COMMENT On
page 267 of the royal commission of inquiry (RCI) report, it is stated
that “Indeed, as far back as 1999, it was already reported in local
newspapers in Sabah that it was a lucrative business being involved in
fake ICs or genuine ICs illegally issued. There was much money to be
made by syndicates or individuals or corrupt officials because a false
IC could fetch between RM400 and RM500, and a Malaysian passport could
cost up to RM50,000.”
Some people have claimed that a lot of activities associated with the
illegal immigrants in Sabah represent an industry, and present
opportunities and temptation for corruption. Corruption is a big problem
in this country. It is also very costly.
I also hear of illegal immigrants becoming victims of enforcement
personnel. They become part of the problem rather than the solution.
Their vulnerability is often taken advantage of. I have heard stories
that very often, enforcement personnel, usually towards the end of the
month, demand to inspect the purses of illegal immigrants and take away
some or all their monies.
Let me briefly make some comments on the RCI and its report. The RCI is
the latest attempt by the federal government to show the public that it
is doing something to resolve what is perceived to be a
government-created problem for Sabah. Perception, being what it is,
could be real or imagined.

But
in the Sabah case, there are many signs of smoking guns. The problems
associated with the illegal immigrants are often described as the mother
of all problems.
The unusually large population of foreigners, both legal and illegal,
has permanently changed the economic, social, cultural, political and
demographic landscape of the state. Many of them were initially illegal
but became legal, rightly or wrongly.
By my reckoning, there are in Sabah more foreigners than locals, who
feel fearful and threatened. I have some indicators for this but time
does not permit me to elaborate. This is not surprising because this
issue has been in the making for more than 30 years.
There appears to be lack of political will on the part of the government
to resolve the problem once and for all. More and more Sabahans are
convinced that this is a deliberate move or agenda for Sabah by the
federal government.
Double standard?
During the late 60s and early 70s, plenty of Vietnamese refugees landed
in the peninsula. They were confined to Pulau Bidong, off the coast of
Terengganu. Within two years, they were all deported to other countries.
The government was very pro-active.
At about the same time, illegal immigrants from the southern Philippines
and Indonesia also started to come to Sabah. Unlike the Vietnamese,
they are still in Sabah today. There appears to be double standard in
the treatment between the non-Muslim Vietnamese and the mostly Muslim
Filipinos and Indonesians.
Malaysia is neither a state party to the UN Convention Relating to the
Status of Refugees 1951, nor the 1967 Protocol. This being the case, all
refugees are treated as illegal immigrants.
All the moves, actions and pronouncements by government leaders have so
far not produced the desired results. At one time the government
declared an amnesty. It was extended several times so much so that the
illegal immigrants did not take it seriously. No review was carried out
to assess its effectiveness.

From
time to time, you hear of some illegals being arrested and placed in
the temporary detention centres. They have now become temporary on a
permanent basis. Occasionally you hear of raids and deportations but the
number of illegal immigrants appears to increase rather than decrease.
There is no basis to blame the illegal immigrants for being in Sabah. As
human beings, they are looking for a better life and opportunities.
They have human rights, no more and no less than any Malaysian. Their
human rights must be respected. Human rights have no borders.
The question many genuine Sabahans ask is - why are or were they allowed
to enter the state illegally and move around with impunity? It is
believed that hundreds of thousands of them have been granted
citizenship as well as the right to vote, in return for their support
for the Umno-dominated BN government.
Former chief minister Yong Teck Lee had to vacate his Likas state
assembly seat because he won it in 1999 with the help of phantom voters.
Justice Muhammad Kamil Awang said that the 1998 electoral roll for the
constituency was illegal, and the election held in March 1999 was null
and void. The judge, among others, stated that the evidence adduced
represented the tip of an iceberg.
The logical and correct move by the government would have been to
rectify the tainted electoral roll. Instead, the Election Act was
amended whereby once the electoral roll was gazetted, it cannot be
challenged in any court of law. This is bad law and inconsistent with
democratic principles.
Why should a responsible government be unwilling to clean a tainted electoral roll if it has no sinister motive?
Flawed RCI report
As the 13th general election was approaching, the government finally
announced the establishment of the RCI on Feb 8, 2012, but without the
terms of reference. I found this rather odd. It was like putting the
horse before the cart.
The terms of reference were announced much later. The eight terms of
reference were all investigative and not corrective in nature. The RCI
was not assigned the task of identifying the real people responsible for
the problem and the action to be taken against them.
Initially, the RCI was given six months to come up with the report. It
had been the hope of many Sabahans that the report could be known before
the general election. In the event, it was extended for another six
months.
The general election took place on May 5, 2013.
The report was submitted to the Agong on May 14 this year. It was
finally released in Kota Kinabalu on Dec 3 by the chief secretary to the
government. As a civil servant, it was surprising for him to conclude
that there is no political motive involved, despite all indications to
the contrary. Even the RCI was silent on it. The chief secretary did not
back his contention with hard evidence. One gets the impression that he
was playing politics.
The public expected the report to be tabled and debated in Parliament.
Despite the reservations shown by many towards the RCI, the evidence
adduced from the witnesses had endorsed what many Sabahans have
suspected all along but denied by government leaders. What was disclosed
by witnesses was not surprising. What is surprising is that the
government appeared to be uncaring and insensitive to the welfare and
interests of Malaysians in Sabah by placing the interests of foreigners
over theirs.
In short, the RCI has cleared the real culprits - the government and
political parties - of any wrongdoing. Instead, the RCI pointed the
finger at civil servants. This is very surprising. The main function and
responsibilities of civil servants is to translate government decisions
and policies into action. They operate under the principle of ‘I am
your obedient servant’.
Even if they are doing wrong, either deliberately or inadvertently,
surely they cannot escape from government notice and attention for over
30 years.
Experience and events also indicate that the government was aware of
what was happening. For example, the decision to establish the federal
task force was made by the PM himself. I was present when the decision
was made. I welcomed the move but I was disappointed that it took about
one year just to create the post of the head of the task force. Yet the
task force was supposed to resolve the issue once and for all.
That is why I am convinced that the federal government is not serious in
solving the problem. There is so much disconnect between declared
intention and actual action. It has been said ‘a man of words and not of
deeds is like a garden full of weeds’.
I believe the task force is still in existence but so is the problem, only bigger and more complex.
In so far as the ‘Projek IC’ is concerned, the RCI concluded that it
“probably existed” despite the availability of hard evidence to suggest
that it definitely existed. The question of probability should not
arise. The existence of ‘Projek IC’ is an open secret to the ordinary
Sabahans.
Report not signed
Right-minded Sabahans who were looking for relief and justice would be
shocked and disgusted with the report. It is a very disappointing
report, to say the least.

It
looks odd that in the report the term ‘royal commission of inquiry’
appears, yet on the cover it is being referred to as report of the
'commission of enquiry'. The chairperson and the commissioners also did
not sign the report. Other reports which I have seen are much more
dignified.
The RCI agreed with the proposal by the National Registration Department
(NRD) workshop to establish a permanent secretariat supported by a
management committee on foreigners. It is surprisingly a very short
recommendation and not even original.
Only time will tell whether or not this is the last of illegal problems
in Sabah following the release of the RCI report and the implementation
of its recommendations. In government circle, it is not unusual that
when no one is brave enough to take tough decision involving strong
political will, a committee would be formed.
That committee, in turn, forms sub-committees. Responsibility is
diluted. More often than not, it is taken over by the passage of time.
I am reminded of the story of four people: Everybody, Somebody, Anybody and Nobody.
There was an important job to be done and Everybody was asked to do it.
Everybody was sure Somebody would do it. Anybody could have done it, but
Nobody did it. Somebody got angry about that because it was Everybody's
job. It ended that Everybody blamed Somebody when actually Nobody asked
Anybody.
Finally, you may then ask - what should be done? The illegal immigration
issue is a national problem. They should be equally distributed among
all the 13 states. It is not fair that Sabah alone shoulder the burden.
Some suggestions
-
Illegal entry into Sabah should immediately stop.
-
Sabah identification cards should be issued to all genuine Sabahans. Only Sabahans with Sabah ICs should be allowed to vote.
-
Names on the electoral rolls without the Sabah ICs should be taken out from the electoral rolls.
Foreigners who obtained ICs illegally should be deported but allowed to
return with proper travel documentation if their services are needed.
I realise this will be a massive exercise but it is necessary. A massive
problem requires a massive solution. It is the government which made
its bed, it must be prepared to lie on it. This is responsibility and
accountability.
If the federal government was pro-active right from the beginning by not
allowing illegal entry into Sabah, we would not be saddled with this
problem today. But it was allowed to happen and continue for more than
30 years. I will not be surprised if many of the illegal immigrants have
moved to other parts of the country in search for better opportunities.
Sabah is their entry point into Malaysia and to the rest of the world, courtesy of the federal government.
SIMON SIPAUN is former state secretary of Sabah and former Suhakam
commissioner. The above speech was given at the Bersih/Pacos forum on
the RCI report in Kota Kinabalu on Dec 13.