SHEIKH Nasir Ahamed (age approximately 34 years) exited Bangladesh on me 27th June 1995 and entered Malaysia on the 2nd July '95. He was arrested tn Beiitong by police and remained in their custody until on or about the 12th July 95. While in Bentong Jail. Nasir was stripped naked and beaten by police. He was allowed to wear only underwear while in Jail. At night, the lights were left on and their power increased.
Naair was transferred to Kemayan Detention camp in Termeloh. Pahang on the 12th July where he remained until his release on the 10th November 1995. He and his other fellow unfortunate comp mates were subject to barbaric treatments. They were forced to touch the ground with one index ’ finger and circle it while squatting and barefoot, in the hot sun. a total of 30 times. After each set of 10. they were supposed to stand up straight. He managed to do this twice. Dur ing the third set. he became dizzy and fell down. When he fell, he was beaten by camp police. Such beating included being kicked by booted personnel all over the body and being punched and slapped, mostly on the face and head. He was then forced to squat in line with . other detainees and walk in the hot sun barefooted down a gravel road with sharp stones which caused his feet to blister. Thev were forced to strip naked. Their heads were roughly shaved leaving halt in patches . in some places and completely bold in others.
Their personal belonging and money were taken from them. From Nasir, a calculator, shoes and a watch (total approximate value Bangladeshi Taka 2700) were taken away. A receipt was issued for the amount of RM 20. Upon his release, he was given RM 10. None of his Cersonal items were returned to im although he asked for them.
At around the time of Fazar namaz. they were daily forced to undergo 'physical training (pt) such as doing 100-200 push ups and pumping. Pumping re-’ quired one to squat with hands behinds the head while alternately shifting feet forward and ba'-k. They had to wait for one hour or more outside in the hot sun or pouring rain before every meal. Camp rules prohibited talking moving, laughing or even walking.
On or about the end of August. he was beaten by 4-5 camp police for informing the camp sergent of his pre-existing kidney problem. The beating included booted kicks to his entire, body and punches and slope to his head and face. After this beating, he could not hear in his left for 5-7 days. After he was excused from regular PT, camp police forced him to walk up and down a 35 degree slope with a block of wood on his shoulders (approximately 40 kg in weight. 10 feet long and 7 feet wide) for every day for one week. He was told that if he told the camp-sergent about this, he would be killed
During on or about November 1995. after he had met with a representative from the Bangladesh Embassy and upon his request been examined by a
physician he was taken to an office where 4 5 police beat him They accused him of complaining about camp conditions As other police passed by the office, they too would enter and beat him They beat tilm tor approximately 40 minutes, after which he was interrogated for another 10-15 minutes and returned to the camp with no medical treatment.
Nasir released on 10th November The visiting consel-lor (Labour) of the High Commission of Bangladesh provided airticket and travel permit because of his sickness and as a result he was repatriated to Bangladesh after a few days. Upon returning to Bangladesh Nasir received medical treatment for his kidneys, swollen ankles, swollen knees and weakness (as he was even unable to walk).
No doubt Nasir was fortunate! At least he could avoid death which many of his camp mates could not. Malaysian authorities acknowledged that at least forty Bangladeshis have died tn the camps. Some Bangladeshis are released upto a year after detention, while others including women, children. are held indefinitely. After interviewing 340 camp detainees. a Malaysian human rights organisation described the camps as "hell-holes". And more than 25 thousands Bangladeshi workers are detained in such hell holes at present. Acute physical deprivation and abuse, ranging from inadequate food and water to barbaric, subhuman torture are the norm. In one case, a detained Bangladeshi woman became pregnant under suspicious circumstances and gave birth in the camp with no medical attention. She was released only after intervention by human rights organizations and has been departed never to be heard from again. The plight and immense sufferings of Bangladeshi migrants in Malaysian detention camps cast serious doubt about the very existence of any legal protection for the migrant workers.
Legal Protections : Do They Exist Ai AU?
Migrant workers are a permanent and global institution. It has been estimated that the number of international migrants in the world, including refugees is in an excess of 125 million. More and more people of diverse family, educational, vocational and technical back grands are crossing borders and seas to look for work In a verity of forms — usually in developed countries tn the west. They go as documented migrants who are sent abroad by their governments. or as undocumented migrants. who are smuggled out of the country iUegally in order to look for work. Due to procedural complexities and flaws in the governmental migration policy, some times the workers are migrated illegally knowing that they are migrated legally
Migrant workers are a v^Ju> able source of foreign exchange for Bangladesh. Unfortunately, some developing ^countries, tn eluding our own. ore doing little to protect the rights of their golden geese' abroad. The work era. specially, the female mi grant workers are under — paid abused, sexually harassed and made to live in appalling conditions. Some languish in Jail, and there are true stories of for i eign maids being abused and even killed by their masters or mistresses. TTjus. ft is both the sending and receiving countries which violate the rights of these workers.
It may be argued that Bangladeshi migrants, ^spe dally undocumented ones, willingly choose to migrate and should face the consequences of
their actions. But it should be remembered that migration does not exist in a vacuum. It is vital to remember that both Bangladeshi and Malaysian governments have actively encouraged labour migration and therefore have an obligation to
regulate it. The government of Bangladesh values labour migration because citizens who work in abroad send home valuable foreign capital. Because of heavy demand, the manpower business also yields healthy profits for those who
control it. On the other hand. Malaysia needs foreign workers to fill the Jobs which Malaysians no longer want and to meet the domestic needs of newly prosperous Malaysians. In. addition. Malaysia collects RM 400-500 million per year from levies an foreign workers, not to mention the money migrants spend in the local economy.
Both Malaysia and Bangladesh are also obliged to protect pigrant workers and their human rights pursuant to various International instruments. The story of Sheikh Nasir Ahamed which may be termed as the common phenomena of thousands of migrant workers as it confirms with their experiences also questions the existence of any legal protection for the migrant workers.
But legal migrants and contract labourers-are protected by various instruments. Articles of the Vienna convention, with regard to migrant workers, state:
Art 38: The world conference on Human Rights urges all states to guarantee the protection of the Human Rights of all migrant workers and their families.
Art 34: The World conference on Human Rights considers that the creation of conditions to foster greater harmony and tolerance between migrant workers and the rest of the society of the state in which they reside is of particular importance.
Article 35 of the convention invites nations to sign and rat ify the international convention on the Rights of all Migrant workers and members of their families. This document seeks to ensure the equal and humane treatment of migrants and their families with regard to employment conditions, housing, medical care and even political rights.
Infact, recognising the truth that the phenomenon of migrant workers have not only humanitarian considerations but also international political, economic and social effects, the international community came together and the United Nations General Assembly approved of a new International convention on the protection of all migrant workers and member of their families on 18 December 1990.
The convention recognises that the migrant workers and members of their families are an unprotected population whose rights are not addressed by the national legislature of the receiving states and by their own states of origin. Accordingly. it is the responsibility of the international community, through the United Nations, to afford them measures of protection. .
The convention provides for an international definition of a migrant worker and extends fundamental human rights to both documented and undocumented migrant workers. The convention also established international standard of treatments through the extension of human rights to such workers and their families. ,
Besides such specialized protection. more generally, a migrant’s human rights are enumerated and protected by the Universal Declaration of Human Rights as well by the United Nations International Covenant on Civil and Political Rights and International Covenant on Economic. Social and Cultural Rights.
In a resource-limited world, the various goals set by differ ent conventions, covenants etc may appear unattainable Nev ertneless both ILO and UN in-
struments can be used as points of reference to further develop domestic migration policies. Unfortunately both Bangladesh and Malaysia have not been implemented legislation to enforce these rights.
On the national level, in the wake of the scandal over the treatment of Bangladesh migrants In Malaysian detention camps, the Bangladeshi government has promised to act.
In AuguSt of this year, it signed a memorandum of understanding with Malaysia for better working conditions for migrant workers. Another can that may hare an impact on traffickers is the oppression of women and children Act (1995). It imposes rigorous penalties for Kidnapping for unlawful or immoral purpose and tracing of women. But these are not adequate to face the crisis.
What Immediately should be Done.
Besides enacting adequate domestic law provides protection for migrants, establishment of agency transparency is crucial. Government of both the countries should ensure the accountability and openness of their concerned agencies. Such transparency and openness will deter corruption and serve as a - check on government actions and provide the government with independent review of its policies.
For some sort of Immediate remedies of the sufferings of the Bangladeshi workers the Bangladesh High Commission In Kualalampur. Malaysia should play the role of a watch dog on the situation of the detention camps. They must be active and do the needful for removing the plight of the migrants. The Ministry of the Foreign Affairs should monitor the activities of the foreign missions especially in such regard regularly.
Additional measures must be taken by both the countries. Both countries should enforce laws which make it illegal to hold another's passport. This would restore the fundamental right of the worker to his or her identity in addition to allowing detained workers to prove their legal status to immigration of ficials.
Most countries (in this case, obviously Malaysia) should make their migrant detention camps accessible to recognised international non-governmental organisations so that the conditions of the camps may be monitored. Malaysian government should establish monitoring mechanisms and a com plaints bureau for workers to report conditions at detention centres and to lodge complains freely.
Stringent penalties should be imposed for the barbaric practices of torture and custodial violence by the Malaysian police and camp guards'. Provision should be enacted for the award of compensation to prisoners who have been victims of human rights violations by police and jail officials.
A rational policy on migration based on facts and figures of reality should be formulated by both the country as both have actively encouraged labour migration for their respective interest.
Abul Hasn^t Moryurul Kabir (KalloU Joint Secretary. Law Review. University Students' Centre For Legal Research.