The Bar Council today called on the Human Rights Commission of Malaysia (Suhakam) to break its silence over the recent mass arrest of asylum seekers, including women and children, in Kuala Lumpur.

"Suhakam being the statutory watchdog of human rights observance in this country cannot remain silent, said its chairperson Kuthubul Zaman Bukhari in a statement.

"It must take the lead in urging the government to comply with human rights standards, whenever full observance is lacking, such as in this instance," he added.

On Tuesday, the police detained about 250 asylum seekers, mostly Acehnese, outside the United Nations Human Rights Commissioner for Refugees (UNCHR) office.

Those detained, including several Burmese nationals, are currently being held at the Langkap detention camp in Perak.

Running foul

Khutubul said if the Acehnese - who are fleeing a war in their homeland - are subjected to the Malaysian immigration law, it would run foul of the international customary law regarding refugees.

"Malaysia's simplistic approach in equating asylum seekers with illegal migrants ignores the humanitarian crux of the global problem of refugees," he added.

Malaysia has not ratified the 1951 UN Convention on Refugees. The immigration law stipulates that foreigners without valid documents are to be classified as 'illegal immigrants' regardless of whether they are seeking asylum.

If convicted, they are liable to a jail term, whipping and deportation.

Since the Indonesian government ordered an all-out offensive on May 19 against separatist elements in Aceh, thousands of civilians are suspected to have fled to Malaysia to escape the violence.

Khutubul said Malaysia should be aware of its obligations under international law and as such should not prevent asylum seekers from seeking refuge from UNHCR nor deny them humanitarian treatment.

No whipping

He also said that whipping them would only add insult to injury rather than serve as a deterrent.

In view of this, he called on Deputy Prime Minister Abdullah Ahmad Badawi to exempt asylum seekers from such treatment on humanitarian grounds.

He also stressed that asylum seekers should not be deported to their homeland, where their lives are threatened.

The Bar Council chairperson also asked that full respect be accorded to all refugee status granted by UNHCR

On the children arrested, he said it should not contravene the Convention on the Rights of the Child.

In a report today, the deputy prime minister said the government may grant the Acehnese refugess who were arrested a temporary stay.

"We are considering the possibility of giving them temporary stay but this is still uncertain. It needs serious consideration," he added.