Rela and accountability (or lack thereof)

I refer to the article "Rela chief: We want more power" (4 June 2007) published in Malaysiakini and an interview titled “Ever Rela to help” (Sunday Star, 10 June). These interviews with Rela’s Director General (DG) Datuk Zaidon Asmuni went a long way towards explaining the mindset behind the many recent actions and dealings of this organization.

My read from these articles is that Datuk Zaidon is overly influenced by his past employment as the Pahang Immigration Department director which has severely coloured his judgement and interpretation of the mandate entrusted to Rela (People’s Voluntary Corp). It appears that the DG has treated the amendment to the 1972 Regulations as a blank check for Rela as far as illegal immigrants are concerned.

Rela is neither a professional law enforcement organisation nor is it the Immigration Department or the Police Force. However, this almost half a million strong volunteer force has now received and utilised powers which are, in many instances, equal to and beyond those given to our normal law enforcement bodies. The rationale that it is cost effective to utilise a large volunteer force to conduct the business of law enforcement is not good enough to justify the empowering of this organisation without the necessary checks and balances. It places good and useful citizens in the unfair and impossible position of enforcing the law without knowing the law. A 10 day course is inadequate training when Rela’s powers and responsibilities are similar to those of professional law enforcement entities.

The wearing of uniforms is a case in point. The DG stated the similarities between the police and Rela in the conduct of operations, particularly those which are covert/ plainclothes. He did this to justify the absence of uniforms worn by Rela personnel during raids. However, as they are not professional law enforcement officers, it becomes absolutely necessary to wear the Rela uniform at all times. It does not make sense, as stated by the DG, that wearing the uniform is a “dead giveaway” for a bogus Rela member as in the case of the Batu Maung robbery which involved 10 uniformed individuals. The uniform represents accountability, recognition, transparency and respect. If abuses of power and corruption can occur amongst the police force (uniformed and plainclothes), you can be sure that Rela will not be exempted from this human weakness. We must know who we are dealing with at all times.

For the DG to justify the “walloping” of illegal workers and wave off allegations of violence and mistreatment by Rela members as “in response to something that happened” is irresponsible and dismissive of the actual incidents which are abuses of power by Rela officers. The latter are often armed with chotas (wooden/ bamboo sticks) while the workers are usually unarmed. Injuries of illegal workers cannot all be explained away as escape attempts. Who is in a position of power and who is vulnerable, especially with easily angered Rela members?

Anyone, whether employers or the workers themselves, has a right to challenge or question Rela members, especially if they come around without uniform, refusing to show their identity cards or kad kuasa and unaccompanied by police. If that questioning makes them angry, then I must point out that professional law enforcement involves accountability and responsibility.

The DG also stated that members did not go through background checks. How do you know if someone has a bad record without background check? Due to the new powers given to Rela under the amended 1972 legislation, it should now be necessary to screen people before they are allowed to wear the uniform (or not wear it as the case maybe). With powers akin to the police such as entry without a warrant, powers of arrest, conducting covert or plainclothes operations, there is no excuse not to have background checks on prospective Rela members. The possibility and probability of abuse and mistreatment are higher without a mechanism of check and balance.

Following the issue of background checks, racial profiling seems to be a practice of Rela in law enforcement. According to the DG, a Mat Salleh (Caucasian) is easily determined as a legal tourist while an Indian looking individual could not possibly be. Double standards, prejudices and racial profiling must cease to be acceptable practices.

Human rights abuses are not about Rela officers being naughty. In fact, euphemism of an act signifies the lack of seriousness in which the action is regarded. There have been reported and documented police cases almost every month for 2007 whereupon victims have reported transgressions which range from molestation, abuses of power and corruption to blatant robbery. A 10 day basic training course for Rela members is not good enough and must include human rights and law enforcement basics. Just learning from actual operations is not good enough.

The DG stated that we must choose between security and human rights, and insinuated that we can’t have both. We are not at war and neither is Malaysia a country experiencing internal violence. We do not need to choose between security and human rights. The Malaysian people are assured and feel safef with a security mechanism which is both accountable and respects human rights.

It was a mistake to give Rela arbitrary powers to detain illegal immigrants, leaving open the possibility to widespread abuse by members taking advantage of a vulnerable population (demanding bribes, stealing handphones, rice cookers, TV sets, money). The amendment must be rescinded as it has no mechanism of accountability, disciplinary action and does not accommodate professional training catering to the new set of responsibilities.

Rela cannot and should not be entrusted with more power. Its existing responsibilities have been abused by a growing number of individuals who have suddenly realized how they may profit from it. As long as Rela views itself as not needing to be accountable to anybody, it does not deserve to be treated like a law enforcement body as it does not subject its personnel to disciplinary action in the event of complaints. The Human Rights Commission of Malaysia (SUHAKAM), through its commissioner N. Siva Subramaniam, had in fact noted in May 2007 that many of the Rela officers had not heard of human rights and thought themselves of being above the law.

I believe that the amendments in March 2005 to the 1972 Essential (Ikatan Relawan Rakyat) Regulations making it possible for Rela to detain illegal immigrants were a mistake. It was a response to past and current populist, alarmist and xenophobic beliefs that illegal immigrants are flooding the country and taking away local jobs. Yes, the whole world knows about Rela but for the wrong reasons: abuse of human rights, arbitrary arrests, robbery and mistreatment of detainees. It’s time for this to stop.