2011/2012 Subcommittee on Migrants, Refugees and Immigration Affairs Interim Report

The Subcommittee on Migrants, Refugees and Immigration Affairs (“SMRIA”) has met twice for the term 2011/12. 

The foci of SMRIA are the following issues:

(1) Pekerja Asing Tanpa Izin Courts;

(2) Rights of domestic workers in relation to the Employment (Amendment) Bill and International Labour Organization (“ILO”) Convention on Domestic Workers;

(3) Police shooting of foreign nationals;

(4) Refugees and stateless persons in Sabah;

(5) Medical insurance for foreign workers; and

(6) Malaysia’s reports on compliance of ILO conventions.

SMRIA has planned the following activities:

(1) ASEAN Legal Network/Two-day workshop on migrants and refugees

SMRIA has proposed to set up an ASEAN Legal Network with the following objectives:

(a) Set up a network for law societies from the source and destination countries of domestic workers to work with one another on migrant and refugee issues;

(b) Generate a referral mechanism for cases involving migrants and refugees; 

(c) Establish a legal framework on migrant and refugee issues in ASEAN countries, eg on anti-trafficking;

(d) Create a platform for law societies in ASEAN to share information and knowledge on how migrant and refugee rights are protected in different jurisdictions; and

(e) Encourage the law societies to set up a committee on migrants and refugees within their organisation.

A two-day workshop in November 2011 will be organised as the first activity of the ASEAN Legal Network.

(2) Training on international refugee law

In the previous term, SMRIA jointly organised a seminar on international refugee law with the United Nations High Commissioner for Refugees (“UNHCR”) in Malaysia and Judicial and Legal Training Institute (“ILKAP”) on 5 and 6 Aug 2010 at the ILKAP training centre in Bangi. 

The speaker, Rodger Haines QC, is the Deputy Chairperson of the New Zealand Refugee Status Appeals Authority and a lecturer in immigration and refugee law at the Faculty of Law, Auckland University.

The web report for the seminar can be accessed here.

This term, SMRIA will collaborate with UNHCR Malaysia to organise training at Bar Council premises, tentatively scheduled on 12 and 13 Oct 2011.  An official from the UNHCR office in Bangkok will be invited as a speaker for the training.

(3) Dialogue with city councils

The initiative to dialogue with city councils was the result of UNHCR’s new urban refugee policy briefing jointly organised by Bar Council and UNHCR Malaysia on 7 Apr 2010.

The web report for the briefing can be accessed here.

SMRIA will have its inaugural dialogue with the Ampang Jaya Municipal Council (“MPAJ”) to discuss issues concerning refugees within MPAJ’s jurisdiction and services that can be provided to these refugees.  The date will be confirmed soon.

(4) Roundtable Conference: Developing A Comprehensive Policy Framework for Refugees and Asylum Seekers (Part II)

On 23 June 2009, SMRIA successfully organised a roundtable conference to consider current practices and to develop a comprehensive policy framework to enhance the social protection of refugees and asylum seekers.  41 participants attended the conference, including representatives from Suruhanjaya Hak Asasi Manusia Malaysia (“SUHAKAM”), UNHCR, United Nations Children’s Fund (“UNICEF”), International Committee of the Red Cross, Malaysian Medical Association and other members of civil society.

The web report for the conference can be accessed here.

SMRIA prepared a memorandum entitled “Developing a Comprehensive Policy Framework for Refugees and Asylum Seekers” from the views and suggestions collated at the conference.

SMRIA will organise a second part to the conference in October 2011 to map out an action plan for issues raised in the memorandum. 

(5) Proposed exchange of asylum seekers for refugees between Malaysia and Australia

The Malaysian Bar released the following press statements to denounce the arrangement:

(a) “Asylum seekers and refugees are not commodities to be traded” (dated 9 May 2011); and

(b) “Home Minister must walk the PM’s talk in respect of refugee deal with Australia” (dated 3 June 2011).

Following that, the Office Bearers and representatives of SMRIA met officials from the International Court of Justice, Refugee Council of Australia and UNHCR Malaysia, in separate meetings to discuss and exchange views on the arrangement of exchange of asylum seekers between Malaysia and Australia.

SMRIA will organise a roundtable discussion in November 2011 on this matter. 

(6) 60th anniversary of the United Nations Convention Relating to the Status of Refugees and World Refugee Day celebrated on 20 June 2011

On World Refugee Day 2011, the Malaysian Bar issued a press statement entitled “Refugees: Save them from a different kind of hell” (dated 20 June 2011).

The memorandum entitled “Developing a Comprehensive Policy Framework for Refugees and Asylum-Seekers” was released to the press in conjunction with the 60th anniversary of the United Nations Convention Relating to the Status of Refugees and World Refugee Day.  The document was forwarded to the Prime Minister’s office and the Ministry of Home Affairs urging them to look into the plight of asylum seekers and refugees.   

M Ramachelvam

Chairperson

Subcommittee on Migrants, Refugees and Immigration Affairs

Dated 26 Aug 2011

 

Source : www.malaysianbar.org.my