Malaysians missing in Nepal — families in Catch-22 situation

When news broke of the glacial and flood disaster in Nepal on August 26, Dr. Manivannan Rethinam's first thoughts were for his sister Komathi, who was on a pilgrimage to Mount Kailash. Together with her husband, they tried to reach her but failed. Komathi is among 54 Malaysians still listed as missing in the disaster. As the families of the missing struggle to cope, they face a Catch-22 situation.

Without a death certificate, they cannot access joint bank accounts, the victim's EPF savings, sell family homes, or cancel hire purchase contracts. The banks can only express sympathy for their loss, and without a death certificate, no payout can be made by insurance companies. Compounding the agony is the legal inconsistency between Malaysia and Nepal, with Malaysian law requiring a missing person to be declared dead after seven years, while Nepal only requires three years.

The families are left with no choice but to return assets such as cars to banks, leading to additional penalties and charges. The silence surrounding the situation is particularly agonising, as next-of-kin cannot obtain any information about their loved ones' financial accounts due to strict confidentiality laws. The affected families are pleading for Bank Negara to intervene, freezing payments, waiving penalties, and suspending repossessions until the legal status of their loved ones is resolved.