Bringing them home

Published October 3, 2024
The writer is chairperson of the National Commission for Human Rights.
The writer is chairperson of the National Commission for Human Rights.

MALAYSIAN Prime Minister Anwar Ibrahim’s visit to Pakistan is a crucial opportunity to address an important humanitarian and diplomatic issue — the signing of a long-awaited prisoner transfer agreement. A PTA would allow our nationals imprisoned in Malaysia to serve the remainder of their sentences in Pakistan, close to their families and communities. This is a matter of protecting the fundamental rights and dignity of our citizens, many of whom are vulnerable and facing harsh conditions abroad.

Pakistani prisoners in Malaysia have skyrocketed to 463 as of September 2024, a staggering 55 per cent surge in just seven months from February’s count of 299. More disturbingly, it marks a massive 142pc increase since September 2022. These numbers don’t just represent statistics; they reflect disrupted lives and separated families, underscoring an urgent need for action and diplomatic intervention.

These Pakistanis face a range of charges, from immigration violations and petty offences to more serious crimes, often under harsh laws like the Dangerous Drugs Act. Many face harsh penalties due to inadequate legal representation, language barriers, and limited consular support. Pakistan must act by securing a PTA with Malaysia, following the example set by neighbouring countries such as Iran.

A growing prisoner count highlights the need for systemic solutions. With international labour migration key to Pakistan’s economy, protecting citizens abroad is vital. Over 85,000 Pakistanis in Malaysia contributed $71 million in remittances in 2024 alone. However, these migrant workers often find themselves at a disadvantage as foreign nationals in Malaysia’s strict immigration system, leading to prolonged detentions and harsh sentences.

Pakistani prisoners in Malaysia have seen a staggering 55pc surge.

A PTA would allow our nationals to serve their sentences in a familiar environment where they can access support networks, family visits, and culturally sensitive legal assistance. Without a PTA, these individuals remain isolated, facing legal challenges and the emotional toll of separation from their families.

In recent years, Pakistan and Malaysia have strengthened commercial ties through increased trade and migration. As this relationship continues to grow, it is imperative that both nations ensure adequate protections for their citizens. The high rate of Pakistani migration to Malaysia means that more Pakistanis will inevitably face legal issues abroad. The absence of a PTA would mean continued detentions under foreign systems.

Prime Minister Anwar Ibrahim’s empathy for human rights is well-known, making this visit a timely opportunity to bring the issue to the forefront of diplomatic talks. His recent leadership in signing a PTA with Iran in 2024 serves as an example that Pakistan can follow. Malaysia’s consistent engagement with Iran and other countries demonstrates a growing international recognition of the importance of these agreements. Since 2020, Malaysia has signed PTAs with Ukraine, Brunei, and Iran facilitating not only the transfer of prisoners but also strengthening diplomatic and consular relations. With Pakistan’s rapidly increasing population in Malaysia, it must aim to be the next country to formalise such an agreement.

In light of this pressing issue, the National Commission for Human Rights of Pakistan is taking proactive steps to address the situation. We are collaborating closely with SUHAKAM, Malaysia’s National Human Rights Institution, to gather comprehensive data on Pakistani prisoners in Malaysia. This partnership allows access to crucial information that might otherwise be difficult to obtain. We are also working in tandem with the Pakistan igh Commission in Malaysia, which has been instrumental in sharing data and providing support for our efforts.

NCHR and SUHAKAM’s collaboration facilitates better understanding of the situation and strengthens diplomatic ties between our two nations. By working together, we can ensure that Pakistani prisoners’ rights are protected, and their cases are handled with care and consideration.

Prime Minister Anwar Ibrahim’s state visit presents a unique opportunity to address this critical issue. His human rights commitment makes him an ideal partner for Pakistan. The NCHR-SUHAKAM collaboration sets a strong foundation for PTA discussions, showing both countries’ commitment to this humanitarian concern.

It is time for Pakistan and Malaysia to sign a PTA. This is a diplomatic necessity and moral obligation. NCHR is ready to support the Pakistani government, using our collaboration with SUHAKAM and the Pakistan High Commission to uphold Pakistani nationals’ rights abroad.

The writer is chairperson of the National Commission for Human Rights.

Published in Dawn, October 3rd, 2024

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