CASES of Malaysians becoming victims of umrah travel fraud are not new. Like a recurrent disease, they have surfaced every year in the last 10 years. The tragedy is that although reports of such fraudulent practices are often published, the cases continue to pile.
Last Thursday, a Malay daily reported that in the last five years, at least 3,714 people fell victim to rogue travel operators. The total claims filed with the Consumer Claims Tribunal during this period breached the RM30 million mark. More are expected to be filed.
The umrah travel industry has seen a surge in recent years. In 2011, at least 136,000 Malaysians went on their umrah. According to official figures released by the tribunal, 37 complaints were filed in 2009. This number increased to 155 in 2010 and 164 in 2011. The figures show a frightening trend — as the industry grows in size, so, too, does the problem.
There is a long list of “reasons”, the most common being a combination of ignorance and “too trusting” attitude by the pilgrims, compounded by the authorities’ lack of seriousness and consistency in resolving the cases.
Recently, Tourism and Culture Deputy Minister Datuk Mas Ermieyati Samsudin said as of last year, 3,400 cases of fraud umrah travel packages had been filed with the tribunal, involving RM20.77 million. In addition, 216 fraud cases have been filed with the police, involving RM9.1 million. On enforcement and punitive action taken against rogue travel operators, 11 companies had their umrah licences revoked and RM240,000 in fines have been imposed and collected.
The ministry’s portal has revealed the identities of the companies whose umrah licences have been revoked under the Tourism Industry (Tour Operating Business And Travel Agency Business) Regulations 1992, passed under the parent law, the Tourism Industry Act 1992.
A check at the official portal of a Saudi agency also revealed a list of umrah travel agents in Malaysia approved by the Saudi Haj Ministry.
They include familiar names like Andalusia Travel, Gemilang Travel, TH Travel and Tiram Travel. The important point to remember is that Malaysians intending to buy an umrah package must do his homework before parting with his money.
Two years ago, Tourism and Culture Minister Datuk Seri Mohamed Nazri Abdul Aziz cautioned the public that if a travel agency offered RM4,900 and below for a standard 12 days, 10 nights umrah package, “it is likely to cheat”. He said this after announcing the set-up of Majlis Kawal Selia Umrah (Council for Umrah Supervision) to tackle umrah-related fraud.
While the public welcomed the move, past experience tells us that it is difficult to get work done when the task is given to a committee.
How then to deal with the problem?
Section 415 read with Section 417 of the Penal Code provides the answer — the perpetrator should be arrested and charged with the offence of cheating, which carries a penalty of up to five years’ jail, a fine or both.
In June last year, in England, a director of a haj travel company was found guilty and sentenced to 12 months’ jail by the Birmingham Crown Court. Mohammed Arfan, of the Birmingham-based Al-Safah Tours Ltd, was earlier charged with 16 offences under the Consumer Protection from Unfair Trading Regulations (2008) and the Package Travel, Package Holidays and Package Tours Regulations 1992.
While a custodial sentence may constitute an appropriate punishment for the rogue travel operator, it does not help the victims. A law is only half good if its objective is merely punishing the guilty offender; it must also provide redress or compensation for the victims.
A colleague suggested umrah travel operators be required to contribute a sum annually (like a levy) to a central fund (perhaps initially established with a grant from the government), from which some measure of compensation can be paid out to victims. He explained that the idea was modelled on a current system where good and honest lawyers were compelled to contribute annually to a fund managed by the Bar Council, from which compensation could be paid to members of the public who became victims of rogue lawyers.
Alternatively, the existing law regulating the industry should be revamped to allow the court to confiscate the assets of convicted rogue travel operators and make them pay compensation to victims on a case-by-case basis.
Salleh Buang formerly served the Attorney-General’s Chambers before he left for private practice, the corporate sector and, then, academia.