CHAPTER 1
to death, either during the sea journey or at the camp in Wang Kelian,
due to the severity of torture or starvation. They were released from
captivity after their relatives had paid their ransoms, which amounted
to around RM4,000–RM15,000 per head to the traffickers. Some of them
also claimed that they had been transported from the point of arrival to
the Wang Kelian death camp by a taxi car driven by an Indian man. The
Commission expects to interview more witnesses in coming months with
the assistance of the refugee community in Malaysia and an international
NGO. The Commission’s request to the Police for copies of the forensic
reports of the bodies found at the mass graves had been denied, as the
Police are of the opinion that the Commission is restricted under Section
12(2) of the Human Rights Commission of Malaysia Act 1999 (Act 597) from
conducting the investigative research. The Commission takes cognisant of
the Government’s efforts to bring the suspected perpetrators of the Wang
Kelian death camp incident to justice, which include the charging of four
traffickers and the request made to the Thai Government to extradite 11
suspects to face charges in Malaysia. The investigative research on the
incident is intended to provide recommendations to the Government to
address such trafficking from a human rights-based approach.
In the Government feedback to the Commission’s Annual Report 2015, it
was mentioned that out of 1,107 migrants who had arrived by boat last
year, 718 were Bangladeshis and they were subsequently deported back
to Bangladesh. Meanwhile, 389 were identified as ethnic Rohingya, of
which 36 had been accepted for resettlement in the United States. As a
follow-up to that, the Commission has written to MOHA to enquire on the
status of the remaining Rohingya. At the time of writing, the Commission
has yet to receive the information.
(c)
The Rights of Indigenous Peoples
Article 8(2)(b) of the UNDRIP obligates the state to prevent any action
which has the aim or effect of dispossessing indigenous people of their
lands, territories or resources. During the year, the Commission received 80
complaints from Orang Asli. The increased number of complaints by Orang
Asli could possibly be prompted by the community’s impatience with the
delay in the implementation of the Commission’s recommendations made
through the NI report in 2013. The complaints were mainly on the following
issues:
i)
The encroachment on Orang Asli native customary land for the
purpose of logging, mining, and farming without respecting the
principle of FPIC;
ii)
The alleged pollution of rivers and rapid deforestation as the result of
rampant logging activities;
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