USCR Condemns Malaysia’s Arrest and Threat to Forcibly Return Acehnese Asylum Seekers

Washington, D.C., August 22, 2003-– Earlier this week, the Malaysian authorities arrested more than 200 Acehnese asylum seekers, including women and children, and are threatening to forcibly return them to the Indonesian province of Aceh. “The Malaysian government is violating critical norms of international refugee law by its actions this week in arresting, detaining, and threatening to deport these asylum seekers,” said U.S. Committee for Refugees (USCR) policy analyst Jana Mason.

“Given the dire conditions in Aceh, Malaysia should instead be doing everything it can to ensure that persons fleeing that region are protected and assisted,” added Mason, who has traveled to Malaysia twice to assess conditions for Acehnese there.

Although Malaysia is not a party to the UN Refugee Convention, the Convention’s prohibition of refoulement—returning refugees to persecution—is generally considered customary international law, binding on all nations. Malaysia allows the UN High Commissioner for Refugees (UNHCR) to operate in the Malaysia and to assess the refugee claims of persons from Aceh and elsewhere. Nevertheless, since 1998, Malaysia has forcibly repeatedly returned Acehnese refugees and asylum seekers, including individuals whom UNHCR has recognized as refugees, partly because of its increased cooperation with Indonesia.

Malaysian police arrested the Acehnese in front of the UNHCR office in Kuala Lumpur, charging that they had entered Malaysia illegally. “This action is clearly contrary to refugee law,” said Mason. “Persons fleeing persecution often must do so without valid travel documents—it is simply the nature of refugee flight.”

At least one of those arrested had been approved as a refugee by UNHCR, while others had claims pending or had not yet applied. “All Acehnese refugees and asylum seekers should be protected under the Refugee Convention from arrest or forced return to Indonesia,” said Mason. She added, “Because of the widespread violence and targeting of civilians in Aceh, Malaysia should also uphold humanitarian principles by refraining from returning any Acehnese at this time.

”The arrests and the presence of a police van blocking the entrance to the UNHCR office has forced the refugee agency to close down its operations until further notice. A UNHCR spokesperson said the agency could not “credibly offer protection” to asylum seekers under such conditions. With respect to this development, Mason noted, “This is unacceptable. Malaysia must ensure that UNHCR is able to do its work without interference and that asylum seekers are not deterred or prevented from approaching UNHCR and seeking protection.”

On May 19, following the breakdown of a five-month ceasefire with the Acehnese separatists, known as GAM, the Indonesian military launched a full-scale military operation in Aceh aimed at wiping out a 27-year-old independence movement. The government has imposed martial law, restricted the work of humanitarian organizations, and forcibly relocated civilians. The Acehnese claim widespread human rights violations by the Indonesian military and police, including abduction, torture, rape, and mass killing.

The U.S. Committee for Refugees (USCR) is a public information and advocacy program of Immigration and Refugee Services of America (IRSA), a nongovernmental, non-profit organization. Since 1958, USCR has defended the rights of refugees, asylum seekers, and internally displaced persons worldwide.