The journey of their lives

KUALA LUMPUR, Malaysia - The airport in Kuala Lumpur, the capital of Malaysia, is abuzz with business travelers and tourists lining up at airline counters or hurrying to their boarding gates. At one of the counters, Ismail Arafat, 25, and his wife Safirah Omar, 21, wait anxiously as they prepare to embark on the journey of their lives. The sun has barely risen outside the terminal and the couple’s eight month-old daughter is still asleep in Safirah’s arms. In less than two hours, they will board a plane bound for their new home in the United States. 

 

“I am a little nervous,” Ismail Arafat admits, as he pushes two weather-beaten suitcases towards the check-in counter. “I have never been on an airplane before.” 

 

Their destination is Salt Lake City, Utah. There they will be met by case workers from the International Rescue Committee which is helping to resettle the family. Ismail and Safirah’s long journey began in 2003 when the young couple left their conflict-ridden native country of Myanmar, or Burma, for neighboring Thailand. From there smugglers transported them south to Malaysia. 

 

Life as an urban refugee in Kuala Lumpur proved difficult and dangerous. Ismail and Safirah lived in a grim and grimy apartment block crowded with other refugees. They worked whatever jobs they could find at wages far below what native Malaysians earn. Although the United Nations had recognized the couple as refugees—meaning they could not be deported—and issued them identification cards, they were still constantly harassed by the police.

 

“I often paid the police two week’s salary just so that they would leave me alone,” Ismail says. “I was always looking over my shoulder.”

 

Two years ago, Ismail learned about the U.S. Refugee Admissions Program, administered by the IRC in East Asia, which assists refugees to apply for permanent resettlement in the United States. Since it opened in 2005, the IRC’s Resettlement Support Center, based in Bangkok, Thailand, has helped some 82,000 refugees from the region gain admission to the U.S. 

 

After Ismail and Safirah applied to the program, IRC staff members helped them prepare paperwork, facilitated interviews with U.S government officials, and, once they were accepted for resettlement, scheduled medical screening and provided cultural orientation classes.

 

“It was a long process, but now we are here,” Ismail says, smiling, as his wife and child and two dozen other Burmese refugees, boarding passes in hand, are escorted through immigration to their departure gate. 

 

Upon arriving at the IRC’s Salt Lake City office Ismail and Safirah  meet with their caseworker who is helping them to  find housing, jobs, medical care and to enroll in English classes. All of the IRC’s resettlement offices provide similar services to help refugees get on their feet during their first months in the U.S. 

 

“I’m  looking for work every day,” Ismail says. “But it is difficult with the language. In the meantime I am willing to take any job I can get.” 

 

The couple, meanwhile, is optimistic about their future.

 

“I hope that I will have a good job, maybe in a shop, and a car and a house,” Ismail says. “But most of all I know we have freedom and that our child will become educated. Life is good here.

 

Source : http://www.rescue.org/

Solidarity in Suffering: Malaysia Chin Refugees Pledge Donation to Help Conflict-Displaced Kachins

 The Malaysia Chin Christian Union (MCCU) has decided to raise fund from within its member communities for helping refugees and IDPs (Internally Displaced Persons) in Kachin State.

MCCU said it has started making efforts in informing Chin refugees in Malaysia of the issue to show solidarity and support alongside Chin Christian communities in Chin State to contribute for ethnic Kachins fleeing the ongoing armed conflict.

Last week, the Falam Christian Community (FCC), one of the MCCU members, set aside a initial amount of 2,000 Malaysian Ringgits (about 640 US dollars) from its budget while urging its community members to make more contributions.

"Although we are just refugees here in Malaysia struggling on a daily basis and since we know how difficult it is to be a refugee, we would like to show our concern for Kachin refugees. We learned that they are trapped inside temporary camps along the China-Burma border. We pray for them and will try to make our voices for them," one of the Chin leaders in Kuala Lumpur told Chinland Guardian.

The five-month long military offensives by Burma Army soldiers against Kachin armed forces have internally displaced about 30,000 local people, temporarily sheltered in refugee camps with no adequate food and water, according to reports.

With winter quickly descending, the Kachin refugees are also bracing for the cold weather.

Last week, a delegation of six Chin pastors from the Zomi Baptist Convention returned from their trip to Myitkyina, Kachin State, delivering financial contributions made by Chin churches to leaders of the Kachin Baptist Convention.

Earlier this month Chin Christian churches based in Aizawl, in Mizoram State of India has also conducted a door-to-door collection of contributions from their members to give assistance to Kachin refugees.

The 'Chin Humanitarian Group for Kachin Refugees', a new relief committee formed in attempts to raise awareness and fund among local churches and communities in Mizoram State, is comprised of Bethel Baptist Church, Lairam Issue Krita Baptist Kohran, Carson Baptist Church and Myanmar Christian Fellowship.

Established on 21 March 2011 in Kuala Lumpur, MCCU is an umbrella body of 16 Chin Christian communities and fellowships formed by Chin refugees in Malaysia.

It is estimated that there are about 50,000 Chin refugees stranded in Malaysia after fleeing human rights violations and abuses committed by Burma's military soldiers and local authorities in Chin State, Burma.

Caning: Deterrent or abuse?

Source: Asia sentinel October 25, 2011:There is rising opposition to a Malaysian plan to deport Burmese refugees and asylum seekers from civil rights groups, Malaysia’s leading opposition party and the Asean Inter-Parliamentary Myanmar Caucus until there is job security and safety in their homeland. The Asean caucus, in a press release, said that: “Those who flee Myanmar (as Burma is also known), namely ethnic and other persecuted minorities, remain at risk from persecution of all forms - forced labor, land confiscation, rape, and torture among them - should they continue to live under the military regime. Thus, they risk their lives to find asylum in neighboring states, in pursuit of a dignified, secure and peaceful life elsewhere.” Many of the Burmese belong to ethnic minorities and fled their homeland for fear of forced labor, rape, violence, murder and persecution by the government army, the Asean caucus said. Under the terms of the pact, Malaysia is scheduled to deport 1,000 Burmese currently held at detention centers, mostly for immigration offenses, while Burma will return Malaysian detainees, Malaysian Home Minister Hishammuddin Hussein announced last week. Malaysia, as a relatively rich country with porous borders and geographic proximity to some poor ones, has been wrestling with questions over refugees for months if not years. There are believed to be millions of Indonesian economic migrants in the country as well as an estimated 340,000 Burmese including more than 87,000 refugees registered by the UN High Commissioner for Refugees and an unknown number of Cambodians. In September, a so-called “Malaysia solution” with Australia seeking a regional solution, fell through, leaving both countries in a continuing quandary. Under the proposed policy, announced by Prime Minister Julia Gillard in May, Australia would have accepted 4,000 certified refugees from Malaysia, most of them Christian or Buddhist Burmese, in exchange for 800 asylum seekers who were to be sent to Malaysia. The 4,000 that Australia wished to trade, including unaccompanied children, are currently held on Christmas Island, 2,750 km from Darwin. They are believed to be mostly Muslims. The scheme was an attempt to stem a continuing influx into Australia from poverty-stricken or war-torn countries, particularly Afghanistan and Sri Lanka. The idea behind the swap - to be paid for by the Australian government - was to both seek to come up with a regional solution and to put an end to dangerous boat trips. However, the scheme ran afoul of the fact that Malaysia, like many other Southeast Asian nations, is not a signatory to the United Nations Convention on Refugees and thus, according to lawyers arguing against the plan, there was no way to guarantee that the refugees to be swapped would be treated humanely. In Malaysia, Lim Kit Siang, the chairman of the opposition Democratic Action Party, said that the detainee exchange between Malaysia and Burma should be suspended until there is assurance that both refugees and asylum seekers will be protected from prosecution. “The agreement will only further jeopardize the dignity and security of Myanmar refugees and asylum seekers in Malaysia. Those who flee Myanmar remain at risk of persecution in all forms,” Lim told a press conference in the lobby of Parliament. Speaking with The Irrawaddy, Agung Putri, the executive director of the Asean Inter-parliamentary Myanmar Caucus (AIPMC), said migrants come to Malaysia for different reasons, so the country should review the reasons the Burmese flee to Malaysia. She said many do not come for economic reasons, but because of systematic persecution in their homeland. The refugees, she said, must be categorized differently from Indonesian and Cambodian migrants. “We would like Malaysia to overthrow its policy, and suspend the exchange,” Putri said. On Oct. 19, Suaram, a Malaysian rights group, released a statement saying that the Malaysia-Burma pact could result in some Burmese nationals being forced to return to a country "where their lives could be in danger." Aung Naing Thu, a Burmese activist in Malaysia, told The Irrawaddy that the security of Burmese refugees and asylum seekers is at risk, and employment is uncertain for them if they are deported to Burma. “Many of the refugees don’t want to return to Burma,” he said. “If they do go back, they have to worry about their safety,” said Aung Naing Thu. The human rights situation in Burma, grievous as it remains, is unlikely to be able to ensure such protections, without which Malaysia cannot hope to fulfill its international obligations to ensure that human rights of refugees be protected, said the AIPMC in a statement. The Asean caucus said the refugee swap, “which would see Burmese nationals returned to persecution in their homeland, serves political interests well ahead of these exceedingly serious human rights concerns. Contrary to the principles of international law upon which Asean is founded, such an agreement would only further jeopardize the dignity and security of Burmese refugees and asylum seekers in Malaysia; indeed, who themselves should be considered among the region's most vulnerable.” The caucs called for a halt to any such plans until effective systems can be put place to ensure that such refugees and asylum seekers be protected from persecution upon their return to Burma. “The human rights situation in Myanmar, grievous as it remains, is unlikely to be able to ensure such protections, without which Malaysia cannot hope to fulfill its international obligations to ensure that human rights of refugees be protected.

Source: Asia sentinel October 25, 2011:There is rising opposition to a Malaysian plan to deport Burmese refugees and asylum seekers from civil rights groups, Malaysia’s leading opposition party and the Asean Inter-Parliamentary Myanmar Caucus until there is job security and safety in their homeland. The Asean caucus, in a press release, said that: “Those who flee Myanmar (as Burma is also known), namely ethnic and other persecuted minorities, remain at risk from persecution of all forms - forced labor, land confiscation, rape, and torture among them - should they continue to live under the military regime. Thus, they risk their lives to find asylum in neighboring states, in pursuit of a dignified, secure and peaceful life elsewhere.” Many of the Burmese belong to ethnic minorities and fled their homeland for fear of forced labor, rape, violence, murder and persecution by the government army, the Asean caucus said. Under the terms of the pact, Malaysia is scheduled to deport 1,000 Burmese currently held at detention centers, mostly for immigration offenses, while Burma will return Malaysian detainees, Malaysian Home Minister Hishammuddin Hussein announced last week. Malaysia, as a relatively rich country with porous borders and geographic proximity to some poor ones, has been wrestling with questions over refugees for months if not years. There are believed to be millions of Indonesian economic migrants in the country as well as an estimated 340,000 Burmese including more than 87,000 refugees registered by the UN High Commissioner for Refugees and an unknown number of Cambodians. In September, a so-called “Malaysia solution” with Australia seeking a regional solution, fell through, leaving both countries in a continuing quandary. Under the proposed policy, announced by Prime Minister Julia Gillard in May, Australia would have accepted 4,000 certified refugees from Malaysia, most of them Christian or Buddhist Burmese, in exchange for 800 asylum seekers who were to be sent to Malaysia. The 4,000 that Australia wished to trade, including unaccompanied children, are currently held on Christmas Island, 2,750 km from Darwin. They are believed to be mostly Muslims. The scheme was an attempt to stem a continuing influx into Australia from poverty-stricken or war-torn countries, particularly Afghanistan and Sri Lanka. The idea behind the swap - to be paid for by the Australian government - was to both seek to come up with a regional solution and to put an end to dangerous boat trips. However, the scheme ran afoul of the fact that Malaysia, like many other Southeast Asian nations, is not a signatory to the United Nations Convention on Refugees and thus, according to lawyers arguing against the plan, there was no way to guarantee that the refugees to be swapped would be treated humanely. In Malaysia, Lim Kit Siang, the chairman of the opposition Democratic Action Party, said that the detainee exchange between Malaysia and Burma should be suspended until there is assurance that both refugees and asylum seekers will be protected from prosecution. “The agreement will only further jeopardize the dignity and security of Myanmar refugees and asylum seekers in Malaysia. Those who flee Myanmar remain at risk of persecution in all forms,” Lim told a press conference in the lobby of Parliament. Speaking with The Irrawaddy, Agung Putri, the executive director of the Asean Inter-parliamentary Myanmar Caucus (AIPMC), said migrants come to Malaysia for different reasons, so the country should review the reasons the Burmese flee to Malaysia. She said many do not come for economic reasons, but because of systematic persecution in their homeland. The refugees, she said, must be categorized differently from Indonesian and Cambodian migrants. “We would like Malaysia to overthrow its policy, and suspend the exchange,” Putri said. On Oct. 19, Suaram, a Malaysian rights group, released a statement saying that the Malaysia-Burma pact could result in some Burmese nationals being forced to return to a country "where their lives could be in danger." Aung Naing Thu, a Burmese activist in Malaysia, told The Irrawaddy that the security of Burmese refugees and asylum seekers is at risk, and employment is uncertain for them if they are deported to Burma. “Many of the refugees don’t want to return to Burma,” he said. “If they do go back, they have to worry about their safety,” said Aung Naing Thu. The human rights situation in Burma, grievous as it remains, is unlikely to be able to ensure such protections, without which Malaysia cannot hope to fulfill its international obligations to ensure that human rights of refugees be protected, said the AIPMC in a statement. The Asean caucus said the refugee swap, “which would see Burmese nationals returned to persecution in their homeland, serves political interests well ahead of these exceedingly serious human rights concerns. Contrary to the principles of international law upon which Asean is founded, such an agreement would only further jeopardize the dignity and security of Burmese refugees and asylum seekers in Malaysia; indeed, who themselves should be considered among the region's most vulnerable.” The caucs called for a halt to any such plans until effective systems can be put place to ensure that such refugees and asylum seekers be protected from persecution upon their return to Burma. “The human rights situation in Myanmar, grievous as it remains, is unlikely to be able to ensure such protections, without which Malaysia cannot hope to fulfill its international obligations to ensure that human rights of refugees be protected.

Within the Kajang Prison Unit Security (UKP) are 10 individuals who belong to an elite corps, handpicked to carry out a specialised task that requires both skill and strength. They are all big and strong.

Their powerful build is a necessity for the job; they have to swing a metre-long cane at 160 kilometres per hour to create a force upon impact of 90 kilogrammes. They are the prison’s caning officials.

In 2005 a local daily reported that there were 50 caning officers and executioners in Malaysia. Unlike hanging, caning is a highly sought-after job among prison officials, especially after that year, when the government increased the bonus from RM3 to RM10 per stroke.

“We get many applicants for the job,” said a Kajang Prison UKP official who gave his name only as Baharuddin. “It pays well and it’s not a difficult job if you have the stomach for it.”

Baharuddin confessed that he does not have that hardy a stomach. His tolerance extends only to explaining the graphic images plastered around the Prisons Department booth, which he was manning at the Second General Police and Special Equipment Exhibition and Conference in Putrajaya.

According to him, the training of caning officials involve teaching them to lift the canes, taking a full body twirl and landing the cane on an small target with accuracy. Once they get the hang of this, they sharpen the skill by practising on small sandbags.

“We use three different canes for different purposes,” he said, gesturing at the canes on exhibition. “The first cane is for violent crimes like armed robbery or rape, the second is for white-collar crimes and the third is for juvenile offenders.”

The first cane is also used on illegal immigrants. In 1996, amendments to the Immigration Act made caning mandatory for illegal entry and forging of immigration documents. Six years later, Parliament made immigration violations punishable by “whipping of not more than six strokes”.

Gross atrocity

Amnesty International Malaysia is among the scores of NGOs who have decried whipping as a gross atrocity of human rights and is lobbying hard for this “act of barbarism” to be abolished.

In a report entitled “A Blow To Humanity: Torture by Judicial Caning in Malaysia”, Amnesty estimated that about 10,000 people are caned each year, the majority being foreign nationals.

In 2009, the government revealed that 34,923 foreigners were caned between 2002 and 2008. More than 60% were Indonesians, 14% were Myanmars and 14% were Filipinos.

“Under international human rights law, any punishment that is intentionally inflicted by an official and causes servere pain and suffering to the victim is considered torture,” Amnesty said.

Caning for criminal offences was introduced by the British colonial administration. It imposed the Indian Penal Code on the Straits Settlements in 1870, eventually extending it to the Malay peninsula.

In the 19th century, English criminal law provided for caning for a variety of offences. However, Britain has long abolished caning, as has India.

“Among the Commonwealth countries that have not yet abolished caning, Malaysia is the only country that has a population of over 10 million people and a high level of human development,” Amnesty stated.

Zaman Khan, a former director-general of the Prisons Department, has a dual stand on whipping. While he advocates it as an appropriate punishment for violent crimes, he abhors its use on asylum seekers.

“I have also been the Criminal Investigation Department director and I can tell you that it is very hard to have mercy on perpetrators when you have looked into their victims’ eyes,” he said.

“The people who have hurt the innocent deserve to be whipped. But not genuine refugees who are escaping atrocities in their own countries.”

No distinction

Baharuddin, however, brushed this distinction aside. To him it is simple; whoever breaks the law has to accept the punishment.

He acknowledged the accuracy of most of Amnesty’s report findings as well as the first-hand account of a whipping sentence that Myanmar refugee Nom Khai gave to FMT in an earlier interview.

“But there are some facts that are inaccurate,” he frowned. “We don’t purposely withhold the sentence date and time, like Amnesty claims. The inmates are duly informed when the sentence is passed in court.

“We also provide adequate medical treatment after the caning. The inmate is taken to the prison hospital every day for iodine treatment to prevent infection and speed up the healing.”

Nom Khai told FMT he did not receive any medical treatment aside from iodine, which was swiped across his buttocks with a paint brush immediately after the caning.

Baharuddin elaborated on other aspects of the caning procedure. According to him, the doctor who assesses an inmate’s fitness for caning is meant to check for serious conditions like cancer or heart ailments.

“If an inmate is found to suffer from either, he will be presented in court again for a different sentence, perhaps a longer jail term or a fine,” he explained.

Baharuddin also disputed Amnesty’s report that if an inmate loses consciousness from pain during the caning, the doctor present is ordered to revive him so that the caning can continue.

Physical and psychological scars

“That is not true,” he said. “If the inmate faints, we stop the caning and take him to court. But they don’t usually faint.

“Most of the time, they just scream for their mothers or call out for God’s mercy. Except for the Chinese. They take it very quietly.”

Baharuddin protested against allegations of inmates bribing caning officers to miss a stroke. According to Amnesty’s report, caning officials exploit a loophole in the system that allows for a missed stroke to count as valid.

“If they miss a stroke, they are taken off the team to undergo a refresher course,” he said. “This means they lose their additional income. So why would they risk that?

“Besides, if an inmate is to be given more than three strokes, we switch the officials to maintain momentum. They can’t all be bribed. And there is no such thing as instalments. The inmate receives all his strokes at one time.”

Asked if each stroke was made atop a previous one, Baharuddin replied that it depended on the caning official.

“Sometimes he aims for the same spot, or if he’s in the mood, he goes for the Adidas logo,” he chuckled.

Caning, according to former inmates, leaves both physical and psychological scars. Those interviewed by Amnesty spoke of visible scarring, pain in the remaining wound, pinched nerves, post-traumatic stress disorder and a lightheaded feeling that continued years after the caning.

An inmate told Amnesty that the purpose of caning was not only to punish a person for a past crime but also to deter him from committing another.

But in 2008, Immigration director Baharom Talib said that 4,326 illegal immigrants had returned to Sabah to work after being caned and deported. It is a risk most of them are willing to take for the sake of their and their families’ future.

Kop Thang, who had fled abuses by the military in Myanmar’s Chin state, told Amnesty: “I was crying. I thought of my experiences in Myanmar, being abused and tortured, and now being abused here in Malaysia. I felt I was still not safe.”

Source : FreeMalaysiaToday

People trafficking a trade in human misery that must be stopped

By Najib Razak

 

Where you or I see a man, a woman or an innocent child, people traffickers see only one thing - money. They target the vulnerable and the desperate and exploit them without mercy, taking advantage of people financially, physically, often even sexually.

The sheer heartlessness of the traffickers was demonstrated in the most horrendous manner last December when the man responsible for taking almost a hundred migrants to Australia abandoned his charges in a leaking, overcrowded boat with an engine that was about to fail.

Dozens drowned when the boat struck rocks off Christmas Island. At least five children and three babies were among the dead.

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None of us ever want to witness such scenes again, which is why my government worked with Prime Minister Gillard's to develop a means of stopping the people traffickers - what became known as the ''Malaysian solution''.

Over the past few months, a great deal has been written about both the solution and Malaysia itself, much of it ill-informed and based on politics rather than sober analysis of the facts.

The agreement had a single, simple aim - to smash the business model of the people traffickers by telling potential migrants that spending their life savings and risking their lives to get to Australia would lead them only as far as Malaysia.

This deterrent effect was not about Malaysia being a ''bad'' place, somewhere migrants should be scared of ending up. The simple fact is that Malaysia is not the country that boatpeople heading for Australia want to settle in - and more often than not that is down to economics rather than fears of how they might be treated. Because, despite what you may have heard from those who chose to attack my country, Malaysia is not some repressive, backward nation that persecutes refugees and asylum seekers.

We are a multicultural, multi-ethnic society that has a long and proud history of social harmony and welcoming outsiders - including playing a crucial role in helping to find new homes for hundreds of thousands of people displaced by war in Vietnam, Laos and Bosnia.

Today, Malaysia is home to almost 178,000 refugees, stateless persons and other ''people of concern'' to the United Nations, more than seven times as many as you'll find in Australia. The vast majority are free to live in the community, rather than being held in detention centres. They are entitled to subsidised healthcare and free vaccinations for children. We are working with the UNHCR to develop a scheme that would allow some refugees to take jobs in Malaysia. And, no, refugees are not subjected to routine corporal punishment by the authorities. Once an individual is registered as a refugee with the UNHCR - an organisation that has a substantial presence in our country and gave its support to the Malaysian solution - they cannot be prosecuted for immigration offences.

Genuine refugees are treated with the utmost dignity and respect while they await resettlement elsewhere. What we don't tolerate is illegal immigration and people traffickers, and I'm not going to apologise for taking a tough stance on either.

This week, I'm joining Prime Minister Julia Gillard and the leaders of more than 50 other nations for the Commonwealth Heads of Government Meeting in Perth. The Commonwealth has always been about countries working together for the greater good and the theme of this year's meeting - building global resilience, building national resilience - underlines this.

International co-operation is the only way to solve international problems. Just over 10 years ago, the chaotic Tampa affair showed what happens when nations fail to work with each other and instead try to act unilaterally to tackle a problem such as illegal immigration.

People traffickers do not respect international borders and legal jurisdictions any more than they respect the human rights of their victims, which is why Malaysia and Australia worked together to develop a way of stopping them.

Merely announcing that the arrangement was being discussed contributed to a 50 per cent fall in the number of boatpeople heading to Australia in the first half of this year and I believe that, once up and running, it would have had a serious impact on the exploitative actions of people smugglers.

At this point, it would be easy to give up, to tell ourselves that we tried but the problem was too big, too politically difficult to deal with. And the people-smuggling would go on. The boats would continue to sail. Heartless traffickers would continue to take everything from desperate people - their money, their dignity and, all too often, their lives.

As the Prime Minister of a progressive, liberal nation, I'm not prepared to stand by and watch that happen. Malaysia has always led south-east Asia in dealing with international problems, so we will continue to work with Australia, and our partners across the region and beyond, to find new ways of stopping the traffickers for good.

It is too early to say exactly what the next stage in the fight will look like, but one thing is clear - we cannot afford to play politics with people trafficking. It is nothing less than a 21st century trade in human misery and it must not be allowed to continue.

Najib Razak is the Prime Minister of Malaysia.

Read more: http://www.smh.com.au/

Laments of a stateless people

GIVING a voice to the refugees: that is the best way to describe Life Sdn Bhd 7: Refugees. Produced by The Actors Studio in collaboration with the United Nations High Commissioner for Refugees Malaysia (UNHCR), this theatre production will be staged at The Actors Studio@Lot 10 from tomorrow (Oct 26) to Sunday (Oct 30).

Ahmed, Khampi, Ngun Siang, Raine, Sharifah, Theepika and Trasia are refugees from Myanmar, Somalia and Sri Lanka who will be narrating their hopes and fears in having to leave their home country and making the perilous journey to Malaysia, and how being here has changed their lives.

“Theirs is a heart-wrenching story of detention, abuse, fear, neglect and humiliation,” says Datuk Faridah Merican, Actors Studio co-founder and director of this production. “[But] it is also a story of resilience, courage, hope and love.”

Faridah adds that she is not directing actors in this production. “I am simply guiding them in telling their true stories and I am not putting words in their mouths.”

Her main role is giving them the strength, power and courage to stand up on stage and tell their story as honestly as possible. “It is not going to be easy,” she says. “They will be going through all kinds of emotions and that is understandable.

“They come here because they are running away from something which is truly unbearable. You simply cannot imagine what some of them have gone through and, fortunately, we do not live like that. They are just looking for a place to stay where they can live a life as a normal human being.”

Joe Hasham, the artistic director for Life Sdn Bhd 7: Refugees and also Faridah’s husband and co-founder of Actors Studio, admits that the production has opened his eyes on the refugee issue in Malaysia.

“The most horrible thing for any human being is to lose his/her dignity and these refugees have lost that,” he says. “They cannot work legally or send their children to school legally.”

Joe hopes that Life Sdn Bhd 7: Refugees will help open the eyes of the people from other countries, like his birth country Australia, that Malaysia is not as horrible a place as that painted by some of their media. “No one is saying Malaysia is perfect,” says Joe who has been living in this country for more than three decades. “But it is certainly not as bad as the Australian media has made Malaysia out to be.”

Over 95,000 refugees from 50 countries are registered with the UNHCR in Malaysia. Alan Vernon, a UNHCR representative, believes most people have the wrong impression that refugees are migrants who are looking for economic opportunities. “The truth is that most refugees are forced to leave their countries because of persecution and armed conflict,” he explains.

He feels this production will be an excellent platform for Malaysians to understand the refugees better and inspire them to think how they, in their own individual capacity, can help these refugees. “Refugees do not want to be a burden to any one,” says Vernon. “Like everybody else, they want to be self-reliant too.”

Joining the refugees on the stage will be Susheela Balasundaram of UNHCR, and Miss Universe Malaysia 2011 and refugee advocate Deborah Priya Henry who will be sharing her experiences working with refugees.

“There are some Malaysians who feel we should not make refugees our problem,” says Deborah. “But the reality is that they are here. Ignoring them and pretending that they do not exist is not the best solution for the problem.

“Imagine a society that has no education and imagine a society where adults cannot work. Eventually, they will become a social problem that will hurt us as Malaysians. I am not saying that we give them citizenship. But we could at least provide them with proper education and perhaps, allow the adults to work.

“[Remember], you and I can be a refugee tomorrow because of certain circumstances [beyond our control].”

Adding spice to the production are singer-cum-songwriters Ian Chow and Ariff Akhir who will be performing their original compositions that capture the essence of the refugees’ struggles.

Also, part of the proceeds from the production will be going towards the Refugee Welfare Fund that provides emergency medical and welfare assistance to refugees in Malaysia.

Life Sdn Bhd 7: Refugees opens tomorrow at 8.30pm. For tickets and enquiries, call 03-2142 2009.

Source : TheSundaily

Possible Deportation and Crackdown Worries Chin Asylum Seekers .



Refugees in Line for 6p registraiton



21 October 2011: 'Unregistered' Chin refugees and asylum seekers in Malaysia said they are in fear of possible deportation to their country under the new Malaysia-Burma deal.

And concerns have grown in light of Malaysia's plan to launch a major crackdown on 'undocumented' as early as within the next two months.

Some believe that the crackdown will start as early as the first week of November with RELA, a volunteer corps, police and soldiers being in charge of the raid.

There are more than ten thousand Chin refugees, who have not been registered with the UNHCR, according to ACR (Alliance of Chin Refugees) and CRC (Chin Refugee Committee).

"Chin asylum seekers, who are still in the process of the UN registration or are not registered yet, are so worried about the impending crackdown. There is not much we can do to help them," a 'registered' Chin refugee told Chinland Guardian.

Malaysia has recently introduced a '6P programme' under which undocumented foreign workers and migrants, including asylum seekers and refugees are required to register with the government in an effort to 'regularize' their status.

The move has created much confusion and concerns among the refugees, as many of those trying to register under the program were given a slip that says "Return to your home country."

The '6P' registration is believed to resume early next month. And about 2.3 million people, of which half are undocumented, have registered with more than 60,000 children on the list, according to reliable sources.

There is much confusion among the refugees over the question of what will happen to those who have not registered and what will follow, as the re-registration under the 6P program and the crackdown may happen at the same time.

Meanwhile, rights groups have condemned the newly agreed Malaysia-Burma deal that will allow deportation of Burmese nationals detained in Malaysia back to their country, saying the move will put their lives in serious danger. Under the deal, Malaysia and Burma are to exchange prisoners detained in each of the two countries. But it is unclear how many Malaysians are being detained in Burma.

In response, Mayalsia has tried to reassure that asylum seekers and refugees will not be included in the swap deal. But rights groups point out that the lack of proper mechanism to screen potential asylum seekers raises serious concerns that those with otherwise genuine refugee claims may inevitably be included.

About 1,000 Burmese nationals are currently detained in Malaysia, according to Malaysia's Home Minister, Hishammuddin Hussein.

Since early June, Burma's new government has launched fresh military offensives in the ethnic areas, resulting in the killing of civilians and the displacement of thousands of civilians IDPs (internally displaced persons) and refugees, especially in Kachin State.

In its statement on Tuesday, SUARAM said: "Due to such situations happening in Burma, there is a large possibility that a majority of Burma nationals detained in detention centres are genuine refugees."

"By returning these detainees (refugees) to country or places where they may face persecution or threats to their life, Malaysia is in breach of international customary law of non-refoulement which prohibits the return of people to places where they may face persecution or threats to their life or freedoms."

As of last month, the UNHCR has registered over 94,000 refugees, of which more than 90 percent are from Burma. It is estimated that about 50,000 Chin refugees are stranded in Malaysia.

Burma still remains on the list of the world's worst human rights abusers alongside Libya, North Korea and Sudan, according to a 2011 report by an independent watchdog organization, Freedom House.

---

Chin Christian pastor Rev. Thawng Dun Robbed In Kuala Lumpur

22 October 2011:

Chin Christian pastor Rev. Thawng Dun was on Wednesday robbed of his bag by two Malay speaking thugs while walking home in Jalan Imbi near the Time Square shopping center in Kuala Lumpur, Malaysia.

The Chin Christian Church's pastor said his bag was snatched from his hand by two men who stopped him on the high road around 11pm, adding: "I have got a Bible, my Burmese passport and eyeglasses in my bag."

"Startled by their action, I didn't run after them to get my bag back. Instead, I scurried towards our apartment," said the pastor, who was preaching to Chin refugees in Sentul at night.

Later that night, his Bible was found on the platform near the main road where the incident took place, according to the Seihnam newsletter.

Until today, the two muggers have not yet been known.

Rev. Thawng Dun, from Zokhua village in Hakha Township, Chin State, is working as a pastor of the Chin Christian Church in Kuala Lumpur, Malaysia.

Concern grows for safety of repatriated detainees

A Burmese refugee in Malaysia's capital of Kuala Lumpur. A proposed swap of illegal migrants between Malaysia and Burma could see hundreds of Burmese detainees repatriated to an uncertain fate. Photo: AFP/Mohd Rasfan

New Delhi (Mizzima) – The ASEAN Inter-Parliamentary Myanmar Caucus (AIPMC) has issued a statement urging Burma and Malaysia to delay a detainee swap deal between the two countries over fears for the safety of those sent back to Burma.

AIPMC clarified their concerns in a statement issued on Thursday, with the grouping of ASEAN legislators explaining that Burmese citizens fled to Malaysia owing to various human rights violations occurring in their home country.

“We call on the authorities concerned to delay the swap deal until Burma has a system to protect refugees and asylum seekers from being tortured by Burmese authorities,” the statement said.

Malaysian NGO Suaram contends the program is forcing Burmese citizens to return somewhere "where their life could be in danger."

Henry from the Chin Refugee Committee told Mizzima, “If those people are sent back to Burma it’s sure that they will encounter problems. We cannot guess about the current attitude of the government regarding their security. So, we cannot heartily agree [to the swap] because we don’t believe in our government.”

"The Malaysian government is giving greater recognition to the undemocratic and tyrannical government in this region," furthered Suaram.

However, Malaysian Home Affairs Minister Datuk Seri Hishammuddin Hussein told reporters on Tuesday that Burmese political refugees and asylum seekers would not be included in the 1,000 Burmese detainees to be sent back to Burma.

Burma Campaign–Malaysia estimates that 3,000 Burmese illegally in Malaysia are being detained in 13 camps across the country.

According to Henry, those detained include about 200 Chin, many of whom will be included in the swap.

“There are UNHCR card holders, non-holders and people whose passports expired. Some people have UNHCR cards. But they don’t know whether they will be sent back to Burma or not. If the authorities send all people back they will also be included in the swap program,” Henry said.

Henry added that it is difficult to make inquires at detainee camps and that detainees are frequently transferred between camps. It is still unclear who would bear the transportation costs for the return of any detainees.

There are 500,000 Burmese in Malaysia, the second largest immigrant population in the country. Most Burmese in Malaysia are either Chin or Karen.

A stroke of searing pain

A young Myanmar refugee speaks about the torture that takes place in the caning room of detention centres.

 

FEATURE

There are some wounds that time doesn’t heal. For these wounds the only balm is the ceasing of nightmares and the loose embrace of normality once again. But the passageway between darkness and light is never quite sealed.

Nom Khai, 26, has been traversing this passageway for the past three years. He lives mostly in the light these days but a single flashback can hurl him right back into the dark pool of pain and fear.

In October 2008, Nom Khai was en route to the UN High Commissioner for Refugees (UNHCR) to apply for his refugee card when he was stopped by police.

As a Myanmar refugee living in Malaysia for three years he was used to such occurrences and braced himself for yet another interrogation. If he was lucky he would be let off without being relieved of all his money this time.

Instead he was arrested and subsequently bundled off to a prison near Kuala Lumpur where he spent the next three months waiting to be told of his fate.

The news finally arrived and with it came the first arrow of fear. Nom Khai was to be transferred to a detention camp.

“I was taken to court where the judge passed a sentence I couldn’t understand,” he told FMT through a translator. “My translator told me it was a three-month jail term and one stroke of the cane.”

“I was scared but he tried to comfort me by saying that other detainees had received harsher punishments. What we weren’t told was the date and time of the caning.”

A typical Inmate Card provides the precise number of years and months of the penal sentence and the number of strokes but not when the sentence will be executed.

Mental torture

Caned inmates interviewed in a recent Amnesty International report, entitled “A Blow to Humanity: Torture by Judicial Caning in Malaysia”, described this indefinite period of waiting as “mental anguish” and “like waiting to be hanged”.

“At first I was calm until one of my cellmates was caned,” Nom Khai said. “I saw the pain he was in and at one point his wound was exposed. That’s when I began feeling really scared.”

“We were told that if we bribed the prison officials we wouldn’t be hit so hard. I think the fee was about RM300. I would have paid but I didn’t have any money.”

Caning officers receive regular salaries as prison officials and a bonus for each caning they perform based on the number of strokes. In 2005, the government raised that bonus from RM3 to RM10 per stroke.

Amnesty also learnt that caning officers exploit a loophole in the caning procedure whereby a stroke that misses is still counted as a stroke. For a bribe, some caning officers will agree to miss one.

But since inmates don’t know which caning officer will be assigned to them, other prison officials are used as middlemen.

Nom Khai was eventually told of his date and time of the caning a week ahead. As the day drew closer he cried himself to sleep.

“At 11am that morning 30 of us were called out and assigned numbers,” he recalled. “Mine was 12. Then we had to stand in a line outside the caning room.”

While waiting for their turn the inmates were ordered to strip and don a small loin cloth that covers the genitals but leaves the buttocks exposed. A doctor checked then checked their heart and blood pressure to certify their fitness to be caned.

“We weren’t told the reason for the examination,” Nom Khai said. “But no one was rejected.”

Completely immobilised

From the waiting area the sounds of the actual caning were clearly audible. Inmates have described it as the sound of fireworks exploding accompanied by screaming and crying.

“Boom boom boom!” Nom Khai said solemnly. His translator flinched. “Some inmates had to be carried out because they couldn’t walk or had fainted. I was finally called in at 1pm.”

Then he fell silent and stared at his hands. His subsequent narration of what took place in the caning area was succinct.

“My hands and feet were spread and tied to wooden bars. I couldn’t move. I heard the prison official shout out ‘one’ and then I felt the cane. I have never felt such pain before.”

The Amnesty report has chronicled the events from the waiting area to the caning area. According to the interviewees, when an inmate enters the caning area a prison officer reads the sentence aloud after which the inmate is forced to respond, “Terima kasih, tuan”.

The inmate is then taken to a scaffolding of an A-frame truss where his hands and legs are tied, a belt is fastened around his waist and an open panel is placed around his buttocks.

Inmates told Amnesty that the restraints rendered them completely immobilised and the resulting sense of powerlessness was terrifying. The report went on to describe the excruciating details of the caning.

“Once the inmate is secured a guard counts out the strokes. At each count the caning officer lifts his cane, takes a full-body twirl and lands the end of his cane directly on the victim’s buttocks,” the report said.

“The canes are over one metre long, 1.25cm in diameter and rinsed in saltwater so it is heavy. It travels up to 160 kilometres per hour to shred the victim’s naked skin, turn the fatty tissue into pulp and leave permanent scars that extend all the way to muscle fibres.”

Bucket of iodine

The report added that the impact of the caning causes the inmate to lose muscle control in the buttocks and at times even over his urinary and bowel functions. Nom Khai nodded silently when asked if this account was accurate.

“Before we left the area we had to bend over in front of a guard who dipped a paint brush in a bucket of iodine and brushed it over our wounds,” he said. “That was all the medical treatment we got.”

“I had to lie on my stomach for the first week and I was only able to sit after a few weeks. The scar is still visible and even now it hurts if I sit for too long.”

Since no special clothing is provided to the caned inmates, they cut out the seat of their pants to avoid the cloth from sticking to the wound.

Nom Khai was released four days after his caning and promptly sold to a syndicate in Thailand by, he alleged, Malaysian authorities. FMT was unable to verify this claim. But he returned to Malaysia within a week.

“I’m seeking asylum in the US,” he explained. “As soon as I am granted it, I will bring the rest of my family to Malaysia and we will leave together. I don’t want to live here anymore.”

Since his detention, Nom Khai has been arrested five more times but none resulted in another caning sentence. He continues to live in fear but insisted that he has no other choice.

“I left Myanmar because the junta took my father away and returned him with two broken legs,” he said. “Then the junta came for me, so I ran to Thailand and now I’m here. I’m the sole breadwinner and I’m earning more in Malaysia than I did in Thailand.”

“But it’s a difficult situation. If I return to Myanmar, I will surely be killed. If I remain in Malaysia, I am an illegal and the punishment for that is like a death sentence.”

*In 1996, amendments to the Immigration Act made caning mandatory for illegal entry and forging of immigration documents. In 2002, Parliament made immigration violations punishable by “whipping of not more than six strokes.”

Source : FreeMalaysiaToday

Burmese refugee starts rooftop protest after two-year wait for release

The Refugee Action Coalition Sydney released the statement below on October 23.

A Burmese refugee in detention two weeks short of two years began a roof top protest at the Darwin detention centre Sunday night, 23 October.

The 33 year-old Rohingyan man has been found to be a refugee but has now been waiting for two years for ASIO to complete his security check. He has knocked the electric fence on the roof between north 1 and north 2 compounds and is under close surveillance by Serco guards.

See also:
Mental anguish, torment: daily life for detained refugees
Darwin detention centre ‘a humanitarian disaster’, says refugee group

The man told other asylum seekers that he could not take it any longer. He has a wife and two sons in Malaysia. His whole family has only recently been released after being jailed for nine months on immigration violations.

Refugee Action Coalition spokesperson Ian Rintoul said: “The man should be immediately released. Last week ASIO revealed to a Senate estimates hearing that it does not require refugees to be in detention while security checks are completed.

“There are at least two other Rohingyan refugees in Darwin in the same situation and hundreds in detention centres across Australia. They all should be released.

“The Darwin protester is a recognised refugee, yet he has been deprived of his liberty for two years. By depriving him of any possibility of earning a living, the government has also inflicted two years of misery and deprivation on his family. The anxiety caused is a form of mental torture.

“We are also calling for Serco to act with restraint with respect to the roof top protest. In several incidents recently, Darwin roof top protesters have been beaten when they have come down from the roof. It has also been revealed that Serco has indulged in the dangerous practice of refusing water to roof top protesters as a means of forcing them end their protest.

“The Darwin detention centre should be the subject of an open inquiry. The whole centre is a tinderbox running on damage control, as the detainee’s despair increases day by day. Its high security North 3 compound where protesters or others deemed to be trouble-makers are often imprisoned is also developing a reputation for the mistreatment of asylum seekers.

“Minister Bowen recently announced that the community should expect an increased use of bridging visas and community detention to release asylum seekers. This man has been recognized as a man to whom Australia owes protection — there are no excuses for the Minister not to release him.”

Source : http://www.greenleft.org.au/

Tenaganita on radio interview “refugees in Malaysia”

Katrina Maliamauv from Tenaganita spoke about the plight of refugees and asylum-seekers in Malaysia on the BFM radio on 06-Oct-11. Due to their undocumented status, refugees and asylum-seekers in Malaysia are denied of basic rights such as education and healthcare, live in dire conditions and face other severe rights violations. They are subject to arrest, detention and refoulement despite the fact that they possess registration cards provided by UNHCR. Women and girls are at risk of facing sexual abuse. Katrina highlighted that the situation in the Asia Pacific region got worse and the recent refugee swap deal between Malaysia and Australia is descriptive of the situation where we have a signatory to the 1951 Refugee Convention negating its obligations, denying the access to sanctuary to the people who have suffered tremendous abuse.

She proposed that the Malaysian government sign the 1951 Refugee Convention and other relevant human rights instruments and actually put it into practice by protecting and promoting rights of refugees. As one of the ASEAN members, the Malaysian government also needs to engage the Burmese government and address the root causes of refugee flight. She emphasized the importance of involving other actors such as NGOs in facilitating the process.

You can listen to the interview at: http://bfm.my/refugees-in-malaysia-6-october-2011.html

Source : refugeerightsasiapacific.org

Malaysian Govt Pressured to Suspend Detainee Exchange with Burma

Malaysia should delay deporting Burmese refugees and asylum seekers until there is safety and job security in their homeland, according to Malaysian rights groups and the leading opposition party.

The calls came in response to a plan to exchange detainees reached between Kuala Lumpur and Naypyidaw earlier this month.

Under the deal, Malaysia will deport the 1,000 Burmese currently held at Malaysian detention centers, mostly for immigration offenses, while Burma will send back Malaysian detainees, Malaysian Home Minister Hishammuddin Hussein announced this week.

Lim Kit Siang, the chairman of the Malaysian opposition Democratic Action Party and a member of the Malaysian Parliament, said that the detainee exchange between Malaysia and Burma should be suspended until there is an assurance that refugees and asylum seekers will be protected from prosecution when they return to Burma.

“The agreement will only further jeopardize the dignity and security of Myanmar refugees and asylum seekers in Malaysia. Those who flee Myanmar remain at risk of persecution in all forms,” Lim Kit Siang told a press conference in the lobby of Parliament on Friday.

There are at least 340,000 Burmese in Malaysia, including more than 87,000 refugees registered by the UN High Commissioner for Refugees. Many belong to ethnic minorities and fled Burma for fear of forced labor, rape, violence, murder and persecution by the government army.

Speaking with The Irrawaddy on Friday, Agung Putri, the executive director of the Asean Inter-parliamentary Myanmar Caucus (AIPMC), said that migrants come to Malaysia for different reasons, so the country should review the reasons the Burmese flee to Malaysia. She said many do not come for economic reasons, but because of systematic persecution in their homeland.

She said that Burmese refugees must be categorized differently from Indonesian and Cambodian migrants.

“We would like Malaysia to overthrow its policy, and suspend the exchange,” said Putri.

On Wednesday, a leading Malaysian rights group, Suaram, released a statement saying that the deal between Malaysia and Burma could result in some Burmese nationals being forced to return to a country "where their lives could be in danger."

Aung Naing Thu, an Burmese activist in Malaysia, told The Irrawaddy on Friday that the security of Burmese refugees and asylum seekers is at risk, and employment is uncertain for them if they are deported to Burma.

“Many of the refugees don’t want to return to Burma,” he said. “If they do go back, they have to worry about their safety,” said Aung Naing Thu.

Rights groups said that is a high possibility of persecution for those who are sent back to Burma.

The human rights situation in Burma, grievous as it remains, is unlikely to be able to ensure such protections, without which Malaysia cannot hope to fulfill its international obligations to ensure that human rights of refugees be protected, said the AIPMC in a statement.

Source : http://www.irrawaddy.org/

Halt detainees swap between Malaysia and Myanmar

Bangkok, 21 October, (Asiantribune.com):

 

ASEAN Inter-Parliamentary Myanmar Caucus (AIPMC) has called for a halt 'swap deal' plans, between Malaysia and Myanmar until effective systems be put place to ensure that such refugees and asylum seekers be protected from persecution upon their return to Myanmar.

AIPMC notes with serious concern on recent developments of the Malaysian government's plan to implement the detainees exchange program with Myanmar. This plan will result around 1,000 people from Myanmar, detained in Malaysia, deported from the country. There will be a possibility of persecution for those who are sent back to Myanmar.

The human rights situation in Myanmar, grievous as it remains, is unlikely to be able to ensure such protections, without which Malaysia cannot hope to fulfill its international obligations to ensure that human rights of refugees be protected.

Those who flee Myanmar, namely ethnic and other persecuted minorities, remain at risk from persecution of all forms - forced labor, land confiscation, rape, and torture among them - should they continue to live under the military regime. Thus, they risk their lives to find asylum in neighboring states, in pursuit of a dignified, secure and peaceful life elsewhere.

We wish to reiterate that such a 'swap deal', which would see Burmese nationals returned to persecution in their homeland, serves political interests well ahead of these exceedingly serious human rights concerns. Contrary to the principles of international law upon which ASEAN is founded, such an agreement would only further jeopardize the dignity and security of Burmese refugees and asylum seekers in Malaysia; indeed, who themselves should be considered among the region's most vulnerable.

We also note with concern that the Malaysian Government has, in recent months, further completed the registration under the 6P programme. There must be a total change in the governments approach and policy with regard to the grave issue of the Burmese refugees in the country. As a first step the Malaysian government should accord them as refugees.

There should be a timely and efficient refugee registration process to gives certainty to refugees with regards to their in-country status, and thus assists to protect their rights. We also call upon the Malaysian government to ensure that detainees are provided access to both representatives from legal and non-government organizations, as they embark on a long route to ensuring their inherent rights are formally recognized when lodging asylum claims. Finally, we strongly urge the Malaysian government to ensure that all refugee registrations be undertaken in full collaboration with the UNHCR, who consistently act to ensure the rights of refugees are both explicitly recognized and protected.

- Asian Tribune -

Opposition to Malaysia refugee swap grows

By AFP

Malaysia’s opposition and rights groups on Friday stepped up calls for the government to drop a plan to send home some of the Burmese citizens who have been detained for immigration offences.

Home Minister Hishammuddin Hussein this week announced a plan to send back an unspecified number of the roughly 1,000 people from Burma who are held in immigration detention centres in a bid to ease overcrowding.

Some Malaysians held in Burma would be sent home in return.

“We cannot proceed with such a swap as those who flee Myanmar [Burma] remain at risk of persecution from the military regime,” opposition lawmaker Lim Kit Siang told AFP.

The United Nations’ refugee agency also spoke out against the plan.

“Refugees and asylum-seekers… should not be deported to a country where their human rights might be at risk,” UNHCR Malaysia spokesperson Yante Ismail said.

Malaysia’s handling of refugees has come under scrutiny since a controversial swap deal earlier this year that would have seen Australia send 800 illegally arrived boatpeople to Malaysiain exchange for 4,000 registered refugees.

Rights groups had moved to block the swap out of concern for the fate of the boatpeople, and an Australian court eventually scuppered the deal.

Malaysia’s top rights group SUARAM earlier this week said those sent back to Burma would be in danger from its military regime and that the plan would legitimise a Southeast Asian nation known for its human rights abuses.

Malaysian officials have said poor standards and overcrowding in the country’s immigration detention centres had led to several breakouts in recent years.

Malaysia is not a signatory to the 1951 Convention on the Status of Refugees which governs the definition and rights of refugees and legal obligations of signatories.

Activists say Malaysia is used as a staging post for trafficking gangs engaged in moving people from Afghanistan and Burma to Australia.

Malaysia to deport 1000 Burmese

The federal government maintains that sending asylum seekers to Malaysia is its preferred policy. Photo: Angela Wylie

THE Malaysian government plans to deport 1000 Burmese being held in immigration detention back to Burma, after reaching a deal with the Burmese government for a ''swap'' of detainees.

The federal government maintains that sending asylum seekers to Malaysia is its preferred policy and the best deterrent to stop boat arrivals to Australia.

However, human rights groups in Malaysia have expressed alarm that Malaysia's latest swap deal breaches the United Nations Refugee Convention principle of ''non-refoulement'', or returning people to danger.

The High Court's ban on sending asylum seekers to Malaysia was driven by the absence of legal safeguards in Malaysia against such returns.

The peak group for Burmese in Malaysia, the Chin Refugee Committee, said that despite statements by Home Affairs Minister Hishammuddin Hussein that refugees would not be deported, it was common for Burmese asylum seekers, who must work illegally, to be arrested.

Committee spokesman Simon Sanghre told The Age it often took months, and up to a year, for the UNHCR to get Burmese released from immigration detention.

''We are really, really concerned our people will get sent back to the country. They risked their lives to get here,'' Mr Sanghre said.

Newly arrived Burmese who are yet to receive UNHCR papers are at particular risk.

''It's easy to be arrested. Whenever raids occur, 100 per cent sure they will be arrested and sent to detention centres. We have to give information to the UNHCR and they visit the centres,'' Mr Sanghre said.

Mr Hishammuddin told Malaysian reporters he had informed the UNHCR that genuine refugees would not be deported ''but at the same time do not use refugee status as an excuse to dump so many people who are not eligible in our country''.

There are about 87,000 registered Burmese refugees living in Malaysia.

A Department of Foreign Affairs spokeswoman said the Australian High Commission in Malaysia was ''following the issue closely''.

''We note Malaysian Home Affairs Minister Hishammuddin has given public assurances that none of the Burmese to be returned are refugees or asylum seekers. We also note UNHCR is in regular dialogue with the Malaysian government,'' she said.

UNHCR Malaysia spokeswoman Yante Ismail said the refugee agency encouraged all governments, including Malaysia, to protect asylum seekers.

Ms Ismail said UNHCR had good access to asylum seekers in detention.

Read more: http://www.theage.com.au/national/malaysia-to-deport-1000-burmese-20111020-1ma9b.html#ixzz1bPREhYkx

Malaysia-Myanmar Detainee Swap Plan Raises Worries

KUALA LUMPUR, Malaysia (AP) — Malaysia’s leading rights group criticized a government proposal to send some detainees from Myanmar home, saying Wednesday that their lives could be in danger in the military-dominated country.

Malaysian Home Minister Hishammuddin Hussein announced this week that his country has agreed in principle to deport an unspecified number of about 1,000 Myanmarese citizens held at Malaysian detention centers for immigration offenses. Myanmar would send back Malaysian detainees under the deal.

The deal is meant to curb overcrowding at Malaysian detention facilities and would not affect Myanmarese detainees who are eligible for refugee protection, Hishammuddin said.

However, Malaysia’s leading rights group Suaram said the proposal could still result in some Myanmarese citizens being forced to return to a country “where their life could be in danger.”

“The Malaysian government is giving greater recognition to the undemocratic and tyrannical regime in this region,” Suaram said in a statement.

There are at least 340,000 Myanmarese living in Malaysia, including more than 87,000 refugees registered by the U.N. refugee agency. Many belong to ethnic minorities that left home for fear of persecution by the army, forced labor and extra-judicial killings.

The U.N. High Commissioner for Refugees’ spokeswoman in Malaysia, Yante Ismail, said Wednesday that asylum-seekers should “not be deported to a country where their human rights might be at risk.” She added that UNHCR currently has “good access” to people who want to apply for refugee protection in Malaysia.

Malaysia’s Bar Council, the country’s main grouping of lawyers, said it cautiously welcomed the plan because it would free Myanmarese detainees from overcrowded Malaysian centers that pose health risks. But lawyers want safeguards to ensure the detainees won’t suffer “retributive or punitive action by their own government,” the Bar Council said.

Malaysia’s plan with Myanmar was announced after another people swap deal with Australia was scrapped earlier this month. Under that plan, Australia would have sent asylum seekers to Malaysia in return for Canberra resettling registered refugees from Kuala Lumpur, but the Australian High Court ruled it illegal.

Rights groups had criticized the Australian plan, arguing that asylum seekers are treated poorly in Malaysia, which has not signed the U.N. refugee treaty.

Source : By Sean Yoong, Associated Press

M'sia-Myanmar deal 'could endanger detainees'

KUALA LUMPUR - Malaysia's leading rights group has criticised a government proposal to send some detainees from Myanmar home, saying yesterday that their lives could be in danger.

Home Minister Hishammuddin Hussein announced this week that Malaysia has agreed in principle to deport an unspecified number of about 1,000 Myanmar citizens held at Malaysian detention centres for immigration offences. Myanmar would send back Malaysian detainees under the deal.

The deal is meant to curb overcrowding at Malaysian detention facilities and would not affect Myanmar detainees who are eligible for refugee protection, Mr Hishammuddin said.

However, Malaysia's leading rights group Suaram said the proposal could still result in some Myanmar citizens being forced to return to a country "where their life could be in danger".

"The Malaysian government is giving greater recognition to the undemocratic and tyrannical regime in this region," Suaram said in a statement.

There are at least 340,000 Myanmar people living in Malaysia, including more than 87,000 refugees registered by the United Nations refugee agency. AP

Burma detainee swap does not include refugees: Malaysia

Ko Pauk New Delhi (Mizzima) – 

Burmese refugees and their children who have settled in Malaysia chat in their house in Kuala Lumpur in August 2011. Photo: AFP



Burmese political refugees will not be included in a detainee swap deal between Burma and Malaysia.

The Malaysian Home Affairs Minister Datuk Seri Hishammuddin Hussein told reporters on Tuesday that Malaysia checked the refugees’ status with the United Nations High Commissioner for Refugees (UNHCR) before forging an agreement with Burmese Deputy Foreign Minister Maung Myint.

About 1,000 Burmese detainees who will be sent back to Burma under the recent detainee agreement are not asylum seekers or refugees, officials said.

“I’ve talked to the UNHCR and made it clear that the UNHCR will not stop those who are really eligible for refugee status. But, at the same time, please don’t use the refugee status as an excuse to dump so many people who are not eligible in our country,” the minister said.

His remarks were in response to two NGOs, Migrant Care Malaysia and Tenagantila, which are worried about the swap deal because most of the Burmese in Malaysia are asylum seekers.

Illegal foreigners including 3,000 Burmese, have been detained in 13 camps across Malaysia, Tun Tun, the official in charge of Burma Campaign – Malaysia, told Mizzima.

“They have been imprisoned for criminal offences. And when they were released from prisons or when their work permit or visa expired, they were sent to the detention camps. Some of them are illegal workers,” Tun Tun said.

Burma Campaign – Malaysia estimates that there are 500,000 Burmese including more than 100,000 refugees or asylum seekers, the second largest number among the number of other refugees in Malaysia.

Under Malaysia’s “6Ps” program started in August more than 250,000 Burmese citizens were fingerprinted to register as legal workers. Burmese social organizations have said the  Malaysian government may launch a crackdown on illegal migrant workers within a few months.

Nyan Win, a Burmese worker rights activist in Malaysia, told Mizzima that if the detainees swap programme is an effort to send back people who have difficulties to return their country, the plan will be good.

“Normally, if a person has refugee status with UNHCR, the person will not be forced to return. The 1,000 Burmese detainees who will be sent back to Burma could not afford to buy air tickets. That’s why Malaysian government and Burmese government have planned to exchange detainees,” Nyan Win said.

Most of the migrants from Burma are Chin and Karen who have formed pro-democracy groups and human right groups. They stay in Malaysia by using identity cards issued by those groups, but the cards are not officially valid.

Presently, Burma is still scrutinizing the names of Malaysian detainees and the exact number of detainees is  unknown.

In a press conference in Malaysia on Tuesday, the ASEAN Inter-Parliamentary Myanmar Caucus (AIPMC) called for a halt to the exchange program, saying it had serious concerns about the implementation of the programme with Burma.

“We wish to reiterate that such a 'swap deal', which would see Burmese nationals returned to persecution in their homeland, serves political interests well ahead of these exceedingly serious human rights concerns. Contrary to the principles of international law upon which Asean is founded, such an agreement would only further jeopardize the dignity and security of Burmese refugees and asylum seekers in Malaysia,” it said in a statement.

“The human rights situation in Myanmar, grievous as it remains, is unlikely to be able to ensure such protections, without which Malaysia cannot hope to fulfill its international obligations to ensure that human rights of refugees be protected.”

The refugee registration process should offer certainty to refugees with regards to their in-country status, and they should be provided access to both representatives from legal and nongovernment organizations, the statement said.