argues that verbal promises from a minister unconnected to immigration will fail to reassure migrants and refugees, and instead urged the government to conduct a legalisation programme for undocumented foreigners parallel to its vaccination programme. “Some employers and migrant workers might be worried that the government might talk the talk but not walk the walk due to uncoordinated government responses,” he said.

25 November 2020

R. Latiff, “In Malaysia’s Sabah, Pandemic Rages as Migrants Flee Testing,” Reuters, 23 November 2020, https://uk.reuters.com/article/health-coronavirus-malaysia-sabah/in-malaysias-sabah-pandemic-rages-as-migrants-flee-testing-idUSL4N2HY17A
R. Latiff, “In Malaysia’s Sabah, Pandemic Rages as Migrants Flee Testing,” Reuters, 23 November 2020, https://uk.reuters.com/article/health-coronavirus-malaysia-sabah/in-malaysias-sabah-pandemic-rages-as-migrants-flee-testing-idUSL4N2HY17A

In stark contrast to the increasing efforts by many countries around the world to decrease or end child immigration detention, Malaysia continues to detain large numbers of children, despite the dangers presented by the spread of COVID-19. While UNICEF has called on governments to immediately release children to protect them during the pandemic, Malaysia reported in October that it was holding hundreds of children in migration-related detention. According to information provided by the country’s Home Minister in response to questions from Parliament, 756 children were being held in migration detention as of 26 October 2020. Of these, 405 were unaccompanied--326 of whom were unaccompanied child refugees from Myanmar.

UNHCR, however, has been denied access to immigration detention centres since August 2019, and thus cannot clarify the refugee status of these children, or the procedures they have been granted access to. “Immigration authorities should stop playing games with people’s lives and immediately release all detained children and grant the UN refugee agency access to all detained refugees and asylum seekers,” said Human Rights Watch deputy Asia director, in a statement on 20 November.

Malaysian authorities have conducted numerous raids and immigration arrests since May 2020, placing all apprehended persons in already overcrowded detention facilities (for more on these raids, see our 3 May Malaysia update on this platform). During the summer, several detention facilities witnessed COVID-19 outbreaks, prompting the UN Special Rapporteur on the human rights of migrants to warn that raids and arrests of migrants were “undermining the effort to fight the pandemic in the country.” In particular, he noted that fear of arrest and detention may mean that “migrants might not come forward anymore for testing or access health services even when showing symptoms of the coronavirus.” Indeed, recent reports have highlighted that undocumented migrants, refugees, and stateless persons in Sabah Province have been evading Ministry of Health COVID-19 screening campaigns, out of fear that they will be detained and deported. Doctors in the state, which accounts for nearly half of all cases in the country, have also reported that non-nationals have delayed seeking treatment when they contract the virus, likely contributing to higher levels of infection--as well as higher death rates.

04 June 2020

Undocumented Migrants are Handcuffed Together as they are Escorted to an Immigration Detention Centre after a Raid on May 20 in an Area of Petaling Jaya, (Hasnoor Hussain, Al Jazeera,
Undocumented Migrants are Handcuffed Together as they are Escorted to an Immigration Detention Centre after a Raid on May 20 in an Area of Petaling Jaya, (Hasnoor Hussain, Al Jazeera, "Immigration detention centres become Malaysia coronavirus hotspot," Al-Jazeera, 2 June 2020, https://www.aljazeera.com/news/2020/06/immigration-detention-centres-malaysia-coronavirus-hotspot-200602004727890.html)

On 4 June, Malaysia recorded 277 COVID-19 cases—the highest daily figure recorded since the start of the outbreak. 270 of these cases involved foreigners detained at the Bukit Jalil Immigration Detention Depot, which has a reported capacity of 1,500 people.

Previously, on 25 May, the country’s Director General for Health Noor Hisham Abdullah announced that there were 172 confirmed cases of COVID-19, of which 159 were foreigners, including 112 cases in three of the country’s immigration detention facilities (in Sepang, Bukit Jalil, and Semenyih). Subsequently, Ministry of Health authorities announced that they would undertake measures to contain the outbreak at Bukit Jalil Immigration Detention Depot, including disinfecting the site, and ensuring that people housed there practice social distancing and wash their hands frequently.

According to one report, detainees who test positive are sent to one of three quarantine and treatment centres, including an agricultural exhibition space that state media has reported is "under heavy guard."

In total, there have been 608 confirmed cases of COVID-19 from immigration detention centres, including two that have recovered. Human rights groups and the Human Rights Commission of Malaysia have criticised the government’s round-up of migrants (including Rohingya refugees), its failure to erect a firewall between immigration control and healthcare services, as well as its continued policies of detention of foreigners. Preethi Bhardwaj, interim executive director of Amnesty International Malaysia told Al Jazeera: "[Detainees'] health and lives have been put at risk."

26 May 2020

Immigration Director-General Datuk Khairul Dzaimee Daud (left) and other Immigration officers check the papers of a detained non-national (The Star, https://www.thestar.com.my/news/nation/2020/05/12/immigration-detains-1368-illegals-after-kuala-lumpur-wholesale-market-raid-monday-may-11)
Immigration Director-General Datuk Khairul Dzaimee Daud (left) and other Immigration officers check the papers of a detained non-national (The Star, https://www.thestar.com.my/news/nation/2020/05/12/immigration-detains-1368-illegals-after-kuala-lumpur-wholesale-market-raid-monday-may-11)

According to information submitted to the GDP by Kendra Rinas, the IOM’s Chief of Mission in Malaysia, all immigration detainees (believed by the IOM to number over 13,000 people) are now being tested for the virus, and on 26 May authorities ceased issuing new detention orders. These developments emerged following news of rapidly rising numbers of confirmed cases inside Malaysian immigration “depots.”

Despite the threat the pandemic poses to detained populations, Malaysian authorities have scaled up immigration arrests, carrying out raids in areas with large numbers of migrants and refugees (see 3 May update). On 21 May, the UN’s Special Rapporteur on the human rights of migrants, Felipe González Morales, criticised the country for its treatment of non-nationals during the crisis, pointing to the raids and arrests and warning, “In such a situation, migrants might not come forward anymore for testing, or access health services even when showing symptoms of the coronavirus.”

Malaysia is one of several countries - another notable case being South Africa (see our 26 May update on the country) - that have failed to put up “firewalls” between agencies during the crisis that would enable undocumented people to access services without risk of enforcement measures like arrest or detention, which risks exasperating the crisis.

As many have feared, cases of Covid-19 amongst the country’s immigration detainee population began to rise in the wake of these raids. On 25 May, the country’s Director General for Health Noor Hisham Abdullah announced 172 new cases – of which 159 were foreigners, including 112 cases in three of the country’s immigration detention facilities (in Sepang, Bukit Jalil, and Semenyih).

According to the IOM, deportations have continued throughout the pandemic. On 12 May, almost 400 Myanmar nationals were deported on charter flights – reportedly in an effort to free up additional space in detention facilities. (The previous day, for example, saw more than 1,300 non-nationals—including 98 children—arrested in a raid in Kuala Lumpur.) Rinas also adds that several embassies have been working with immigration authorities to expedite deportations in order to prevent lengthy stays in detention.

03 May 2020

Still from video of migrant raids in Kuala Lumpur, 1 May 2020, Youtube, https://youtu.be/tGxGcPp-kfM
Still from video of migrant raids in Kuala Lumpur, 1 May 2020, Youtube, https://youtu.be/tGxGcPp-kfM

Refugees and undocumented migrant workers in Malaysia are being targeted as part of a purported anti-Covid-19 campaign, which has included mass arrests and raids across the country since the start of May. According to Al Jazeera, “There has been growing public anger in recent days over the presence of migrant foreigners, with some in Malaysia accusing them of spreading the coronavirus and being a burden on government resources.”

Malaysia has approximately two million registered foreign workers, however thousands more live and work in the country without proper documents. This is in part due to the fact that Malaysia does not recognise refugees and considers them to be undocumented migrants. The country is also notorious for terrible conditions in its immigration detention centres as well as its brutal penalties, including caning, for being in the country without authorisation. The Global Detention Project has documented some two dozen detention centres in the country, which are called “immigration depots.”

Rights groups, including Human Rights Watch and the Asia Pacific Refugee Rights Network (APRRN), reported that hundreds of migrants were taken into custody during May Day raids, including children. "Malaysian government does a U-turn on its earlier pledge not to arrest and detain undocumented migrants. Children as young as one year old have also been detained," Lilianne Fan, chairman of the Rohingya Working Group at APRRN, said in a statement. The group posted a video on Twitter reportedly showing long lines of migrants being led through the streets of Kuala Lumpur after a raid.

According to the BBC, “The raids took place in a part of the capital known to house foreigners. The UN has urged the Malaysian authorities to release children and vulnerable individuals from the detention camps where migrants are held. Phil Robertson of Human Rights Watch tweeted that the detentions risked worsening the pandemic in Malaysia, both in terms of potential outbreaks inside the camps but also by making undocumented people less likely to co-operate.”

According to The Guardian, “Those detained included young children and ethnic Rohingya refugees from Myanmar. Social media posts, including some by Malaysian politicians, have recently blamed Rohingya of committing crimes and accused them of dominating areas of the capital. The xenophobic campaigns have included activists having their names and photos circulated alongside inflammatory accusations, and have injected further fear into a community struggling for food and shelter through the pandemic lockdown. Police said the operation was aimed at preventing undocumented migrants from travelling to other areas amid movement curbs imposed to contain the spread of the virus outbreak, the state news agency Bernama reported.”

The day before the May Day raids, Home Minister Datuk Seri Hamzah Zainudin said that “Rohingya nationals who are holders of the UN High Commissioner for Refugees (UNHCR) card have no status, rights or basis to make any claims on the government.” According to a report in The Star, the Home Minister also said that anyone claiming to represent Rohingya in Malaysia would be considered illegal under the Registrar of Societies Act (RoS). He said, “The Home Ministry has made checks with the RoS and found no organisations under the name 'Rohingya' are registered in Malaysia. Any organisation that claims to represent the Rohingya ethnic group is illegal under the RoS Act, and legal action can be taken.”

16 April 2020

A child is tested for COVID-19 at a temporary testing facility set up by the Malaysian Ministry of Health in a community centre on the outskirts of Kuala Lumpur, Al Jazeera (https://www.aljazeera.com/news/2020/04/fear-refugees-malaysia-home-coronavirus-lockdown-200406014514452.html)
A child is tested for COVID-19 at a temporary testing facility set up by the Malaysian Ministry of Health in a community centre on the outskirts of Kuala Lumpur, Al Jazeera (https://www.aljazeera.com/news/2020/04/fear-refugees-malaysia-home-coronavirus-lockdown-200406014514452.html)

In late February, some 16,000 people attended a religious gathering at a mosque on the outskirts of Kuala Lumpur. Among the attendees were large numbers of undocumented Rohingya refugees. This gathering proved to be a “hotspot” for Covid-19, with significant numbers of those in attendance developing symptoms. Seeking to stem the spread of the virus, the Malaysian government, together with UNHCR, sought to trace the refugees in attendance and ensure they were tested, and authorities such as the police commissioner in Sabah - a state which is home to large numbers of migrants, refugees, and stateless persons - encouraged undocumented persons who attended the event to come forward to be tested. Although the country’s Circular 10/2001 requires health care providers to report undocumented persons to the police, the country’s Defence Minister vowed that the government would not arrest anyone based on their immigration status who sought medical services in relation to Covid-19, and the Ministry of Health confirmed that Covid-19 treatment would be free for any foreigner displaying symptoms. Despite these assurances, some organisations such as MSF have noted that the country’s past heavy-handed treatment of migrants and refugees may leave many hesitant to seek assistance.

Aside from these steps, the Malaysian government appears to have adopted few measures to protect migrants and asylum seekers, such as those behind bars. The country’s immigration detention facilities are particularly notorious for their cramped, unsanitary conditions, but to date, no detainees have been released. Instead, it appears that authorities may be continuing to place people in detention. On 5 April, the country’s Maritime Enforcement Agency intercepted a boat carrying 200 Rohingya refugees. According to Amnesty International Malaysia, this group were placed in 14-day quarantine, and are expected to soon be moved into already over-crowded immigration detention facilities. Amnesty thus called on authorities to urgently provide alternative measures to detention - particularly for elderly detainees and those with underlying health issues - to take steps to prevent overcrowding, and to ensure the right to adequate health care.

Last updated: July 2015

Malaysia Immigration Detention Profile

    One of the more vibrant economies of southeast Asia, Malaysia is a magnet for migrants and asylum seekers despite its poor human rights record and failure to ratify key human rights treaties. All unauthorized foreigners, including Rohingyas fleeing Myanmar, are considered “illegal” or “prohibited” immigrants under the Immigration Act.[1] Immigration detention in Malaysia includes various unique and brutal features such as caning and detention aboard vessels.

    Illegal entry and stay in Malaysia is criminalized and migrants often serve time in prisons before being transferred to one of the twelve administrative “immigration depots” while awaiting deportation.[2] Caning, a legacy of British colonial rule, remains a judicial punishment for criminal offences in the Malaysian Criminal Procedure Code. It was introduced in the Immigration Act in 2002 to deter unlawful migration. According to the Home Minister, 8,481 prisoners were caned in 2013, of whom 5,968 were non-citizens.[3] Denounced as a form of torture by Amnesty International[4] and as “anachronistic and inconsistent with a compassionate society in a developed nation” by the national Bar Association,[5] it is applied to adult males between 18 and 50 years old and leaves permanent physical and mental scars.

    Some 68,000 people were placed in immigration detention in 2013 according to the local press[6] including mainly Burmese, Indonesians, and Bangladeshis. The national human rights institution, SUHAKAM, reported that 1,406 children were detained in detention centres (immigration depots) from January to October 2013.[7] Section 34(1) of the Immigration Act provides that persons may be detained for “such period as may be necessary” pending removal. Immigration detainees generally spend between two months and two years in detention.[8]

    Procedural standards are reportedly very poor. Immigration detainees are rarely informed of the reasons for detention in a language they understand and they have scant access to legal counsel. There are no alternatives to immigration detention. Some UNHCR refugee cardholders detained in immigration depots can be released subject to the government’s discretion but the UN refugee agency only has access to them after they are transferred to the depots from prisons where they first serve immigration related sentences.

    The Malaysian Passport Act empowers immigration and police officers to “lawfully detain” persons unlawfully entering Malaysia on board vessels during the period that the vessel is within Malaysia or the territorial waters thereof.[9] However, no information about the frequency of the application of this measure appears to be available.

    [1] Act 155, Immigration Act 1959/63. Amended up to 1 January 2006. Section 55E (7). http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act%20155.pdf

    [2] Act 155, Immigration Act 1959/63. Amended up to 1 January 2006. Sections 6(3), 15(4) and 36. http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act%20155.pdf

    [3] Yuen Meikeng. Zahid: Over 8,000 prisoners caned last year. The Star online. 12 November 2014. http://www.thestar.com.my/News/Nation/2014/11/12/Zahid-Parliament-prisoners-caned/.

    [5] Anil Netto. MALAYSIA: Illegal Migrant Workers May Escape the Cane. Inter Press Service. 20 March 2007. http://www.ipsnews.net/2007/03/malaysia-illegal-migrant-workers-may-escape-the-cane/.

    [6] Gho Chee Yuan. Government spends RM2m a day to feed illegal immigrants, says deputy minister. The Star Online. 6 January 2014. http://www.themalaymailonline.com/malaysia/article/government-spends-rm2m-a-day-to-feed-illegal-immigrants.

    [7] Human Rights Commission of Malaysia. Roundtable on Alternatives to Immigration Detention Held on 12th November 2013. http://www.suhakam.org.my/wp-content/uploads/2013/12/Report-on-Roundtable-on-ATD-Malaysia.pdf.

    [8] Report of the Working Group on Arbitrary Detention: Addendum: Mission to Malaysia. A/HRC/16/47/Add.2. 8 February 2011.

    [9] Act 150, Passport Act 1966. Incorporating all amendments up to 1 January 2006. Section 5(3). http://www.agc.gov.my/Akta/Vol.%204/Act%20150.pdf.

    ENFORCEMENT DATA

    Total Migration Detainees: Flow + Stock (year)
    47,092
    2017
    86,795
    2016
    68,000
    2013
    Reported Population (Day)
    17,634
    2022
    13,000
    2020
    Number of Women Placed in Immigration Detention (year)
    3,211
    2022
    Total Number of Children Placed in Immigration Detention (Year)
    885
    2017
    166
    2017
    1,196
    2014
    1,406
    2013
    Number of Accompanied Children Placed in Immigration Detention (Year)
    1,528
    2022
    Number of Voluntary Returns & Deportations (Year)
    59,765
    2014
    10,000
    2009
    Total Immigration Detention Capacity
    21,150
    2022
    Immigration Detention Capacity (Specialised Immigration Facilities Only)
    14,000
    2014
    13,000
    2014
    6,640
    2010
    11,400
    2007
    Number of Transit/Border Detention Facilities
    2
    2014
    Number of Dedicated Immigration Detention Centres
    21
    2022
    14
    2014
    12
    2014
    13
    2014
    15
    2014
    13
    2010
    17
    2008
    Criminal Prison Population (Year)
    51,602
    2016
    39,740
    2013
    38,387
    2010
    50,305
    2007
    43,424
    2004
    28,891
    2001
    29,150
    1998
    24,831
    1995
    21,612
    1992
    Percentage of Foreign Prisoners (Year)
    29.1
    2016
    29.4
    2013
    Prison Population Rate (per 100,000 of National Population)
    167
    2016
    133
    2013
    135
    2010
    186
    2007
    170
    2004
    119
    2001
    129
    1998
    118
    1995
    111
    1992

    POPULATION DATA

    Population (Year)
    32,400,000
    2020
    30,331,000
    2015
    29,300,000
    2012
    International Migrants (Year)
    3,430,380
    2019
    2,514,200
    2015
    6,000,000
    2014
    2,469,200
    2013
    International Migrants as Percentage of Population (Year)
    8.3
    2015
    8.3
    2013
    Estimated Undocumented Population (Year)
    2,000,000 (3000000)
    2014
    540,000 (1800000)
    2011
    Refugees (Year)
    129,107
    2019
    121,302
    2018
    103,839
    2017
    92,209
    2016
    94,166
    2015
    97,513
    2014
    Ratio of Refugees Per 1000 Inhabitants (Year)
    3
    2016
    3.32
    2014
    3.19
    2012
    New Asylum Applications (Year)
    27,627
    2019
    20,346
    2016
    25,711
    2014
    20,183
    2012
    Refugee Recognition Rate (Year)
    90.4
    2014
    Stateless Persons (Year)
    9,631
    2018
    10,068
    2017
    10,931
    2016
    40,000
    2015
    40,000
    2014

    SOCIO-ECONOMIC DATA & POLLS

    Gross Domestic Product per Capita (in USD)
    11,307
    2015
    10,514
    2014
    Remittances to the Country
    1,565
    2014
    1,235
    2011
    Remittances From the Country
    1,754
    2010
    Unemployment Rate
    2014
    Net Official Development Assistance (ODA) (in Millions USD)
    11.9
    2014
    15,370,000
    2012
    Human Development Index Ranking (UNDP)
    62 (High)
    2015
    Pew Global Attitudes Poll on Immigration
    89
    2007

    B. Attitudes and Perceptions

    MIGRATION-RELATED DETENTION

    Does the Country Detain People for Migration, Asylum, or Citizenship Reasons?
    Yes
    2022

    LEGAL & REGULATORY FRAMEWORK

    Do Migration Detainees Have Constitutional Guarantees?
    Yes (Federal Constitution of 1957 as amended in2007 by Act A1320. Article 5) 1957 1957
    1957 2007
    Detention-Related Legislation
    Immigration Act 1959/63. Amended up to 1 January 2006. (1959) 2006
    1959
    Additional Legislation
    Act 670. Anti-Trafficking in Persons and anti-Smuggling of Migrants Act 2007. As at 1 November 2014. Section 25. (2007) 2014
    2007
    Act 537, Prison Act 1995. (1995) 2009
    1995
    Act 150, Passports Act 1966. (1966) 2006
    1966
    Regulations, Standards, Guidelines
    Immigration Regulations 1963. Regulation 39(b). (1963)
    1963

    GROUNDS FOR MIGRATION-RELATED DETENTION

    Immigration-Status-Related Grounds
    Detention to prevent unauthorised entry at the border
    2015
    Detention for unauthorised entry or stay
    2015
    Detention to effect removal
    2015
    Detention of unauthorised persons by executive discretion
    2015
    Non-Immigration-Status-Related Grounds in Immigration Legislation
    Detention on health-related grounds
    2015
    Detention on public order, threats or security grounds
    2015
    Criminal Penalties for Immigration-Related Violations
    Yes (Yes)
    2015
    Grounds for Criminal Immigration-Related Incarceration / Maximum Length of Incarceration
    Unauthorized entry (1825)
    2015
    Unauthorised stay (1825)
    2015
    Unauthorized re-entry (1825)
    2015
    Children & Other Vulnerable Groups
    Accompanied minors (Provided) Yes
    2014
    Unaccompanied minors (Not mentioned) Yes
    2014
    Stateless persons (Not mentioned) Yes
    2014
    Victims of trafficking (Prohibited) Yes
    2014
    Elderly (Not mentioned) Yes
    2010
    Pregnant women (Not mentioned) Yes
    2010
    Persons with disabilities (Not mentioned) Yes
    2010
    Mandatory Detention
    Yes (All apprehended non-citizens who do not have proper documentation)
    2010
    Re-Entry Ban
    Yes
    2015

    LENGTH OF MIGRATION-RELATED DETENTION

    Maximum Length of Administrative Immigration Detention
    No Limit: Yes
    2015
    Maximum Length of Detention of Asylum-Seekers
    No Limit: Yes
    2014
    Maximum Length in Custody Prior to Detention Order
    Number of Days: 14
    2015
    Number of Days: 30
    2015

    MIGRATION-RELATED DETENTION INSTITUTIONS

    Custodial Authorities
    Federal Task Force of Sabah
    2015
    Immigration Department (Interior Ministry) Interior or Home Affairs
    2015
    Immigration Department (Home Affairs) Interior or Home Affairs
    2014
    Officer in Charge of the prison (Interior Ministry) Interior or Home Affairs
    2014
    Prison Department of Malaysia (Interior Ministry) Interior or Home Affairs
    2014
    Immigration Department (Interior Ministry) Interior or Home Affairs
    2014
    Immigration Department (Ministry of the Interior) Interior or Home Affairs
    2014
    Jabatan Penjara Malaysia - Prison Department Prison
    2009
    Jabatan Penjara Malaysia - Prison Department Prison
    2008
    Jabatan Penjara Malaysia - Prison Department Prison
    2007
    Apprehending Authorities
    immigration officers, police officers and custom officers
    2014
    RELA - Peoples Volunteer Corps, under the Ministry of Home Affairs
    2012
    Detention Facility Management
    Department of Depot Management, Ministry of Home Affairs, in peninsular Malaysia and Sarawak (Governmental)
    2015
    Federal Special Task Force, for facilities in Sabah (Governmental)
    2015
    Department of Depot Management, Ministry of Home Affairs (Governmental)
    2015
    Federal Task Force of Sabah (Governmental)
    2015
    Federal Special Task Force (Governmental)
    2015
    Prisons Department of Malaysia (Governmental)
    2014
    Prison Department of Malaysia (Governmental)
    2014
    Immigration Department, with collaboration from the prisons department, police, RELA (Peoples Volunteer Corps under the Ministry of Home Affairs) and the civil defence force (JPAM). (Governmental)
    2013
    Jabatan Penjara Malaysia - Prison Department (Governmental)
    2009
    Jabatan Penjara Malaysia - Prison Department (Governmental)
    2008
    Jabatan Penjara Malaysia - Prison Department (Governmental)
    2007
    Pasukan Petugas Khas Persekutuan Negeri Sabah (Governmental)
    2007
    Penjara Wanita Kajang (Governmental)
    2007
    Formally Designated Detention Estate?
    Yes (Dedicated immigration detention facilities)
    2014
    Types of Detention Facilities Used in Practice
    2015
    2014

    PROCEDURAL STANDARDS & SAFEGUARDS

    Procedural Standards
    Right to appeal the lawfulness of detention (Yes) No
    2014
    Independent review of detention (No) No
    2014
    Right to legal counsel (No) No
    2014
    Information to detainees (No) No
    2014
    Access to consular assistance (Yes) Yes
    2014
    Access to asylum procedures (No) Yes
    2014
    Complaints mechanism regarding detention conditions (No) No
    2014
    Access to free interpretation services (No) No
    2014
    Types of Non-Custodial Measures (ATDs) Provided in Law
    Release (Yes) infrequently
    2014

    DETENTION MONITORS

    Types of Authorised Detention Monitoring Institutions
    International Committee of the Red Cross (ICRC) (International or Regional Bodies (IRBs))
    2017
    Human Rights Commission of Malaysia (SUHAKAM) (National Human Rights Institution (or Ombudsperson) (NHRI))
    2015
    International Committee of the Red Cross (ICRC) (International or Regional Bodies (IRBs))
    2014

    TRANSPARENCY

    READMISSION/RETURN/EXTRADITION AGREEMENTS

    COVID-19

    HEALTH CARE

    COVID-19 DATA

    Has the country released immigration detainees as a result of the pandemic?
    No
    2020
    Has the country used legal "alternatives to detention" as part of pandemic detention releases?
    Unknown
    2021
    Has the country Temporarily Ceased or Restricted Issuing Detention Orders?
    No
    2020
    Has the Country Adopted These Pandemic-Related Measures for People in Immigration Detention?
    Unknown
    2021
    Has the Country Locked-Down Previously "Open" Reception Facilities, Shelters, Refugee Camps, or Other Forms of Accommodation for Migrant Workers or Other Non-Citizens?
    Unknown
    2021
    Have cases of COVID-19 been reported in immigration detention facilities or any other places used for immigration detention purposes?
    Yes
    2020
    Has the Country Ceased or Restricted Deportations/Removals During any Period After the Onset of the Pandemic?
    No
    2021
    Has the Country Released People from Criminal Prisons During the Pandemic?
    Yes
    2020
    Have Officials Blamed Migrants, Asylum Seekers, or Refugees for the Spread of COVID-19?
    Yes
    2020
    Has the Country Restricted Access to Asylum Procedures?
    Yes
    2020
    Has the Country Commenced a National Vaccination Campaign?
    Yes
    2021
    Have Populations of Concern Been Included/Excluded From the National Vaccination Campaign?
    Unknown
    2020

    INTERNATIONAL TREATIES

    International Treaties Ratified
    Ratification Year
    Observation Date
    CRPD, Convention on the Rights of Persons with Disabilities
    2010
    2010
    CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
    1995
    1995
    CRC, Convention on the Rights of the Child
    1995
    1995
    VCCR, Vienna Convention on Consular Relations
    1991
    1991
    Ratio of relevant international treaties ratified
    Ratio: 4/19
    Treaty Reservations
    Reservation Year
    Observation Date
    CRPD Article 3 2010
    2010
    2017
    CRPD Article 15 2010
    2010
    2010
    CRC Article 14 1995
    1995
    1995
    CRC Article 28 1995
    1995
    1995
    CRC Article 37 1995
    1995
    1995
    Ratio of Complaints Procedures Accepted
    Observation Date
    0/3
    2017
    Relevant Recommendations Issued by Treaty Bodies
    Recommendation Year
    Observation Date
    Committee on the Elimination of Discrimination Against Women § 14. Recalling its general recommendation No. 33 (2015) on women ’ s access to justice, the Committee recommends that the State party: (a) Simplify the procedure for gaining access to legal aid and ensure that it is available and accessible to all women, regardless of nationality in all cases of criminal, civil, social, administrative, constitutional and family law; (b) Identify and address the specific obstacles faced by women who are in disadvantaged situations, including migrant women, in particular undocumented migrant women, women held in immigration detention centres, and asylum-seeking and refugee women, so as to ensure that they have access to justice and recourse to effective remedies; (c) Strengthen the gender responsiveness and gender sensitivity of the justice system, including by increasing the number of women in the justice system and providing systematic capacity-building for judges, prosecutors, lawyers, police officers and other law enforcement officials on the Convention, the Committee’s jurisprudence and its general recommendations; (d) In its next periodic report, provide data disaggregated by sex, age, nationality and other relevant factors on the number of applicants for legal aid, the number of individuals who were assisted and the number of cases that were concluded in favour of the applicant. ... § 46. With reference to its general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, the Committee recommends that the State party: [...] (e) Establish alternatives to detention for asylum-seeking and refugee women and girls, and in the interim take concrete measures to ensure that detained women and girls have access to adequate hygiene facilities and material necessities and are protected from all forms of gender-based violence, including by ensuring that all complaints are effectively investigated, perpetrators are prosecuted and adequately punished and victims are offered effective remedies; [...] 2018
    2018
    Committee on the Rights of the Child § 83. In the light of articles 3 and 22 and other relevant provisions of the Convention, the Committee recommends that the State party, taking into account the Committee’s General Comment No. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin (CRC/GC/2005/6): (a) Take urgent measures not to detain children in connection with immigration proceedings unless it is necessary to protect their best interests - and then forthe shortest time possible, and establish a screening process to ensure that groups with special needs, such as refugees and asylum-seekers, including theirchildren, are rapidly identified; [...] (e) If detention is necessary in a particular, exceptional case, take all measures necessary to make this as short as possible and provide for special protection and assistance measures for refugee and asylum-seeking children and their families while in detention, in line with relevant international standards. 2007
    2007

    NON-TREATY-BASED INTERNATIONAL HUMAN RIGHTS MECHANISMS

    Visits by Special Procedures of the UN Human Rights Council
    Year of Visit
    Observation Date
    Working Group on arbitrary detention 2010
    2010
    2015
    Relevant Recommendations by UN Special Procedures
    Recommendation Year
    Observation Date
    Working Group on arbitrary detention "117. Regardless of immigration status, nobody should be subjected to arbitrary detention or appalling detention conditions. The Government is reminded that it is its responsibility to guarantee the right to physical and psychological integrity and the right to security in immigration detention centres.[...] 119. The Government should also rule out detention of asylum-seekers and refugees as well as vulnerable groups of migrants, including unaccompanied minors, families with minor children, pregnant women, breastfeeding mothers, elderly persons, persons with disabilities, people with serious and/or chronic physical or mental health problems. 120. The Government should, in all cases, provide for automatic periodic review by a court of law on the necessity and legality of detention. 121. The Government should also provide for an effective remedy for detainees to challenge the necessity and legality of detention at any time of the detention period and ex post facto, and define the circumstances. 122. As long as there is a regime of mandatory administrative detention for migrants in an irregular situation, the Government should legally define its maximum period rather than basing it on Government regulations or policy. 123. The Government should also provide for a system of legal aid for immigration detainees. 124. The Government should assume the responsibility of improving the conditions in immigration detention centres as a matter of urgency. 125. RELA [Ikatan Relawan Rakyat Malaysia Volunteer Corps], as a volunteer force, should not be used for law enforcement nor for guarding immigration detention centres. " 2010
    2010
    2010
    Relevant Recommendations from the UN Universal Periodic Review
    Observation Date
    No 2009
    2017

    REGIONAL HUMAN RIGHTS MECHANISMS

    Regional Legal Instruments
    Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
    Observation Date
    ASEAN CATPWC Convention Against Trafficking in Persons, Especially Women and Children 2017
    2017
    2017

    GOVERNANCE SYSTEM

    Legal Tradition(s)
    Common law
    Muslim law
    Customary law
    Federal or Centralised Governing System
    Federal system
    2015

    DETENTION COSTS

    OUTSOURCING

    FOREIGN SOURCES OF FUNDING FOR DETENTION OPERATIONS