The Malaysian and Philippines authorities are jointly responsible for the death four weeks ago of Filipino child deportees Timah Basir, 13, and Nurhani Nurmin, 3, said a migrants advocacy group.

The Hong Kong-based Asia Pacific Mission for Migrants (APMM) said it was "unacceptable" that both governments have not owned up to their own failures but have instead blame the death on other factors, including 'fate'.

The Philippines, said APMM chairperson Esther C Bangcauayan, has not lifted a finger or uttered a word of condemnation on the death, while Malaysia continues with its 'cruel', 'unjust' and 'inhumane' detention and deportation of undocumented migrants,.

Timah and Nurhani, who hailed from Sumisip, Basilan, in south Philippines, had been detained at the Menggatal Immigration Detention Center.

Both died soon after being deported on Sept 29 from Sandakan, Sabah, along with their parents and 525 other undocumented Filipino migrants.

Timah succumbed on Sept 29 while on the ferry MV Danica Joy following a bout of severe malnutrition and hypoglycaemia, while Nurhani died at the Zamboanga City Medical Center on the evening of their arrival on Sept 30.

She had suffered from chronic gastroenteritis, severe malnutrition and severe pneumonia.

Sabah Federal Task Force director Masri Barham said yesterday it was the parents who had consented for the two children to make the one-day journey despite suffering from slightly raised temperatures.

The Task Force had provided adequate shelter, food, and medical attention to the children and other detainees at the center, said Masri.

As soon as the Filipino-owned ferry chartered by the Task Force leaves the port, however, it is no more the Malaysian authorities' responsibility but that of the ship's captain, he said.

Upon reaching Zamboanga, the responsibility for the welfare of the passengers shifts again to the Philippine authorities, he added.

"If the deportees are really sick, we do not let them go. We asked the parents, and they told us they (their children) were okay. We confirmed the children were okay," Masri told malaysiakini.

"After the ferry had left the port, it's outside of our powers and control. They're not our responsibility. Their death is not our fault," he added.

Children still sick

Bangcauayan, however, said Masri's explanation did not do justice to the children's death.

"It is unacceptable for them to say that they provide medical treatment during the detention period. If so, why were the children still sick during the deportation process! And why did they make the children travel when they had not recovered yet!" she said when contacted.

Bangcauyan also said the authorities' nonchalance about the deaths suggests it was set up merely to appease migrant groups and migrant advocacy groups unhappy with the government's neglect of undocumented migrants, especially women and children.

Every year, reports surface of children dying during or soon after their detention due to malnutrition and the deplorable health and sanitary conditions in the detention centres and there has been little change, she said.

Last year, two-year old Rene Nasir died of dehydration while on the ferry with her undocumented migrant mother from Sabah to Zamboanga.

"My God, this is becoming so redundant! From 2001 till 2006, we have been hearing the same stories of undocumented migrants, the same cycle of sad experiences," said Bangcauayan.

Turning to the Philippine authorities, she said it was incredible that the Zamboanga regional director of the Department of Social Welfare and Development (DSWD) could so easily close the file on the case without raising the issue with the Philippines' Department of Foreign Affairs.

Pathetic remarks

DSWD Zamboanga director Geraldine A Valbuena had earlier said though it is 'sad' the children had to die this way, there would be no further action on the part of her department as "the parents have accepted their fate and manifested no adverse reaction to the deaths".

"I could not have imagine a regional director saying such remarks! It's very pathetic. It is not because of fate that the children died," said an indignant Bancauayan .

"It is the responsibility of the governments to ensure the welfare and protection of both documented and undocumented migrants, particularly women and children, especially as they have contributed to the growth of the economies.

"How many children have to die before the Philippine government takes action? How many children have to suffer, women to be raped and people to be dehumanized before the Malaysian government sits up to attention?" she added.
APMM in a statement said it is calling for a swift, independent and impartial investigation into the death of the two children and administrative punishment should be taken on those found guilty.

The Philippine government should also have the political will "to condemn and call the Malaysian government for the immediate halt of its unjust and inhuman detention and deportation of the undocumented immigrants," said the statement.

The Malaysian government should recognise the presence of the undocumented and legalise the latter's stay in Malaysia, it added.