The federal and Sabah state governments should be held responsible for the deaths of detainees at Sabah immigration holding centres because they failed to anticipate problems that would arise from mass deportation exercises, said labour rights organisation Tenaganita director Irene Fernandez today.

She said the Home Affairs Ministry should have been aware of the consequences of mass raids and deportation of migrant workers.

"In 1995, we exposed the conditions in the camps and the deaths that have occurred. A similar state of affairs emerged in 1998, during Ops Nyah II, following the 1997 economic crisis.

"The government should be well aware of the consequences, from past experiences alone. Why do they do this again?"said Fernandez during a press conference at Tenaganita's office in Kuala Lumpur.

Sexually assaulted

Malaysia's policy to reduce the number of illegal immigrants came under strong criticism from Philippines after reports emerged that the deaths of several children of returning migrant workers were allegedly related to poor conditions in Sabah detention camps.

A verbal salvo between Malaysia and Indonesia also erupted over the new harsh immigration laws which included whipping of illegal immigrants.

AFP reported yesterday that Philippine President Gloria Arroyo sent a letter to Prime Minister Dr Mahathir Mohamad expressing concern over reports alleging that female detainees, including a 13-year-old, were sexually assaulted by security officials in Sabah camps.

Fernandez said the Malaysian government should immediately initiate investigations into the claims as "continuous denial by the authorities over such acts of violence and abuse" will only make Malaysia appear "inhuman and racist with no respect for fundamental rights of women, children and people".

This afternoon, AFP reported that Sabah police have launched an investigation into the allegations.

Corruption problem

Meanwhile, Fernandez said the root of all the problems could be traced back to corruption at every level from recruitment, to employment and enforcement of illegal workers.

"Everyday, we hear stories from migrant workers that money is demanded of them by enforcement officials. The consequences of corruption on this vulnerable group is now realised in deaths, rape, sexual violence and sale of babies," she added.

The labour rights activist said the Malaysian government should now bear the responsibility since it made a unilateral decision to evict migrant workers.

"Migration has a regional dimension where resolutions to problems from this process must be dealt in partnership with sending countries. However, hardly any effort was made to create dialogue (with neighbouring governments).

Fernandez said the federal government should also recognise the unique situation of undocumented persons living in Sabah in contrast to those in other parts of the country.

"More than 50,000 people were brought to Sabah in the 1970s and 1980s. It was the time when Sabah welcomed Muslim Filipinos during an armed conflict between the Philippine government and southern separatist group, the Moro National Liberation Front.

"Many of them were issued with identity cards. Many voted in elections. The politicians who came into power knew very well that these people were 'phantom voters'," she said.

Fernandez said now that these voters were no longer needed to win elections, they are seen as a problem and forced out of the country. "Is this not a blatant abuse of power?," she questioned.

Asean collaboration

As an immediate step towards rectifying the situation, Fernandez urged the Malaysian government to provide sufficient food, water and health care facilities to the detainees and migrants at detention camps.

"The government must open more centres to reduce overcrowding and organise a systematic and rights-based approach to deportation," she said.

In the longer term, Fernandez said Malaysia should stop sending back migrant workers until effective agreements on orderly deportation are signed with all countries involved.

"A regional dialogue, in the spirit of Asean collaboration has to be initiated to develop a regional framework of understanding. This initiative should bring about multilateral agreements and a regional mechanism for the recruitment, employment and re-integration of migrant workers," she said.