Malaysians missing in Nepal — families in Catch-22 situation

The tragic Nepal glacial and flood disaster claimed the lives of at least 54 Malaysians who were on pilgrimage at Mount Kailash. Dr Manivannan Rethinam, whose sister is among the missing, heads the Malaysian Solidarity Families in Hope support group, assisting affected families with the authorities. The bureaucratic and legal obstacles are a Catch-22 situation, making it impossible for families to access joint bank accounts, EPF savings, sell homes, or cancel hire purchase contracts without a death certificate.

But obtaining a death certificate is impossible without a body identified through DNA, which is unlikely due to the treacherous terrain. Insurance companies cannot pay out on life policies without a death certificate, as they rely on confirmation of death. The families are left in despair, with no resolution in sight. The legal inconsistency between Malaysian and Nepalese laws adds to the agony, as Malaysian law requires seven years of missing before declaring a person dead, while Nepal only requires three.

The Malaysian embassy in Kathmandu has agreed to accept Nepalese jurisdiction, but the families remain in uncertainty. The silence from banks about missing persons' financial accounts adds to the anguish, as they cannot provide any information without a power of attorney or court order. The families are left unable to access their loved ones' salary, utility bills, and credit card payments.

Insurance companies may start automatic premium loans, creating further financial strain. Advocates are calling for Bank Negara to intervene, freezing payments, waiving penalties, and suspending repossessions, while allowing next-of-kin access to accounts based on a police report of disappearance, not a death certificate. The government must also consider emergency legislative measures to address the seven-year rule in exceptional disaster situations.