Minister Saifuddin Nasution of Home Affairs donned full military attire as he addressed the media on February 16, 2024, signaling Malaysia’s intensified efforts in combating illegal immigration. The minister disclosed ongoing police operations following the escape of over 130 Southeast Asian refugees from a detention center in late February. Among the escapees, 101 individuals were subsequently apprehended, while tragically, two lost their lives in road accidents during the pursuit. Minister Nasution emphasized that although the search had been temporarily halted, authorities remained vigilant, prepared to detain the remaining escapees upon their emergence from the forest due to impending starvation. He assured the public of an impending investigation to identify those responsible for orchestrating the breakout.
Regrettably, such instances of violence against documented and undocumented migrants have become all too familiar in Malaysia, where terms like “capture” and “hunt” are casually employed by officials and the media. Despite recent revelations by the minister acknowledging that 80 percent of detainees possess proper documentation, raids targeting foreigners have become commonplace. This normalization of violence against migrants starkly contrasts with Malaysia’s condemnation of human rights abuses on the international stage, particularly concerning the plight of the Rohingya in Myanmar.
According to a March 2024 report by Human Rights Watch, Malaysia’s immigration enforcement regime is among the world’s most punitive and arbitrary systems. Compounded by the nation’s non-ratification of the 1951 UN Refugee Convention and its 1967 Protocol, the absence of a clear legal framework poses significant challenges in distinguishing between refugees, asylum seekers, and illegal migrants. As a result, undocumented migrants endure precarious conditions, living in constant fear of arrest and abuse. Despite strained relations between the Ministry of Home Affairs and UN agencies like the UN Refugee Agency (UNHCR) and UNICEF, effective progress remains elusive on the ground. Unofficial estimates suggest a significant population of undocumented migrants, including a substantial Rohingya community, living without legal status.
Malaysia’s historical treatment of migrants, particularly refugees, has been marred by systemic racism and institutional violence. The acquisition of legal documentation is exceedingly difficult, leaving migrants vulnerable to exploitation by criminal syndicates. Refugees face a legal limbo, deprived of essential rights such as education, employment, and freedom of movement. Malaysia’s failure to facilitate the relocation of asylum seekers to third countries further exacerbates their plight, exacerbating the dire circumstances faced by refugees and low-wage workers.
Embedded within Malaysia’s political landscape is an ethnonationalist ideology that distinguishes Malays as indigenous to the land, while other communities are labeled as migrants, including longstanding Chinese and Indian populations. This perspective fuels anxieties over demographic shifts and the preservation of Malay identity, driving conservative immigration policies. Historical controversies, such as the granting of citizenship to illegal migrants in Sabah, have deepened these fears, prompting successive governments to tighten border controls and restrict access to documentation or citizenship. Ethnonationalist and xenophobic rhetoric serve as potent political tools for pro-Malay parties, perpetuating divisions and heightening tensions within Malaysian society.
In navigating these complex dynamics, Malaysia grapples with balancing national security concerns with the protection of human rights, particularly those of vulnerable migrant populations.