Saturday, April 30, 2011

Malaysia: Invest in Solutions for Refugees

Introduction

Malaysia has taken significant steps forward in improving refugee rights. In the past year, there have been no reported attempts to deport Burmese refugees to the border with Thailand and a decrease in immigration raids and arrests of registered refugees. But these advances have not yet been codified into written government policy, leaving refugees considered “illegal migrants” and subject to arrest and detention. The Government of Malaysia should build on this progress by setting up a system of residence and work permits for refugees. The international community should mobilize additional funds for the UN Refugee Agency (UNHCR) and non-governmental agencies to leverage this opportunity to improve refugee rights.

Grant refugees residence and work permits


Malaysia is host to over two million migrant workers, out of a total population of 28 million. The number of registered refugees in the country is over 80,000 and the Government has not yet set up a legal or administrative framework for the refugees to distinguish them from other migrants in the country. They do not recognize the fact that unlike other migrants, these refugees are not able to return to their countries of origin. Over ninety percent of the refugees in Malaysia come from Burma where ethnic minorities, such as the Chin, Rohingya and Karen, are subject to systematic human rights abuses.

Although refugees are not legally permitted to work in Malaysia, in practice they are doing unskilled, low-paid jobs that Malaysian citizens do not want to do. Refugees International (RI) interviewed many Rohingya refugees, a Muslim Burmese minority group which is also stateless, who spoke of their frustrations at being unable to get better jobs and earn more for their families. Employers are worried about hiring them because of their illegal status or employers exploit them because they know that they will not have recourse to justice. Their illegal status forces them into taking irregular day laboring jobs, and does not permit them to get insurance, so they cannot claim compensation if they are injured at work.

Despite a significant reduction in immigration raids and detention over the past year and an increase in respect by police for UNHCR refugee cards, RI interviewed many registered refugees who had still been stopped by police and forced to pay bribes to avoid being arrested. As one Rohingya man said: “The only document we have is a UNHCR refugee card, but it does not cover working here. I have to support nine family members, but I can’t work permanently in one place. Without documents we can’t do good jobs.” A Rohingya woman told RI that UNHCR offered her micro-credit to set up a small sewing business but she turned the money down. She said: “If we are not legally allowed to move freely and to sell our products, how can we repay a loan? We would have to risk being arrested to pay it back.” These types of dilemmas face all refugees in Malaysia currently.

It is in the interests of the Government of Malaysia to implement a residence and work permit scheme for refugees. Malaysian employers seek migrant workers from abroad, but there is already a source of workers from the refugee community in the country. Setting up residence and work permit schemes that include a path to permanent residence for refugees would solve many of Malaysia’s labor needs and would allow for the government to benefit economically from taxation and money transfer fees. The current situation encourages corruption by officials and exploitation by employers, but a new system would reduce people-trafficking and smuggling, enhance Malaysia’s security, enable the government to know who is on its territory, and improve Malaysia’s image with the international community.

There have been previous residence and work permit schemes for specific foreign groups in Malaysia, such as Indonesians and Filipinos, and in 2006 there was an attempt to set up such a system for Rohingya refugees. The Government of Malaysia has recently commissioned a study to consider setting up a residence and work permit scheme for Rohingya refugees, which should be established promptly and extended beyond just the Rohingya refugee community. The Government of Malaysia should seek the technical assistance of UNHCR to avoid difficulties that have beset some previous attempts.

Increase UNHCR funding to invest in solutions for refugees
Over the past two years UNHCR has registered 35,000 more refugees in Malaysia, increasing the total number from 45,000 to over 80,000. Further, they have registered more than 11,000 asylum-seekers. Yet, despite doubling their beneficiary caseload, UNHCR has had no increase in funding. UNHCR’s operating budget remains at US$7.5 million, despite its Global Needs Assessment showing a requirement of US$16 million. At a time when the Malaysian government is progressive in its approach towards refugees, the lack of adequate financial support to UNHCR represents a serious missed opportunity. Investment at this time is a cost-effective way of finding actual solutions to refugee protection problems.

Australian funding permitted a mobile registration campaign for a large group of refugees in a relatively short period. Those resources have now been exhausted. UNHCR plans to conduct 18,000 registration interviews for Burmese cases in 2011 but lacks funding for more. RI met with refugees who had recently arrived in Malaysia, but UNHCR could not interview and register them until 2012 due to the growing backlog. r Only family reunification and particularly urgent cases are being fast-tracked for registration. Possession of UNHCR registration cards is the only protection that refugees have against arrest and detention, and lack of staffing to carry out faster registration interviews due to funding shortages needs to be addressed.

Asylum seekers told RI that it was very difficult to reach UNHCR staff and that guards and junior staff at the gate of the UNHCR compound did not allow them in. One vulnerable asylum seeker living outside of Kuala Lumpur told RI that he had tried to set up an appointment three times but had not succeeded. During RI’s visit, it was clear that UNHCR staff was overwhelmed with hundreds of visitors on a daily basis and there was a need for well-trained staff and translators.

UNHCR in Malaysia only has an office in Kuala Lumpur and their staff rarely travel to visit refugees living outside the capital. UNHCR proposed setting up an office in Penang, where many refugees and asylum seekers are living, but they have not had the funding to achieve this.

UNHCR staff also intervene when refugees are detained for immigration offenses. Given the government’s recent policy of recognizing UNHCR refugee cards and not detaining registered refugees, UNHCR is usually successful in obtaining refugees’ release. They also interview asylum-seekers held in detention. But lack of staffing and the need to cover eleven immigration detention centers around the country means that it usually takes around two months before they secure the refugee’s release. Increased UNHCR staffing or a legal aid program in the detention center would reduce the amount of suffering by detainees and their families, and also reduce overcrowding and unnecessary costs to the Malaysian detention system.

Since refugees have not been permitted to access most government services, UNHCR has had to provide assistance to the most vulnerable. In the past few years, they have supported refugee community schools, assisted families with chronic or serious medical needs, and helped survivors of sexual and gender-based violence. Beneficiary numbers have now doubled, and this means that previously inadequate funding now has to be stretched even further.

Refugees in Malaysia do not live in camps, but instead in urban and rural settings, which make it more challenging for UNHCR to reach out to the most vulnerable. Nonetheless, UNHCR has increased its outreach through refugee community committees to communicate with refugees. This innovative practice could be replicated in other urban refugee settings to advance UNHCR’s work globally under its new urban refugee policy. For example, in 2010 they set up the Social Protection Fund (SPF), which provides small grants for refugee community-led projects, such as skills trainings, language classes and income-generation projects. Unfortunately, the lack of funding has meant that, despite its many successes, the SPF has had to be cut in half in its second year. Projects like these empower refugee communities and are much more cost-effective than those run through NGOs, yet funding cuts will reduce their impact this year.

Allow equal access to government schools and health facilities

Refugee children should be allowed to attend government schools. Currently they are only allowed to attend refugee community schools, which have a much poorer standard of education and which do not equip them for successful futures, whether in Malaysia or in another country. Many Rohingya refugee children told RI that in their   schools they are only studying religion and English. There are some NGO-run schools for refugee children that cover more subjects, but these lack resources and qualified teachers.

Many of the refugee community schools are a significant distance from where the refugees live, and this creates problems with transport, particularly in a situation where people are afraid they could be stopped by the police. There is a problem with retention of Rohingya children in the refugee community schools. Many Rohingya families do not allow their daughters to attend school after they reach puberty. Their fear for their daughters’ safety and reputation is exacerbated by the need to travel long distances. Many boys have to drop out of school to make money, particularly since children are less likely to be arrested than their parents. UNHCR is hoping to launch a youth education program, but funding is currently lacking.

Given the precarious legal and economic situation of refugees in Malaysia, most cannot afford access to the medical system. The government has provided refugees with discounted fees for medical care recently, but foreigners, including asylum seekers, still have to pay a much higher rate in government facilities than Malaysians. The US Bureau of Population Refugees and Migration (PRM) funds an NGO-run clinic that assists refugees, including those who are not yet registered, which is a vital service that needs continued funding.

UNHCR used to “fast-track” cases of pregnant refugee women to get them registered quickly, so that they would be able to access medical care using the refugees’ discounted rate. UNHCR has stopped this practice because their statistics suggested that desperation to get registered quickly was leading  women to seek getting pregnant for this purpose. This change in UNHCR policy has resulted in difficulties for some pregnant women to access medical care, which again underscores the urgency for refugees to gain access to Malaysian health facilities.

Support projects that address refugee women’s needs

Most refugee community organizations are male-dominated, making it difficult for refugee women to gain access to female translators and staff of NGOs or UNHCR. There is a need to increase female staff in these roles, and to ensure that all staff are trained to be aware of sexual and gender-based violence (SGBV). A refugee woman told RI that she had only been able to seek help to escape serious violence by her husband because “a UNHCR officer was approachable and asked me the right question at the right time in the right way.” She urged UNHCR staff to find a way to ask refugee women separately from their husbands if there is anything happening in their family life that is putting them at risk.

UNHCR responds to cases of SGBV that come to its attention, but they are limited in their ability to conduct outreach and need greater capacity for providing shelter and community reporting mechanisms. PRM is funding a NGO to provide a community outreach program for refugee women on SGBV, a relatively new approach in urban refugee settings, which needs to be developed further. Refugee women often have limited freedom of movement, due to fears of arrest, and many Rohingya women have to seek their husband’s permission to leave the home at all. Further, they cannot access the police and legal assistance because of their own illegal status in the country, making community outreach even more important. There is also a need to involve men in SGBV programs and to seek out community and religious leaders who would be willing to raise awareness with men of the negative impacts of SGBV on communities.

There is a common perception that the Rohingya community in Malaysia is almost exclusively male. In fact, the demographics of the Rohingya community in Malaysia have been changing, and there are increasing numbers of Rohingya women arriving in Malaysia to join their husbands or to be married. The Rohingya have tended to be a very traditional Muslim community. RI interviewed many Rohingya women, who said they wished to have access to skills and language trainings with a view to take on income-generating activities within the home. Some also said they would like to participate in a Rohingya women’s group, and that they hoped that UNHCR could give the impetus for such a group to start.

Many Burmese refugee women have suffered sexual violence in their country of origin as the Burmese government has used this as a tactic against ethnic minority communities. Refugees in Malaysia, both male and female, have also suffered many other horrific human rights abuses, creating a need for mental health support. PRM is funding an NGO to provide mental health services to refugees, and this type of funding needs to continue.

UNHCR cannot cover all of the services that are needed by the refugee community, and there is a need for more funding for NGOs to carry out these types of essential services for refugees, particularly for refugee women.

Improve immigration detention conditions

Refugees who had been held in both immigration detention and in jail told RI that conditions in immigration detention centers are significantly worse than conditions in jail. Previously detained refugees told RI that food and water are inadequate and unhygienic in the centers. Last year eight people died at KLIA center after a bacterial outbreak due to rats’ urine in the water supply. Former detainees told RI that guards beat or kicked them. They also complained of extreme heat during the day, cold at night without appropriate clothing, and no mosquito netting. This resulted in many sicknesses, as well as skin diseases such as scabies. One former detainee told RI of a little girl dying in the room she was held in due to the heat. Guards reportedly choose at whim which detainees receive help when doctors are visiting and often, the sickest detainees are not brought forward.

Conditions must be improved, and the practice of detaining refugees for immigration offenses and of sentencing refugees to caning must be stopped. Legal assistance and representation for refugees would help reduce or avoid imprisonment and caning of refugees and avoid deportation of trafficking victims.

Government recognition of UNHCR refugee cards is improving, but there are still many refugees held in immigration detention centers in Malaysia. Access by UNHCR and by NGOs to the immigration detention centers is limited. NGOs are only permitted to visit two of the detention centers. If refugees have no family or friends to inform UNHCR of their detention, they are unlikely to receive support due to the limited access by UNHCR and NGOs. One refugee committee reported that in some cases detainees must pay a bribe for officials to notify UNHCR of their presence.

Malaysia’s image as a modern country is severely damaged by the state of its immigration detention centers. Overcrowding is the primary reason for the inhuman conditions. Yet, this would be reduced if the government stopped detaining refugees for immigration offenses.

Melanie Teff and Lynn Yoshikawa assessed the plight of Burmese refugees in Malaysia in March 2011.

Policy recommendations
  • The U.S., Australia and other key donor governments should urge the Government of Malaysia:
    • to work with UNHCR to provide refugees with the legal right to residence and employment in Malaysia,
    • to allow refugee and asylum-seeker children access to government schools,
    • to allow refugees and asylum-seekers to pay the same fees as citizens for health care,
    • to improve the conditions in immigration detention centers and allow UNHCR and non-governmental organizations (NGOs) full access to detainees.
  • UNHCR headquarters should allocate increased funding to its Malaysia operation.
  • The U.S. and other key donor governments should increase funding to UNHCR and to local NGOs to enable them to increase support for refugees, including legal assistance, medical care and gender-based violence programs.

International Women’s Day: A Stateless Woman’s Story

On International Women’s Day we celebrate women’s achievements and we push for further progress towards real equality. But a large group of women around the world are being shut out of enjoying any progress – women who have no citizenship of any country. Their statelessness means that no government protects their rights.

In Malaysia last week I met with Gultaz, who was 9 months pregnant and very scared. Her story illustrates the type of problems that many stateless women around the world face, forced to hide themselves away and unable to advance in their lives.

Gultaz is a Rohingya – a Muslim ethnic minority group from western Burma – and she is both stateless and a refugee. The Rohingya have no rights in Burma and their lives are made impossible by such practices as forced labor, displacement and systematic physical assault and rape. They are not allowed to marry or travel to other villages unless they pay prohibitively high taxes. The Burmese authorities stripped the Rohingya of their Burmese citizenship in 1982, arguing that they are Bangladeshi. But the Bangladeshi government also does not accept the Rohingya as their citizens. So the Rohingya community is stateless, with no government that accepts them.

Gultaz, her family and neighbors were displaced from their village near the archaeological ruins or Mrauk-U in Arakan State. The military wanted to develop the site for tourism and forcibly relocated them with no compensation. The Burmese authorities used brutal force to require Gultaz’s husband to work for them for no pay. They beat him in the face, and he has had two eye operations to try to repair the damage he suffered. He fled without being able to inform Gultaz of where he was going, so she was left alone struggling to look after their young son and suffering persecution from the Burmese authorities.

Eventually, Gultaz learned that her husband had made his way to Malaysia. She could no longer ensure the survival of her son in Burma and she decided that she had no option but to travel illegally, with her 12 year-old son, to Bangladesh, where they took a boat to Thailand. Then they made their way to the border between Thailand and Malaysia. Gultaz and her son were arrested there for illegal entry into Thailand, and they were held in a Thai detention center for more than three months. The conditions in the detention center were appalling for her and her child. When they got out of the detention center they managed to cross the border into Malaysia and she and her son were reunited with her husband.

Gultaz was relieved to get to Malaysia, where the UN Refugee Agency (UNHCR) is permitted to assist the Rohingya. UNHCR registered her and her son as refugees in Malaysia, because they had a well-founded fear of persecution in Burma, and they were given official UN refugee cards. But, despite allowing UNHCR to register refugees there, Malaysia has not signed the international convention on refugees, and it still arrests foreigners who enter the country illegally, even if they are refugees or stateless.

Three years after arriving in Malaysia, when Gultaz was five months pregnant with her second child, she and her husband were both arrested by immigration authorities and were held in detention. Gultaz said that it was terrible being pregnant in the Malaysian detention center, with inadequate food and unclean water, and she had difficulty getting medical attention. After two months, UNHCR secured the release of Gultaz from the detention center. Over the past two years Malaysia has reduced arrests of refugees registered with UNHCR, but Gultaz’s experiences make her too scared to go out.

Gultaz struggles to survive economically, as her husband is still ill, but her fear of going out prevents her from taking up possible opportunities. She was offered a loan under a micro-credit scheme, but she refused as she was worried she would not be able to repay it. She pointed out that since she does not have the right to work in Malaysia she fears she could be arrested again while trying to sell any products she would make. And she does not want to default on a loan.

When I asked Gultaz what she hoped for the future, she told me that her life was over (although she is only 37) and all she thinks of is her children’s future. Her older child never went to school. She hopes that her 3 year-old daughter will be allowed to go to government schools so that she will have a future.

On International Women’s Day we must not forget that there are millions of stateless women around the world like Gultaz, and we should push governments to recognize their rights.

Monday, April 25, 2011

Malaysia: Burmese Chin Refugees on the Run




Kavita Shukla and Larry Thompson
   ri@refugeesinternational.org or 202.828.0110

m

On March 1, 2005, the government of Malaysia initiated a nationwide operation to crackdown on
undocumented migrants living and working in the country. The operation is likely to have a negative
impact on refugees and asylum seekers from Burma and the Aceh region of Indonesia.  Chin refugees
from Burma are especially vulnerable.

The Chin Refugee Committee (CRC) estimates that 12,000 Chin live in Malaysia, of which more than
9,000 are registered with the CRC.  More than 2,500 Chin have applied for registration as asylum seekers
with the Office of the UN High Commissioner for Refugees (UNHCR) and have been provided with
documentation that identifies them to Malaysian authorities. Nearly all of the Chin in Malaysia are males.
A few of the Chin --- probably more than 200 --- are unaccompanied minors, under 18 years old. 

On a recent visit to Malaysia Refugees International met with several hundred Chin in Kuala Lumpur, the
jungles where they were living near the new administrative center of Putrajaya, and the Cameron
Highlands.  Most of the Chin in Kuala Lumpur and other urban areas are employed as construction
workers and those in rural areas work on plantations and farms.   Many of them have been in Malaysia for
several years, but few speak Malay or are integrated into the country.  They are on the run, taking shelter
where they can, finding employment --- and often exploited --- as day laborers, attempting to evade the
police and immigration authorities, and often being subjected to detention and deportation. 

RI met with one group of Chin in a high rise apartment in which 40 of them, including 2 women, live. 
However, most of them, fearing police raids, go to a nearby wooded area to sleep at night.  In the jungles
near Putrajaya, a group of 300 men live in crude huts with roofs of plastic sheeting.  The settlement has
been there for seven years and has been burned down four times by the police, but the Chin rebuild each
time. They are fortunate to have water.  A local charitable organization dug a well and occasionally a
mobile health clinic comes to the settlement. In the high, cool, Cameron Highlands, where vegetables and
tea are grown, Chin live in warehouses and sheds on plantations, staying out of sight of local authorities.
Malaysia is a middle income country, but the conditions under which the Chin are living are often
deplorable.     

The Chin told RI that they came to Malaysia to escape persecution by the army and police of Burma. 
They told of being arrested, imprisoned, and tortured for alleged ties to the Chin National Front, an
organization resisting the Burmese government, of being subjected to forced recruitment as laborers, and
of being persecuted for being Christians.  Most of the Chin are Baptists, but with a sprinkling of Roman
Catholics, Presbyterians, and Assembly of God members. The Chin refugees left families behind and paid
“agents” to assist them to escape from Burma, passing through Thailand en route to Malaysia, while often
being forced to work on Thai fishing boats to pay off debts to their agents. RI did not encounter any Chin
who had returned to Burma for a visit. All said it would be too dangerous.  Thus, they have often been
separated from their families for several years.            



The Chin do not have an easy life in Malaysia.  They are working illegally, jobs are irregular, bribes must
be paid to local authorities and police, and there is always the fear of detention and deportation. About
120 Chin are presently in squalid detention centers in which they may languish for months or even years
while their cases are being decided.  Many more Chin reported to us that they had been informally
deported by being dumped across the border into Thailand from where they made their way back to
Malaysia.  The Chin were unanimous in saying that what they most needed in Malaysia was legal
protection which would prevent them from being arrested and deported and allow them to work. Their
second greatest need was access to medical care.  

UNHCR has built up an impressive and important presence in Malaysia and is doing an excellent job
interceding with the Malaysian government to register and protect refugees from detention, deportation,
and other abuses.  The Malaysian government on its part has been less harsh in this most recent refugee
roundup than it was in years past.  But refugees still complain that the UNHCR registration process is too
slow.  Chin in locations distant from the UNHCR office in Kuala Lumpur, such as the Cameron
Highlands, are mostly unregistered because of the cost and the risk of going to UNHCR to register.  
Also, UNHCR registration cards and letters are not always respected by local authorities.      

The Malaysian crackdown on undocumented migrants has demonstrated that the country is heavily
dependent upon migrants for labor.  Many construction sites were closed down because of shortages of
labor during RI’s visit.  It would make sense for the Malaysian government to afford protection to the
refugees and asylum seekers in its country while making it possible for them to be employed legally. Both
the country and the refugees would benefit.          

Refugees International, therefore, recommends that:

•  UNHCR continue its work protecting and assisting refugees in Malaysia and speed up the
registration process for refugees and asylum seekers, especially in outlying areas where refugees
are mostly unregistered.   
•  International and local NGOs and aid agencies provide humanitarian assistance to the Chin
refugees in Malaysia, especially for health care. Very few international NGOs work in Malaysia
and the Chin, along with other refugees, suffer from lack of access to most social services and
decent housing.    
•  The government of Malaysia respect the rights of those registered with UNHCR as refugees and
asylum seekers and potential refugees who have not yet had the opportunity to register.  The
government should also adopt regulations that make it possible for refugees to be employed
legally.  Malaysia needs the workers; the refugees need the jobs.    
•  The government of the United States and others --- possibly Canada, Australia, or Sweden ---
consider the possibility of resettling the Chin who are unable to return to their home country soon
because of the extreme danger of doing so.


Kavita Shukla and Larry Thompson of Refugees International recently visited Malaysia.   

               
 

Field Report on plight of refugees in Malaysia

Refugees International


April 19, 2011

The following is a Field Report on Malaysia prepared by Refugees International's Melanie Teff and Lynn Yoshikawa, who assessed the plight of Burmese refugees in Malaysia in March 2011.

Malaysia has taken significant steps forward in improving refugee rights. In the past year, there have been no reported attempts to deport Burmese refugees to the border with Thailand and a decrease in immigration raids and arrests of registered refugees. But these advances have not yet been codified into written government policy, leaving refugees considered “illegal migrants” and subject to arrest and detention. The Government of Malaysia should build on this progress by setting up a system of residence and work permits for refugees. The international community should mobilize additional funds for the UN Refugee Agency (UNHCR) and non-governmental agencies to leverage this opportunity to improve refugee rights.

Grant refugees residence and work permits

Malaysia is host to over two million migrant workers, out of a total population of 28 million. The number of registered refugees in the country is over 80,000 and the Government has not yet set up a legal or administrative framework for the refugees to distinguish them from other migrants in the country. They do not recognize the fact that unlike other migrants, these refugees are not able to return to their countries of origin. Over ninety percent of the refugees in Malaysia come from Burma where ethnic minorities, such as the Chin, Rohingya and Karen, are subject to systematic human rights abuses.

Although refugees are not legally permitted to work in Malaysia, in practice they are doing unskilled, low-paid jobs that Malaysian citizens do not want to do. Refugees International (RI) interviewed many Rohingya refugees, a Muslim Burmese minority group which is also stateless, who spoke of their frustrations at being unable to get better jobs and earn more for their families. Employers are worried about hiring them because of their illegal status or employers exploit them because they know that they will not have recourse to justice. Their illegal status forces them into taking irregular day laboring jobs, and does not permit them to get insurance, so they cannot claim compensation if they are injured at work.

Despite a significant reduction in immigration raids and detention over the past year and an increase in respect by police for UNHCR refugee cards, RI interviewed many registered refugees who had still been stopped by police and forced to pay bribes to avoid being arrested. As one Rohingya man said: “The only document we have is a UNHCR refugee card, but it does not cover working here. I have to support nine family members, but I can’t work permanently in one place. Without documents we can’t do good jobs.” A Rohingya woman told RI that UNHCR offered her micro-credit to set up a small sewing business but she turned the money down. She said: “If we are not legally allowed to move freely and to sell our products, how can we repay a loan? We would have to risk being arrested to pay it back.” These types of dilemmas face all refugees in Malaysia currently.

It is in the interests of the Government of Malaysia to implement a residence and work permit scheme for refugees. Malaysian employers seek migrant workers from abroad, but there is already a source of workers from the refugee community in the country. Setting up residence and work permit schemes that include a path to permanent residence for refugees would solve many of Malaysia’s labor needs and would allow for the government to benefit economically from taxation and money transfer fees. The current situation encourages corruption by officials and exploitation by employers, but a new system would reduce people-trafficking and smuggling, enhance Malaysia’s security, enable the government to know who is on its territory, and improve Malaysia’s image with the international community.

There have been previous residence and work permit schemes for specific foreign groups in Malaysia, such as Indonesians and Filipinos, and in 2006 there was an attempt to set up such a system for Rohingya refugees. The Government of Malaysia has recently commissioned a study to consider setting up a residence and work permit scheme for Rohingya refugees, which should be established promptly and extended beyond just the Rohingya refugee community. The Government of Malaysia should seek the technical assistance of UNHCR to avoid difficulties that have beset some previous attempts.

Increase UNHCR funding to invest in solutions for refugees

Over the past two years UNHCR has registered 35,000 more refugees in Malaysia, increasing the total number from 45,000 to over 80,000. Further, they have registered more than 11,000 asylum-seekers. Yet, despite doubling their beneficiary caseload, UNHCR has had no increase in funding. UNHCR’s operating budget remains at US$7.5 million, despite its Global Needs Assessment showing a requirement of US$16 million. At a time when the Malaysian government is progressive in its approach towards refugees, the lack of adequate financial support to UNHCR represents a serious missed opportunity. Investment at this time is a cost-effective way of finding actual solutions to refugee protection problems.

Australian funding permitted a mobile registration campaign for a large group of refugees in a relatively short period. Those resources have now been exhausted. UNHCR plans to conduct 18,000 registration interviews for Burmese cases in 2011 but lacks funding for more. RI met with refugees who had recently arrived in Malaysia, but UNHCR could not interview and register them until 2012 due to the growing backlog. r Only family reunification and particularly urgent cases are being fast-tracked for registration. Possession of UNHCR registration cards is the only protection that refugees have against arrest and detention, and lack of staffing to carry out faster registration interviews due to funding shortages needs to be addressed.

Asylum seekers told RI that it was very difficult to reach UNHCR staff and that guards and junior staff at the gate of the UNHCR compound did not allow them in. One vulnerable asylum seeker living outside of Kuala Lumpur told RI that he had tried to set up an appointment three times but had not succeeded. During RI’s visit, it was clear that UNHCR staff was overwhelmed with hundreds of visitors on a daily basis and there was a need for well-trained staff and translators.

UNHCR in Malaysia only has an office in Kuala Lumpur and their staff rarely travel to visit refugees living outside the capital. UNHCR proposed setting up an office in Penang, where many refugees and asylum seekers are living, but they have not had the funding to achieve this.

UNHCR staff also intervene when refugees are detained for immigration offenses. Given the government’s recent policy of recognizing UNHCR refugee cards and not detaining registered refugees, UNHCR is usually successful in obtaining refugees’ release. They also interview asylum-seekers held in detention. But lack of staffing and the need to cover eleven immigration detention centers around the country means that it usually takes around two months before they secure the refugee’s release. Increased UNHCR staffing or a legal aid program in the detention center would reduce the amount of suffering by detainees and their families, and also reduce overcrowding and unnecessary costs to the Malaysian detention system.

Since refugees have not been permitted to access most government services, UNHCR has had to provide assistance to the most vulnerable. In the past few years, they have supported refugee community schools, assisted families with chronic or serious medical needs, and helped survivors of sexual and gender-based violence. Beneficiary numbers have now doubled, and this means that previously inadequate funding now has to be stretched even further.

Refugees in Malaysia do not live in camps, but instead in urban and rural settings, which make it more challenging for UNHCR to reach out to the most vulnerable. Nonetheless, UNHCR has increased its outreach through refugee community committees to communicate with refugees. This innovative practice could be replicated in other urban refugee settings to advance UNHCR’s work globally under its new urban refugee policy. For example, in 2010 they set up the Social Protection Fund (SPF), which provides small grants for refugee community-led projects, such as skills trainings, language classes and income-generation projects. Unfortunately, the lack of funding has meant that, despite its many successes, the SPF has had to be cut in half in its second year. Projects like these empower refugee communities and are much more cost-effective than those run through NGOs, yet funding cuts will reduce their impact this year.

Allow equal access to government schools and health facilities

Refugee children should be allowed to attend government schools. Currently they are only allowed to attend refugee community schools, which have a much poorer standard of education and which do not equip them for successful futures, whether in Malaysia or in another country. Many Rohingya refugee children told RI that in their   schools they are only studying religion and English. There are some NGO-run schools for refugee children that cover more subjects, but these lack resources and qualified teachers.

Many of the refugee community schools are a significant distance from where the refugees live, and this creates problems with transport, particularly in a situation where people are afraid they could be stopped by the police. There is a problem with retention of Rohingya children in the refugee community schools. Many Rohingya families do not allow their daughters to attend school after they reach puberty. Their fear for their daughters’ safety and reputation is exacerbated by the need to travel long distances. Many boys have to drop out of school to make money, particularly since children are less likely to be arrested than their parents. UNHCR is hoping to launch a youth education program, but funding is currently lacking.

Given the precarious legal and economic situation of refugees in Malaysia, most cannot afford access to the medical system. The government has provided refugees with discounted fees for medical care recently, but foreigners, including asylum seekers, still have to pay a much higher rate in government facilities than Malaysians. The US Bureau of Population Refugees and Migration (PRM) funds an NGO-run clinic that assists refugees, including those who are not yet registered, which is a vital service that needs continued funding.

UNHCR used to “fast-track” cases of pregnant refugee women to get them registered quickly, so that they would be able to access medical care using the refugees’ discounted rate. UNHCR has stopped this practice because their statistics suggested that desperation to get registered quickly was leading  women to seek getting pregnant for this purpose. This change in UNHCR policy has resulted in difficulties for some pregnant women to access medical care, which again underscores the urgency for refugees to gain access to Malaysian health facilities.

Support projects that address refugee women’s needs

Most refugee community organizations are male-dominated, making it difficult for refugee women to gain access to female translators and staff of NGOs or UNHCR. There is a need to increase female staff in these roles, and to ensure that all staff are trained to be aware of sexual and gender-based violence (SGBV). A refugee woman told RI that she had only been able to seek help to escape serious violence by her husband because “a UNHCR officer was approachable and asked me the right question at the right time in the right way.” She urged UNHCR staff to find a way to ask refugee women separately from their husbands if there is anything happening in their family life that is putting them at risk.

UNHCR responds to cases of SGBV that come to its attention, but they are limited in their ability to conduct outreach and need greater capacity for providing shelter and community reporting mechanisms. PRM is funding a NGO to provide a community outreach program for refugee women on SGBV, a relatively new approach in urban refugee settings, which needs to be developed further. Refugee women often have limited freedom of movement, due to fears of arrest, and many Rohingya women have to seek their husband’s permission to leave the home at all. Further, they cannot access the police and legal assistance because of their own illegal status in the country, making community outreach even more important. There is also a need to involve men in SGBV programs and to seek out community and religious leaders who would be willing to raise awareness with men of the negative impacts of SGBV on communities.

There is a common perception that the Rohingya community in Malaysia is almost exclusively male. In fact, the demographics of the Rohingya community in Malaysia have been changing, and there are increasing numbers of Rohingya women arriving in Malaysia to join their husbands or to be married. The Rohingya have tended to be a very traditional Muslim community. RI interviewed many Rohingya women, who said they wished to have access to skills and language trainings with a view to take on income-generating activities within the home. Some also said they would like to participate in a Rohingya women’s group, and that they hoped that UNHCR could give the impetus for such a group to start.

Many Burmese refugee women have suffered sexual violence in their country of origin as the Burmese government has used this as a tactic against ethnic minority communities. Refugees in Malaysia, both male and female, have also suffered many other horrific human rights abuses, creating a need for mental health support. PRM is funding an NGO to provide mental health services to refugees, and this type of funding needs to continue.

UNHCR cannot cover all of the services that are needed by the refugee community, and there is a need for more funding for NGOs to carry out these types of essential services for refugees, particularly for refugee women.

Improve immigration detention conditions

Refugees who had been held in both immigration detention and in jail told RI that conditions in immigration detention centers are significantly worse than conditions in jail. Previously detained refugees told RI that food and water are inadequate and unhygienic in the centers. Last year eight people died at KLIA center after a bacterial outbreak due to rats’ urine in the water supply. Former detainees told RI that guards beat or kicked them. They also complained of extreme heat during the day, cold at night without appropriate clothing, and no mosquito netting. This resulted in many sicknesses, as well as skin diseases such as scabies. One former detainee told RI of a little girl dying in the room she was held in due to the heat. Guards reportedly choose at whim which detainees receive help when doctors are visiting and often, the sickest detainees are not brought forward.

Conditions must be improved, and the practice of detaining refugees for immigration offenses and of sentencing refugees to caning must be stopped. Legal assistance and representation for refugees would help reduce or avoid imprisonment and caning of refugees and avoid deportation of trafficking victims.

Government recognition of UNHCR refugee cards is improving, but there are still many refugees held in immigration detention centers in Malaysia. Access by UNHCR and by NGOs to the immigration detention centers is limited. NGOs are only permitted to visit two of the detention centers. If refugees have no family or friends to inform UNHCR of their detention, they are unlikely to receive support due to the limited access by UNHCR and NGOs. One refugee committee reported that in some cases detainees must pay a bribe for officials to notify UNHCR of their presence.

Malaysia’s image as a modern country is severely damaged by the state of its immigration detention centers. Overcrowding is the primary reason for the inhuman conditions. Yet, this would be reduced if the government stopped detaining refugees for immigration offenses.
POLICY RECOMMENDATIONS
•    The U.S., Australia and other key donor governments should urge the Government of Malaysia:
-    to work with UNHCR to provide refugees with the legal right to residence and employment in Malaysia,
-    to allow refugee and asylum-seeker children access to government schools,
-    to allow refugees and asylum-seekers to pay the same fees as citizens for health care,
-    to improve the conditions in immigration detention centers and allow UNHCR and non-governmental organizations (NGOs) full access to detainees.
•    UNHCR headquarters should allocate increased funding to its Malaysia operation.
•    The U.S. and other key donor governments should increase funding to UNHCR and to local NGOs to enable them to increase support for refugees, including legal assistance, medical care and gender-based violence programs.

Malaysia now a better place for refugees

Refugees International says there were no deportation attempts last year and there was more respect for UNHCR identity cards.
KUALA LUMPUR: Malaysia has made some improvements in its treatment of refugees, according to a report by the Washington based Refugees International (RI).
The report, which has a specific focus on Burmese refugees, said Malaysian authorities in the past year made no attempt to deport refugees and showed that they had increased their respect for identity cards issued by the United Nations High Commissioner for Refugees (UNHCR).
It noted that since 2009, the number of registered refugees in Malaysia had increased from 45,000 to more than 80,000.
About 90% of them are from Burma, where ethnic minorities like the Chin, Rohingya and Karen are said to be subject to systematic human abuses.
“There have been no reported attempts to deport Burmese refugees to the border with Thailand and a decrease in immigration raids and arrests of registered refugees,” RI said.
However, it added that these improvement had yet to be codified into policies and called on the government to “build on the progress” by setting up a system of residence and work permits, a suggestion which has been frequently repeated by local refugee advocacy groups.
The four-page report, released early this week, is entitled “Malaysia: Invest in Solutions for Refugees”. It said the refugees, as a ready work force, could replace some of the two million migrant workers in the country.
At present, refugees who hold the UNHCR card are permitted to reside temporarily in Malaysia but are not allowed to work.
The report also urged the government to allow refugees access to public schools and health facitilies and support projects that address the needs of women refugees.
Malaysia has been notorious for its treatment of refugees. It has been reported, for example, that the Rela volunteer corps have mistaken refugees as illegal immigrants and imprisoned them even though they held UNHCR cards. Some reports have spoken of Rela officials tearing up the cards.
Malaysia has not signed the 1951 UN Convention Relating to the Status of Refugees, which sets out a framework for the protection of refugees

'Much to be Done'

Source : RFA
2011-04-21
In a program aired on April 15, Aung San Suu Kyi discusses the appointment by the United States of a Special Envoy for Burma, explains why she will not leave Burma to travel abroad, and shares her views of Burma’s newly elected government.
Q:  As a leader of the people in Burma, how do you view the appointment of a Special Envoy for Burma by the United States? How much will this appointment help our Burmese democracy movement?

A:  We are pleased with the appointment of the special envoy by the American government. We understand that the person who has been selected for the position, Mr. Derek Mitchell, studied Burmese affairs for many years and that he is an expert in Asian affairs as well. That is why we believe that he will carry out his duties in a very responsible manner. If he assesses the situation in Burma accurately, and gives sound advice in formulating American government policy, I think that his appointment will be helpful to the Burmese democracy movement.

Q:  I once went to Germany to give a talk at a seminar. At that seminar, when I asked the German students who they knew of better—Daw Aung San Suu Kyi or the Venerable Dalai Lama—many students replied that they had heard more about the Dalai Lama. They said that the Dalai Lama has visited many foreign countries, including Germany, many times and that he has given talks and has met with human rights groups, and has also written many books. Do you have plans yourself to travel abroad to meet with foreign governments and human rights groups and talk about Burmese affairs?

A:  At the moment, I do not have any plans to travel abroad. It is because there is much to be done inside Burma. Since it is more important for the world to know about the struggle for democracy in Burma than to know about me, I would like Burmese people like you, who are abroad, to help in this effort.

Q:  Many of the Burmese people who fled our country due to government repression and abject poverty now live as refugees in Malaysia. Some of us have been recognized as refugees by the UNHCR and have received assistance, while others have not been recognized and have not received any assistance. All of us are definitely in need of personal security and the support of the international community. Can you give us any advice with regard to our predicament?

A:  I will ask the UNHCR [U.N. High Commissioner for Refugees] about these matters. Additionally, we are in the process of setting up a network so that the Burmese people who are abroad may help each other. What people like you can do immediately is help the refugees to be united, to care for each other and understand each other. If that can be done, you will be able to think of ways to resolve some of those problems.

Q:  I am a member of the [ethnic] Kachin social development organization. At the moment, we are seeing that the Myitsone Dam, which is to be built in the Kachin State, will have a lot of adverse effects on the people living in the area. The dam will also adversely affect the lives of the people living along the Irrawaddy River right down to the delta area. The Kachin people reject this dam and are protesting in any way they can. Do you also have plans to protest against this dam?

A:  Researchers in the NLD [National League for Democracy] are preparing a paper not only on the adverse effects of building the Myitsone Dam, but also on how deforestation will adversely affect the plains along the Irrawaddy River. They will be studying the effects on areas ranging from the source of the Irrawaddy River way up in the north to the delta in the south. The NLD plans to organize a movement to conserve the environment around the Irrawaddy River. A lot of the information provided by NLD members and friends from the Kachin State is being used as the basis for that plan.

Q:  The military government has changed its form and has established a new Burmese government. Do you accept this new government? Do you recognize its legal status? What do you think of it?

A:  I recognize the new government as a fact of reality. But I will have to wait awhile to see if it is a government that will truly respect the wishes and aspirations of the people, and to see if it is a government that will serve the interests of the country and the people.

Arrested Refugees Demanded Money for Release in Malaysia .

20 April 2011: Malaysian RELA and police forcibly demanded money from Chin refugees arrested during their recent daylight raids on three separate occasions in Kuala Lumpur on Sunday and Monday.

"They [refugees] were loaded up into a lorry and driven away. Those refugees, who do not have the UNHCR registration card, were asked to pay between 300 and 500 Ringgits if they would like to be freed. But those having the UNHCR registration card were released later on the same day," a member of Chin refugee community in Kuala Lumpur told Chinland Guardian.

At least an estimated 60 Chin refugees, both 'unregistered' and registered by the UNHCR, including women were rounded up and arrested on the streets in Penting, Jalan Imbi and Shalam.

A Chin refugee woman arrested on Monday in Shalam off Kuala Lumpur was set free immediately after a ransom amount of 300 Ringgits was given to the Malaysian police, according to Seihnam newsletter.

Kuala Lumpur-based Chin refugee communities including CRC (Chin Refugee Committee) and ACR (Alliance of Chin Refugees) are said to have been engaged in trying to get those detained free in liaison with the UNHCR.

In recent days, a series of daylight raids have been reported being carried out by Malaysian police and RELA in different locations where the refugees are residing and working.

You are in, not OUT


A learning centre in Gombak founded by multiple-time Miss Malaysia, Deborah Henry, provides displaced Somali refugees access to formal education—and much more.

Words and photos Veera Pitkanen

The colourful classroom is filled with children, who all concentrate on reading their books. On the walls, Arabic alphabets accompany the English ones. The Fugee School in Gombak, formerly known as Save the Kids Education Fund (SKEF), is a learning centre for refugee children and youths who would otherwise have no access to education.

Founded by Deborah Henry, a World Vision children’s rights advocate as well as the former Miss Malaysia World and current Miss Universe Malaysia, the Fugee School offers education to over 60 Somali refugees between the ages of four and 17. The aim is to prevent their isolation—hence the school’s slogan: “You’re in, not out”. In addition to the academic education, the school also aims to teach refugee children about basic social behaviour through extra-curricular activities such as sports and field trips.

From her student days onwards, Deborah has dedicated herself to helping the ones in need. “I was always very into development and charity work. The injustice and discrimination in the world just bugged me; the fact that some people suffer ‘just because’,” she explains.Studying political sciences at university solidified what she wanted to do. In 2008, together with a friend, Shikeen Halibullah, she founded the education fund. “It’s a real work of heart, something I enjoy doing because I care about the cause,” she says.

Even though the school is targeted at children and youths, Deborah emphasises that the entire community needs to be taken into
consideration when dealing with refugees. “Our goal is to empower and educate the family community; we have to work with all members of the family, not just the children,” she says. Therefore they organise activities for refugee adults as well to develop their skills.

The Fugee School currently needs a great deal of volunteers—Deborah says especially expatriate wives are wanted, since they have a lot to offer, skills they can teach and knowledge they can share with the refugee community. The volunteers at Fugee School should commit themselves for at least a period of three months, where they will spend a minimum of two hours a week at the school.

Deborah mentions they also accept donations, such as computers and other useful equipment. “Currently we are in the middle of building our IT lab—we have found that e-learning is an efficient method for displaced people. The kids need a global perspective; access to the internet and the information it contains.” Deborah describes that most of the refugees are suffocated in their own homes- a situation that leaves them frustrated. Therefore the help of the learning centre is essential.

Education of refugee children is recognized as a universal human right. Yet in Malaysia as well as various other countries most of the refugee children have no chance to study. NGOs and other refugee centres are trying to change the situation and help at least parts of the refugee community. But Deborah notes that the NGOs have limited funds. “From the government side, I would like to see more aid and assistance to the refugee communities while they are staying in this country. There have been some slight improvements to the situation but a lot more still needs to be done.”

Deborah admits teaching refugees can sometimes be extremely challenging. “We have to remember that we are dealing with children
who have gone through so much stress and traumatic experiences,” she says, and pinpoints that time, punctuality and discipline are of utmost importance. “These children have not had structure in their lives in a long time, so it is something to get used to. Suddenly they end up in a different country with a strange culture and language,” she says. No doubt about it, a lot of cross-cultural understanding is required.

“I always tell people to imagine themselves in the refugees’ position; for one reason or another you are forced to leave your homeland,and a fellow country does not come to your assistance,” Deborah says. “It is all about stretching out a helping hand. That is the least we can do, isn’t it?”

The story so far

From humble roots to a fully-fledged education centre, the Fugee School’s development is an incredible success story. But how did it unfold?

Founded in mid 2008, Deborah Henry’s project was initially called the Somalia Kids Education Fund (SKEF). The aim was to help the country’s increasing population of Somali refugees; to allow them to better integrate into the larger community, into society.
Deborah, along with co-founder Shikeen Halibullah, started by leading weekly tuition classes in English and maths. The lessons were doing well but the founders’ aims stretched beyond the reach of just a small group of students. In May 2009, Deborah and Shikeen took a big step towards achieving their goals as Save Education Centre—a facility that allowed more students to be schooled—was opened. Run by a Somali refugee, Shafie Mohamed, the centre would grow to accommodate over 60 students between the ages of four and 17. Now, far from the weekly tuition, the school teaches students English, maths, sciences, art, computing skills and their native Somali language under the moniker Fugee School.

Getting involved: For more information about volunteering at the Fugee School, email fugeeschool@gmail.com or visit http://www.fugeeschool.com/

Refugee baby urgently needs help (new information on bank transfers for donations)

By UNHCR Malaysia

Update as of Thursday, 21 April 2011 - Please be advised that due to problems at IJN with their Maybank account, bank transfers for this donation is now being received by UNHCR's NGO partner, Kumpulan ACTS, for payment to IJN. Procedures for sending donations by cheque remains as per the original appeal note.

Bank details are:
Name: KUMPULAN A.C.T.S. BHD
Bank: Maybank
Account number: 514169334485

Recipient email: infomalaysia@unhcr.org (as UNHCR is tracking the donations)
Description of transaction: Stella

Dear friends
I am emailing on behalf of UNHCR because an urgent matter has come to our attention and we are seeking help.

Last November, four-month old Down Syndrome refugee baby, Stella Dawt Tha Sung was born with a hole in her heart, with the risk of heart failure. Her condition has kept her hospitalised for most of her young life.

Recently her condition deteriorated, and on 13 April 2011, the National Heart Institute (Institute Jantung Negara, IJN) conducted an emergency heart operation. For this life-saving intervention, her parents were charged RM35,000.00, which they were unable to pay.

However, as it is with heart surgeries, Stella is not out of the woods yet. She now needs a pacemaker and also faces continued hospitalisation at IJN before being transferred to Hospital UKM for further care. This will cost her family a further RM30,000.00.

Stella's parents have six other children and they cannot work due to Stella's long hospital stay. Their oldest son works at a construction site, earning RM40.00 per day, to support the entire family. It is impossible to imagine that this family can pay the RM65,000.00 bill they are facing.

UNHCR and our NGO health partner Taiwan Buddhist Tzu-Chi Foundation have mobilised as much as we can from our limited resources, and we are able to cover RM35,000.00 of this cost.

But we desperately need help to cover the remaining RM30,000.00.

I am approaching you to ask if your organisation, or you as an individual would be able to help us with a partial donation towards this cause? We do not expect anyone to donate the entire amount, but we are hoping people will give whatever they can to contribute towards the full amount.

HOW TO HELP

Donations are being received directly by the IJN to cover Stella's expenses. You can transfer donations with the following instructions:

1. By bank transfer
Name: KUMPULAN A.C.T.S. BHD
Bank: Maybank
Account number: 514169334485

Recipient email: infomalaysia@unhcr.org (as UNHCR is tracking the donations)
Description of transaction: Stella

2.  By Cheque
Written out to the "Institute Jantung Negara Sdn. Bhd", and the Reference no: MRN No: 265833 ( Stella Dawt Tha Sung) written at the back. Kindly attach a note with your name and contact details for IJN's reference.

You can send your cheque to:
Credit Control Office
Institute Jantung Negara
145 Jalan Tun Razak
50400 Kuala Lumpur.

It would be so greatly appreciated if you could email a notification to infomalaysia@unhcr.org with the amount donated so we may track it.

You can also help by sending this email onwards to family and friends. We will still be collecting donations till mid-May.

All queries on this matter can be forwarded to Yante Ismail, UNHCR External Relations Officer, tel: 013 352 6286 or email: ismaily@unhcr.org

We are grateful for whatever you can give.
Thank you!

A little bit more about Stella
Stella was born to parents who are refugees in Malaysia. She has six other brothers and sisters, all of whom are below 18 except for the oldest brother who is 19 and is the sole bread-winner for the family.

They are from Myanmar and are among the 93,000 refugees and asylum-seekers currently in Malaysia, having fled persecution and conflict in their own countries. There are no laws in Malaysia addressing the issue of refugees, therefore the situation for Stella and her parents here are complex. While they can remain in the country, her parents cannot work legally - her dad was doing odd-jobs before he lost his job after missing too many work days from being with Stella in the hospital. Whatever means they have now goes towards making Stella better. Stella and her family desperately need your help.

Much more need to be done for refugees

Tenaganita agrees with the Washington Refugees International report on Malaysia but says it is only the tip of the iceberg.
Petaling Jaya:  While Tenaganita agrees with the Washington Refugees International (RI)that there has been an improvement in the treatment of refugees, it says the RI focused only on the Burmese refugees.
The RI field report, which focused on Burmese refugees, said Malaysian authorities in the past year had made no attempt to deport refugees and that there has been a decrease in immigration raids and arrests of registered refugees.
Tenaganita Program Coordinator, Aegile Fernandez said  based on these two factors, RI concluded that there has been improvement in the treatment of refugees in Malaysia. However, more needed to be done in order to build on this “progress”.
“In the case of the Burmese refugees, there has been a definite decrease in  refugees being sent across the Malaysian/Thai Border over the past year espcially those holding United Nations High Commissioner for Refugees (UNHCR) cards,” Fernandez said.
She said there are many more refugees who are not registered with UNHCR and who are still being sent across the border.
According to the UNHCR Malaysia website, as of February 2011, it is estimated that there are 10, 000 unregistered refugees in Malaysia.
As for the second condition where there is a decrease in immigration raids, Fernandez said that they are still ongoing but on a “smaller scale. Refugees are being released faster and many have shared with us that they have to still give some money to the authorities for their release,” she added.
She also said that the report does reflect that the Rela authorities have improved in their treatmeny of refugees.
Malaysia was notorious for its treatment of refugees. It has been reported, for example, that the Rela volunteer corps have mistaken refugees as illegal immigrants and imprisoned them even though they held UNHCR cards.
The RI report released early this week noted that since 2009, the number of registered refugees in Malaysia had increased from 45,000 to more than 80,000.
About 90 percent of them are from Burma, where ethnic minorities like the Chin, Rohingya and Karen are said to be subject to systematic  abuse.
It added that the improvement of refugee treament had yet to be codified into policies and called on the government to “build on the progress” by setting up a system of residence and work permits, a suggestion which has been frequently mooted by  local refugee advocacy groups.
Malaysia has not signed the 1951 UN Convention Relating to the Status of Refugees, which sets out a framework for the protection of refugees. This has often been used as an execuse for the lack of a refugee management in Malaysia.

It Is Time For Obama To Demonstrate True Courage And Statesmanship

By Iqbal Alimohamed
23 April, 2011
Countercurrents.org

John F. Kennedy said: “There are risks and costs to a program of action. But they are far less than the long-range risks and costs of comfortable inaction.” For Mr. Obama, it is time for action!
When Mr Obama was elected to the US Presidency, he vowed to tackle and resolve the Israeli-Palestinian conflict. Today, both parties to that conflict have reached a threshold point which, if unresolved, has the potential to spiral out of control. Its importance lies in the context of the March Arab Uprising, the popular revolts that have dethroned several Middle East / North African dictators, and caused unconscionable suffering to countless thousands. Understandably, the Palestinians are also saying “enough is enough’ in their own tragic circumstances.
The Palestinians have embarked on a process to gain swift passage this September of a United Nations General Assembly Resolution that would declare statehood for Palestine. The Resolution, if passed, will call for Israelis to stop all settlement activity, demolish existing settlements in the Occupied Territories, and to revert to the pre-1967 Borders. The status of Jerusalem and the question of return of refugees to their former homeland will need also to be resolved. The USA is the only country that can broker a lasting peace in this conundrum. Successive governments have tried and failed. There is no time left for failure; action is of the essence.
Mr Obama and Mr Netanyahu are unfortunately not on good speaking terms and the Republicans, under pressure from the Israeli lobby, may try to thwart efforts to bring the issue before the UN or manipulate an outcome in Israel’s favor. In a clearly preemptive move, the Republicans arbitrarily extended an invitation for Mr. Netanyahu to address a Joint Meeting of Congress. This may be deemed a matter of domestic politics, but it has far-reaching ramifications for US foreign policy. It behoves Mr Obama now, more than ever before, to show both courage and determination to right the wrongs inflicted for so long on a disenfranchised and beleaguered Palestinian population. He must insist to the Republican members of the House and Congress that it is in both American and Israeli long-term security interests to resolve the Israeli-Palestinian conflict, and that further political posturing or delaying tactics, can only harm their collective interests. Similarly, Mr Obama must make every effort to secure Palestinian cooperation to meet the legitimate demands of the Israelis, namely the recognition of Israel’s existence as a state and clear guarantees for its security.
It is crucial for the Western nations to recognize that, from the revolts in the Middle East/North Africa region, there will emerge enlightened leaderships that may no longer be subservient to imperialist-style designs or domination. In the emerging new world order, the West led by the USA will need to devise strategies and foreign policy approaches which invoke upfront and quiet diplomacy to resolve conflicts without the threat or use of force.
Both Mr Obama and Mr Netanyahu have before them a historic opportunity to resolve the Israeli-Palestinian conflict and to leave a legacy of genuine and lasting peace in this embattled region They should strive hard, as Kennedy said, to seize the moment before the issue goes to the UN General Assembly. Any further stalling on this issue may well prove costly for American interests and the future of Israel.
Iqbal Alimohamed is a Canadian citizen, living in Geneva, Switzerland. A former senior United Nations official, he served as the UNHCR representative in Malaysia, Japan, Australia and the Sudan.

Over 100 Burmese Refugees Rounded up in Malaysia

Over 100 Burmese Refugees Rounded up in Malaysia

22 April 2011: More than 100 'illegal' refugees from Burma are among an estimated 200 arrested in a midday raid carried out yesterday by local police in collaboration with Kuala Lumpur police in Puchong town off Kuala Lumpur, Malaysia.


The raid took place in a small park behind a Puchong Tesco store, where scores of refugees from Burma, Indonesia and Bangladesh take shelter, according to a leader of Alliance of Arakan Refugees (AAR) in Kuala Lumpur.


"Many Arakan refugees are among those arrested yesterday. Malaysian police checked their identifications and some UNHCR card holders were released immediately while others having only a refugee card issued by their community were taken away in a lorry," said the Arakan leader.


"Some arrestees, mainly from Indonesia and Bangladesh, were caught holding 'fake' UNHCR cards," he added.


It is known that the arrestees were kept in the Puchong Detention Centre and that they may be transferred to Bukit Jalil Dentention Centre today.


The Alliance of Arakan Refugees is said to have written to the UNHCR in regards to the incident yesterday.
Puchong, a major town in the Petaling district of Selangor, is situated midway between Kuala Lumpur, Malaysia's political capital, and Putrajaya, the administrative capital.

Wednesday, April 13, 2011

Worldwide more refugees, less help

Many of the refugees who were fleeing Libya in fact came from Somalia, Eritrea and Ivory Coast. “These people were refugees twice over”, Mr Guterres stresses. “First they fled war and persecution in their own countries and now, seeking safety in Italy, they tragically lost their lives.”
Only 47 refugees on board the boat survived, among them a pregnant woman. “We are deeply shocked,” says US film star Angelina Jolie, who had just visited Libya as goodwill ambassador of the UN refugee agency.
46 million
Worldwide there are some 46 million refugees and internally displaced people, according to a recent UNCHR report. And the number keeps growing steadily, the agency warns, at a time when the world’s resources to help them are dwindling. Helping North Africa’s refugees alone costs 67 million dollars, Mr Guterres points out.
Most of the refugees are being displaced within Africa. Libya’s civil war alone has driven some 440,000 people to seek shelter in Tunisia and Egypt as well as some European countries bordering the Mediterranean. And tensions in Yemen and Syria are bound to make the refugee crisis even worse.
Television
“We only seem to think of them when we see them on television,” UNHCR spokesperson María Jesús Vega says. “As soon as the media lose interest a crisis or region, political interest evaporates too,” she says.
Refugees, for the UNHCR, are not only those displaced by political factors such as wars and internal conflicts, but also include those affected by natural disasters. In both cases people’s security is at stake.
In Sudan alone, the UNHCR estimates, millions of people are still living in make-shift camps. “And then, just in Africa, you’ve also got Somalia, which people keep fleeing in huge numbers, as well as Congo, Uganda, etc.,” Ms Vega points out.
IDPs
The situation in Asia isn’t much better. In Myanmar, for example, the country’s internal conflict and a typhoon have driven two million people from their homes. Hundreds of thousands have fled to Thailand, Malaysia and Bangladesh but most of them are IDPs, internally displaced people.
Over 1.5 million Iraqis have fled to Syria, with another one million IDPs in Iraq itself. And tens of thousands of Afghans have fled to Pakistan, while some 300,000 others have been displaced within Afghanistan itself.
Colombia
In the Americas, relief agencies remain focussed on Colombia, where decades of conflict have resulted in some three million IDPs. It's a huge number but the international community is largely ignoring them.
And in Haiti, over 500,000 people are still living in camps. When the quake struck over a year ago, it made headlines around the world. Now the camera crews have long gone.

Without a homeland, without a hope

COX'S BAZAR, Bangladesh - Mahamuda Khatur remembers the fateful day three years ago. At dawn her husband had left their Kutupalong refugee camp in southern Bangladesh for the forest to fetch firewood he would sell to other refugees or local people. He never returned.

Mahamuda was told that he had drowned in a river, a claim she has never independently verified. That left her as a 27-year-old widow with two children. Now, suffering from tuberculosis for eight months, Mahamuda is too weak to work and cannot feed herself or her children.

The pallor of her face and the thinness of her arms show theCOX'S BAZAR, Bangladesh - Mahamuda Khatur remembers the fateful day three years ago. At dawn her husband had left their Kutupalong refugee camp in southern Bangladesh for the forest to fetch firewood he would sell to other refugees or local people. He never returned.

Mahamuda was told that he had drowned in a river, a claim she has never independently verified. That left her as a 27-year-old widow with two children. Now, suffering from tuberculosis for eight months, Mahamuda is too weak to work and cannot feed herself or her children.

The pallor of her face and the thinness of her arms show theunmistakable signs of severe malnutrition. Now, she has to rely on other refugees' generosity to survive. "But there is not much that the people here can do for us," she says. "Everybody is in the same situation."



Mahamuda is an ethnic Rohingya, a Sunni Muslim community that has fled persecution in its native Myanmar for neighboring Bangladesh and other countries. Throughout this region, on a narrow strip of beach, sparse forest or sandy land squeezed between the Bay of Bengal and the Myanmar border, Rohingya exiles can be seen carrying heavy bags of salt, bundles of firewood, stacks of bricks, baskets of fish, blocks of ice.

Above all, they carry the weight of being one of the largest stateless populations on the planet. Out of an estimated 1.5 to 2 million population, only the 48,800 Rohingya registered as refugees with the United Nations High Commissioner for Refugees (UNHCR) in Bangladesh and Malaysia have legal status. The one million or so Rohingya living in Myanmar's western Arakan State are not recognized as citizens and the 500,000 to one million others who have chosen exile in other countries are mostly considered illegal migrants.

The Rohingya were not always a pariah in Myanmar, previously known as Burma. Although they have been a constant victim of a chauvinist Buddhist regime animated by anti-Muslim and anti-Indian sentiment dating back to the British colonial occupation, the Rohingya had citizen status in Myanmar until 1982. That year, then dictator Ne Win promulgated a citizenship law that stripped them of their nationality. It was the epilogue of one of the darkest chapters in the country's recent history, the Naga Min Operation ("Operation Dragon King") launched in 1978 in the west Arakan State.

In the name of a crackdown on "illegal migrants", the army killed, raped and arrested scores of people, mostly Rohingya. Villages were burned and looted. Mosques and other religious sites were particularly targeted. That operation forced some 200,000 Rohingya to flee to neighboring Bangladesh. Most of them were repatriated by the end of 1979. In 1991-1992, fleeing the junta's widespread use of forced labor, summary executions, torture and rape, another wave of 250,000 Rohingya left the country. Currently the regime continues repressive practices, although on a lesser scale.

 
During a discrete visit in a large Rohingya village in Arakan State last year, in the relative safety of an old mosque, an elder detailed the numerous restrictions imposed by Myanmar authorities on the local population. "Even though we have been living here for many generations, we need a special authorization for almost everything: to move out of our area, send our children to the university, marry them, run a business. And, as everyone else in the state, we are constantly submitted to forced labor, arbitrary arrest, land confiscation and other abuses by the authorities."

Rohingya also complain of being targeted by the Rakhine, the predominant Buddhist group in Myanmar's Arakan State. It's a bitter irony considering that the Rakhine themselves are subject to the junta's systematic oppression against ethnic minorities. Violent incidents such as attacks on mosques by Buddhist radicals and retaliation by Rohingya are regularly reported. To justify their stance, both communities have traded endless arguments often founded on biased or reconstructed historical facts.

Xenophobia, fueled by extremists from both sides but also by the ruling junta, which has masterfully used divide and rule tactics to maintain its control, has submerged any hope of a dispassionate debate. Still, arguments forwarded by the Rakhine community, such as the "fear that the Rohingya occupy our land because of their high birth rate and rapidly increasing population", as a Rakhine journalist exiled in Bangladesh put it, have some basis and will eventually need to be properly addressed.

The dramatic situation of Rohingya exiles in Bangladesh, a country more accessible than Myanmar to outside observers, has become the show case for the minority's stateless plight. Some 29,000 Rohingya live as refugees in Kutupalong and Nayapara camps, south of Cox's Bazar, a booming beach resort in Bangladesh. These camps are under the UNHCR's supervision and benefit from the presence of a few international non-governmental organizations (NGOs). With properly built houses, schools, playgrounds and a sewage system, they look like any other adequately administered refugee camps in the world.



But the largest facility, Kutupalong, has a twin brother with a much less amiable face. "Kutupalong makeshift", as it's commonly known, is literally stuck to "Kutupalong registered". Thousands of adobe huts covered with plastic sheets, branches and dried leaves cluster together over a succession of bare hills, sheltering a population of 20,000, according to the latest count by a NGO active in the area.

Here, there is not a single trace of shade. Nor are there latrines or a proper sewage system. Only a few pumps installed by the French NGO Solidarites International provide for basic water needs. In the summer season, the heat inside the huts is sweltering. During the monsoon season, water often dissolves the huts' walls and transforms steep alleys into muddy torrents. In any season, day and night, disease-carrying insects are ubiquitous.

"We don't have enough mosquito nets," laments Karim, the community leader of one of the six blocks dividing the camp. "Many diseases are endemic here, malaria, diarrhea and tuberculosis. And now we have to face an epidemic of chicken pox and measles."

Almost like an indecent exhibit, mothers show the faces of their infants and children marked with chicken pox pustules. More worrisome is the 30% rate of acute malnutrition reported in the camp by the European Commission Humanitarian Aid Office (ECHO). Only the NGO Medecins Sans Frontieres (MSF) Holland, in a clinic set out of the camp along the main road, and the French Action Contre la Faim (ACF), has the right to provide medical treatment to the "Kutupalong makeshift" population.

A few kilometers to the south, Leda, the other non-official camp with a population of 13,700, offers a relatively less desperate face. Rattan-built houses are properly aligned along paved alleys, here and there emblazoned with flowers and greenery. Yet restrictions imposed by Bangladesh authorities in the makeshift camps are drastic. Food distribution and education are sharply curtailed. Still, if these rules were strictly enforced then "Kutupalong makeshift" and Leda would have turned into full-blown death camps.

Despite the appalling conditions, refugees manage to bypass these interdictions and organize their survival. In Kutupalong, for instance, as a substitute to a proper schooling establishment, community leaders with the help of outside sympathizers have set up a network of 30 classes inside huts with locally trained teachers.



The restriction on wandering outside the makeshift camps is perhaps the least observed of the restraints. "Many refugees leave them for a few days or a week to work in brick or dried fish factories, salt pans, as rickshaw drivers," says Karim, the Kutupalong community leader. "They usually work for 100 taka a day [about US$1.4], which is not enough to feed a family so often both parents have to work."

Ex-Cheney pupil tells of Burmese refugee work

WHEN Ian Werrett learned of the actions of the brutal military junta in Burma, he knew he had to act in the most direct way possible.
And back home in Oxford after 18 months helping refugees from the South East Asian country, he’s raring to return to the region to continue his work.
The former Cheney School pupil said: “I developed an interest in South East Asian politics while studying at the University of Kent and when I learned what the government was doing in Burma, especially to the children, I knew I had to do something to help them.
“I had read reports of children being raped and burned alive.
Working in a youth centre in the Malaysian capital, Kuala Lumpur, Ian, 25, from Headington, saw first hand the impact of the regime.
The Burmese junta is accused of persecuting all ethnic minorities, wiping out entire villages, systematically raping women and girls, and forcing young boys to become child soldiers.  The US State Department has labelled it a “country of particular concern”, the worst rating for violations of religious freedom. Freedom of speech and movement are also greatly restricted and torture is common place in Burma’s many prisons, leading many people to flee to neighbouring Malaysia and Thailand.
Mr Werrett worked out of the KL Krash Pad youth centre in Chow Kit, a low income, high-crime area of Kuala Lumpur, and stayed at a small flat nearby.
He said: “Most could not speak English or Malay and it took time to adjust to local culture and laws.
“I tried to help the Burmese refugees by providing the basic goods, such as food and medicine, as well as education for the children.”
The children yearn for education, he said, while school supplies were “treated like birthday presents”.
He recalled one refugee who told him how the military would visit his village most weeks to take boys for the army and rape girls and women.
Mr Werrett recalled him saying: “When we did not have time to run to the forest my family dug a hole in the ground – we would cover the hole and bury ourselves in there.”
Mr Werrett said: “Perhaps most worrying was the young man who told me how some people had even fled Burma and left their very young children behind.
“They were too poor to pay for their children to go with them.”
He is now seeking a job to fund another trip next year to continue his work.
He said: “I feel incredibly lucky, now I am back in Oxford, for the wealth of human rights and democracy we enjoy here.  “The main thing I take away from my time with the Burmese refugees is the ability to enjoy life regardless of circumstance.
“Although they had fled a genocide and struggled to provide food for their families, they were some of the happiest and kindest people I have ever met.”