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 […]
16 June 2021 – Malaysia
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 […]
25 February 2021 – Malaysia
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 […]
18 February 2021 – Malaysia
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. […]
25 November 2020 – Malaysia
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 […]
04 June 2020 – Malaysia
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 […]
26 May 2020 – Malaysia
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 […]
03 May 2020 – Malaysia
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 […]
16 April 2020 – Malaysia
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, […]
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/.
[4] Amnesty International, A Blow to Humanity: Torture by Judicial Caning in Malaysia, December 2010. https://www.amnesty.org/en/documents/ASA28/013/2010/en/.
[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.
DETENTION STATISTICS
DETAINEE DATA
DETENTION CAPACITY
ALTERNATIVES TO DETENTION
ADDITIONAL ENFORCEMENT DATA
PRISON DATA
POPULATION DATA
SOCIO-ECONOMIC DATA & POLLS
MIGRATION-RELATED DETENTION
GOVERNANCE SYSTEM
LEGAL & REGULATORY FRAMEWORK
GROUNDS FOR MIGRATION-RELATED DETENTION
Children & Other Vulnerable Groups
LENGTH OF MIGRATION-RELATED DETENTION
MIGRATION-RELATED DETENTION INSTITUTIONS
Custodial Authorities
Detention Facility Management
Department of Depot Management, Ministry of Home Affairs, in peninsular Malaysia and Sarawak
(Governmental)
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)
PROCEDURAL STANDARDS & SAFEGUARDS
Procedural Standards
DETENTION MONITORS
Types of Authorised Detention Monitoring Institutions
Human Rights Commission of Malaysia (SUHAKAM)
(National Human Rights Institution (or Ombudsperson) (NHRI))
> National human rights monitoring bodies
> National Preventive Mechanisms (Optional Protocol to UN Convetion against Torture)
> Non-governmental organisations (NGOs)
> Governmental monitoring bodies
> International detention monitoring
TRANSPARENCY
READMISSION/RETURN/EXTRADITION AGREEMENTS
COVID-19
HEALTH CARE
COVID-19 DATA
Have Populations of Concern Been Included/Excluded From the National Vaccination Campaign?
INTERNATIONAL TREATIES
International Treaties Ratified
Ratification Year
Observation Date
Ratio of relevant international treaties ratified
Ratio: 4/19
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
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
DETENTION COSTS
OUTSOURCING
FOREIGN SOURCES OF FUNDING FOR DETENTION OPERATIONS
Government Agencies
Ministry of Home Affairs, http://www.moha.gov.my/index.php/en/
Royal Malaysian Police Force, https://www.rmp.gov.my/
SUHAKAM - Human Rights Commission of Malaysia, http://www.suhakam.org.my/
International Organisations
International Labour Organization: Sub-Regional Office for East Asia, http://www.ilo.org/asia/countries/malaysia/lang--en/index.htm
International Organization for Migration (IOM) Malaysia Country Information, https://www.iom.int/countries/malaysia
UNHCR Malaysia Country Information, http://reporting.unhcr.org/node/2532#_ga=1.40865890.1574793458.1466088472
NGO & Research Institutions
Amnesty International Malaysia, http://www.aimalaysia.org/
Migrant CARE, http://migrantcare.net/#
National Human Rights Society (HAKAM), http://hakam.org.my/wp/
Suara Rakyat Malaysia (SUARAM), http://www.suaram.net/
Media
Bernama Malaysia National News Agency (state-run news agency), http://www.bernama.com/bernama/v5/index.php
Irrawaddy (regional information), http://www.irrawaddy.org/
Malay Mail, http://www.mmail.com.my/
Malaysia Kini, http://www.malaysiakini.com/
New Straits Times, http://www.nst.com.my/
The Star,http://www.thestar.com.my/
Utusan Malaysia (Malay), http://www.utusan.com.my/
