Hydrocephalus Over Chin Refugees in Malaysia

VOCR

25 July, 2009,

Chawng Kit, Kuala Lumpur

Three Chin Refugees are in intensive care as they are suffering from Hydrocephalus disease (water on the brain) in GHKL (General Hospital Kuala Lumpur). They all fell suddenly down and when they rushed to hospital, hospital informed that they need operation. Ms .Nan Don Hau from Tedim Township had been operated on her head on 19-07-2009 and according to her husband she needs to do another operation else on tomorrow evening. Her husband is recognized as refugee but she is still unregistered with UNHCR. She was fallen down and rushed to Putra Jaya hospital but later transferred to GHKL. Doctors from GHKL are still looking for the cause and it is still unclear (no result). The other patient Mr. Ngun Tha Cung was fallen down on 14-07-2009 at his residence Jalan Ipoh. According to hospital authority, he has to pay around RM 2500 for operation and additional RM 500 for the bill. But a nurse told VOCR that, “He will not become normal as half of his body was paralyzed and he needs to do exercise regularly to recover completely”; she continued, “If he can pay his medication bills, he can be discharged from hospital now”. However, as he cannot afford to pay the bills, he is still laying in hospital bed. His poor brother is roaming around and trying to borrow some money from other Chin Refugees in Kuala Lumpur for his elder brother’s bill. Another patient from Mindat Mr. Ngei Thiang Hun is also being treated at GHKL for hydrocephalus in the same ward. He was a worker from plantation field in Cameron Highlands and was admitted to Ipoh hospital for the same disease. According to a nurse, “He is going to have operation this evening and we had already informed his brother who is working in Kuantan,” but, as he arrived recently that he doesn’t know how to come to the hospital. Ngei Thiang Hun got an appointment card from UNHCR office for his interview but the hospital didn’t accept the appointment card for 50 % discount that he is also facing financial problem.
In Malaysia, refugees patient who have UNHCR card get 50% discount for their medical bills but who doesn’t have the UNHCR card cannot get any discount. So, the UNHCR card holders have less hardship than the one who doesn’t have UNHCR card in case of health problem.

43 illegal immigrants detained at construction site

GEORGE TOWN: Forty-three illegal immigrants, including two pregnant women and a four-year-old Myanmar boy, were detained in a raid at a construction site in Batu Ferringhi.

They were picked up at 10am yesterday in an operation, codenamed Ops Serantau, by 50 police, Rela and Immigration Department personnel.

State Traffic and Public Order chief Supt Wan Aziz Wan Hussain said 32 of the foreigners were men — 15 Myanmar nationals, nine Bangladeshis and eight Indonesians — while 10 were women of whom one was a runaway maid.

Big swoop: Police, Rela and immigration officers rounding up the iilegal immigrants at the construction site in Batu Ferringhi Friday.

Supt Wan Aziz said three of the foreigners had overstayed, one had forged documents while the rest did not have any identification documents or work permits.

Meanwhile, enforcement authorities have begun efforts to rid Batu Ferringhi of unlicensed traders, illegal operators of water sports, and pirated DVD and counterfeit goods stalls.

More than 100 officers from the police force and relevant agencies combed the tourist belt in an operation codenamed Ops Sepadu from 3pm yesterday but found the area almost free of illegal activities.

“The beach boys, touts and illegal operators knew we were coming, so most of the shops remained closed.

“This is good. We will continue to monitor the beach. Our joint operations will not be a one-off thing,” said George Town OCPD Asst Comm Gan Kong Meng.

Thirty-two Burmese detainees died while in custody in immigration detention

Thirty-two Burmese detainees died while in custody in immigration detention centres , the highest number of foreign detainee deaths, according to the government.

Home Minister Hishammuddin Hussein said a total of 78 foreign detainees died during 2005 to 2009 in the detention camps.

The foreign detainees included citizens from Burma, Indonesia, India, Bangladesh, Cambodia, Vietnam, Thailand, Nigeria, Togo, Pakistan, Liberia and the Philippines. The minister did not attribute the cause of death among the detainees.

Speaking to The Irrawaddy, Tenne Lee, a refugee coordinator from human rights group Suara Rakyat Malaysia (Suaram), said, “What we know about the cause of the deaths is that most of them died because of medical reasons.”

Lee said that there is not adequate medical treatment while detainees are in custody. Even if the detainees have medicine from a hospital when they enter a detention centre, the medicine is confiscated, she said.

“We do monitor things if we get information about deaths. We do pressure the government, but we don't have power to do investigations,” she said. “It is hard to know the exact number of deaths. The government is not accountable.”

According to a press release by the Bar Council in 2009, 1,300 foreigners died in detention centres during the past six years.

Some Burmese human rights activists say that the number of detainee deaths is much higher than acknowledged by the Home Ministry.

Nai Roi Mon, who works with Mon detainees in Kuala Lumpur and is a member of the Mon Refugee office in Malaysia, said: “I doubt their numbers. As I remember, at least 100 Burmese died in detention centers during the past five years.”

He said that many of detainees died because they were denied medical treatment when needed.

Outbreak of leptospirosis

There are about 500,000 Burmese migrants in Malaysia, legally and illegally. Burmese detainees are the largest group in detention centres.

There are 28 Immigration Detention Centres in Malaysia. Human rights advocates say there are constant complaints of inadequate food, water and unsanitary conditions. Detainees are not given clothing.

Advocates say that family members who try to bring cases to court are discouraged by governmental delay. There has never been a successful case of prosecution for negligence, said Lee. She said children are not separated from adults in detention centres.

According to a 2009 Suaram report titled 'Malaysia Civil and Political Rights Overview', nine Burmese detainees died in detention centers from May to August last year due to an outbreak of leptospirosis (an infectious disease caused by contaminated water or food which has been infected with rodent urine).

Human rights groups and civil society groups highlighted the outbreak of the disease in detention centres, but they say the government has been slow to respond.

Malaysia is ranked as one of the worst countries for refugees by the international watchdog, the US Committee for Refugees and Immigrants. Malaysia also ranks poorly among countries in meeting the minimum standards for the elimination of human trafficking, according to the US State Department.

From one nightmare to another

By S Rutra

FMT FEATURE KUALA LUMPUR: More than a year has passed since the civil war in Sri Lanka ended, but the future of some 4,000 Tamils who landed on Malaysian shores continues to hang in the balance. Most of them are not prepared to return home.

Although being granted refugee status by the United Nations High Commissioner for Refugees (UNHCR), they are still being subjected to harassment by the authorities.

Dilon Sakkariyas, 22, who graduated in graphic designing from a uiversity in Singapore two and half years ago, told FMT that he does not want to go home.

"I have been hearing some improvement in terms of security, but I am mentally not prepared to return since my former school has been blacklisted by the government as being sympathetic to the LTTE's (Liberation Tigers of Tamil Eelam) struggle and being a hub for recruitment,” he said.

His parents, who are still in Sri Lanka, have also asked him not to return.

"Although I was never involved with the LTTE, I am still afraid since many of my friends are unaccounted for after returning," said Dilon, who is staying in Bandar Sunway and working illegally.

He hopes to pursue his studies and resettle in a third country.

K Bavani, 41, who has a 14-year-old daughter, also cannot see herself returning to Sri Lanka. Her husband, and her 15-year-old son, are in London.

"I'm just focused on bringing up my daughter and I am thankful to UNHCR and the NGOs for arranging evening clases for the refugees' children,” she said, adding that she has been working as a cleaner for the past two years.

Several youths, who spoke on condition of anonymity, revealed that life as a refugee in Malaysia is hard because the authorities pay little or no heed to their plight.

They said that police and other enforcement personnel constantly harass them.

"The officers refused to listen to our pleas, and tell us off that the UNHCR cards do not carry any weight. They only let us go after we give them some money," claimed one of them.

Temporary employment

Executive director of Malaysia Tamil Forum (MTF) N Siva Subramaniam said the organisation will discuss with the government to allow these refugees to work on a temporary basis.

"This can probably be done in sectors where there are labour shortages such as restaurants, plantations or other menial work," he said.

Explaining more about MTF, Siva said it is helping those who want to return to their homeland as well as carrying out relief work in some of the areas badly affected by the war.

"We just provide humanitarian assistance. We don't have any political agenda,” he added.

On the complaints that there are NGOs and individuals taking advantage of these refugees, Siva said he cannot understand how some people can do such things.

"I'm aware of these groups who promise all kind of assistance including resettlement in countries like Australia, Canada and Europe,” he said, adding that MTF and others are educating the refugees that only UNHCR can resettle them.

"With LTTE still being listed as a terrorist group, UNHCR is facing a difficult time in resettling them,” he added.

Meanwhile, MTF's president Dr N Iyngkaran said that MTF serves as a one-stop centre for some 4,000 Sri Lankan refugees in the Klang Valley.

Look beyond race and creed

DAP MP Gobind Singh Deo urged all Malaysians, regardless of colour and creed, to help alleviate the suffering of these displaced people.

“We should be more proactive in our approach in easing the burden of these people in whatever way possible. We should make space for them since many of them are women and children," he said.

Another politician who has been at the forefront of this issue is Penang Deputy Chief Minister Prof P Ramasamy, who vowed to continue raising the matter during Parliament sittings.

He said most of the refugees do not want to return due to fear of persecution.

"What we want from the Malaysian government is closer cooperation with UNHCR so that they (the refugees) can be interviewed and issued with the necessary documents until they can be resettled.

"It's a humanitarian issue, whether they are Sri lankan or from somewhere else. They fled their homeland because of war," he added, urging the government not to have double standards.

Documents for sale

On the enforcement side, an immigration department officer, who declined to be named, said they have the power to detain suspected illegal immigrants.

However, she added that those with valid UNHCR cards will be released after the document is verified.

"As for those without valid documents, we will seek the assistance of UNHCR... the attorney-general's office has also instructed us not to prosecute those with UNHCR cards,” she said.

The officer also revealed that some of the Sri Lankan refugees obtained travel documents with the help of syndicates.

“They are even willing to pay as high as US$15,000 to US$20,000 to get these documents such as identity cards and birth certificates belonging to poor locals. The photos are changed,” she said.

Responding to the allegation of harassment, the officer said the victims must come forward to make a report in order for action to be taken against the errant personnel.

A senior police officer told FMT that those with UNHCR cards are usually detained for the purpose of having their documents verified.

He admitted that there reports of harrassment, but investigations have shown that in certain cases those involved were “bogus policemen”.

Top UN official views refugee-related issues in Malaysia

Bernama recently interviewed Alan Vernon, the United Nations High Commissioner for Refugees (UNHCR) in Malaysia where he spoke on several issues relating to refugees and asylum seekers. This is the first of the two series

KUALA LUMPUR, July 12 (Bernama) – Malaysia has been a heaven for refugees starting with the Vietnamese boat people who landed in droves on her shores following the end of the Vietnam War in April 1975.

At the height of the refugee crises about 250,000 Vietnamese people took shelter in Pulau Bidong (a small island off Terengganu's coast) before most of them resettled in third countries including the United States, Canada, Australia, France, New Zealand, Sweden, Finland, Denmark and Norway.

Also, about 9,000 of the refugees returned to Vietnam.

Even after the Pulau Bidong camp was finally closed in October 1991, Malaysia till today remains a heaven for refugees from other countries.

Refugees are actually a global problem and there are 50 million refugees world wide, said Alan Vernon, 56, the United Nations High Commissioner for Refugees (UNHCR) in Malaysia.

UNHCR commenced operations in Malaysia in 1975 initially to deal with the Vietnamese boat people. UNHCR also helped the Malaysian Government in receiving and resettling over 50,000 Filipino Muslims who fled Mindanao to Sabah during the 1970s and 1980s.

UNHCR also supported the Malaysian Government in resettling several thousand Muslim Chams from Cambodia in the 1980s and several hundred Bosnian refugees in the 1990s. Refugee statistics

In Malaysia, at the end of May 2010 there were some 88,100 refugees and asylum-seekers registered with UNHCR's office where they were given the UNHCR identification document.

At present, Myanmar is seen as the biggest contributor of refugees to Malaysia with out of the total, 81,600 are from that ASEAN nation.

The Myanmar refugees consist of some 38,900 Chins, 18,900 Rohingyas, 6,400 Muslims, 3,800 Mon, 3,600 Kachins and the remaining being other ethnic minorities from Myanmar.

"Many more are in Thailand and that country has possibly four to five million refugees from Myanmar because they share the common border.

"For them to come to Malaysia, it is more difficult. They also come here because they know they can survive here. If they cannot survive, they will not come.

"So I think Malaysia is a victim of its own success. If your economy is worst, you will have your own refugees," said Vernon.

Other 6,600 refugees and asylum-seekers are from other countries including some 3,500 Sri Lankans, 930 Somalis, 580 Iraqis, 530 Afghans and 200 Palestinians.

In terms of gender, 70 per cent of refugees and asylum-seekers are men while 30 per cent are women.

There are also a large number of unregistered refugees and asylum-seekers with their number estimated at 10,000 persons. Not in camps

One of the good things about refugees in Malaysia, as pointed out by Vernon is that they do not stay in camps.

The refugee communities live in decent low cost housings across the country, often sharing these spaces with large groups.

"Sometimes the people think camps are a good solution for refugees but generally what happened in camps is that the people suffer much, much more.

"You would also have a situation of forced dependency, people on welfare, people have to be taken care of in the camps.

"Very often when camps are created they tend to last longer than other kind of situations because the camps take on a life of their own," explained Vernon who has been the UNHCR Representative in Malaysia since November 2008.

His association with refugees goes a long way starting with the Vietnamese refugees while he was teaching in the United States in 1978.

He joined UNHCR in 1987 and held the position of Associate Resettlement Officer in UNHCR Field Office in Kuala Terengganu (1987-1991). His other postings with UNHCR took him to Sri Lanka and Geneva.

Vernon noted it was a very positive move that the Malaysian government allows the refugees to move about, which means they could find ways to take care of themselves and to fulfil their own requirements. Refugees and migrants

However, there is one important thing that Vernon will like Malaysians to understand, that is, a refugee is not a migrant.

UNHCR's definition of a refugee is a person who is forced to leave home based on a well-founded fear of being persecuted for reasons of political opinion, ethnicity, religion or membership in a particular group.

"Luckily Malaysia has never had a situation like that. Malaysia has never produced refugees. We are very happy about that but are hopeful that Malaysians will be tolerant of the fact that refugees did not choose to come to Malaysia.

"They were forced to leave their homes and they cannot go back until the condition back home improves so that they are no longer at risk because of the fear that they face -imprisonment and possibly death.

"This is in contrast to migrants who made a choice to leave their countries for better economic opportunities or better education," stressed Vernon.

It is estimated that Malaysia has in the region of three to four million migrants with 50 per cent of those being here legally. Common challenge

With no short term solution for the refugee problem, the common challenge is to find a way to fulfil the needs of the refugees and at the same time protect the interest of the host country as a whole.

For the record, Malaysia is not a party to the 1951 Convention and its Protocol relating to the status of refugees.

Becoming a signatory to the Refugee Convention is an important thing to do otherwise everything has to be done on goodwill. However, this is not predictable and it does not provide guidance to all levels of government.

"So there is a need to put in a legal framework. This is very crucial. This is to make sure they are protected, they are safe, secure until such time when they can go home. Some of them can be resettled but this can never be a solution for every refugee," he added.

Vernon told Bernama that there are fewer resettlement places than there are refugees in Malaysia.

He said his side submitted more than 10,000 refugees for resettlement last year but reiterated the best solution for refugees was to go home. Managing the issue

Where refugees are concerned, Vernon expresses his optimism that the success stories achieved with the Vietnamese boat people and the Achenese shows there is a solution for the refugee problem.

"When the Vietnamese boats started arriving in Malaysia in 1975 and increased in 1979, it felt like it would go on forever. But it was all over by 1991. The Achenese is another good example, they came and after tsunami they went home," he said.

According to him, Myanmar is a country that is likely to continue producing refugees for sometime to come.

"There is an election this year and despite the problems in the country we are hopeful that things would get better there," he added.

The practical reality is that, he said, Malaysia would need to think about how to deal with the situation in Myanmar. Malaysia being part of Asean should to take into account of the Myanmar refugee problem in its foreign policy and find ways to deal with the situation at the source.

"One of the challenges for Malaysia as it aspires to be a fully developed country by 2020 is that it will need to assume its global responsibility and one of those is to help the situation of refugees.

"The way it works has to be through partnership. UNHCR is here. Other NGOs and international communities can also help and I think there is plenty of space to manage this issue in a better way.

Source: Bernama website, Kuala Lumpur, in English 0000 gmt 12 Jul 10
 

Malaysia's Never Ending Woes with Refugees

This is the first of the two-series interview with United Nations High Commissioner for Refugees (UNHCR) in Malaysia Alan Vernon, on several issues relating to refugees and asylum seekers.

 

KUALA LUMPUR, 12 JULY, 2010: Malaysia has been a heaven for refugees starting with the Vietnamese boat people who landed in droves on her shores following the end of the Vietnam War in April 1975.

At the height of the refugee crises about 250,000 Vietnamese people took shelter in Pulau Bidong (a small island off Terengganu's coast) before most of them resettled in third countries including the United States, Canada, Australia, France, New Zealand, Sweden, Finland, Denmark and Norway.

Also, about 9,000 of the refugees returned to Vietnam.

Even after the Pulau Bidong camp was finally closed in October 1991, Malaysia till today remains a heaven for refugees from other countries.

Refugees are actually a global problem and there are 50 million refugees worldwide, said Alan Vernon, 56, the United Nations High Commissioner for Refugees (UNHCR) in Malaysia.    

UNHCR commenced operations in Malaysia in 1975 initially to deal with the Vietnamese boat people. UNHCR also helped the Malaysian Government in receiving and resettling over 50,000 Filipino Muslims who fled Mindanao to Sabah during the 1970s and 1980s.

UNHCR also supported the Malaysian Government in resettling several thousand Muslim Chams from Cambodia in the 1980s and several hundred Bosnian refugees in the 1990s.

 

 

Refugee Statistics

 

In Malaysia, at the end of May 2010 there were some 88,100 refugees and asylum-seekers registered with UNHCR's office where they were given the UNHCR identification document.

At present, Myanmar is seen as the biggest contributor of refugees to Malaysia with out of the total, 81,600 are from that ASEAN nation.

The Myanmar refugees consist of some 38,900 Chins, 18,900 Rohingyas, 6,400 Muslims, 3,800 Mon, 3,600 Kachins and the remaining being other ethnic minorities from Myanmar.

"Many more are in Thailand and that country has possibly four to five million refugees from Myanmar because they share the common border.

"For them to come to Malaysia, it is more difficult. They also come here because they know they can survive here. If they cannot survive, they will not come.

"So I think Malaysia is a victim of its own success. If your economy is worst, you will have your own refugees," said Vernon.

Other 6,600 refugees and asylum-seekers are from other countries including some 3,500 Sri Lankans, 930 Somalis, 580 Iraqis, 530 Afghans and 200 Palestinians.

In terms of gender, 70 percent of refugees and asylum-seekers are men while 30 percent are women.

There are also a large number of unregistered refugees and asylum-seekers with their number estimated at 10,000 persons.

 

 

Not in Camps

 

One of the good things about refugees in Malaysia, as pointed out by Vernon is that they do not stay in camps.

The refugee communities live in decent low cost housings across the country, often sharing these spaces with large groups.

"Sometimes the people think camps are a good solution for refugees but generally what happened in camps is that the people suffer much, much more.

"You would also have a situation of forced dependency, people on welfare, people have to be taken care of in the camps.

"Very often when camps are created they tend to last longer than other kind of situations because the camps take on a life of their own," explained Vernon who has been the UNHCR Representative in Malaysia since November 2008.

His association with refugees goes a long way starting with the Vietnamese refugees while he was teaching in the United States in 1978.

He joined UNHCR in 1987 and held the position of Associate Resettlement Officer in UNHCR Field Office in Kuala Terengganu (1987-1991). His other postings with UNHCR took him to Sri Lanka and Geneva.

Vernon noted it was a very positive move that the Malaysian government allows the refugees to move about, which means they could find ways to take care of themselves and to fulfill their own requirements.

 

 

Refugees and Migrants

 

However, there is one important thing that Vernon will like Malaysians to understand, that is, a refugee is not a migrant.

UNHCR's definition of a refugee is a person who is forced to leave home based on a well-founded fear of being persecuted for reasons of political opinion, ethnicity, religion or membership in a particular group.

"Luckily Malaysia has never had a situation like that. Malaysia has never produced refugees. We are very happy about that but are hopeful that Malaysians will be tolerant of the fact that refugees did not choose to come to Malaysia.

"They were forced to leave their homes and they cannot go back until the condition back home improves so that they are no longer at risk because of the fear that they face - imprisonment and possibly death.

"This is in contrast to migrants who made a choice to leave their countries for better economic opportunities or better education," stressed Vernon.

It is estimated that Malaysia has in the region of three to four million migrants with 50 percent of those being here legally.

 

 

Common Challenge

 

With no short term solution for the refugee problem, the common challenge is to find a way to fulfill the needs of the refugees and at the same time protect the interest of the host country as a whole.

For the record, Malaysia is not a party to the 1951 Convention and its Protocol relating to the status of refugees.

Becoming a signatory to the Refugee Convention is an important thing to do otherwise everything has to be done on goodwill. However, this is not predictable and it does not provide guidance to all levels of government.

"So there is a need to put in a legal framework. This is very crucial. This is to make sure they are protected, they are safe, secure until such time when they can go home. Some of them can be resettled but this can never be a solution for every refugee," he added.

Vernon told Bernama that there are fewer resettlement places than there are refugees in Malaysia.

He said his side submitted more than 10,000 refugees for resettlement last year but reiterated the best solution for refugees was to go home.

 

 

Managing the Issue

 

Where refugees are concerned, Vernon expresses his optimism that the success stories achieved with the Vietnamese boat people and the Achenese shows there is a solution for the refugee problem.

"When the Vietnamese boats started arriving in Malaysia in 1975 and increased in 1979, it felt like it would go on forever. But it was all over by 1991. The Achenese is another good example, they came and after tsunami they went home," he said.

According to him, Myanmar is a country that is likely to continue producing refugees for sometime to come.

"There is an election this year and despite the problems in the country we are hopeful that things would get better there," he added.

The practical reality is that, he said, Malaysia would need to think about how to deal with the situation in Myanmar. Malaysia being part of Asean should to take into account of the Myanmar refugee problem in its foreign policy and find ways to deal with the situation at the source.

"One of the challenges for Malaysia as it aspires to be a fully developed country by 2020 is that it will need to assume its global responsibility and one of those is to help the situation of refugees.

"The way it works has to be through partnership. UNHCR is here. Other NGOs and international communities can also help and I think there is plenty of space to manage this issue in a better way.



- Bernama

Refugees in Dilemma

This in the second part of two-series interview with United Nations High Commissioner for Refugees (UNHCR) in Malaysia Alan Vernon on issues relating to refugees and asylum seekers. Click here for Part 1.

 

Being in a foreign land and with an uncertain future, the refugees in Malaysia have to work their way to survive.

"They are very hard working, doing odd jobs or taking up whatever work opportunity available. This is one thing that makes them good for resettlement," said Alan Vernon the United Nations High Commissioner for Refugees (UNHCR) in Malaysia.

"It would be a great idea to allow them to work formally. It would save money because they are already here.

"The refugees want to contribute to the country and support the society because they have a place to stay here.

"However, they do not get the opportunity to do so legally as they cannot obtain a work permit," he said commenting on some suggestions to allow refugees in Malaysia to work.

 

 

Economic Opportunities

 

There is a stiff competition for employment opportunities as the refugee community is mostly concentrated around Kuala Lumpur, and to this Vernon suggested they should be dispersed around the country.

"The bulk is in Kuala Lumpur. We would like to move them out and the best way is by legal work opportunity. They can work in plantations, in manufacturing and in construction.

"There are many economic opportunities in other areas and that would decongest Kuala Lumpur. The group is hungry for work. They make very good workers because they know they have to survive," said Vernon.

According to him, some of the refugees have very good skills useful to the Malaysian employers.

Better control and regulations over the refugees’ situation, in particular the employment issue will help avoid exploitation.

“We have to start today. Lets see if we can find a way to make the refugees more self reliant in terms of work so they don’t create a burden and a situation where we will have social problems.

“If people have a job they are not going to get involved in illegal activities. Their number may go up and may go down but it is better to have a policy and some system in place for dealing with the issue in a predictable way so that it can be properly managed,” said Vernon.

 

 

Children's a Priority

 

There are some 19,000-refugee children below the age of 18 registered with UNHCR.

Some 10,600 of these children are of school-going age. Nevertheless, it is estimated that less than half of refugee children of school-going age have access to any form of education.

"I have many concerns over the refugees but their children are the priority.

"Children need to be educated. If they don’t get education, this robs their future and could create social problems later on.

"The Malaysian government has allowed the non-governmental organisations (NGOs) to provide education for refugee children. That is a good thing," said Vernon.

However, he told Bernama of the insufficient means and resources faced by the NGOs in providing the necessary education for the refugee children.

As such, the refugee communities themselves have organised education programmes for their children.

"Children who do not get educated are going to face a lot of difficulty in the future. They may end up with social problems in the future.

"So we rather have them educated so they can contribute to their community and when they return home they can contribute to their society and that can be a positive contribution from Malaysia in helping Myanmar, for example," explained Vernon.

 

 

To Do More

 

UNHCR is hopeful that it can work more closely with the government, the NGOs and the public to help improve the quality and access to education for the refugee population.

"They did not choose to come to Malaysia. You can say their parents made a choice but not their children so for them we need to work together to try to improve the conditions for them.

"And there is a role for everyone, there is a role for the government, a role for the NGOs, a role for the volunteers and also a role for the United Nations," said Vernon, adding there is also an important role for the refugees themselves.

 

 

UNHCR Initiatives

 

Where children's education is concerned, UNHCR has made inroads in getting more refugee children to attend school. From about 2,500 in 2008, the number has currently increased to about 4,700.

UNHCR is also working with its NGO's partners in training the teachers and to date has trained more than 120 teachers.

The UN body also provides books, stationeries and other school supplies besides getting volunteers' support for the schools as well.

"All these are efforts to create a school system for the refugees.

"They cannot go to the government school. Even if the government opens up the schools for the refugees, of which I think is possible, not all will go because of the language barrier and also the fact that many of the children have missed school for many years," explained Vernon, adding that the challenge remains to find an appropriate education programme for a diverse population.

 

 

Small Schools

 

There are about 60 refugee community schools initiated by some refugee groups besides those managed by UNHCR and several NGOs with the majority of them scattered around Kuala Lumpur.

The schools are often very small and set up at locations where the  refugees are present.

The refugees, according to Vernon are reluctant to move around as they face a lot of constraints including money for transport.

"Schools are not really schools. Very often it is just an apartment space.

"As for the syllabus, we try to use the Malaysian curriculum but they also have some of their own cultural studies in anticipation of going home.

"The students also get language studies, some English, some Bahasa Melayu. Other subjects are math, science, history and social studies. Quality of schools vary from very good to not very good but we find ways to improve them," he added.

 

 

Help to Help Themselves

 

UNHCR also has a team to help set up a leadership structure within the refugee community.

"We try to work with all of them and try to encourage them as much as we can but I have to be realistic. Some groups are better than others.

"Some groups easily form a group and organise themselves, others struggle with it. Some are more tolerant in having their women participating in leadership structures than others who think that is a bad idea," said Vernon.

He too commented on some adverse publicities on some refugee groups but the number involved is small.

"The group here does not want to get into trouble because they know that their situation is fragile and they cannot turn to their government for help.

"So I rarely find refugees getting into trouble but you do have a larger migrant population and with such a big number you are going to face social problems. It is inevitable I think," he said.

 

 

Not Above the Law

 

Vernon said the UNHCR has always taken efforts to ensure that the refugees stay away from trouble and respect the local laws.

"A refugee is not above the law. If they break the law they can be charged under the law like the rest.

"The UNHCR identification document offers no immunity. They have to follow the law, they have to recognise that their presence here are not something that they can take for granted.

"They are guests in a foreign country and they need to behave as a guest. They should not make the Malaysian people feel threatened or unhappy on their presence," said Vernon.

Refugees denied rights in Malaysia

he report concludes that Malaysia’s failure to officially recognize refugee status places it at odds with its international obligations and creates serious risks to the human rights of refugees and asylum-seekers. Refugees and asylum seekers face the daily prospect of being arrested, detained in squalid conditions, and ill-treated, including by whipping. They are also subjected to extortion and abuse by the police or other immigration enforcement agencies. They face the constant fear of being forced to return to a country where they may be stripped of their rights or even killed.

While there have been recent positive developments and reforms adopted by the government, including with regard to the strengthened cooperation with UNHCR, challenges still exist in identifying and registering refugees. There continue to be documented problems in relation to respect for the rights of UNHCR card holders as well as the ability of UNHCR to access and secure the release of refugees from detention.

Some key recommendations identified in the report include calling on the Malaysian government to:

Introduce a government ID card system for asylum seekers and refugees which provides them with documentation evidencing their legal right to remain in the country during the refugee status determination process and for as long as necessary thereafter, and which affords entitlement to relevant rights and services (including basic healthcare, primary education and housing). Ensure that identity cards are respected by all levels of immigration enforcers, and holders are not arrested, detained or deported.

 Ensure that UNHCR documents are respected by all levels of immigration enforcement, including by issuing a circular to law enforcement agencies throughout the country.

Provide asylum-seekers and refugees with the legal right to work in Malaysia, and documentation to ensure this right is understood and respected by employers and law enforcement agencies in line with international legal standards and practice.

End criminal penalties (including whipping and imprisonment) for refugees and asylum-seekers, including in relation to irregular entry.

Immediately remove all immigration related functions and powers from RELA, including the power to arrest and detain.

Ensure that asylum-seekers are detained only as a measure of last resort and in line with international standards, and that those detained are provided with prompt and unimpeded access to UNHCR. Ensure that unaccompanied children under the age of 18, the elderly, trauma victims and pregnant women are never detained for migration-related reasons.

Take steps to ratify the Refugee Convention and its 1967 Protocol, and bring domestic law, policy and practice in line with these instruments. Take steps to ratify the ICCPR, the UN Convention against Torture and the ICESCR, and integrate them into domestic law, policy and practice.

The report recognises that while it is incumbent upon the Malaysian authorities to address many of the identified problems, the international community must also take its share of responsibility. In particular, this should include concerted efforts to increase the number of resettlement places available in third countries.

For the full version of the report and press release please click on the accompanying attachments.

All the best


Refugee and Migrants Rights Team

Amnesty International
International Secretariat
email: rmrteam@amnesty. org
tel: +44(0) 20 7413 5500
fax: +44(0) 20 7956 1157

Resume water supply at Lenggeng Immigration Detention Centre

Resume water supply at Lenggeng Immigration Detention Centre

SUARAM has been informed that detainees at Lenggeng Immigration Detention Centre have been on a hunger strike since evening of Saturday, 12 June, as a protest against the lack of water supply in the detention centre. The hunger strike started when immigration officers denied the detainees drinking water when asked by the detainees. There has been no water supply at the detention centre for the past 5 days.

According to our source, there are an estimated 1,500 detainees at Lenggeng Immigration Detention Centre. The estimated 500 Burmese asylum seekers in the detention centre will continue the hunger strike until they are given access to the United Nations High Commissioner for Refugees (UNHCR).

SUARAM has previously expressed our deep concern with regards to the deplorable conditions of Immigration Detention Centres. This is not the first time that we have received complaints that water supply to detention centres is irregular and inadequate. Denying the detainees access to drinking water is an outrageous violation of a basic human right. Even persons in detention have fundamental right to adequate standard of living, which includes adequate and constant supply of water for consumption and maintenance  of personal hygiene, as enshrined in Article 25 of the Universal Declaration of Human Rights.

Detainees at immigration detention centres often fall ill due to the poor conditions that often cause malnourishment and poor immune system amongst detainees. The non-supply of water, coupled with the deplorable conditions of the detention centres could potentially cause the increase the risk of illnesses amongst the individuals. 

SUARAM demands that the Government immediately restores water supply to Lenggeng Immigration Detention Centre and to ensure that water supply to all detention centres are regular, adequate and clean. The Government must ensure that conditions in all detention centres comply with minimum international standards for places of detention.

SUARAM urges the Immigration Department to immediately provide the asylum seekers access to UNHCR and to allow the UNHCR to process their asylum claims. Upon verification of their asylum claims, the Government must immediately release the asylum seekers in to UNHCR’s official care.

Released by,

 

Temme Lee

Coordinator

Suara Rakyat Malaysia (SUARAM)

Amnesty report blasts Malaysia over refugees

Refugees and asylum-seekers in Malaysia are subject to arbitrary arrest, detention in appalling conditions, and deportation to the countries they fled, an Amnesty International report has found.

The report ‘Abused and Abandoned: Refugees Denied Rights in Malaysia’, Amnesty said that refugees and asylum-seekers who arrived in Malaysia are treated as irregular or undocumented workers.

According United Nations High Commission for Refugees (UNHCR) data, there are 88,100 refugees and asylum seekers registered with the organization, including 81,600 from Myanmar.

There are also some 6,500 refugees and asylum-seekers from other countries, including some 3,500 Sri Lankans, 930 Somalis, 580 Iraqis and 530 Afghans. There are some 19,000 children below the age of 18. Thousands more are unregistered.

Despite the large numbers, Malaysia is not party to the 1951 Convention Relating to the Status of Refugees, and therefore does not formally recognize any form of refugee status.

“Refugees should be able to live with dignity while they are in Malaysia. The government should move immediately to issue refugees official ID cards and grant them the right to work,” said Chris Nash, Head of Refugee and Migrant Rights at Amnesty International.

Amnesty International said that government issued ID cards would provide immediate protection for refugees and asylum seekers from arbitrary detention, harassment and extortion by police and the People’s Volunteer Corps (RELA, Malay acronym), a paramilitary civil volunteer corps.

Local Catholic groups have also backed the call for refugee identity cards as a form of protection against unscrupulous security officials.

“We have a duty, a humane duty to protect and provide assistance to these refugees. The government’s policy is having a negative impact.

“Many of them are suffering from stress related illnesses,” said a Church worker in Kuala Lumpur, who assists Mynamar refugees.

Courtesy: UCAN

Myanmar kidnap gang turns on compatriot

KUALA LUMPUR: A Myanmar woman was kidnapped by a gardener and his accomplices before being released upon receiving the RM28,000 ransom.

However the woman, in her 20’s, who holds a United Nations High Commissioner for Refugees (UNHCR) card, is believed to have been raped by her captor before her release.

City CID chief Senior Asst Comm Datuk Ku Chin Wah said the woman, who works as a waitress, was abducted near Kepong on her way to work on June 8.

The kidnappers had initially demanded RM100,000 from the victim’s friend for her release, but agreed to RM28,000 after negotiations.

“After the ransom was paid on June 9, we rounded up five suspects aged between 20 and 30 years, including four Myanmar UNHCR card holders - three men and a woman,” said SAC Ku.

Police recovered the cash, and following investigations decided to charge the mastermind after the others agreed to testify against him.

At the magistrates court here yesterday, Myanmar national Aye Min Win, 30, who works as a gardener, was charged with receiving the ransom money from the victim’s friend at the Mandalay Restaurant at about 9.30pm on June 9.

Aye claimed trial to the offence under Section 5 of the Kidnapping Act 1961, which carries a sentence of not more than 10 years jail and/or whipping.

Magistrate Siti Shakirah Mohtarudin granted him bail of RM10,000 with two Malaysian sureties, and ordered him to surrender his passport and report to the Pudu police station every month until the case is disposed of.

His employers paid the bail and the judge fixed July 23 for the next mention.

Malaysia Faces Refugee Backlog After Australian Crackdown

Australia's crackdown on illegal immigration has resulted in a build-up of asylum seekers in detention camps in Malaysia and Indonesia. Refugee advocates are calling for a reassessment on how to care for migrants.

The streets of the Chow Kit, a suburb of Kuala Lumpur, were popular for human smugglers and migrants seeking illegal passage to Australia.

But according to human rights groups, diplomats and the imam of the local mosque, the number of smugglers and passengers has fallen dramatically since April. That is when the Australian government suspended the processing of visa applications for asylum seekers from Afghanistan and Sri Lanka.

The imam of the Chow Kit mosque says until Australia's policy changed, Afghans would arrive here with fake Pakistani identification, attracted by the area's cheap hotels, Afghan food shops and network of human smugglers.

Irene Fernandez, executive director of Tenaganita, a group that promotes the rights of women and refugees, agrees with his assessment.

She says an improved security situation since Sri Lanka's civil war ended and better living conditions in Afghanistan also contributed to the decrease in asylum seekers.

"I think that what has happened is that the traffickers and smugglers have kind of laid back for the moment until I think they find another way of getting the people out again, but the scramble to leave has definitely reduced," said Fernandez.

In addition, greater cooperation among Australia, Indonesia and Malaysia in fighting human smuggling has cut the number of boats trying to bring migrants into Australia illegally.

Fernadez says Australia's decision to suspend Afghan and Sri Lankan asylum claims meant people smugglers will likely turn to Europe and the United States as potential destinations for their human cargo.

But, she says, thousands of migrants have been left stranded in Malaysia and Indonesia. Some are in hiding, while others are stuck in camps and left to fend for themselves.

Udaya Perera, the deputy high commissioner of the Sri Lankan High Commission in Malaysia, says governments are working together to resolve the problem.

"They [migrants] spend around $12,000 U.S. in order to go to a Western country. They come for a better job and better living conditions and they have got caught in the trap of illegal syndicates which are handling human smuggling," said Perera. "As far as the Malaysian government is concerned they are extending their fullest cooperation and support to send them back, so we are in close association and we are cooperating with each other in order to send them back."

However, home is a distant option for thousands stuck in the camps, which former detainees describe as poor, dirty and lacking medical facilities. The United Nations High Commissioner for Refugees established most of the camps. Fernandez at Tenaganita says the UNHCR needs to rethink its strategy.

"I think the UNHCR has to review its whole policy and direction in establishing refugee camps," said Fernandez. "What I see is these refugee camps do not seem to have an end but continue to exist and where conditions become more and more severe as we see in the number of countries where such refugee camps exist."

The camps are largely scattered around the Malay peninsula and in the state of Sabah on Borneo island.

Australia halted processing of asylum applications for Afghan and Sri Lankan citizens because of improved conditions in those countries. The country's new prime minister, Julia Gillard, promises to review the immigration policy and has indicated there could be curbs on new migrants.

World a hostile place for refugees

Dennis Ignatius
KUALA LUMPUR

Friday, June 25, 2010

JUNE 20th was World Refugee Day. According to the United Nations High Commissioner for Refugees (UNHCR), millions of people across the world are forced to flee their homes as a consequence of war and persecution and ethnic, tribal and religious violence.

They often leave everything they have behind and literally run for their lives. For most of us, it is hard to imagine what that must be like though there are no shortage of reminders. Just last week we witnessed heart-rending scenes on television of thousands of ethnic Uzbeks fleeing racial violence in Kyrgyzstan.

Unfortunately, the world is largely a hostile place for refugees. Many live in the shadows unnoticed, exploited, abused, and unwelcomed.

It would be nice to say that things are different in Malaysia but they are not. Scattered across our nation are dozens of detention centres, our own little gulags, where thousands of refugees and illegal immigrants are incarcerated under appalling conditions.

They are deprived of even their most basic rights and endure countless indignities. Many are abused, suffer from malnutrition and die of disease. And, as even the government has acknowledged, they are often trafficked and sold into slavery as well, with the connivance of corrupt officials.

Unsurprisingly, riots break out from time to time in the camps. I suppose you can only push people so far before they break. These are not violent people, just desperate people.

Of course, there are no westerners detained in such camps for no western government would allow its citizens to be so treated, and neither would we dare treat them so. No, the camps are for those who have been abandoned by their own countries.

The vast majority in our camps, for example, are refugees fleeing repression and ethnic cleansing at the hands of Myanmar's brutal military regime.

To our great shame, they find only hostility and further abuse here. Between 2002 and 2008, more than 4,800 Myanmar refugees were whipped for immigration offences. In reality, they were whipped simply for running away from the death and destruction that stalks them in their own land.

And the sad part is that these abuses have been going on for years as a consequence of official indifference and neglect.

In 1995, Irene Fernandez published a major report drawing attention to the abuse, torture and inhumane conditions in our detention centres. Instead of investigating conditions in the camps, the government of the day turned on Irene with a vengeance not often seen in our country. Irene endured nearly 13 years of harassment before she was finally acquitted by the High Court of the charge of maliciously publishing false news.

The 18th century English philosopher, Edmund Burke, once said that, All that is necessary for the triumph of evil is for good men to do nothing. Good men in government did nothing about the abuse, and evil prevailed.

And it continues, as recent reports by Suaram, Amnesty International and others, clearly show. More Malaysians should take time to read the reports; they will be shocked to discover what is being done in their name. When the government is prodded by international pressure or by negative publicity, action is quickly promised.

Real change, however, is slow in coming. In February this year, for example, the Home Ministry announced that the government was in the final stages of issuing identification cards to refugees so that they would get at least some recognition and protection. Unfortunately, final stages can last a very long time in Malaysia; the cards have still not been issued.

If there is political will and public support, surely it is not impossible to find a just solution to this problem. Surely a country that routinely takes in hundreds of thousands of contract workers can find a way to temporarily absorb the 80,000 to 100,000 refugees that now live in Malaysia. They might benefit our economy instead of being a drag on our international image and a blight on our conscience.

To be sure, the whole Myanmar refugee issue is a complex one and requires concerted action and coordination at the regional and international level. Malaysia should not be left to shoulder this problem alone. And certainly, national reconciliation in Myanmar is urgently needed, as Prime Minister Datuk Seri Najib Tun Razak recently pointed out. At the end of the day, however, Malaysia has a responsibility under its own laws as well as under international humanitarian law to treat refugees with the care and compassion they deserve.

Malaysians make much about their faith in God. It is time Malaysians acted as men and women of faith. Malaysians must show mercy and compassion because they believe that God is compassionate and merciful. Malaysians' confession of faith is only a resounding gong or a clanging cymbal if it is not matched by justice and compassion for these, the least of the least.

World Refugee Day has gone by without much fanfare but it is up to each and every Malaysian to give it meaning by sparing a thought for or lending a hand to help the refugees in our midst. It is up to us really if evil will triumph or not.

Datuk Dennis Ignatius is a 36-year veteran of the Malaysian foreign service. He has served in London, Beijing and Washington and was ambassador to Chile and Argentina. He was twice Undersecretary for American Affairs. He retired as High Commissioner to Canada in July 2008.

The Star/ANN

Press Statement:

Press Statement: 21 June 2010

Gov’t Must Act

Immediately on UN’s Call for the Repeal of Detention-without- Trial Laws and End to Detention of Refugees & Asylum Seekers


The initial

findings and recommendations of the United Nations Working Group on Arbitrary Detention (WGAD) from its country visit to Malaysia from 7 to 18 June 2010 have added to the long list of recommendations and concerns pertaining to the Malaysian government’s legislations, policies and practices of arbitrary detention.


“Classic Cases of Arbitrary Detention” under ISA, EO, DDA, RRA Among its initial findings of its visit, the WGAD stated that it is “seriously concerned” about the existence and enforcement of laws which provide for detention without trial in Malaysia, namely the Internal Security Act (ISA), the Emergency
(Public Order and Prevention of Crime) Ordinance (EO), the Dangerous Drugs (Special Preventive Measures) Act (DDA), and the Restricted Residence Act (RRA).


The WGAD stated  that these laws “deny the detainee the right to a fair and public hearing” and
“severely restrict detainees’ access to legal counsel”.


During the press conference held by the WGAD on 18 June 2010, its Chairperson- Rapporteur El Hadji Malick Sow stated that detentions under the ISA, the EO, the DDA, and the RRA are “classic cases
of arbitrary detention”. The WGAD also noted with concern that “thousands of
people” are being detained under the EO and the DDA.


“Systematic” Detention of Refugees

Also of concern to the WGAD is the detention of refugees and asylum seekers. The WGAD’s
Chairperson- Rapporteur described the detention of refugees as “systematic”, noting that even refugees who are in possession of identity cards issued by the United Nations High Commissioner for Refugees are not exempted from arrests and detentions.


Malaysia’s non-ratification of the 1951 Convention relating to the Status of Refugees and non-recognition of the status of refugees and asylum seekers have resulted in the detention of many refugees under immigration laws in Malaysia for their alleged “illegal presence” in Malaysian territory. The WGAD noted that detainees who have served prison sentences under immigration laws are often held in immigration detention centres for an indefinite period while awaiting deportation to their countries of origin.


Recommendations Not New, No Reason for Delay in Implementation While the WGAD’s final report will only be submitted to the UN Human Rights Council in March 2011, its initial recommendations are clear enough for the government to make immediate efforts for improvements.


Furthermore,  similar recommendations have already been made in the past by other bodies – such as the Human Rights Commission of Malaysia (SUHAKAM), the Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police, and various UN member states. As such, there is no justification for the government not to implement the WGAD’s recommendations immediately, especially in view of its status as an elected member of the UN Human Rights Council. Moreover, since it was the Malaysian government that invited the WGAD for this visit, it must also be consistent with such commitment by implementing the recommendations made.


Repeal All Detention-without- Trial Laws 

On detention-without- trial laws, the WGAD recommended that the ISA, the EO, the DDA, and the RRA be repealed. The WGAD further noted that even if these laws are not repealed, the government must ensure that they are amended to the extent that they are in conformity with Article 10 of the Universal Declaration
of Human Rights. Article 10 of the Universal Declaration of Human Rights spells out the guarantees of the right of every individual to a fair trial.


In other words,
even if the government wishes to amend the detention-without- trial laws instead
of repealing them, the amendments must ensure that all persons must be accorded a fair trial before being detained.
This effectively means that the government must end its practice of detaining
individuals without trial.


Hence, while the government has announced its intention to amend the ISA, the EO, and the DDA,
any changes which will merely reduce the periods of detention – including the initial investigative period of
detention (currently 60 days) and the subsequent detention order by the Home
Ministry (currently 2 years) – would not adequately fulfill the recommendations
of the WGAD.


SUARAM thus strongly calls upon the government to immediately re-look into the proposed amendments to
all the detention-without- trial laws with additional consideration of the WGAD’s recommendations to do away with the practice of detaining individuals without trial. Ultimately, the ISA, the EO, the DDA, and the RRA must be
repealed.


At the same time, the government should immediately end the arrests made under the detention-without- trial
laws, and release all individuals who are currently detained under these laws or charge them in a fair and open court.


End Detention of Refugees, Asylum Seekers and Other Vulnerable Migrants

On the detention of immigrants, the WGAD stated that “detention of immigrants should be decided
upon by a court of law, on a case by case basis, and pursuant to clearly and exhaustively defined criteria in legislation”. The WGAD stressed that immigrants should have an effective remedy to challenge the necessity and legality of their detention at any time.


The WGAD also stressed that immigration detention should not be applied to refugees, asylum
seekers and vulnerable groups of migrants, including unaccompanied minors, families with minor children, pregnant women, breast-feeding mothers, elderly persons, persons with disabilities, or people with serious and/or chronic physical or mental health problems.


The Malaysian government has also been urged by the WGAD to ratify the 1951 Convention relating to the
Status of Refugees, a recommendation which has already been made on numerous occasions by SUHAKAM as well as UN member states during the Universal Periodic Review of Malaysia in February 2009.


SUARAM strongly urges the government to immediately implement these recommendations, especially
in refraining from the arrests of refugees, asylum seekers and other vulnerable groups of migrants. The government should also immediately provide a concrete timeframe for the ratification of the 1951 Convention relating to the Status of Refugees.


Invite UN Experts in Other Areas Too
Lastly, while the WGAD expressed its gratitude towards the Malaysian government for its
invitation which made the visit possible, and while being fully aware of the fact that the visit of the WGAD as well as other Special Procedures Mandate Holders of the UN Human Rights Council cannot be made without the host government’s invitation, SUARAM wishes to point out that the WGAD had in fact
made a request for a country visit to Malaysia way back in 2008. It was only in early 2010 that the Malaysian government officially and publicly confirmed its acceptance of the WGAD’s request to visit Malaysia.


To date, the Malaysian government still has not responded to eight pending requests by other Special Procedures Mandate Holders, namely the Special Rapporteur on Human Rights Defenders (request made in 2002); the Special Rapporteur on Indigenous Peoples (2005); the Special Rapporteur on Freedom of Religion (2006); the Special Rapporteur on the Human Rights of Migrants (2006); the Special Rapporteur on Human Rights and Counter-Terrorism (2005); the Independent Expert on Minority Issues (2007 and 2009); the Special Rapporteur on Racism (2008); and Special Rapporteur on the Independence of Judges and Lawyers (2009).


SUARAM therefore calls upon the Malaysian government to extend standing invitations to all
Special Procedures Mandate Holders of the UN Human Rights Council, with particular urgency in responding to the eight mandate holders which have made requests for country visits to Malaysia.




Released by,




John Liu
Coordinator