KUALA LUMPUR, May 17— Is it illegal for Malaysians to extend aid to Rohingya refugees who are stranded on sea? Not if the vessels carrying them are 12 nautical miles from Malaysian shores, according to a law expert.
Universiti Malaya (UM) law lecturer Associate Professor Dr Azmi Sharom said that if the vessels carrying the refugees are 12 nautical miles from Malaysian shores, it would then be on international waters.
“Not a problem especially if the ships are 12 nautical miles away from our shores,” Azmi told Malay Mail Online, adding that it would only be an offence if the vessels are led back to Malaysia.
“Only if you try to lead the boats to Batu Ferringhi,” he said when contacted yesterday.
Azmi pointed out that international laws advocate aid on humanitarian grounds and that Malaysians should not face prosecution for helping fellow human beings.
“Not that I know of. In fact, international law says you must help,” Azmi said, adding that there are no restrictions for people to send out aid if the boats are on international waters.
“I’d like to see the Barisan Nasional (BN) government shoot their own people doing their job of providing help!” he added, sarcastically.
Over the weekend, 1,158 Rohingyas and Bangladeshis were stranded on Langkawi, Kedah, apparently after human traffickers abandoned ship and left them alone.
Malay Mail Online reported on Tuesday that the Home Ministry classifies them as illegal immigrants and that they will be held at the Belantik detention centre in Kedah over the next one to three months before they are deported back to their home countries.
Several Malaysian groups have begun gathering supplies to help the thousands of refugees adrift at sea, despite Putrajaya’s decision to turn away any seaworthy boat carrying the mostly Rohingya Muslims from Malaysia’s maritime border.
The groups, including prominent social activist Datin Paduka Marina Mahathir, have already mobilised collection of food items and medical supplies, and are now working on securing the necessary clearance from the authorities to deliver the aid.
At least two online petitions started by locals have also been spotted on separate sites, both pleading for humanitarian aid and rescue for the stranded migrants.
But lawyers have cautioned Malaysians on the matter, saying there are potential legal implications which may arise if they insist on aiding the Rohingya refugees.
Civil liberties advocate Eric Paulsen said that such risk is possible given the wide powers of the Immigration Act.
“Yes, technically there is a possibility of prosecution under the Immigration Act, given the wide definition of offences under the law,” he told Malay Mail Online.
However, Paulsen said that it is “unlikely” that Putrajaya would push to penalise those helping the boat people, as public policy would come into play.
“Technically, yes, because the Rohingyas are undocumented immigrants.
“However, it would only be an offence if you harbour them. As far as reaching out to these immigrants as concerned, although by default it will be an offence, one cannot be prosecuted simply because it’s an offence as public policy comes into play...They (Putrajaya) will understand that the people are only trying to save lives,” he added.
“The prosecutors will look like a fool if they went ahead and prosecuted Malaysians who intend to only save lives...they should be given medals,” he said further.
Human rights lawyer N. Surendran also echoed Paulsen’s remarks, adding that there is an inherent duty among all to help save lives and aid those who are in distress.
“Yes, while there can be prosecution, that does not mean the government should go ahead and prosecute blindly.
“Let me give you an example...if there is a shipwreck on our shores, are we going to save their lives first or demand for their passports to prove their nationality? Certainly it would be saving lives, So that should be same application in this case,” he added.
