Malaysian refugees are nervously awaiting tomorrow's High Court decision, to determine whether or not they'll be relocating to Australia. If the court rules in favour of the Federal Government's controversial swap deal, up to 4000 humanitarian refugees could soon be making their way to Australia. Should the decision go the other way, many say they'll come anyway, not via government transfer but boat.
CHRIS UHLMANN, PRESENTER: Tomorrow, the High Court will rule on the Government's plan to swap asylum seekers in Australia for Malaysian-based refugees. The deal has been condemned by activists, but the refugees are hoping it goes ahead because it holds the hope that they might get to Australia by legitimate means. If it doesn't, many say they will go back to dealing with people smugglers. South East Asia correspondent Zoe Daniel reports from Kuala Lumpur.
ZOE DANIEL, REPORTER: If Chan Hmung has a spring in his step, it's because life is finally about to change for the better. Now a refugee in Malaysia, Chan was a soldier in the Chin Rebel Army in Burma and became a target of the military government, facing forced labour or death. Seven years ago he escaped, smuggled out of Burma by a human trafficker, but it was years before he could get his family out, too.
CHAN HMUNG, BURMESE REFUGEE (translated): I felt very depressed whilst separated from my family. I was so worried about how they would survive.
ZOE DANIEL: Chan and his wife and their four boys are among the 90,000 odd refugees in Malaysia, mostly from Burma. Over the years here they've had no legal access to work, healthcare or government-run schools because refugees have no rights under Malaysian law. But in just a few days, Chan Hmung and Mang Doi and their boys will begin a new life in Brisbane. They've been accepted for permanent residency in Australia.
MANG DOI, BURMESE REFUGEE (translated): I am very glad and cried. We live in hard conditions in Malaysia. I cry at night from difficulties. The Australian people wish to call us, and when we received this letter, I feel so glad and have happiness which I cannot express.
ZOE DANIEL: She describes evading arrest and extortion by immigration police in Malaysia, as well as mistreatment by others in positions of power, like employers and landlords. A life in Australia is a life of hope for people who have had little.
MANG DOI (translated): I have huge expectations and hopes about going to Australia.
ZOE DANIEL: The boys also have big plans.
SON OF CHAN HMUNG AND MANG DOI (translated): I want to go study and learn English as well. I also love to swim and I'm very excited.
SON OF CHAN HMUNG AND MANG DOI II (translated): I plan to play football in Australia and join an Australian football club.
ZOE DANIEL: But 18 people live in this tiny flat, and those who haven't been chosen this time hope they will be next. Under the swap, 4,000 extra refugees from Malaysia will be given permanent places in Australia. That number should still stand, even if Australia can't send 800 back.
The aim of the swap is to stop people smugglers, yet since it was announced, boatloads of people have arrived at Christmas Island - mostly from Afghanistan, but also Iran, Iraq and stateless people from Pakistan. It's unclear whether they knew about the deal and were trying to reach Australia before it was finalised, but it seems that they didn't come from existing refugee communities in Malaysia. Refugee activist Irene Fernandez says demand from conflict zones will keep driving the boat trade.
IRENE FERNANDEZ, REFUGEE ACTIVIST, TENAGANITA NGO: People are fleeing because their lives are threatened, and therefore people who get onto any boat are fleeing for the safety and to ensure safety of their lives. Now, this deal is not going to stop that fleeing of people from their countries.
ZOE DANIEL: Khalid Altimimi is an Iraqi who first learnt about the refugee swap from us when we met a few weeks ago. He has since started an informal support group for Iraqis, and is trying to convince them that they're better off waiting for a legitimate place than taking a boat.
KHALID ALTIMIMI: I think people can be patient to the new deal, but we cannot control all of them. I do not guarantee that many people will not go trying by boat.
ZOE DANIEL: Emad has been here for more than two years. He says he will wait for the High Court's decision tomorrow. If the deal falls over, he will take a boat.
Are you still thinking of going?
EMAD FADHEL NASER, IRAQI REFUGEE (translated): Yes, I am. If there is an agreement, I will stay here. If not, I will leave.
ZOE DANIEL: Arranging transport to Australia seems surprisingly easy. To demonstrate, Khalid calls a broker in our presence - an Iraqi in Thailand who can help coordinate contact with a people smuggler in Indonesia. The contact is nervous, but Khalid persists.
BROKER (translated): So like I told you, this is of no concern to me, I scared about this subject.
KHALID ALTIMIMI (translated): So brother, don't be scared, we are all Iraqis. We just want to discuss how to help our people.
ZOE DANIEL: Khalid tells the broker he wants to take his three children with him on the boat and asks about safety.
KHALID ALTIMIMI (translated): Is it a ship or a boat?
BROKER (translated): It's a small boat.
KHALID ALTIMIMI (translated): Is it a small boat... a fishing boat that is used for catching the fish?
BROKER (translated): Yes it's a fishing boat.
KHALID ALTIMIMI (translated): I want to know if there is no danger?
BROKER (translated): Yes there is danger, but what else to do for this situation?
ZOE DANIEL: The broker tells Khalid he can take a boat any time, and to pay the smuggler directly. The main incentive not to take a boat for this group is the chance of a legitimate place in Australia. But with only 4,000 extra places over four years, few Iraqis will be that lucky. It's likely Burmese refugees will get the bulk of the places. So, if the High Court rules the deal to send those who take boats back to Malaysia invalid, there will be renewed incentive here to make a deal with a smuggler. After four years waiting, Wissam is one of those who has almost lost patience.
WISSAM HUSSEIN, IRAQI REFUGEE: Not have choice. Have two choice: go to Iraq, we will die. Go to boat, 100 per cent: 50 per cent you will die, 50 per cent you will go to new life. So the better: boat. This is my choice.
ZOE DANIEL: And he is not the only one losing his life to waiting.
MARIAM, IRAQI ASYLUM SEEKER: For two years I don't go to school and now I want to go to school.
ZOE DANIEL: Tomorrow, they will be waiting on the High Court.
ZOE DANIEL, REPORTER: If Chan Hmung has a spring in his step, it's because life is finally about to change for the better. Now a refugee in Malaysia, Chan was a soldier in the Chin Rebel Army in Burma and became a target of the military government, facing forced labour or death. Seven years ago he escaped, smuggled out of Burma by a human trafficker, but it was years before he could get his family out, too.
CHAN HMUNG, BURMESE REFUGEE (translated): I felt very depressed whilst separated from my family. I was so worried about how they would survive.
ZOE DANIEL: Chan and his wife and their four boys are among the 90,000 odd refugees in Malaysia, mostly from Burma. Over the years here they've had no legal access to work, healthcare or government-run schools because refugees have no rights under Malaysian law. But in just a few days, Chan Hmung and Mang Doi and their boys will begin a new life in Brisbane. They've been accepted for permanent residency in Australia.
MANG DOI, BURMESE REFUGEE (translated): I am very glad and cried. We live in hard conditions in Malaysia. I cry at night from difficulties. The Australian people wish to call us, and when we received this letter, I feel so glad and have happiness which I cannot express.
ZOE DANIEL: She describes evading arrest and extortion by immigration police in Malaysia, as well as mistreatment by others in positions of power, like employers and landlords. A life in Australia is a life of hope for people who have had little.
MANG DOI (translated): I have huge expectations and hopes about going to Australia.
ZOE DANIEL: The boys also have big plans.
SON OF CHAN HMUNG AND MANG DOI (translated): I want to go study and learn English as well. I also love to swim and I'm very excited.
SON OF CHAN HMUNG AND MANG DOI II (translated): I plan to play football in Australia and join an Australian football club.
ZOE DANIEL: But 18 people live in this tiny flat, and those who haven't been chosen this time hope they will be next. Under the swap, 4,000 extra refugees from Malaysia will be given permanent places in Australia. That number should still stand, even if Australia can't send 800 back.
The aim of the swap is to stop people smugglers, yet since it was announced, boatloads of people have arrived at Christmas Island - mostly from Afghanistan, but also Iran, Iraq and stateless people from Pakistan. It's unclear whether they knew about the deal and were trying to reach Australia before it was finalised, but it seems that they didn't come from existing refugee communities in Malaysia. Refugee activist Irene Fernandez says demand from conflict zones will keep driving the boat trade.
IRENE FERNANDEZ, REFUGEE ACTIVIST, TENAGANITA NGO: People are fleeing because their lives are threatened, and therefore people who get onto any boat are fleeing for the safety and to ensure safety of their lives. Now, this deal is not going to stop that fleeing of people from their countries.
ZOE DANIEL: Khalid Altimimi is an Iraqi who first learnt about the refugee swap from us when we met a few weeks ago. He has since started an informal support group for Iraqis, and is trying to convince them that they're better off waiting for a legitimate place than taking a boat.
KHALID ALTIMIMI: I think people can be patient to the new deal, but we cannot control all of them. I do not guarantee that many people will not go trying by boat.
ZOE DANIEL: Emad has been here for more than two years. He says he will wait for the High Court's decision tomorrow. If the deal falls over, he will take a boat.
Are you still thinking of going?
EMAD FADHEL NASER, IRAQI REFUGEE (translated): Yes, I am. If there is an agreement, I will stay here. If not, I will leave.
ZOE DANIEL: Arranging transport to Australia seems surprisingly easy. To demonstrate, Khalid calls a broker in our presence - an Iraqi in Thailand who can help coordinate contact with a people smuggler in Indonesia. The contact is nervous, but Khalid persists.
BROKER (translated): So like I told you, this is of no concern to me, I scared about this subject.
KHALID ALTIMIMI (translated): So brother, don't be scared, we are all Iraqis. We just want to discuss how to help our people.
ZOE DANIEL: Khalid tells the broker he wants to take his three children with him on the boat and asks about safety.
KHALID ALTIMIMI (translated): Is it a ship or a boat?
BROKER (translated): It's a small boat.
KHALID ALTIMIMI (translated): Is it a small boat... a fishing boat that is used for catching the fish?
BROKER (translated): Yes it's a fishing boat.
KHALID ALTIMIMI (translated): I want to know if there is no danger?
BROKER (translated): Yes there is danger, but what else to do for this situation?
ZOE DANIEL: The broker tells Khalid he can take a boat any time, and to pay the smuggler directly. The main incentive not to take a boat for this group is the chance of a legitimate place in Australia. But with only 4,000 extra places over four years, few Iraqis will be that lucky. It's likely Burmese refugees will get the bulk of the places. So, if the High Court rules the deal to send those who take boats back to Malaysia invalid, there will be renewed incentive here to make a deal with a smuggler. After four years waiting, Wissam is one of those who has almost lost patience.
WISSAM HUSSEIN, IRAQI REFUGEE: Not have choice. Have two choice: go to Iraq, we will die. Go to boat, 100 per cent: 50 per cent you will die, 50 per cent you will go to new life. So the better: boat. This is my choice.
ZOE DANIEL: And he is not the only one losing his life to waiting.
MARIAM, IRAQI ASYLUM SEEKER: For two years I don't go to school and now I want to go to school.
ZOE DANIEL: Tomorrow, they will be waiting on the High Court.
Source : ABC.au
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