16 February 2005

YAB Dato Seri Abdullah Haji Ahmad Badawi
Prime Minister of Malaysia
Pejabat Perdana Menteri
Pusat Pentadbiran Kerajaan Persekutuan
Bangunan Perdana Putra, 62502 Putra Jaya

Fax Number: (+603) 8888-3444

Re: AN URGENT APPEAL FOR THE PROTECTION OF UNDOCUMENTED MIGRANTS IN MALAYSIA AND STOP THE IMPENDING MASSIVE CRACKDOWN

Dear Prime Minister Badawi,

The Asia Pacific Mission for Migrants together with the undersigned non-governmental organizations, institutions, people's formation and individuals from different parts of the world would like to make an urgent appeal for the protection of undocumented migrants and to stop your government's impending massive arrest, detention, caning and deportation of them. Such actions would only breed more human rights violations and abuses.

Likewise, we demand that your government observe the 1999 Bangkok Declaration on Undocumented/Irregular Migrants of which your government is one of the signatories.

The aforementioned Bangkok Declaration states on number 14 that "Irregular migrants should be granted humanitarian treatment, including appropriate health and other services, while the cases of irregular migration are being handled, according to law. Any unfair treatment towards them should be avoided".

The 2002 amended Immigration Act - which permitted public whipping as part of the penalty for those who overstayed their visas and can be applied to anyone including women and children aged 10 years old and above - is in direct defiance of the aforementioned declaration and a violation of international humanitarian law and norms.

We are also alarmed by your government's plan to mobilize 400,000 civilian volunteers to take part in the massive arrest, detention, public whipping and deportation of undocumented migrants and providing them reward money for every arrested undocumented migrant. This plan will only worsen the situation and can ignite more widespread human rights violations and abuses. It is practically whipping up a lynch mob against undocumented migrants.

We also would like to remind your office that since you started to conduct a series of massive arrests, detention and deportation of undocumented migrants since 1986, the estimated number of undocumented migrants even increased and the reported human rights violations and different forms of abuses especially among women and children have actually increased and worsened. We believe that unless the root causes of forced migration are addressed, the number of migrants who are forced to become undocumented will continue.

On the other hand, the tsunami disaster that resulted to grievous devastation and loss of life among countries mostly of migrant workers in Malaysia as well as the recent political instability in Nepal are the conditions that will make the life of migrants in Malaysia even more miserable.

It is in this regard, that we strongly appeal for a humanitarian consideration for the undocumented migrants in Malaysia and for the immediate halt of the planned persecution of the undocumented migrants and provide them the condition to choose if they wish to continue their stay in your country.

The implementation of a comprehensive humanitarian and economic plan together with the ASEAN countries to address the root causes of the growing numbers of undocumented migrants and forced migration is a case in point that needs an urgent and immediate action to alleviate the condition of undocumented migrants.

Furthermore, we strongly demand the following:

1. Abolish the 2002 Amended Immigration Act and implement an Immigration Policy that adheres to international human rights standards and instruments;
2. Abolish the planned mobilization of civilian volunteers in arresting undocumented migrants;
3. Issue extension visas to migrants with pending labor and court cases and allow them to continue their stay and work with employers who wish to sponsor them;
4. Implement a policy that will address the trafficking issues of women and children;
5. Establish a Special Commission on Migration for a total review and map the road to a comprehensive policy for the management of migration that upholds the rights of migrant workers.

Signed by:

HONG KONG SAR and MACAU SAR
Asia Pacific Mission for Migrants (APMM)
United Filipinos in Hong Kong (UNIFIL-HK)
MIGRANTE Party List - Hong Kong Chapter
Asosiasi Tenaga Kerja Indonesia di Hong Kong (ATKI-HK)
Hong Kong Confederation of Trade Unions (HKCTU)
Association of Concerned Filipinos in Hong Kong (ACFIL)
Peggy Lee
Jean Faroden Leano
Pinatud A Saleng ti Umili (PSU-HK)
Cordillera Allainace in Hong Kong (CORALL)
Cyril Cacay, Chairperson, Macau Cordillerans Association (MCA)
MIGRANTE Sectoral Party of Overseas Filipinos and Their Families-Macau
Hong Kong Women Workers' Association
Mission for Filipino Migrant Workers (MFMW)
Zi Teng
Hong Kong Christian Industrial Committee (HKCIC)
Thai Regional Alliance in HK (TRA-AMCB)
Satya Ghale, Secretary, Far East Overseas Nepalese Association in Hong Kong
(FEONA-AMCB)
Abra Tinguian Ilocano Society (ATIS-HK)
Mabel Au, International Liaison for HKPAWTO ICN Conference
Asian Students Association (ASA)
Association of Sri Lanka in Hong Kong (ASL-AMCB)
Friends of Thais in Hong Kong (FOT-AMCB)
Asian Migrants Coordinating Body (AMCB)
Hong Kong Women Workers' Association
Sex Workers Concern Group

MALAYSIA
The National Human Rights Society (HAKAM)
Solidarity for Aceh
Labour Resource Centre (LRC)
Elizabeth Wong, Secretary-General, National Human Rights Society (HAKAM)

THAILAND
Theresa J Limpin, Regional Coordinator, Asia Pacific Regional Resource Center for Human
Rights Education (ARRC)
Taytay, Shan Women's Action Network (SWAN)
Bandana Pattanaik, Coordinator, Global Alliance Against Traffic in Women (GATW)
Jurgen Thomas, National Coordinator Thailand, Acting for Women in Distressing
Situations (AFESIP)
Rahab Ministries, Bangkok
Patricia Green, World Outreach International
Deepa Bharathi, Committee for Asian Women, Bangkok
Asia Pacific Forum on Women, Law and Development(APWLD)
Virada Somswasdi, Chair Graduate Program in Women's Studies, Women's Studies
Center Faculty of Social Sciences, Chiangmai University

CAMBODIA
Legal Support for Children and Women, Phnom-Penh

INDONESIA
Serikat Buruh Jabotabek, Jakarta
Serikat Buruh Regional, Surabaya
Yayasan Bakti Pertiwi, Jakarta
Kelompok Kerja Humanika, Surabaya
Anna Puspita Rahayu, Program Officer, Solidarity Center Indonesia (ACILS)
Serikat Buruh Jabotabek, Jakarta
Serikat Buruh Regional, Surabaya
Yayasan Bakti Pertiwi, Jakarta
Kelompok Kerja Humanika, Surabaya
Yayasan Annisa Swasti (YASANTI), Jogjakarta
Sahabat Perempuan, Muntilan, Magelang, Jawa Tengah
Gerakan Rakyat Indonesia (GRI), Jakarta
Rukun Tani dan Nelayan, Indonesia (RTN)
Pergerakan Mahasiswa dan Pelajar Indonesia (PMPI)
Savy Amira Women's Crisis Center, Surabaya, East Java

PHILIPPINES
Solidarity of Cavite Workers
Workers Assistance Center, Inc.
Connie Bragas-Regalado, Chairperson, Migrante Sectoral Party of Overseas Filipinos and
Their Families
Maita Santiago, Secretary General, MIGRANTE International
Alexander Martin Remollino
Rev. Reynaldo B. Cortes, Moderator, Southeast Asia Network on Undocumented
Children; Asst. Prog. Secretary, Program Unit on Faith, Witness and Service,
National Council of Churches in the Philippines
Darlene Menese, Anakbayan
Rep. Liza Maza (Gabriela Women's Party)
Rosario Padilla
Susan Lubi
Antoinette Ty
Janice Lee Monte
Anne Louise Guevara
Ligaya Santos Solomon
Veronica Dacillo
Emma Chiyuto
Oscar dela Cruz
Ima Ariate
Elmer C. Labog, Chairperson, Kilusang Mayo Uno Labor Center
Vernie Yocogan-Diano, Innabuyog-Gabriela Cordillera (women’s organization)
Cornelia Ag-agwa, Innabuyog, Gabriela Cordillera (women’s organization)
Leonora Membrot, Innabuyog-Gabriela Cordillera (women’s organization)
Maria Isabel Lanada, Executive Director, Children's Rehabilitation Center
Alphonse Rivera, Program Coordinator, Children's Rehabilitation Center
Bruce Dig, Campaign Officer, Information and Publicity, Children's Rehabilitation Center
Carlos Padolina, Secretary General, SALINLAHI Foundation-Philippines, Alliance for
Children's Concern
Hazel Dizon, Campaign Officer, SALINLAHI Foundation
Jacqueline Ruiz, Parent's Alternative Incorporated (PAI)
Emmi de Jesus, Secretary General-Gabriela (National Alliance of Women's Organization
in the Philippines)

SRI LANKA
The Democratic Left Front, Sri Lanka
Marriline Jesuthasan, Office Manager, Sri Lanka Catholic National Commission for
Migrants
Women's Center, Sri Lanka
Anton Marcus, Joint Secretary, Free Trade Zones & General Services Employees Union
Padmini Weera Suriya, Women's Center

INDIA
Chanda Asani, social and political activist from India
Yogesh Grover, President, The Daybreak Society, Delhi
Bishakha Bhanja, Jajnaseni- An anti-trafficking forum in Orissa
P.Chennaiah, Secretary National Coordination, Andhra Pradesh Vyavasaya Vruthidarula
Union (APVVU)

NEPAL
Bimala Jnawali-Programme-Coordinator, Alliance Against trafficking in Women and
Children in Nepal (AATWIN)
Shakti Samuha, Kathmandu

PAKISTAN
Gulzar Ahmed Chaudhary, General Secretary, All Pakistan Trade Union Federation;
President, Pakistan Workers Confederation
Tariq Mahmood, Progressive Youth Organization (Affiliated with All Pakistan Trade Union
Federation)
Nasir Chaudhary, Press & Publication Secretary, All Pakistan Trade Union Federation

BANGLADESH
Tafazzul Hussain, President, GONOTANTRIC MAJDOOR PARTY
Zakir Hossain. General Secretary, BANGLADESH JATIYO SRAMIK FEDERATION (BJSF)
Shamim Ara, Asia Pacific Workers Solidarity Link (APWSL-Bangladesh)
Natasha Ahmad, Human Rights activist
Zakir & Shaila
Krisoks
Krisoker Saar (Farmers' Voice)
East Sujankathi
Goila
Agailjhara
Barisal
Bangladesh
Krisoker saar (Farmers' Voice)

TAIWAN
Sr. Ditma, Missionary Sister of the Immaculate Conception (MIC), Taipei
Huang, Hui-Zhen
Ku, Yu-ling , Secretary General, Taiwan International Workers' Association (TIWA)
Taiwan International Workers' Association (TIWA)
MIGRANTE Party List-Taiwan Chapter
Lennon Ying-Dah Wong, Chinese Federation of Labour; Taiwan Migrants' Forum
Taiwan Migrants' Forum
Eduardo M. Leano, Keelung
Mayneil L. Leano, Keelung
Mei-hua Chen, Assistant Professor, Kaohsiung Medical University
Pei-Chia Lan, Assistant professor, Dept of Sociology, National Taiwan University
Stephana Wei, Director of Rerum Novarum Center
Nina, Huang, Specialist of International Affairs of Peacetime Foundation in Taiwan
Rev. Joyaito F. Tajonera, M.M. Maryknoll Asia Migrant Ministry
Hsiu-Li Lin, International Action and Cooperation Team (iACT)
Hsiao-Chuan Hsia, Associate Professor, Graduate Institute for Social Transformation
Studies, Shih Hsin University
Hsiang-Lin,Lai, General secretary, Solidarity Front of Women Workers (SFWW), Taiwan
Labor group
Willi Boehi, Migrant Concerns, TAIWAN GRASSROOTS WOMEN WORKERS CENTRE, Taipei
Tang, Shu, Labor Rights Association
Taiwan Association for Human Rights, Taipei

JAPAN
Filipino Migrants Center, Nagoya
Philippine Society in Japan (PSJ)
Kalipunan ng mga Pilipinong Nagkakaisa, Nagoya
League of Filipino Seniors (LFS)
Filipina Circle for Advancement and Progress (FICAP)
Ecumenical Learning Center for Children (ELCC)

SOUTH KOREA
Osan Migrant Workers Center, Kyung Ki Do
Asia Pacific Workers Solidarity Links Korea, Seoul
Garry Martinez, Chaiperson, KASAMMAKO
Carlo Oliver, Executive Committee Member, KASAMMAKO
Vivian Vergara EC member KASAMMAKO
Nisa Umlash, Women on the Move (WEMOVE)
Arlene Baluyut, Women on the Move (WEMOVE)
Nash Umlash, Federation of Filipino Workers in Korea (FFW-Korea)
Pastor Jones Galang, Migrante Party List-Korea Chapter
Romy Macabali, President, Pocheon Ecumenical Community
Dan Santos, President, New Era Foundation, Seoul
Noel Salas, General Secretary,. New Era Foundation, Seoul
Fernando Mallari New Era Foundation
Renato Camacho, Pocheon Ecumenical Community, Seoul
Jerry Martinez, Pocheon Ecumenical Community, Seoul
Jobert Vergara, Bicol Association
Dan Santos, President New Era Foundation
Celso Panlaqui, New Era Foundation, Pucheon
Noel Salas, New Era Foundation
Fernando Mallari, New Era Foundation
June Lising, New Era Foundation
Ben Colis, New Era Foundation
Dong Cayanan, New Era Foundation
Beng Dizon, New Era Foundation
Balise Baluyut, New Era Foundation
Ramon De La Cruz, New Era Foundation
Alex Guintu, New Era Foundation
Meng Sicat, New Era Foundation
Manny Tionsong, New Era Foundation, Suwon
Dean Lumbanf, New Era Foundation
Dan Manalili, New Era Foundation
Fe Macabali, New Era Foundation
Joel Besa, New Era Foundation
Monang Besa, New Era Foundation
Toto Peres, New Era Foundation
Allan Patawaran, New Era Foundation
Paner Liwanag, New Era Foundation
Dong Tolosa, New Era Foundation
Mel Sampang, New Era Foundation
Violy Reyes, New Era Foundation
Joxe Murguzur, Franciscan

AUSTRALIA
Fr. Brian D. Byrne SVD, Justice and Peace promoter, Australia Province
Peter Murphy, Coordinator, SEARCH Foundation, Sydney
Reyvi Marinas, Co-Convenor, Philippine Caucus for Peace (PCP)
May Kotsakis, Chairperson, Philippines Australia Solidarity Association
Butch Kotsakis, Chairperson, Migrante Melbourne
Malou Logan, Convenor, Philippine Caucus for Peace
Christie Rivera, Chairperson, Gabriela Australia
Danny Fernandez, Deputy Chairperson, Migrante Melbourne
Jun Cabanos, Coordinator, Philippines Project - Australia Asia Workers Link (AAWL)

NEW ZEALAND
Philippine Migrant Center-Auckland

CANADA
Pinay- (Filipino Women’s of Quebec), Montreal, Quebec
Kabataan Montreal-Montreal, Quebec
Filipino Workers Support Group - Montreal, Quebec
Center for Filipino Concern (CPC)- Montreal, Quebec
Ugnayan ng Kabataang Pilipino sa Canada (Filipino-Canadian Youth Alliance)
Parichart Ruengvisesh, Vancouver, British Columbia
South Asian Women's Community Centre, Montreal, Quebec
VCASAA - Vancouver Custody & Access Support and Advocacy Association, Vancouver
Coalition of South Asian Women Against Violence, Vancouver
Kara Patterson
Parichart Ruengvisesh, Vancouver
Primate's World Relief & Development Fund (PWRDF), Toronto
SIKLAB (Sulong, Itaguyod ang Karapatan ng Mangagawang Pilipino sa Labas ng Bansa)
B. C. Committee for Human Rights in the Philippines, B.C.
Philippine Women Centre of B.C.
Filipino Nurses Support Group (UKPC)

UNITED STATES OF AMERICA
Pilipino-Americans Organizing Workers for Empowerment & Respect (POWER)
Ligaya Lindio McGovern, Ph.D., Associate Professor of Sociology
Filipino Workers Action Center, Seattle, Washington
Pesante-USA
Coalition to Defend Immigrant Rights (CDIR), Los Angeles
Justice for Filipino American Veterans (JFAV)
Filipino Workers' Association (FWA), San Francisco
First Quarter Storm Network (FQSN)
Nagliliyab (Burning Bush), Los Angeles
Alliance for a Just and Lasting Peace in the Philippines (AJLPP)
Arturo P.Garcia, Echo Park Community Coalition, Los Angeles
Rene Rivera, Philippine-US Solidarity Organization (PUSO), Seattle, WA
Amanda Vender, DAMAYAN Migrant Workers Association, New York

MIDDLE EAST
Kapatiran sa Gitnang Silangan (KGS), Riyadh, Kingdom of Saudi Arabia (KSA)
Mangampo Ociones, Chairperson, Migrante Sectoral Party KSA Chapter
Angelito Fedelino, KGS-Riyadh, KSA
Armando G. Ordonez, Chairperson, MIGRANTE-Jubail, KSA
Nhel Morona, Migrante-Dubai, United Arab Emirates
Antonio D. Coloma, Coalition of OFW Associations (COFWA) Eastern Province, KSA
Freda Editha O. Contreras, OFWNet Foundation, Kuwait Chapter
Lakas ng Manggagawa sa Silangang Probinsya, (LMSP-Migrante), KSA
MIGRANTE Sectoral Party, Riyadh Second Industrial City Chapter, KSA
MIGRANTE Sectoral Party, Riyadh (KSA) Chapter
Riyadh OFW Association (ROFWA), KSA
Kapatiran ng Migranteng Stranded sa Riyadh (KAMI-SR), KSA
Phi Lambda Upsilon (PLU), KSA
Rene Valenzuela, Secretary-General, MIGRANTE KSA Chapter
Richard Bautista, Kapatiran sa Gitnang Silangan, (KGS-Migrante), KSA
Dennis Linganay, Riyadh Second Industrial City, KSA
Mario Ben, Riyadh Second Industrial City, KSA
Leonilo Llosa, Riyadh, KSA
Albert Ariola

EUROPE
Princess Urduja, Foundation for Filipino Women Immigrants, Netherlands
Jake Clemencio, Concerned Citizens of Switzerland
Dr. Prem Kumar Rajaram, Department of Sociology and Social Anthropology, Central
European University, Budapest, Hungary
Georgios A. Antonopoulos, University of Durham, United Kingdom
Mike Dottridge, former director of Anti-Slavery International, London
Elena Tyuryukanova, Ph.D., Russian Academy of Sciences, Migration Studies, Russia,
Moscow
Agliberto Aquino, Comuniti Filippina in Toscana, Florence, Italy
Marta Gonzalez, Proyecto Esperanza, Spain
Olivier Dehoorne (UAG-Martinique/ FWI), Universite’ Antilles-Guyane Faculte’ des
Lettres et Sciences Humaines, Martinique, France
Arnel G. Alcober, CMF - JPIC Secretariat of the Claretian Missionaries
Didier Bigo, Journal Cultures et Conflits, Paris

OTHERS: Pipat Traichan and Amy Leigh Brown

Statement Released by:
Asia Pacific Mission for Migrants (APMM)
No. 2, Jordan Road, Kowloon, Hong Kong SAR
Reference: Ramon Bultron, Managing Director
Contact Nos. (852) 2723-7536, 9477-3141
11 February 2005

Crackdown is not the Solution
Stop the Impending Crackdown of Undocumented Migrants
and Their Families in Malaysia!
Respect, Uphold and Protect Their Rights, Dignity and Welfare

We in the Asia Pacific Mission for Migrants are deeply concerned over the planned nationwide crackdown on the estimated 1.2 million undocumented migrants that is to take place in the next days to come.

We call on the Malaysian government and the governments of the sending countries like Indonesia, the Philippines, Sri Lanka, Nepal and Thailand among others, whose nationals toil in Malaysia to guarantee their safety and well-being.

Another round of oppressive crackdown in Malaysia must be stopped now!

Let us not allow the repeat of notorious 2002 crackdown which inflicted grave inhumane treatment on undocumented migrants and sexual abuses on women mi grants and children by the Malaysian authorities during their arrest, detention and deportation. Justice has yet to be served to the thousands of victims of the 2002 fiasco when the Malaysian government deliberately violated the 1999 Bangkok Declaration on Irregular Migration that it has signed and swore to uphold and implement.

The Malaysian government must learn from its crackdown in 2002 and the previous years. It gained an image of notoriety and cruelty on the undocumented migrants and their family members and earned the indignation from migrant organizations, women, youth and human rights groups worldwide.

Now is the chance for the Malaysian government to correct what it has done wrong to show the world its adherence to respecting and upholding the human rights of migrant workers, both legal and undocumented alike. Non-implementation of the impending crackdown is the right thing for the Malaysian government to do now. If it was able to extend the amnesty period , why not totally forgo the planned crackdown?

These undocumented migrants are human beings with human rights. Their having no legal documents must not be criminalized. Their status must not be used as a scapegoat by the Malaysian government in its failure to provide employment to its peoples. They labor hard along with the local workers in building infrastructures, dutifully performing their tasks in plantations and in the service sector in Malaysia and have hugely contributed to its economy. According to employers and some government officials, their labor is needed to fill the vacuum of jobs left out by the locals who also wish better employment and benefits. The Malaysian government is not naive to these facts.

Recently, the home countries of these undocumented migrants were already devastated by heavy natural calamities that brought distraught and massive displacement such as the 2 heavy typhoons in the Philippines and the Tsunami in Indonesia, Sri Lanka and Thailand among others. It is inhumane and heartless for the Malaysian government to add further to the disasters that hound the migrant workers and their families.

Malaysia’s nationwide heavy handed dragnet of over 400,000 volunteers authorized and paid to arrest undocumented migrants is a man-made “tsunami disaster?and is likely to bring another horror of human rights violations against the undocumented migrants in Malaysia, including the punitive actions against them under the 2002 Amended Immigration Act, specifically the mandatory slave-like punishment of caning.

We therefore urge the Malaysian government to uphold and protect the rights of the undocumented migrant workers and their family members:

1. Cease the implementation of the impending oppressive crackdown;
2. Implement the 1999 Bangkok Declaration on Irregular Migration, specifically 12, 13, and 14 and other international conventions on the protection of migrants?rights;
3. Abolish the mandatory caning under the 2002 Amended Immigration Act;
4. Legalize the status of the undocumented migrants who wish to continue working in Malaysia and ensure decent wages, work and living conditions;
5. Allow the undocumented migrants to pursue their cases with the concerned labour offices and courts until resolution of their grievances are attained;
6. And treat humanely and facilitate the safe return of undocumented migrants who wish to go home.

Equally, we strongly urge the Governments of the sending countries and their Consular/Embassy representatives in Malaysia to exercise your state and moral obligation to your nationals:

1. Protect and uphold the human rights of the undocumented migrants and their family members by exerting diplomatic representation to the Malaysian government to stop the impending crackdown;
2. Monitor any inhumane treatment and immediately intervene in an y incidents found;
3. Join us in our call to the Malaysian government to legalize the undocumented migrants and to take out the punitive clause of caning from its 2002 Amended Immigration Act;
4. Unconditionally deliver legal and welfare assistance and other needs of your nationals;
5. Swiftly process and waive any consular fees in issuing their travel documents to facilitate the exit of those who wish to return home;
6. And most of all, resolutely address the root causes of force and irregular migration by providing secured and long-term employment, decent wages and adequate social services to the returning migrants and to your peoples in the homeland.
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