The Human Rights Commission (Suhakam) has called for the abolishment of a law it describes as "outdated" which is prone to abuse by the authorities to evict squatters.

Commissioner N Siva Subramaniam said its continued use has led to numerous human rights violations.

Under the Emergency (Clearance of Squatters Regulation) Ordinance 1969, settlers can be forced to relocate despite having occupied sites for decades.

"We are still holding on to a law that was meant for a different time and is no longer relevant. Suhakam feels it is time to abolish the law," he told a forum at the Kuala Lumpur Selangor Chinese Assembly Hall, held in conjunction with World Habitat Day today.

The law, created in the aftermath of the 1969 racial riots, overrides appeals by settlers who do not have land deeds in their names.

The law was intended to break up communities living on the fringes of developed areas, in order to relocate suspected communist sympathisers. The law, however, can be applied to any community residing on land that has been left idle.

Siva said the authorities no longer rely on the National Land Code Section 425/426 to evict settlers.

"It is easier for the government to use the ordinance because it makes it harder for the settlers to defend their case," he said.

Siva pointed out that there is no law to protect the housing needs of those who are evicted and said this must be resolved immediately.

He said that the law does not provide leeway for settlers to appeal, adding there is a lack of laws to provide adequate housing for the evicted poor.

"This is a cruel law. It was intended for a time when the government did not want the Chinese, Indians or Malays to live by themselves in one area.

"Housing has become a critical issue now. Now we have over 500,000 foreign workers who are forced to sit on land as they cannot afford housing."

'Avoiding the hassle'

Jerit co-ordinator Mohanarani Rasiah said settlers who are evicted are at the mercy of developers and the state authorities.

"You have no rights as a squatter. The laws are impotent with regard to habitation rights if you don't hold a deed to the land.

"If settlers are allowed the option to purchase units, (what is provided) is usually very small and narrow ones of between 400 and 550 sq ft."

She said residents in low-cost flats experience difficulty when they have to perform marriage or funeral ceremonies because of lack of space.

"Teenagers do not have private space of their own. Everything is shared, especially the corridors, where the teenagers gather. It is the recipe for social problems," she said.

She cited examples of "badly managed flats" are First Garden Flats in Ipoh, Bukit Subang in Shah Alam and Taman Medan in Petaling Jaya. Part of the reason lies in the fact that residents cannot afford to pay the assessment rate and management fees.

Bar Council human rights committee member Andrew Khoo said Malaysia is "long overdue" in ratifying the United Nations convention on economic and social rights.

"The emergency laws were to desegregate people. Now it's like the Internal Security Act. It's used by the government because it's just easier. The enforcement director can just decide to sign the eviction order and bypass all the legalities," he told malaysiakini on the sidelines.

"There are proper legal avenues for eviction. The government would rather avoid the hassle."

The forum, attended by some 50 people, was organised by Jerit.