Thursday, November 5, 2009

Free Trade AND Human Rights

Posted by Maryan Street on November 1st, 2009

Last week I was in Kuala Lumpur for the signing of the Malaysia-NZ Free Trade Agreement (see previous blog on that subject). I had arranged before I left NZ to use some of my time there to visit the UNHCR (United Nations High Commissioner for Refugees) compound in KL. I had been there once before and wanted to know how things had improved - or not. Malaysia had had an appalling record of dumping people, especially Burmese refugees whom it didn’t want, into the arms of traffickers, until an enquiry by the US Senate’s Foreign Affairs Committee exposed it and got the Malaysians to improve their practices. I met with a senior staffer in the office of Senator Dick Luger who worked on this committee recently in Washington and got an update on Malaysia from him.

The UNHCR Rep in KL is Alan Vernon. He told me that things have improved in Malaysia and the UNHCR is no longer getting the reports they had been getting of the trafficking on the Thai-Malaysia border. Burmese refugees used to be rounded up by the Malaysian police and deposited on the Thai border where traffickers would take the women and children for prostitution and domestic service, and the men for labouring work who knows where. They are only hearing of about 100 such cases a year now, compared with 1000-2000 a year previously.

91% of the 300-400 people being processed per day at the compound are Burmese refugees. They end up in the US, the UK, Canada, Australia and NZ, among other countries. Some of them end up in my town, Nelson, as well as Auckland, Palmerston North, Hamilton and Wellington. These are people with desperate stories of human suffering inflicted by the most evil regime on the planet. Some have become good friends now and they appreciate everything NZ has given them, while they are not blind to our faults. They retain their ardent politics and live for the day Burma returns to democratic rule, preferably under Daw Aung San Suu Kyi, their most recently democractically-elected leader (1990), who has been living under house arrest for 14 of the last 19 years.

In Malaysia, there are no laws protecting refugees. Children of refugees are not allowed to go to school; refugees are arrested and detained without charge for prolonged periods of time; they are harassed in their workplace by police. They have exchanged one kind of fear in Burma for another kind of fear in Malaysia.

The day I visited the UNHCR compound, I met families and individuals who were trying to get in to the US. They are processed in the UNHCR facility, treated well by interpreters, medical staff and teams of interviewers from the soon-to-be host country. They want to be somewhere else. They want to be someone else. They want their children to be educated and have a greater chance of a full and rewarding life than they had.

Win Myin Htut - Chin Burmese refugee at UNHCR compound, KL

People present at the compound with a range of health problems - most frequently anxiety disorders, as well as the illnesses of poverty, malnutrition, some with HIV/AIDS. Parents must go crazy with worry for their children. Here is a family who have been in Malaysia for 4 years and who are hoping to move on soon. He is a farmer - although the difference in the meaning of that word in Burma and the US is striking.

These people are in the final stages of processing. Next stop - the US!

Chin family at UNHCR in KL - UN interpreter front left

Malaysia has a Human Rights Commission and I met one of its Commissioners. But they are kept on a tight leash and their Annual Report has never been presented to, or debated in, Parliament. The national Human Rights Day is boycotted by the human rights NGOs. Sometimes people say “how can we trade with countries which have such appalling human rights records?” The truth is, trade happens. We can make some gains through the labour clauses we negotiate alongside the FTAs. But even more importantly, a country gets opened up by trade and exposed to other ways of doing things. Trade becomes the vehicle for other conversations.

I hope John Key is having those other conversations, as Helen Clark used to do on a regular basis in the context of free trade negotiations and settlements.


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