2021
F
Statelessness & Citizenship Review
3(1)
The Obstructive Impacts of Anti-Immigrant Crackdowns on the Public
Health Effort
During the pandemic, the Government reinforced its punitive approach to noncitizens, building on a long history of exclusionary treatment which has included
arrest, harassment, extortion and detention. Measures such as immigration raids
and crackdowns obstruct public health efforts because they further marginalise
and alienate stateless persons and migrants, and disincentivise them from making
contact with public health institutions.
For example, in May 2020, on the eve of Labour Day during Ramadan, the
Government launched an immigration crackdown in Peninsular Malaysia.
Migrants and undocumented persons were arrested and confined in detention
centres, which became COVID-19 hotspots due to overcrowding, poor sanitation
and noncompliance with health measures during the arrest process. 16 The
Government blamed migrants for the spread of COVID-19 domestically. 17
While such actions and discourses unfolded in Peninsular Malaysia, feelings of
marginalisation were similarly present in Sabah. For example, Dayah, an
undocumented Bajau mother of four living on Gaya Island near Kota Kinabalu,
explained how testing and document checks made her daily commute to work a
risky venture. Gaya Island, known for its large stateless and undocumented
settlements, was the site of a mandatory mass COVID-19 screening in March 2020
due to an outbreak among local residents. 18 She and her family endured distress
and uncertainty, despite assurances that no arrests would be made among migrants
who cooperated with the testing exercise. 19 Similarly, during a routine COVID-19
screening on Omadal Island in the east coast district of Semporna, it was reported
that only 50 out of 1,000 community residents (comprising a mix of citizens and
non-citizens) came forward to undergo free swab tests. 20
This is not to say that stateless and migrant communities did not take the risks
of COVID-19 seriously. Many families that ANAK engaged with were very
concerned about themselves and their loved ones falling ill. However, difficulties
accessing reliable information, as well as fears of arrest and detention, were factors
that contributed to their alienation from health authorities.
16
17
18
19
20
Wahab (n 5) 4.
‘Raids Came Only after Illegals Refused to Be Tested, Says Minister’, Free Malaysia Today
(online,
31
May
2020)
<https://www.freemalaysiatoday.com/category/nation/2020/05/31/raids-came-only-afterillegals-refused-to-be-tested-says-minister/>.
Muguntan Vanar, ‘Covid-19: 1,600 in Pulau Gaya Screened So Far, Three Positive Cases
Detected’,
The
Star
(online,
31
March
2020)
<https://www.thestar.com.my/news/nation/2020/03/31/covid-19-1600-in-pulau-gayascreened-so-far-three-positive-cases-detected>.
‘Medical Charge Exemption for Suspected/Infected Foreign Patients and Contacts for
Suspected/Infected Foreign Patients’ (Pengecualian Caj Perubatan Kepada Pesakit Warga
Asing Yang Disyaki / Dijangkiti Serta Kontak Kepada Pesakit Yang Disyaki Dan Disahkan
Dijangkiti)’ (Communication, Ministry of Health Malaysia Finance Division, 29 January
2020) <http://www.moh.gov.my/index.php/database_stores/store_view_page/31/375>.
Olivia Miwil, ‘More Holistic Approach Needed to Address COVID-19 Among Semporna
Islanders’,
New
Straits
Times
(online,
20
October
2020)
<https://www.nst.com.my/news/nation/2020/10/633740/more-holistic-approach-neededaddress-covid-19-among-semporna-islanders>.
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