SUHAKAM Urges Malaysia to Drop Charges Against Rohingya Survivors of Langkawi Shipwreck

Photo: Reuters

Arakan Now | 21 November 2025

The Human Rights Commission of Malaysia (SUHAKAM) has expressed shock and dismay over reports that 11 of the 14 survivors of last week’s deadly shipwreck off Langkawi are expected to be charged under Section 6(1)(c) of the Immigration Act 1959/63 for entering the country without valid documents.

In a strongly worded statement, SUHAKAM said the survivors — believed to be largely Rohingya — should not be treated as criminals but recognised as stateless people fleeing decades of persecution. The commission stressed that their lack of documentation is a direct consequence of structural discrimination, not criminal intent.

The Rohingya, rendered stateless in their place of origin through systematic exclusion and denial of nationality, have long been deprived of basic rights and legal protections. For many, taking to sea in dangerous and overcrowded boats is a last resort for survival. SUHAKAM warned that prosecuting them ignores the broader human rights violations that force such perilous journeys.

"These individuals risked their lives seeking safety and dignity," the commission said, urging authorities to treat them as vulnerable persons in need of protection. SUHAKAM argued that a humane, rights-based response would reinforce Malaysia’s long-standing tradition of compassion and help ensure the public does not conflate forced displacement with criminal conduct.

The commission also called for stronger action against human trafficking syndicates that prey on stateless and displaced communities. It urged law enforcement agencies to intensify investigations, dismantle trafficking networks, and assess the survivors for indicators of trafficking under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (ATIPSOM). Potential victims, it said, must be granted protection—not punishment.

SUHAKAM appealed to the Attorney-General’s Chambers to exercise prosecutorial discretion, citing humanitarian grounds and Malaysia’s moral and legal obligations. Dropping the charges, it said, would affirm the country’s commitment to fairness, proportionality, and respect for human dignity.

The commission concluded by calling for the immediate withdrawal of the charges and the provision of humanitarian assistance, protection, and due process for the survivors. Malaysia, it stressed, must remain resolute in combating trafficking networks without penalising the very people who are most in need of protection.