Under strong international pressure, Malaysia has begun protecting refugees in its borders. But a new report shows refugees there still have it very tough - with no legal recognition, and no rights, they're open to abuse, beatings, and trafficking. Malaysia still hasn't ratified the Refugee Convention - and Amnesty International's report calls on the government, once again, to take steps in defence of the most vulnerable.
Presenter: Matt Abud
Speakers: Irene Fernandez. Tenanganita. Director; Dr Graham Thom, Amnesty International researcher
Presenter: Matt Abud
Speakers: Irene Fernandez. Tenanganita. Director; Dr Graham Thom, Amnesty International researcher
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ABUD: Refugees in Malaysia are hidden - official figures say there are around 90 thousand. But rights organisation Amnesty International says the number could be twice as high.
Most of them are from Burma, including from the ethnic Rohingya group, whom the Burmese junta has targeted with extreme persecution.
But in its report, Abused and Abandoned, Amnesty International says refugees have no legal status, and are beaten, arrested, exploited for cheap labour, and trafficked.
One group with regular contact with refugees is migrant labour rights organisation Tenanganita. Director Irene Fernandez.
FERNANDEZ: We receive reports and cases of refugees being arrested almost daily, and I think that is a major security threat for them, which puts them in a state of fear and in a state where they cannot be effectively bring themselves to live as a decent person in this country.
ABUD: Ms. Fernandez says refugees lack health care, or any right to work - which keeps them in poverty and at risk.
Amnesty International says abuse in detention and lack of process is rife.
But Amnesty also says the government is improving refugee policies - very slowly.
Dr. Graham Thom is one of the researchers for Amnesty's report. He says Malaysia came under heavy criticism for human trafficking - which pushed the government into action.
THOM: We've seen a change in leadership in Malaysia and it has responded to reports from organisations like Amnesty, but also the US state department, which severely criticised it in terms of trafficking, and that trafficking by and large was Burmese refugees. It really was a wake-up call for the Malaysian government
ABUD: Malaysian authorities dumped Burmese refugees across the border into Thailand - but people smugglers quickly brought them back. Instead, corrupt officials realised they could make a quick buck if they worked out an arrangement with the smugglers.
THOM: So they decided rather than just dump them, they actually had a commodity, and sold them to the people smugglers across the border. The people smugglers then having to recoup their money extorted it out of the refugees, and if the refugees couldn't pay, the women were sold as sex slaves into brothels in Bangkok, and the men were sold as slaves on fishing trawlers where they'd be taken out to sea for you know a year or years at a time, to work off their debt
ABUD: While the government has taken some moves to clean up its image, only five people have been arrested for trafficking - and no-one convicted so far. Dr. Thom says there's a real risk of impunity in these cases.
Malaysia's Home Secretary Hishamuddin Hussein has suggested a government ID card for refugees, which could help stem abuse by giving a level of official recognition. Dr. Thom says that's a good step forward.
THOM: In the short term we've had some positive noises from the Malaysian government about providing them with legitimate Malaysian identity documents. At the moment they've only got UN documents which have no real legal status.
ABUD: According to reports, Mr. Hussein says the card might get them a better deal on informal odd jobs, without employers exploiting them.
But Irene Fernandez says that these reforms have been talked about for a while.
FERNANDEZ: What we see is it's not been concretized, it's not been put into action. And sometimes I wonder whether it's just a public relations exercise, more than a commitment to respecting their fundamental rights.
ABUD: Ms. Fernandez agrees that Malaysia has moved because of international pressure - and as part of a campaign to get on the United Nations Human Rights Council, among other interests.
But she has little faith in the sincerity of proposed reforms.
Malaysia is just one of the countries where refugees wait, for possible resettlement elsewhere. But with Western countries like Australia and others tightening their borders, that's getting harder all the time. Dr. Thom says the West also has to step up to meet its responsibilities.
THOM: A country like Malaysia does have a significant proportion of refugees, and it is incumbent on countries like Australia, the US, and Sweden to share that burden.
Most of them are from Burma, including from the ethnic Rohingya group, whom the Burmese junta has targeted with extreme persecution.
But in its report, Abused and Abandoned, Amnesty International says refugees have no legal status, and are beaten, arrested, exploited for cheap labour, and trafficked.
One group with regular contact with refugees is migrant labour rights organisation Tenanganita. Director Irene Fernandez.
FERNANDEZ: We receive reports and cases of refugees being arrested almost daily, and I think that is a major security threat for them, which puts them in a state of fear and in a state where they cannot be effectively bring themselves to live as a decent person in this country.
ABUD: Ms. Fernandez says refugees lack health care, or any right to work - which keeps them in poverty and at risk.
Amnesty International says abuse in detention and lack of process is rife.
But Amnesty also says the government is improving refugee policies - very slowly.
Dr. Graham Thom is one of the researchers for Amnesty's report. He says Malaysia came under heavy criticism for human trafficking - which pushed the government into action.
THOM: We've seen a change in leadership in Malaysia and it has responded to reports from organisations like Amnesty, but also the US state department, which severely criticised it in terms of trafficking, and that trafficking by and large was Burmese refugees. It really was a wake-up call for the Malaysian government
ABUD: Malaysian authorities dumped Burmese refugees across the border into Thailand - but people smugglers quickly brought them back. Instead, corrupt officials realised they could make a quick buck if they worked out an arrangement with the smugglers.
THOM: So they decided rather than just dump them, they actually had a commodity, and sold them to the people smugglers across the border. The people smugglers then having to recoup their money extorted it out of the refugees, and if the refugees couldn't pay, the women were sold as sex slaves into brothels in Bangkok, and the men were sold as slaves on fishing trawlers where they'd be taken out to sea for you know a year or years at a time, to work off their debt
ABUD: While the government has taken some moves to clean up its image, only five people have been arrested for trafficking - and no-one convicted so far. Dr. Thom says there's a real risk of impunity in these cases.
Malaysia's Home Secretary Hishamuddin Hussein has suggested a government ID card for refugees, which could help stem abuse by giving a level of official recognition. Dr. Thom says that's a good step forward.
THOM: In the short term we've had some positive noises from the Malaysian government about providing them with legitimate Malaysian identity documents. At the moment they've only got UN documents which have no real legal status.
ABUD: According to reports, Mr. Hussein says the card might get them a better deal on informal odd jobs, without employers exploiting them.
But Irene Fernandez says that these reforms have been talked about for a while.
FERNANDEZ: What we see is it's not been concretized, it's not been put into action. And sometimes I wonder whether it's just a public relations exercise, more than a commitment to respecting their fundamental rights.
ABUD: Ms. Fernandez agrees that Malaysia has moved because of international pressure - and as part of a campaign to get on the United Nations Human Rights Council, among other interests.
But she has little faith in the sincerity of proposed reforms.
Malaysia is just one of the countries where refugees wait, for possible resettlement elsewhere. But with Western countries like Australia and others tightening their borders, that's getting harder all the time. Dr. Thom says the West also has to step up to meet its responsibilities.
THOM: A country like Malaysia does have a significant proportion of refugees, and it is incumbent on countries like Australia, the US, and Sweden to share that burden.
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