We applaud Suhakam's recent visits to detention camps around the country, in response to complaints and memoranda concerning the arrest of illegal immigrants reported to be asylum seekers.

In their media statement, they have highlighted the harsh realities faced by men, women and children in detention camps around the country.

Suhakam observed that the seven camps they visited were overcrowded, and that the conditions of detention did not comply with minimum standards as outlined in international instruments.

They also witnessed the deplorable health conditions at certain camps. At Macap Unboo, Melaka, they reported an outbreak of meningitis, an extremely serious disease that can be fatal, or leave individuals with serious disabilities such as brain damage or deafness.

At another, the immigration depot in Lenggeng, Negeri Sembilan, they noted that detainees had skin infections, rashes and pus oozing from their bodies.

However, one of their recommendations causes us great concern, especially as they have specifically noted that many of those detained were seeking asylum in third countries.

They have called for "embassies to come forward and give their full cooperation in order to resolve problems of communicating with foreign nationals and in contacting family members in order to shorten time in transit and to hasten deportation."

In this recommendation, aimed at reducing the numbers of detainees at camps, they do not differentiate between asylum seekers and illegal immigrants.

This is a crucial distinction that can be a matter of life or death for those sent back to their own countries.

Asylum seekers are those who are under fear of persecution from their countries of origin, and who are applying for refugee status through the United Nations High Commissioner for Refugees (UNHCR).

Under international customary law, all nation states are bound by the principle of non-refoulement. This means that they are not to return asylum seekers to their country of origin, where the face possible persecution. Malaysia too, is bound by this principle, even though it is not a signatory to the 1951 Convention on Refugees.

In order for Malaysia to observe the principle of non-refoulement, it is fundamentally important that a distinction be made between asylum seekers and illegal immigrants.

Unsurprisingly, this is a difficult task. Often, illegal immigrants cannot provide proof that they are seeking refugee status. The only documents that demonstrate these are the protection letters issued by the UNHCR, and sometimes these are lost or torn up by others who do not see its value.

This is why it is imperative that officers of the law give these documents due regard.

The difficulty of this distinction is also why the UNHCR is crucial in such matters. They act as expert independent observers who can help the Malaysian government differentiate between illegal immigrants, asylum seekers and refugees. Their task is precisely to draw such distinctions, and to make more permanent arrangements for these people in transit.

While we wholeheartedly support Suhakam's calls for better conditions of detention, we appeal that the difference between asylum seekers and illegal immigrants be recognised. If not, we may find that actions to correct one mistake create a host of more significant wrongs that can never be made right again.

It is our duty to make sure that asylum seekers are not unwittingly refouled, and thus put in risk of persecution, torture or loss of life. We hope that Suhakam will be part of ensuring these human rights.