OPPOSE THE AMENDMENTS TO THE DESTITUTE PERSONS ACT 1977 Dear Friends, As you can see, our politicians who have no clue nor empathy towards people who are marginalised and destitute for whatever reasons, have decided to punish these people as well as others who help them. Ask yourself whether this is right. The people living in the streets are subjected to the Destitute Persons Act 1977 (“DPA 1977”). The provisions in the DPA 1977 are criminal in nature. Officers from the Welfare Department (Jabatan Kebajikan Masyarakat; “JKM”) assisted by officers from local council, Agensi Anti Dadah Kebangsaan (“AADK”), Alam Flora, Immigration Department, National Registration Department, police have absolute power to round-up (arrest) persons who are homeless, produce them before the Magistrate, “remand” them in welfare homes (which functions as detention centre), and finally detain them for a period up to 3 years. Nowhere in the DPA 1977 provides for any safeguard of the fundamental rights of persons experiencing homelessness and destitution, These include the right to be represented by a solicitor of choice, right to a fair hearing, right to livelihood, and most of all the right to be treated equally under the law. It violates Articles 8 (equality), 9 (prohibition of banishment and freedom of movement), 13 (rights to property) 5 (liberty of the person) of the Federal Constitution, just to name a few. Under the instruction and order from the JKM, large scale operations such as Operasi Gelandangan is conducted to “remove ‘beggars’ from the public view”, thanks to the almost 140 years of colonial practices of beautifying the city scape and sweep and hide symptoms of social, economic and security problems under the carpet. Prior to DPA 1977, the Act was known as Vagrants Act 1965. The so-called welfare based DPA 1977 was cosmetically re-named the “Destitute” Persons Act 1977! Police have started raiding on a daily basis now. Over the last weekend, over 30 persons were arrested and detained. Some are bailed out some are still detained at Dang Wangi lock-up. The longest remand granted by the Magistrate was a 14-day Order. The Minister of Women, Family and Community Development has in recent weeks revealed plans to table amendments to the DPA 1977, among others, to criminalise the act of begging or anyone appears to be begging (punishable with imprisonment), an act she attributed to the people experiencing homelessness and destitution as a mean for livelihood. What she has failed to consider are syndicates who capitalise from the public by using persons who are homeless to “beg”. The former must be punished not the latter! She has also made several statements to the effect of blaming the increasing number of people living in the streets to the “over-generousity” of the public. She added that because of the public, persons who are homeless have become bolder and continue their way of life. You may recall the kidnap and murder of 2-year old girl, Siti Soffea Emelda Abdullah, living with her mother under a bridge near Syed Putra. She was kidnapped from Kotaraya and was later brought to the banks of Klang River at Jalan Hishammuddin before being decapitated. The government has since called for children who are homeless to be sent to welfare homes, separating them from their parents. The rights of persons experiencing homelessness and destitution cut across issues close to our daily struggle in our respective organisations. Women, children, senior citizens, refugees, asylum seekers, migrants, LGBT communities, mental illness sufferers, HIV sufferers etc are the nations sleeping in the parks, under the bridges, in the corridors every single day and night. They are neither “cared” nor “rehabilitated” as what the DPA 1977 portrayed itself to be to the public and media. WE, THE RAKYAT in my humble opinion, should be concerned and take actions. The amendments to the DPA 1977 may be tabled anytime in this sitting and it is crucial for us to stop it. Please make as much noise as you can. Spread this if you want. Thank you. thestar.my/News/Nation/2014/07/03/Soup-kitchens-banned-around-KL-city-centre/
Posted on: Thu, 03 Jul 2014 08:36:56 +0000
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