Unfortunately, the government will not guarantee the safety of those in
conflict zones if they arrive in Malaysia as asylum seekers and
refugees, laments Angeline Loh.
Our Prime Minister returned from Gaza (The Star, 27
January 2012) with many stories to tell of the suffering that prompted
him to announce his deeply felt sympathy for the besieged Palestinians
in the Occupied Territories.
Malaysia, despite so many unsettled problems at home, has shown
compassion and magnanimity towards our Muslim brothers and sisters
living in certain conflict zones in Asia and the Middle East. The
Rohingyas in Rakhine State, Myanmar have had humanitarian aid showered
on them from the compassion and charity of our government. Similarly
Malaysians have joined international humanitarian convoys over land and
sea taking much needed aid to Palestine, with the blessings of our
government.
There has been great fanfare and an outpouring of sympathy for those
suffering in these conflict zones, which whether sincere or otherwise,
they justly deserve. The drama has been pretty convincing, and no doubt,
the international community is impressed. How deep is this compassion
and generosity? Do Malaysian authorities really care about these
besieged peoples?
Yet, since the arrival of the first asylum seekers and refugees, as
such, to our shores about three decades ago, the government has made no
move to permit the legal recognition of asylum seekers and refugees in
Malaysia. Instead, it has, even now, put them into the category of
“illegal immigrants” without any hint of compassion or understanding of
their plight. These are not economic migrants, for the primary reason
that they are here, not intentionally to make money, but because they
are fleeing a life-threatening situation in their homelands. They can’t
return unless circumstances become more stable and safe.
We know what is happening in Rakhine State, Myanmar, where ethnic
Rohingyas are being made stateless by their own government. Massacre and
all manner of inhumanity is taking place there, despite the alleged
“reform” measures launched by the Myanmar government; seemingly
supported by the ordinary Myanmarese people, and the international
community at large. However, reports of slaughter and armed conflict
still emerge from various ethnic provinces besides those from
Rakhine/Arakan State (Dictator Watch 2012).
The conflicts in Palestine are long standing and well known to the
world. The suffering of all Palestinians is beyond imagination,
especially for those who have never experienced any kind of war. Recent
conflicts continue erupting in Egypt, Syria, and Mali. Some 700,000 are
reported to have fled from Syria to Jordan and neighbouring countries
for safety. The UN Refugee Agency reports that its resources are barely
sufficient to provide basic necessities for this multitude on the
borders of Syria, as well as those fleeing conflict situations in Mali
(UNHCR Newsletter 2012) and other hotbeds in Africa.
Still, the government views those coming to our territory seeking
safety as “illegal immigrants” having totally no rights even to survive
here. Malaysia doesn’t want refugees to seek safety here.
Refugees (including those with official UNHCR status) are treated as
undocumented migrants, accused of threatening to ‘burden’ the country’s
welfare system and rival citizens for a share in our national economic
wealth.
So they are denied even basic rights to earn a living, education for
their children, shelter, and free access to medical treatment and
health care. Even the right of access to the UN Refugee Agency (UNHCR),
although apparently easier now, is not legally guaranteed by
immigration detention centre authorities.
Undocumented migrants (“illegal immigrants”) are also open to arrest
by local security enforcers like Rela, Municipal Council enforcers,
police and immigration enforcers.
Refugees and asylum seekers’ hopes of finding even temporary
sanctuary in Malaysia are often dashed when the reality of their legal
status kicks in. They continue to struggle to survive in this country of
peace and apparent plenty. Whilst many would admit to a better more
peaceful environment here, they still live in fear of raids, arrests,
detention in police lockups and IDCs, extortion by corrupt parties,
human traffickers and forced repatriation in violation of refugee
rights.
A group of Uighur refugees had been forcedly returned to China very
recently (Human Rights Watch, 3 Feb. 2013). This has happened to other
confirmed refugees in Malaysia in the past few years.
Plea for basic human rights to survive
In 2006, the government consented to allow Rohingya refugees IMM 13
visa status to permit them to take up employment and their children
access to education, possibly, in local schools. That effort, was short
lived because of alleged corruption and abuse of the registration system
run by local authorities collaborating with Rohingya community leaders.
Six years later, the government still hasn’t taken any measures to
ensure the absence of corruption in the process, which was stopped and
seems to have been quietly forgotten.
When open conflict began in Rakhine/Arakan State in mid-2012, this
option for the Rohingya refugees who are still stateless was not even
mentioned by any party, government or non-governmental organisation. In
January, the Myanmar Ethnic Rohingya Human Rights Organization, Malaysia
(Merhrom) made a public appeal to the government to re-instate the IMM
13 process for their community (Merhrom press release, 20 January 2013).
So far, there seems to have been no reply to this appeal by the
government. Resettlement of Rohingya refugees to third countries is not
an ideal option as Rohingya people face several disadvantages at home
and abroad due to ethnic and religious discrimination.
But it is not only the Rohingyas but other refugee groups in Malaysia
who have run up against this barrier to find a safe haven, albeit
temporarily, in this country. This situation begs the question of why PM
Najib visits war-torn countries like Palestine and ships loads of
humanitarian aid to Rakhine State, Myanmar, expresses solidarity and
sympathy with those suffering in those far away lands, but persists in
calling them “illegal immigrants” in this country.
Moreover, why does Malaysia refuse to legally recognise asylum
seekers and refugees as another category of migrants who are not
economic migrants or ratify the 1951 Refugee Convention, yet goes to
great lengths to publicise its sympathy, solidarity and compassion for
those in these conflict zones?
Ambiguous citizenship
Refugees and migrant workers do not necessarily want to be citizens
of this country. Those who are stateless and have lived here for 10
years or more may consider settling here, if permitted to. But if the
situation in their homelands became safe and a real peace is achieved,
they would choose to return to their roots. This is only natural for all
people, with few exceptions.
We must be very clear, that citizenship of this country is not easily
acquired even by documented expatriates, foreign spouses, or even
long-term permanent residents. Therefore, the play on migrants and
foreigners resident in this country for a relatively short term, yet
receiving citizenship, albeit temporarily, is highly irregular and
unlawful (The StarOnline, 30 January 2013).
To further confuse legitimate Malaysian citizens, who are rightly
angered at the creation of this ‘privileged group’ of foreign migrants,
this measure is ‘coincidentally’ instituted prior to a general election.
Notice that there appears to have been no due process followed, as in,
our parents and grandparents time, where every citizenship applicant had
to go for various interviews with the authorities, to be vetted for
citizenship (theSun, Citizen Nades, 22 January 2013).
It was not a matter of receiving papers or an identity card but to
determine if these applicants were sincere in wanting to permanently
call this their homeland, remain loyal, work for the good of the country
and its people, uphold true and just values, and the constitution of
this land.
The distribution of temporary identity cards (The StarOnline,
30 January 2013), although illegal, to foreigners (who may not be aware
of the implication that their so-called ‘ limited citizenship’ with the
privilege to vote is not real citizenship, but a means of rigging the
election process) deceives them into believing that Malaysia approves
dual citizenship. This is certainly not the case, as no law recognising
dual citizenship has been enacted in this country by due process. If
Malaysians themselves opt to use the passports of other countries, they
are obliged to return their Malaysian passports and identity documents
to the government of this country, apparently surrendering Malaysian
citizenship.
What exactly is the message that PM Najib is trying to send out to
the rakyat and the international community by making his magnanimous
visit? Simply to show his solidarity and support for those suffering in
Palestine and the Occupied Territories? Perhaps, he wants the world to
think it cannot do without him in brokering peace in the Middle-east? If
that is the case he should go to Syria and Egypt as well to broker
peace there. Does the PM think that this show of solidarity with
Palestine against Israel makes him a peace broker at all? A peace broker
has to be on neutral terms with both sides and is obligated to speak to
both sides. So what really is this gesture for?
The trip, which eats further into our nation’s resources, seems to
make only one message loud and clear: Malaysia sympathises with the
plight and suffering of people in conflict zones, but will not guarantee
the safety of those same people if they arrive in Malaysia as asylum
seekers and refugees. In Malaysia, asylum seekers and refugees are
“illegal immigrants” because they are undocumented, and so are unwelcome
here.
Isn’t this a fine example for Malaysia to set? Exhibiting such
hypocrisy and inviting the world to take a good look at it? The rakyat
still want to know the reason for this apparently superfluous trip
overseas when the federal government debt is probably higher than the 54
per cent of GDP reported last year.
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