Abolish Destitute Persons Act 1977 — Coalition of NGOs

JULY 8 — We, a coalition of non-governmental organisations and groups working on issues of homelessness, call upon the Malaysian Government to abolish the Destitute Persons Act 1977.

Recently, the issue of homelessness has received extensive attention from the media and the public. The marginalisation of the homeless is a long-standing issue, involving laws and policies aimed to ‘rescue’ the community. The newly-announced Operation Qaseh is no different from previous operations, such as Operation Gelandangan. During such operations, the Destitute Persons Act is used to arrest and detain the homeless without trial.

The Destitute Persons Act allows the Government to round-up and forcefully detain the homeless in rehabilitation centres. Detainees are denied legal representation, as well as the opportunity to appeal the Magistrate’s Court, thus permitting the Government to detain them for 30 days minimum and a possible following 3 years. The homeless community are denied the right to choose as to whether their institutionalization is necessary. Those who are in need are not always provided follow-up care.

The statements issued by the Federal Territories Minister Tengku Adnan Tengku Mansor and the Minister of Women, Family and Community Datuk Hajah Rohani Abdul Karim, clearly illustrate that lawmakers have failed to understand the problems faced by the homeless community. Additionally, no comprehensive consultation was carried out with the community.

The homeless community have been linked to begging syndicates and are often depicted as being lazy and lacking independence. On the contrary, studies have shown that many of the community are currently in employment.

The coalition firmly holds governmental gaps responsible for the presence of NGOs, groups, individuals and welfare centres providing aid, as a response to the societal poverty. It is the Government that is responsible for a system of support and welfare for the homeless. Many groups provide food to persons experiencing poverty, regardless of whether they are homeless or have a place to stay. They are not responsible for the issues of homelessness and unclean cities.

This resulting misunderstanding is reflected in the policies suggested by the two Ministers, such as operations to arrest the homeless. These policies do not resolve structural issues that are faced by the homeless community. Tengku Adnan’s suggested solution to target both food givers and receivers, through the use of criminal law, does not take into account the socio-economic issues faced by the community: it is wrong, inhumane and arrogant. This “saviour mentality” type solution aiming to “rehabilitate” members of the community, is merely an effort to hide socio-economic failures and problems.

We affirm that the Government must understand the true context faced by the homeless community. Comprehensive consultations between the Government and the homeless community are necessary, to truly understand their needs and wants, and the root causes of the socio-economic failures that has led to their state of homelessness.

Any laws or policies concerning the homeless must not take place without prior discussion and consultation with the community. It is a requirement on the part of the government, that the community be provided opportunity to suggest solutions and to be an equal and influential decision-maker in the decision-making process.

We remind the Government that efforts to resolve issues of homelessness will inevitably require a great amount of time and patience. The Government cannot avoid discussions with the homelessness community should they truly wish to obtain a thorough understanding.

Once again, we wish to remind the government of Malaysia that the task of resolving the issue of homelessness is no easy road. Criminalising the homeless does not eradicate the issue. Punishment is not the answer.

Endorsed by:

Brickfields Stakeholders Association

CFC

Dapur Jalanan

Dignity International

Food Not Bombs Kuala Lumpur

Kaseh4u

KL Urban Fellowship

Institut Rakyat

Lawyers for Liberty

The Nasi Lemak Project

Need to Feed the Need (NFN)

Pax Romana ICMICA

Persatuan Kesedaran Komuniti Selangor (EMPOWER)

Reach Out Malaysia

Region of Love

SALT Movement

Suara Rakyat Malaysia (SUARAM)

UBUNTU Malaysia

Malaysian Indian Education Transformation Association (MIETA)

* This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malay Mail Online.