A rights group today charged that the government is seeking to divert attention on the alleged rape of a minor by police officers, by insisting on an apology from the Philippines government for the mix-up over her nationality.

Labour rights organisation Tenaganita said it is irrelevant whether the girl is a Malaysian or a Filipina as the issue is over the alleged rape of a 13-year-old child while in custody of Sabah authorities.

"The fact that the girl was able to identify the seven men who had (allegedly) raped her should suffice for the government to act. It is therefore the responsibility of the government to take action against the perpetrators of the (alleged) sexual assault," said Tenaganita director Dr Irene Fernandez in a press statement.

Prime Minister Dr Mahathir Mohamad (photo)and Foreign Minister Syed Hamid Albar had called on the Philippines to apologise for making terse remarks to the press concerning the alleged rape of the minor, initially thought to be Filipina but now confirmed a Malaysian, without first allowing for investigations into the claims.

Mahathir, who received a strongly worded letter from Arroyo last month demanding action against the alleged perpetrators, said yesterday that Manila should have been more "sensitive" and "cautious" in making statements that could affect bilateral relations.

Apology to girl

Fernandez said Arroyo should instead be congratulated for issuing a statement and concern over the issue and allegations of other abuses said to have taken place in immigration detention camps.

"In the first instance, it was the Malaysian authorities who made the unforgivable mistake of deporting the innocent girl," she said.

"Does this not reflect the sad state of affairs in Sabah where we are not sure who is a Malaysian and who is not? Will the prime minister and foreign minister apologise to the girl for the humiliation and trauma that she has undergone?"

Fernandez said because of the publicity the case has received, the action and investigations by the police should be even more transparent and accountable since public servants and people in authority are involved.

In addition, Fernandez expressed concern over the purported plan of the Malaysian government to bring the minor back to facilitate investigations.

"Tenaganita is concerned that upon return, the girl will be place under the protection of the state in an environment which would not be conducive for her," she said.

"There have been cases where the victim has been forced to withdraw her allegations and then the file is close."

Fernandez suggested instead that the girl be placed in an independent safe house managed by a women's group to ensure that she gets proper counselling and medical support.

Mistaken identity

Meanwhile, Zainah Anwar of the Human Rights Commission of Malaysia said the government's priority should also be in investigating how a citizen could have been deported to another country.

"Other Malaysian citizens without papers may also have been rounded up. The authorities should be more vigilant in verifying the citizenship (of the deportees)," said the commissioner when contacted.

Zainah said the Welfare Department should step in when the girl is returned to Malaysia to ensure that her interests and welfare are protected.

Another Suhakam commissioner, Prof Mohd Hamdan Adnan said several other Malaysians had suffered a similar fate as the 13-year-old in being mistakenly deported by authorities.

"This has happened to two or three other persons who had no documentation. We urge the authorities to be more careful before making the assumption that they are foreigners," he said.

When asked if these persons had been returned to Malaysia, Hamdan said they are still in the process of obtaining clarification from the Registration Department.

Locals detained

According to a report in Sabah newspaper Daily Express , Sabah Immigration Department director Abdullah Sani Sulaiman explained that the confusion was largely caused by changing claims by persons without documentation.

Abdullah also said all suspected illegal immigrants are required to undergo an interview with Malaysian authorities and another with the foreign counterpart before any deportation decision is made.

He said the illegal immigrants can only be deported if they are issued with a travel permit by the foreign government.

Abdullah was also quoted as saying that at least 75 percent of the people detained during the Ops Nyah II Bersepadu were locals without documents. These persons are allowed to contact family members to produce documents to support their claims.

Arroyo to monitor developments

Representatives from the Philippines Embassy in Kuala Lumpur were unavailable for comment.

However, Philippine press reports quoted several key government leaders as saying that Manila would not be apologising for highlighting the 13-year-old's predicament since the furore was over the alleged rape of a minor and alleged ill-treatment of Filipinos in Malaysian detention camps.

A Philippine senator was quoted as saying that Malaysia had focused on the case of the 13-year-old to divert attention from other complaints of mistreatment of detained Filipinos.

Arroyo was also reported as saying that her administration would still be monitoring the case for "humanitarian reasons" and to ensure the perpetrators of the alleged rape face prosecution.

No mention was made as to whether the Philippines will be returning the girl to Malaysia.