Karen Refugees in Thailand Wary of Return to Burma

BANGKOK — Despite Burma’s political opening in recent years, most of the roughly 130,000 Burmese refugees in Thailand are not expecting to return any time soon. A first-of-its kind U.N. survey of refugees indicates that many remain wary of heading back across the border.

A pilot socioeconomic survey commissioned by a United Nations agency has found the majority of those living in the largest refugee camp in Thailand prefer either to be resettled in a third country or to stay in Thailand.

Mireille Girard, the representative in Thailand of the U.N. High Commissioner for Refugees, said the responses from more than 6,500 households in the Mae La Temporary Shelter (in Tak province), captured the mood of those living in the camps.

“A lot of people are still making up their mind as we speak. They've not really set their minds. And we're not asking them to make a choice at this stage. We're just trying to assess their intention and aspirations so we can help prepare better for the solutions that they are imagining for themselves,” said Girard.

Only a small number at Mae La expressed a preference to return. The majority cited a continuing lack of trust in the Burmese government and a perceived lack of status or citizenship there. They also mentioned worries about security, how they would make a living and the lack of infrastructure in the communities they fled.

Nearly all of those living in the Mae La camp are ethnic Karen who fled their homeland to escape repression by the military in Burma (also known as Myanmar). There is no permanent cease-fire in most places to which the refugees would return.

UNHCR's Girard concurs conditions have not yet been met for those in Thailand to return home.

“Amnesty, freedom of choice by people of the place that they want to return to, access by humanitarian agencies so we make sure we can visit people on return, etc. These will need to put in place when the time is ripe for people to return, when they are willing to return and eager to return in big numbers. And at that time then we will shift to promoting repatriation. At the moment we are not yet there,” said Girard.

About 130,000 refugees are residing in nine border camps in Thailand. Many of those were born in exile. Eighty percent of the camps' residents are ethnic Karen.

Since 2005, more than 83,000 people who fled Burma to Thailand have resettled in third countries, with most going to the United States.

Thailand ended registration of refugees in 2006 and has maintained that those who are not documented are ineligible to move to a third country. An exception, since last year, is for those who have family members who have resettled elsewhere.

An estimated one million Burmese reside in Thailand, most of them undocumented migrant workers.

After 60 years of military rule, Burma peacefully transitioned in 2010 to a quasi-civilian government. But active or retired army officers continue to wield great authority.

Cease-fire agreements with most of the 13 non-state armed groups are deemed by some observers to be in jeopardy with occasional clashes continuing between ethnic rebels and the Burmese military.

Ethnic Burman dominance over the Karen and other minorities has long been the catalyst for separatist rebellions and has compelled thousands of civilians to flee their homes.

 

 

By Steve Herman

 A veteran journalist, Steven L Herman is the Voice of America Asia correspondent.

Thai-Burma Border NGO Prepares for Refugee Return

RANGOON — The Border Consortium (TBC), an NGO on the Thai-Burma border, is focusing on preparations for the return to Burma of more than 120,00 refugees in Thailand amid reductions in cross-border funding.

In TBC’s latest report, published on Tuesday, executive director Sally Thompson said, “The Border Consortium continues to integrate the provision of humanitarian aid to conflict-affected people while prioritizing a focus on preparation for return.”

As the process of political reform and peace negotiations continue in Burma, TBC is embracing the prospect of refugees returning to their homeland, according to the report. With an invitation from the Burmese President’s Office, TBC has established an office in Rangoon to run its humanitarian operations.

“We have also created several new staff positions and added new members to our management team as we continue to reorient all of our programs toward preparation for return,” Thompson said in the report.

TBC has said it is necessary to ensure a safe return to the country, as clashes continue between the military and rebel armed groups in some ethnic areas. In its report, TBC said it agreed with the Burmese and Thai governments that conditions do not yet exist for the organized return of refugees.

“There is still much work to be done before refugees can be assured of voluntary, safe, dignified return. Nonetheless, we are all engaged in a period of transition,” said Thompson.

While the pace of change has slowed in Burma, it continues to build a sense of cautious optimism in the international and NGO communities. But the uncertainty of what lies ahead can heighten anxieties among conflict-affected communities, said TBC in the report.

Recently, TBC announced that it would reduce rice rations to some of the 120,000 refugees it supports as part of its humanitarian work. Rations for adult refugees deemed “self-reliant” will be reduced, as donors redirect funds to programs preparing for the return of refugees to Burma.

Mike Bruce, a spokesperson for TBC said, “Funding has been reduced to humanitarian aid as donors are starting to place more funding in programs that prepare the refugee community for return.”

TBC is a humanitarian organization that has provided humanitarian aid and other supplies to Burmese refugees on the Thai-Burma border, as well as to internally displaced persons (IDPs) in war-affected regions in eastern Burma, for almost 30 years.

Crackdown leaves 100,000 refugees vulnerable

Refugees registered under the UNHCR have not been provided clear legal protection by the Home Ministry from the impending crackdown on illegal immigrants.

PETALING JAYA: The crackdown on illegal foreigner workers beginning on Sunday leaves more than 100,000 asylum-seekers and refugees vulnerable because they do not have documents yet, Tenaganita said.

“The Home Ministry has done nothing to provide a clear legal protection framework for the refugees registered by the UN refugee agency (UNHCR) and tens of thousands of asylum seekers waiting to be registered in Malaysia,” said migrants workers non-governmental organisation executive director Irene Fernandez.

She told reporters that the laws made no distinction between asylum-seekers registered with UNHCR and undocumented workers, and this would leave them vulnerable to a “crackdown”.

“Tenaganita would also like to remind the ministry that there are at least several hundred refugees who were forced by their employers to register under the 6P (programme), but remain undocumented due to their refugee status.

“What action will be taken to prevent registered and unregistered refugees from arrest, detention and deportation?” she asked.

She said Home Minister Ahmad Zahid Hamidi’s call for the crackdown on illegal migrants reflected “a failure of his leadership”.

Fernandez said the ministry had done nothing concrete to remove barriers preventing illegal immigrants from gaining legal status in the first place.

“So far, Tenaganita has filed cases involving 55 outsourcing agencies affecting more than 5,000 workers with the police, the immigration, the Home Ministry and Human Resources Ministry.

“In spite of hundreds of police reports made against these agents by workers, none of them have been investigated, arrested or charged,” said Fernandez.

She was referring to agencies granted permission by the government to carry out registration and legalisation of migrants.

Fernandez said she had received reports that these government-approved outsourcing firms had created their own “shell companies” and placed work permits under these firms without providing employment to the workers.

“Migrants who paid thousands of ringgit to these agents to obtain legal documents are now being targeted by the government,” she said.

She added that many of the migrants live in fear of human-trafficking and forced labour.

Fernandez said some had paid RM4,000 but yet to receive a work permit, while their passports remained with their agents.

If the home minister continues with the proposed crackdown, then the government is not only supporting fraud and abuse of migrants, but is in collusion with agents to operate a system of labour-trafficking,” said Fernandez.

NGO to Cut Rations for ‘Self-Reliant Refugees’ on Thai-Burma Border

Bamboo huts with leaf roofs, built by refugees, dot the hills of Mae La Oon camp southwest of Mae Sariang in northern Thailand. (Photo: Dieter Telemans / TBC)

RANGOON — Rice rations for many of the more than 120,000 Burmese refugees living on the Thai-Burma border will be reduced, due to a reduction in funding for a humanitarian organization that has provided food for them for more than two decades.

The Border Consortium (TBC) says its funding for humanitarian work has dropped as donors redirect their funds to programs preparing for the return of refugees to Burma.

“However, donors are continuing substantial funding to humanitarian aid and making sure refugees continue to receive a standard ration while making sure the most vulnerable receive extra and children see no reduction,” TBC spokesman Mike Bruce told The Irrawaddy on Friday.

TBC announced this week that less rice would be provided for some households beginning with December’s food rations, which are distributed in late November, but that rations would not be reduced for children under the age of 18.

Under the revised rice rations plan, households are categorized according to their level of need, with four groups: self-reliant, standard, vulnerable and most vulnerable. Self-reliant households will see a cut in rice rations for adults.

“In order to ensure that the community’s basic needs are met, TBC is continuing to maintain a standard monthly ration while introducing four staged levels of assistance,” TBC executive director Sally Thompson said. “People who are in need of extra assistance may receive an increase in their rations.”

TBC added that ration changes were not intended to promote an early return to Burma.

“It is important to note that, currently, the refugee community, the Royal Thai Government, the Government of the Republic of the Union of Myanmar and UNHCR [the UN refugee agency] all agree that conditions do not yet exist for an organized return,” Thompson said.

TBC also said no changes in rations were being made at refugee camps in Ban Mae Surin and Ban Don Yang, among nine refugee camps on the Thai-Burma border. A fire at the Ban Mae Surin camp this year destroyed most of the property of residents there.

“The two camps that are not being reduced overall are assessed as highly vulnerable. One is still recovering from the fire in March, while the other is very isolated and has limited opportunities for livelihood programs and activities,” said Bruce.

He said TBC was concerned about the refugees and working to ensure that all households were aware of the changes in rations so they would have time to prepare.

TBC and other NGOs are currently working in the camps to offer a variety of income, employment and skills training programs.

“In order to give the community more experience in managing their food supply, TBC is also introducing community-managed targeting. This means that the camp community, not TBC, will determine which level of assistance each household qualifies for,” said Thompson.

Currently, the standard ration of rice is 12 kilograms per month for adults. The standard ration is being changed to 8, 10, or 12 kilograms, depending on need. Refugees also receive yellow split peas, vegetable oil, vitamin and mineral-fortified flour, fish paste, iodized salt and charcoal, none of which will be affected by the ration changes.

As of July 30, 129,787 people were living in refugee camps on the border, according to TBC.

At home in a Thai garbage dump, Myanmar illegal immigrants earn a living

A boy collects garbage at a garbage dump in Mae Sot in Thailand, near the border with Myanmar. He is among many illegal immigrants from Myanmar who opt to live and work there. (Shingo Kuzutani)

MAE SOT, Thailand--Here in the northwestern part of the country, a one-square kilometer mound of trash is also home and workplace to some 500 illegal immigrants from Myanmar.

They came seeking a better income, and even since the democratization of Myanmar, their numbers are increasing.

The refugees make a living by sifting through and collecting garbage amid the foul smells and swarms of flies.

They carry large bags over their shoulders, and throw anything into them that can be sold for cash--plastic bottles, jars and steel cans.

Within the dumping grounds there are about 150 households, shacks covered with plastic-sheet roofs to keep rain away.

One is home to Aung Win, 50, and his wife, who arrived on the site seven years ago from Mawlamyine, a city in southern Myanmar. He earns up to 50 baht (150 yen, or $1.5) a day. Even though he earns only 20 baht on a bad day, he says it is still more than what he would earn in his homeland.

“I want to do other jobs if I could, but I don’t have a skill,” he said. “This is all I can do for living.”

Aung Win sends money to his two daughters who live in Myanmar every couple of months.

He said he plans to return home after saving up 15,000 baht.

“I don’t know how long it will take (until he can save that amount),” Aung Win said. “I would be happy to return as soon as Myanmar’s economy gets better.”

Children are also among the squatters working at the site.

Gote, 12, earns 20 to 30 baht a day.

The boy’s father drowned in a river along the Myanmar border.

His mother stays at home taking care of his older brother, who is ill in bed, he said.

“I want to work. So I am fine without attending school,” the boy said.

In order to work here, those aged 18 or older are required to pay 350 baht a year to the land owner.

Plastic bottles sell to recycle services for 20 baht per kilogram, while steel cans sell for 2.5 baht.

Since squatters are illegal immigrants, they sometimes face police crackdowns.

“Once arrested, they are sent back to Myanmar,” one resident said. “But most of them come back soon anyway.”



'LIFE IS BETTER HERE'

Members of Myanmar’s minority ethnic groups fled to Thailand as refugees during the 1980s, fleeing from the oppressive military government.

Since then there has been a constant stream of migrant workers from Myanmar. In recent years, the stream has become a large flow.

According to the Thai Ministry of Labor, there are about 1.45 million legally registered migrants from Myanmar, who have been granted with work permits.

Including illegal workers, the total number of immigrant workers is estimated around 2.5 million.

Disparities exist among Myanmar immigrant workers. Those who cannot read and write have a hard time finding work even at factories and construction sites.

A member of a nongovernmental organization helping refugees in Mae Sot said, “Some had started sorting garbage at dump sites, unable to find other jobs. Their relatives and acquaintances under similar circumstances came to live there.”

U.S. photographer Fred Stockwell has been active in supporting people living in Mae Sot’s garbage dumps.

Asked if they did not want to move to more hygienic places, Stockwell said, “There have been attempts to relocate immigrants, but only a few people have moved out.”

He added: “They have been there for 10 to 12 years. It is pretty much like a community. So they are reluctant about being relocated. They have families there and are quite accustomed to living that kind of life.”

Many groups actively support Myanmar’s refugees and immigrant workers in Mae Sot, where there are also medical clinics, kindergartens and schools that are practically free.

Although the dangers of working at a garbage dump cannot be ignored, many are attracted by the reality that a life at a garbage dump “is better than life in the homeland.”

(This article was written by Shingo Kuzutani in Mae Sot and Ryosuke Ono in Bangkok.)

Congolese nun named winner of prestigious Nansen Refugee Award

Sister Angélique Namaika is a familiar sight on her bicycle, which she uses to visit the girls she helps in Dungu and nearby villages

GENEVA, September 17 (UNHCR) – The UN refugee agency on Tuesday announced this year's Nansen Refugee Award is being presented to Sister Angélique Namaika, who works in a remote north-east region of Democratic Republic of the Congo (DRC) with survivors of displacement and abuse by the Lord's Resistance Army (LRA).

Sister Angélique, through her Centre for Reintegration and Development, has helped transform the lives of more than 2,000 women and girls who have been forced from their homes and abused, mainly by the LRA, a rebel group originating in Uganda. Many of those she helps recount stories of abduction, forced labour, beatings, murder, rape and other human rights abuses.

Her one-on-one approach helps them recover from the trauma and damage. On top of the abuse they have suffered, these vulnerable women and girls are often ostracized by their own families and communities because of their ordeal.

It takes a special kind of care to help them heal and to pick up the pieces of their lives. Sister Angélique does this by helping them learn a trade, start a small business or go back to school. Testimonies from these women show the remarkable effect she has had on helping turn around their lives, with many affectionately calling her "mother."

The announcement of the 2013 Nansen prize coincides with the release of a report about life for those displaced by LRA violence. Since 2008, hundreds of thousands of people have been forced to flee in DRC's north-eastern province of Orientale – in some cases several times. Today, an estimated 320,000 of them are still living in displacement. The report, produced by UNHCR and the IDMC (Internal Displacement Monitoring Centre), highlights why LRA violence has created such severe and long-lasting trauma for both the abductees and the hundreds of thousands of people still too afraid to return home.

Sister Angélique herself was displaced by the violence in 2009 while living in the town of Dungu, in Orientale province. She knows the pain of fleeing one's home. It is part of what drives her to work day in and day out to reach all those in need.

UN High Commissioner for Refugees António Guterres commended this year's laureate, "Sister Angélique works tirelessly to help women and girls who are extremely vulnerable due to their trauma, poverty and displacement. The challenges are massive, which makes her work all the more remarkable – she doesn't allow anything to stand in her way."

Working in a location where electricity, running water and paved roads are scarce, the Roman Catholic nun's work is exceptional. Although she lacks proper tools and her resources are almost non-existent, Sister Angélique does not allow herself to be deterred. She has made it her life's work to ease the suffering of these uprooted women and girls – to give them renewed hope for the future.

Guterres continued, "These women's lives have been shattered by brutal violence and displacement. Sister Angélique has proven that even one person can make a huge difference in the lives of families torn apart by war. She is a true humanitarian heroine."

Responding to the announcement, the new Nansen winner said: "It is difficult to imagine how much the women and girls abused by the LRA have suffered. They will bear the scars of this violence for their whole lives. This award will mean more displaced people in Dungu can get the help they need to restart their lives. I will never stop doing all I can to give them hope, and the chance to live again."

Sister Angélique will receive the Nansen Refugee Award and the Nansen Medal at a ceremony in Geneva on September 30. The event will feature a keynote speech from best-selling author Paulo Coelho and musical performances by British singer-songwriter Dido, Malaysian singer-songwriter, Yuna, and Grammy-nominated Malian musicians, Amadou and Mariam.

Following the ceremony, Sister Angélique will travel to Rome, where she will be received at the Vatican by Pope Francis on October 2 before proceeding to Paris, Brussels and Oslo for other meetings.

See also The Nansen Refugee Award website

Malaysia proposes to make work legal for refugees

TheStar

The job could not be better — apart from the good wage, food, accommodation and transport are provided. With jobs hard to come by for refugees, Somali refugee Ahmed and friends were grateful.

Come payday, however, their “dream job” became a nightmare. Instead of getting paid, Ahmed and friends were slapped with a bill for their food and accommodation.

“He told us we had to pay him because we owed him money for the food, accommodation and other expenses,” says the 28-year-old who fled to Malaysia two years ago.

When they protested, they were threatened with beatings and even deportation to Somalia.

Forced to work illicitly, refugees in Malaysia are at risk of exploitation and victimization by some unscrupulous employers.

Hence, many welcome the government's proposal to allow them to work legally while they await resettlement to a third country or voluntary repatriation.

Currently, some 104,070 refugees here are registered with the United Nations High Commission for Refugees (UNHCR) while some 50,000 are waiting to be registered. To survive, they take up informal and odd jobs.

Formalizing work for refugees will give them a legal recourse if they get caught in any exploitative situations with employers, says S. Sharif Mohamed, the leader of a Somali refugee community in Kuala Lumpur.

“For example, those like Ahmed will be able to go to the police if they are not paid or are ill-treated by employers. Knowing that refugees are protected, meanwhile, will make employers think twice before exploiting them,” he adds.

At the same time, it will encourage more employers to hire refugees, Sharif highlights.

“Some employers now are reluctant to hire refugees because they are afraid of getting into trouble with the authorities,” he says.

As reported, the Home Affairs Ministry is working with the Immigration Department and UNHCR to devise plans on providing training and jobs for them.

This includes implementing a proper recruitment and monitoring system to ensure that the refugees are not exploited or trafficked in any way.

The Right Mechanism

For many employers, however, their worry about hiring refugees and asylum seekers is the lack of proper legal and administrative framework governing them in Malaysia.

But according to UNHCR representative in Malaysia Michele Manca di Nissa, there are already systems in place for refugee documentation, protection and assistance in the country.

“UNHCR has already established good cooperation with the Malaysian Government with some ad hoc arrangements for refugee protection and assistance.

“For instance, the UNHCR documentation is increasingly being recognized by law enforcement officials and UNHCR is able to intervene for the release of refugees should they be held for immigration offences,” he clarifies.

Getting refugees to fill labour needs

Roughing it out: Many refugees welcome the government’s proposal to allow them to work legally while they await resettlement to a third country or voluntary repatriation. Seen here are Myanmar refugees Htet Thiri (left), 25, and Than Than, 42, who are eagerly awaiting that day.

Plans are underway for the Home Affairs Ministry to make work legal for refugees and asylum seekers in Malaysia.

THE job could not be better – apart from the good wage, food, accommodation and transport are provided. With jobs hard to come by for refugees, Somali refugee Ahmed* and friends were grateful.

Come payday, however, their “dream job” became a nightmare. Instead of getting paid, Ahmed and friends were slapped with a bill for their food and accommodation.

“He told us we had to pay him because we owed him money for the food, accommodation and other expenses,” says the 28-year-old who fled to Malaysia two years ago.

When they protested, they were threatened with beatings and even deportation to Somalia.

Forced to work illicitly, refugees in Malaysia are at risk of exploitation and victimisation by some unscrupulous employers.

Hence, many welcome the government’s proposal to allow them to work legally while they await resettlement to a third country or voluntary repatriation.

Currently, some 104,070 refugees here are registered with the United Nations High Commission for Refugees (UNHCR) while some 50,000 are waiting to be registered. To survive, they take up informal and odd jobs.

Formalising work for refugees will give them a legal recourse if they get caught in any exploitative situations with employers, says S. Sharif Mohamed, the leader of a Somali refugee community in Kuala Lumpur.

“For example, those like Ahmed will be able to go to the police if they are not paid or are ill-treated by employers. Knowing that refugees are protected, meanwhile, will make employers think twice before exploiting them,” he adds.

At the same time, it will encourage more employers to hire refugees, Sharif highlights.

“Some employers now are reluctant to hire refugees because they are afraid of getting into trouble with the authorities,” he says.

As reported, the Home Affairs Ministry is working with the Immigration Department and UNHCR to devise plans on providing training and jobs for them.

This includes implementing a proper recruitment and monitoring system to ensure that the refugees are not exploited or trafficked in any way.

The right mechanism

For many employers, however, their worry about hiring refugees and asylum seekers is the lack of proper legal and administrative framework governing them in Malaysia.

But according to UNHCR representative in Malaysia Michele Manca di Nissa, there are already systems in place for refugee documentation, protection and assistance in the country.

“UNHCR has already established good cooperation with the Malaysian Government with some ad hoc arrangements for refugee protection and assistance.

“For instance, the UNHCR documentation is increasingly being recognised by law enforcement officials and UNHCR is able to intervene for the release of refugees should they be held for immigration offences,” he clarifies.

On the worry of refugee workers running away or leaving, Manca di Nissa draws attention to the main reason why they fled their home countries.

“Refugees and asylum-seekers fled their countries because of conflict and widespread human rights abuses. It was not a choice.

“Unlike economic migrants, refugees do not enjoy the protection of their home countries and cannot return home or be deported. They fear being deported back where their lives and freedom are at risk. They would not jeo­pardise the safety they enjoy in Malaysia.”

Manca di Nissa sees the proposal as a practical and pragmatic way of responding to the refugee situation in Malaysia.

“This is a move that will help the refugee population here. It is a humanitarian solution to a humanitarian problem, which we welcome. It takes account of social realities on the ground, which are better tackled than ignored,” he stresses.

It makes a lot of sense to use the existing refugee population to fill the labour needs of the country, he adds.

“Refugees have skills and are able to contribute to the society in which they live. Here, they are readily available as a source of labour while there is a need for foreign labour.”

Crucially, Manca di Nissa believes the scheme can be implemented easily, without reviewing the labour management framework or drawing up new labour policies.

“There is no need to create parallel systems. One practical approach could be to integrate refugees within this same foreign labour system.

“If refugees are able to access work legally, then just as any other legal migrant in the country, they would enjoy the same basic work rights and workplace protection as any other migrant, thus addressing issues such as minimum wage, work hours, workplace safety, and exploitation by employers.”

For some, this is the crunch. With the problems currently afflicting the foreign labour here, there is a danger of putting the already vulnerable community in a more vulnerable position.

The Malaysian Bar, for one, is of the view that a proper system is needed to ensure that refugees and asylum seekers are accorded the basic labour rights of a decent wage, fair working hours, off-days, medical benefits and workplace health and safety protection – something that many migrant workers here do not receive despite the laws and policies in place.

“They are also at risk of harassment, extortion and ill-treatment by enforcement officers and members of the public during their travel to and from work, and even in their place of residence. They are living in a climate of fear and insecurity,” states Malaysian Bar president Christopher Leong.

Tenaganita executive director Dr Irene Fernandez agrees, “If we don’t put in the proper mechanism, we will be creating another group to be exploited by unscrupulous employers.”

Syarif implores employers not to use the opportunity of hiring refugees to cut production costs.

“We hope people can remember that refugees also need to eat, pay rent and use transportation, so they need enough pay. At least they should get minimum wage like other workers.

“Anyway, it will create another problem (if refugees are paid less) because it might take jobs away from locals,” he says.

Ultimately, says Syarif, legalising work for the refugees will help them help themselves.

“We now have to rely on others for help. If we are allowed to work formally, we will be able to stand on our own two feet.”

For the Somali refugee community that is made up of 90% widowed or abandoned women, it will be a huge relief.

“Right now, I take any job that I can to survive with my young son here. But it puts me at the mercy of my boss. If he doesn’t pay me for working extra hours, I cannot say no,” shares 53-year-old Amina Hassan who fled to Malaysia three years ago after her husband disappeared in the civil war.

If they are officially allowed to work, she adds, she can get a better job at restaurants or hotels and stop begging for money from her relatives all the time.

Another group in the 1,100 over Somali community is young girls who have been sent away by their families to prevent them from being war rape victims.

Mayaa Abdiqadir, 16, and Fatima Mahamed, 18, say it will help them when they are resettled in the third country in the future.

“It will be easier for us to get work or continue our studies there if we have some sort of work training and experience,” says Fatima, who dreams of becoming a teacher one day.

It is important to remember that refugees do not wish to be a burden to their home country, Manca di Nissa reiterates.

While Malaysia has extended its generous hospitality in allowing refugees to remain in the country, the current restriction on employment makes it difficult for them to fend for themselves, while putting them in an insecure situation daily. Hence, granting legal access to work for refugees should be a priority.

Finding the right fit

Interestingly, many Malaysian employers are in support of the move to allow refugees to work.

Cyber entrepreneur J. Choy is willing to hire refugees for a variety of jobs, depending on their skills.

“They too need work to survive. I hear there are many jobless Middle Eastern refugees stuck in Malaysia who are highly educated and skilled.”

Malaysian Employers Federation (MEF) executive director Sham­sud­din Bardan agrees that it will be a waste of available human resource not to allow refugees to work.

“The move to train and allow refugees to work is good for the employers, especially in light of the anticipated gap left by illegal foreign workers when the Home Affairs Ministry step up enforcement to weed out illegal foreign workers.”

Under the Human Resource Ministry, foreign workers are allowed to work in the manufacturing, construction, plantation, service and domestic help sectors.

Opening the employment in these sectors, as well as those not attractive to locals, will help address any labour shortage problems.

“Currently, many Myanmar refugees are employed in the retail trade (hypermarket, supermarket, wet market) and they seem to be able to adapt well to the requirements of the job. Further training will make them more adaptable,” says Shamsuddin.

Dr Fernandez, however, raises the importance of giving refugees job choices.

“While it is important for us to recognise the rights of refugees to have the right to work, they must be given the choice to work wherever they want and not to define any sector of employment,” she stresses.

This is something that Mohammad Sadek, programme coordinator for the Rohingya Arakanese Refugee Committee (RARC), believes in strongly,

“There are many refugees with trained skills and high qualifications. They should be allowed to work in areas they are interested or capable in.”

Manca di Nissa agrees.

“Our interest is in supporting Malaysia’s own needs while ensuring that these are sectors where refugees are able to contribute and we hope that it will also take advantage of the skills refugees have to offer. UNHCR welcomes further dialogue with the Malaysian Government on specific sectors as a start, and this can be reviewed at a later date,” he says.

Crucially, having job opportunities will not lead them to abuse Malaysia’s hospitality, says Sharif.

“We are thankful to the Malaysian Govern­ment and the people to let us stay here in peace but we don’t want to stay here forever. We wish we could go home one day but for now, we hope the UNHCR will still help us get resettled to another country,” he says.

As Shamsuddin puts it, not working will cause various social and economic issues, not only for refugees but also to society at large.

“Normally, refugees need to be at the host country for a long period as the process to be accepted by a third country or to go back to the home country will take some time to be finalised.”

In this regard, it is crucial that the Govern­ment put in a more comprehensive legal and administrative framework for dealing with refugees and asylum seekers in a more holistic and humane manner, argues Leong.

“Allowing them to work is a positive step in the right direction, but we also need to look at their other rights such as health and education for their children. Our laws are not properly geared to accord them due recognition, care and protection,” he says, stressing that it is high time Malaysia ratifies the 1951 Refugee Convention and the 1967 Protocol relating to the status of Refugees.

To Sharif, it is simple.

“Ultimately, it is a question of survival for us refugees,” he says.

It would be best if the Malaysian employer pay respect Basic Human Rights and Worker's rights to Burmese Refugees. These are our greatest experiences in Malaysia.  For months, we are not paid by employers and we are forced to be arrested if we complain about our payment to the employer. Malaysia police pay more respect to Local Employer rather than considering  the fact which is right or wrong. 

'Hire refugees as maids instead'

PETALING JAYA: Malaysian employers need not look further than home for their foreign maids. The refugee community in the country can provide a cheaper alternative source, supplying possibly over 20,000 maids.

Malaysian Maid Employers Association (Mama) president Engku Ahmad Fauzi Engku Muhsein said they plan to work with the United Nations High Commission for Refugees (UNHCR) soon to come out with a win-win solution for both employers and the refugees.

“The refugees need to work to support themselves here and we need manpower for domestic helpers,” Engku Ahmad pointed out.

“For employers, the main advantage will be cost. The refugees are already in the country, so we can save on transportation and levy costs.”

There are currently about 104,070 refugees and asylum-seekers registered with the UNHCR in the country, 30% of whom are women. More than 90,000 are from Myanmar while the others are from Sri Lanka, Somalia, Iraq and Afghanistan.

Engku Ahmad said tapping the refugee labour force was one option Mama came up with after Indonesia announced it would stop supplying maids to foreign countries in 2017. An estimated 35,000 Malaysian households are currently on the waiting list for foreign maids.

“We hope to meet the UNHCR soon to discuss the proposal and if acceptable, work out the mechanics, including the law, processing and medical screening before proposing it to the relevant ministries,” he said.

In an immediate response, representatives from various refugee communities in Malaysia welcomed Mama’s proposal, saying it would help refugees who needed to support their families with a stable income.

The proposal is also seen as timely as Home Minister Datuk Seri Ahmad Zahid Hamidi recently disclosed that the Immigration Department is working with the UNHCR to devise plans on providing training and jobs for refugees in the country. Currently, refugees recognised by the UNHCR are only allowed to work on an unofficial basis by doing odd-jobs.

Commenting on the Government’s job training plan, UNHCR representative in Malaysia Michele Manca di Nissa said: “We regard this as a practical and pragmatic way of responding to the refugee situation in Malaysia because there is a need for foreign labour and here are refugees as a readily available source of labour. Unlike economic migrants, refugees do not enjoy the protection of their home countries and cannot return home or be deported.”

Engku Ahmad said Mama is willing to provide the training for domestic helpers with the cooperation of the UNHCR.

“We already have a ‘Helper’ programme to familiarise them with the Malaysian culture and language.”

Malaysian Association of Foreign Maid Agencies (Papa) president Jeffrey Foo said they are open to sourcing refugees as domestic workers if the security issue is addressed.

“We need to study this carefully as they will be going into Malaysian homes and working with our children. Their lack of official status means that it will be difficult to take legal recourse if anything goes wrong,” he said.

Malaysian National Association of Employment Agencies (Pikap) president Datuk Raja Zulkepley Dahalan, said the move to hire refugees would only temporarily resolve the maid shortage, and stressed the need to re-negotiate with source countries like Indonesia and Cambodia.

We have experienced a lot of Maid Abuse in Malaysia. Refugees should take this opportunity . 

Refugee communities welcome plan

PETALING JAYA: The refugee communities in Malaysia have welcomed the proposal for their women to help fill the demand for domestic workers in the country.

“Some Somali women are already working as home servants and clean houses or offices part-time,” said S. Sharif Mohamed, leader of the Somali refugee community in Gombak, Kuala Lumpur.

“The women who are here are mostly war or political widows and they rely on assistance from relatives and friends. Working as maids will give them a chance to be self-dependent. The work experience will also give them a better chance to get work if they go to a third country after Malaysia,” he added.

There are currently 1,170 Somali refugees – over 90% of whom are women in the country.

Sharif believes cultural difference will not be an issue.

“Although African culture is different from Asian culture, as Muslims we share many similarities with the Malaysian Muslims.”

The proposal will also help many Myanmar refugees who need to support their families with a stable income, said Moe Moe Khing, the women affairs coordinator for the Burma Refugee Organisation.

While they welcome the plan to allow refugees in Malaysia to work, Mohammad Sadek, programme coordinator for the Rohingya Arakanese Refugee Committee said Rohingya women would need to receive education and some training before they are able to go out and work.

He said one worry they have is that UNHCR will stop their aid and support if the refugees start working.

Tenaganita executive director Dr Irene Fernandez said the refugees’ rights should be protected in the event they are hired as maids.

“The shortage of domestic workers is there because we do not have laws and polices in place to protect their rights. Unless and until we put the right protection in place, we should not be recruiting anyone into domestic work, much less refugees who are already vulnerable to exploitation,” said Dr Fernandez.

Burmese labour minister urged to fight for migrants in Malaysia

Burma’s Labour Minister Aye Myint arrived on Monday evening in the Malaysian capital Kuala Lumpur where he and his government delegation met with Burmese rights groups to discuss the current issues surrounding a crackdown by Malaysian police on migrant workers.

San Win, the chairperson of the Malaysia-Myanmar Free Funeral Service, said the meeting took place at the Darby Park Hotel, and that Aye Myint vowed he would help secure the return of Burmese nationals who wished to go home in the wake of the crackdown in which some 550 Burmese migrants have been detained.

The labour minister also reportedly said that he would raise the issue with Malaysian immigration authorities, as well as the question of high rates of tax that Burmese migrants are often expected to pay.

San Win said the meeting with Aye Myint was short because of a flight delay, however the rights group took the opportunity to brief him about a lack of security for Burmese migrant workers in Malaysia. He cited the case of six Burmese nationals who were killed during the latest bout of violence which allegedly was an offshoot of communal clashes in Burma between Buddhists and Muslims.

“There has been one murder every month since then, and none of the cases have ever been solved,” he said.

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“We urged the minister to pressure the Malaysian authorities regarding this issue, while other migrant groups brought up the matter of Burmese girls being raped in central Kuala Lumpur,” he said.

He said the minister was also informed about how Burmese migrants were being cheated in the process of applying for work permits and other paperwork.

The delegation was due to visit the Malaysian Home Affairs Ministryon Tuesday, as well as a factory where many Burmese migrants work.

Yan Naing Htun of the Centre for Protection of Burmese Migrant Workers said he did not think the delegation’s visit would bear any fruit.

“I don’t think anything will come out of this since the Burmese embassy in Malaysia is not doing the job they are supposed to do – because they are afraid [of the Malaysian authorities],” he said.

Local newspapers on Tuesday reported that a 20-year-old Burmese worker had died when he jumped out of an eight-story building during the crackdown.

Social media fuels police crackdown on Shan migrants in Thailand

Police roundup suspected Shan migrants in Chiang Mai, Thailand. (Photo posted on Postjung.com)

Shan migrants in northern Thailand have become the targets of an online hate campaign and systematic police crackdown, after news spread of a series of gang-related attacks in the Lanna capital.

Over 200 migrants have been arrested and detained by police in the northern city of Chiang Mai in the wake of two vicious knife attacks on Thai citizens, which have been pinned on a group of ethnic Shan youths, known as the “TaiYai Samurai Gang”.

The attacks have prompted ire among the local Thai population and fuelled a xenophobic social media campaign against the city’s tens of thousands of ethnic Shan migrants. A Facebook group called “Kill TaiYai” has gathered nearly 11,000 likes and hundreds of mocking comments – predominantly from young men in the Chiang Mai area – calling for the expulsion of Shan migrants from Thailand.

On Saturday night, a group of 12 suspected Shan youths were apprehended carrying a one metre long sword. Police have since set up checkpoints around the city and conduct daily sweeps of ethnic Shan neighbourhoods and migrant workplaces.

A local police sergeant told DVB that a special operation to crack down on Burmese migrants had been ordered to restore calm in the city.

“There have been lawless acts such as brawls, where people get beaten up or murdered with swords and other weapons, causing panics in the public and recklessly driving around motorbikes,” said Sergeant Khun Wichit from Chang Phuak Police Station.

He insisted that they were not targeting the Shan people “but everyone who acts lawlessly” including Thai nationals. “The arrests will continue as long as the delinquency does,” he said.

But rights activists say it has turned into a witch-hunt against migrant workers, who had nothing to do with the violence. Shan “looking” migrants travelling on motorbikes are being routinely stopped by police and interrogated about their ethnicity.

“The first thing they ask you is: are you Shan?” Toom Mawk Harn from the Migrant Assistance Programme (MAP Foundation) told DVB. “If you say yes they will arrest you.”

Two DVB reporters were stopped and searched by the authorities on Thursday night, and only released once they showed their press cards.

Campaigners say that both unregistered and registered migrant workers have been targeted, with the latter only released once their employers come to collect them. Many say they have been exhorted for money in the process.

“[Shan] people are now very scared to go out at night or day time,” Toom Mawk Harn said. “They have difficulty in their daily lives – they cannot go out to work, or to the temple.”

Police have raided local markets and construction sites, where hundreds of Shan migrants earn a living, forcing many to stay in their homes. Daily raids have also been reported in Shan neighbourhoods.

A Shan youth, who asked not to be named, told DVB that plain clothed policemen first turned up near his home last week and began rounding up youths. “I could see my friend sitting and waiting in the car surrounded by police.”

“There were three raids in my neighbourhood within one day,” said another.

Migrants in Thailand make up about five percent of the county’s workforce, and provide a crucial pool of labour for low-skilled, often dangerous, industries. Up to three million people, or about 80 percent, are estimated to come from Burma, and often occupy a quasi-legal existence, which leaves them vulnerable to abuse by the authorities.

“People without ID cards run away when they see the police,” explained a second-generation Shan local. He added that the “TaiYai Samurai Gang” mainly consists of disaffected youths – some with ID cards, and some without. “But most of the leaders have already left town.”

According to Toom Mawk Harn, local community groups are working with the police to restore calm in the city. In the meanwhile, the MAP Foundation is issuing warnings via radio to the local communities, instructing them to avoid travelling at night.

In 2009, the gang-rape of a local student, allegedly by three Shan men, sparked a similar crackdown.

-Ko Htwe provided additional reporting

Shans fear repatriation to Burma

Around 400 Shan refugees live in limbo at the Koung Jor refugee camp in northern Thailand (Colin Hinshelwood) 

The weather is often misty and cold in the mountainous jungle surrounding Koung Jor, the Shan refugee camp located a stone’s throw from the Burmese border in Thailand’s Wiang Haeng district. 

Koung Jor means “happy hill”, and dozens of Shan families were smiling widely last Sunday morning when a donation of mosquito nets arrived from the International Office for Migration.

“Their happiness at receiving new mosquito nets will soon disappear if you start asking them how they feel about repatriation. They will panic,” said 33-year old Sai Kyaw, who has been volunteering for nearly 10 years on an education program for children at the camp.

Koung Jor has been populated since 2002 when some 400 displaced villagers from areas within a 10-mile radius of the Thai border fled fighting between Burmese government troops and the Shan State Army-South (SSA-S).

But these Shans, or “Tai-Yai” as the Thais refer to their ancestral brothers, are not recognised as refugees by either the Thai government or the Office of the United Nations High Commissioner for Refugees, which has only been granted limited freedoms to operate in the Kingdom.

Since establishing the camp, Thai authorities have sheltered the displaced Shan villagers with an eye to repatriating them as soon as possible.

In July, Burmese policemen (introducing themselves as tourists from Tachilek) visited Koung Jor and inquired openly whether the refugees wanted to return to Burma. The response was a resounding “no”. Following their visit the camp leader was contacted by the Burmese military commander across the border at Mong Taw informing him that new housing would be built for returning families in that area.

“The Burmese military commander said they had already discussed and confirmed the matter with our chairman,” said camp representative Sai Leng, speaking to DVB last weekend. “I asked him who our chairman is. ‘He said Yawd Serk [the head of the SSA-S].’ Actually, he is not our chairman. I replied that we are not related to the SSA and that we are victims of war.”

Sai Leng said that neither the Burmese government nor any of the armed Shan groups have requested the consent or opinion of the Koung Jor refugees on the matter of repatriation.

In August 2012, a Norwegian NGO was contracted under the Myanmar Peace Support Initiative to survey the Shan refugees at the camp about returning to Burma. The survey was soon cancelled after word got around the camp that the designated resettlement site at Mong Taw was still an active war zone, peppered with land mines.

Many NGOs and rights groups have criticised the plan as an attempt to use the Shan refugees as guinea-pigs in testing the Norway-backed peace process.

“The Burmese government wants to show the world that everything is OK, but they never consider the lives and livelihoods of the refugees,” said Sai Leng. “Even if they sign ceasefires we wouldn’t believe they would hold. If they told us they had cleared all the land mines, we wouldn’t believe them.”

He pointed out that while waiting for an impending decision to forcibly repatriate everyone from the camp, the refugees’ rations have been cut by donors.

In August, Shan community groups urged Burmese, Thai and international parties to be fully transparent when deciding on the issue of repatriation, and to comply with international standards guaranteeing safety and dignity.

But many observers are still of the opinion that any repatriation must be voluntary.

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“If the repatriation process goes ahead, the education of our children will be most affected. They will have to start all over again,” said teacher Sai Kyaw. “The older children who don’t wish to start at the bottom will lose their education. Here in Thailand, the education system is better than our country. Also, the children can read and speak Thai and Shan. If we have to go back, they will have to learn Burmese.”

Nearly half of the camp population are children who currently go to Thai schools and learn the national curriculum. Shan children born in the Kingdom also qualify for Thai citizenship. But since it is not possible to hold dual nationality under Burmese law, it has created a quandary for refugee families.

“Some parents would like to go back because they want their children to get Burmese citizenship. But they are wary that they may have to flee their homes again as they did many years ago. Even the children who are older than 11 have memories of the war,” said Sai Kyaw, adding that children without citizenship can rarely go on to tertiary education in Thailand.

Meanwhile, just over the border in eastern Shan state, violent skirmishes between government and rebel troops continue. More than 100 clashes have been reported since the two leading ethnic Shan militias, the SSA-S and SSA-North, signed preliminary ceasefires with Naypyidaw almost two years ago. Kept firmly out of the peace process, the refugees have no idea when they might be forced to return.

But to prepare, children at Koung Jor are now learning Burmese for the first time at night classes in the camp school – a wooden hut with space for 12 students at a time.

“We are teaching the children Burmese so they can get by if they have to go back to Burma and attend school,” said Sai Kyaw. “But we must approach the matter of resettlement slowly and carefully, otherwise there will be chaos.”

Minister to seek migrant labour deal in Malaysia (Myanmar Times) - 9 September 2013

MINISTER TO SEEK MIGRANT LABOUR DEAL IN MALAYSIA

By Noe Noe Aung and Tim McLaughlin

A Ministry of Labour delegation will travel to Malaysia this week to propose a program to register undocumented migrant workers in Myanmar, a week after hundreds were detained in a nationwide crackdown launched by the Malaysian government.

Detained migrants, their hands bound, sit on the ground following a raid by immigration officials near Kuala Lumpur shortly after midnight on September 1. Photo: AFP

The delegation, scheduled to depart on September 9, will be led by Minister for Labour, Employment and Social Security U Aye Myint.

Department of Labour director U Myo Aung, who will also travel to Malaysia with the delegation, said the government hoped to reach an agreement with Malaysia on registering undocumented migrant workers.

“We [have] realised that solving problems each time they occur does not work. We need some policies to protect our workers there so we want to focus on negotiating an agreement,” he told The Myanmar Times on September 7.

He hinted that a temporary ban on sending migrant workers to Malaysia through legal channels that the government announced in June could be lifted after this week’s visit. “After we check the conditions in Malaysia, we’ll [allow] workers to go there if everything is fine for them,” he said.

Malaysia’s home affairs minister was quoted as saying last week that more than 2400 undocumented migrants have been arrested in 40 raids since the operation began on September 1.

More than 550 of those detained are Myanmar nationals but the Malaysian embassy in Yangon said last week it expects that number to climb as the sweeps continue.

The three-month operation is aimed at rooting out and deporting some 500,000 illegal workers – mostly from Bangladesh, Myanmar and Indonesia – who live in Malaysia and survive on low-paying jobs.

U Myo Aung said he did not think the government could do anything to help detained illegal workers because of the Malaysian government’s policy.

“From their side, the Malaysian government did their job and the workers are illegal so yes, they have the right to arrest them. They arrest every illegal worker – not only those from Myanmar but also from Indonesia, Vietnam, India and other countries,” he said.

Pranom Somwong, a representative of the Worker Hub for Change and Network of Action for Migrants in Malaysia, said the sweeps are mostly focusing on Kuala Lumpur, Selangor, Penang and Johor, which have been identified as “hubs” for undocumented workers.

Suspected illegal foreign workers sit on the ground during an immigration raid operation shortly after midnight on September 1 outside Kuala Lumpur. Photo: AFP

The Malaysian embassy estimates that there are 100,000 illegal Myanmar workers in Malaysia. There are another 300,000 documented workers, while about 3000 Myanmar nationals apply each month for Malaysian work visas.

The visit will be the second that Myanmar officials have made to Malaysia in recent months because of concerns over the safety of migrant workers.

Many workers are lured to Malaysia by brokers and employers with the promise of relatively high-paying jobs but after arrival find themselves working in poor conditions for low wages with their passports being held by their employers.

“Workers find themselves caught between potentially unscrupulous employment agencies and the risk of being arrested by immigration authorities,” said Ms Pranom.

Charles Hector, a lawyer and human rights activist in Malaysia who has worked extensively with Myanmar workers, described the crackdown as misguided because it targets workers instead of the employers and broker agencies that force them out of legal jobs.

He said many workers arrive in Malaysia legally but quit their jobs and lose their status as documented workers when they find conditions and pay far below what they expected.

He said another problem stems from workers being offered long-term contracts only to have them quickly terminated by employers looking to save money or operate off the books.

“The question is: How did they become undocumented?” said Mr Hector.

The Myanmar embassy in Kuala Lumpur could not be reached for comment last week, with repeated phone calls going unanswered. - Myannmar Times, 9/9/2013, Minister to seek migrant labour deal in Malaysia

Former Vietnam refugee pursues American education and dream

BOONE—“Knowledge is one thing no one can ever take away from you.”

Those are the words of Brian Pham, a senior actuarial science and finance double major at Appalachian State University who once lived in refugee camps.

He received the 2013 North Carolina Community College System’s Dallas Herring Award in May, presented to a current or former community college student who best embodies Herring’s philosophy of “taking people where they are and carrying them as far as they can go.” He transferred to Appalachian after graduating from Mayland Community College in December. His journey has indeed taken him far.

Born in what was then called Saigon, Pham and his father fled the country at the end of the Vietnam War. They were among nearly 1.6 million “boat people” who braved the South China Sea seeking refuge in Australia, Hong Kong, Indonesia, Malaysia and Thailand.

Pham was just 12 when his father woke him from his sleep to walk three days through the jungle to a small rice boat where Pham and others hid as it sailed for Malaysia. Pham’s mother and sister stayed in Vietnam while he and his father, who had been an officer in the Vietnamese People’s Army, spent the next seven years living in U.N.-sponsored refugee camps.

After temporarily returning to Vietnam for two years, Pham’s entire family was granted asylum in the United States through the Resettlement Opportunities for Vietnamese Returnees program.

Atlanta became their new home. “It was quite interesting. I remember those days, speaking little English,” said Pham, who by that time was 21 years old. He later developed conversational English language skills through his work as a nail technician. His customers gave him books to read and he watched TV to be more involved in the language.

While his father later returned to Vietnam to be with his brothers and sisters, Pham stayed in Atlanta and helped put his sister through college at Georgia Tech.

While in Atlanta, Pham reconnected with a woman who lived in the same refugee camp with him in Malaysia when they were children. They married and “during that time we made a commitment that we would see the country,” Pham said. “We have been all over the United States. Somehow we ended up in North Carolina.”

Pham and his family settled in Spruce Pine after purchasing a small nail salon there, which they continue to operate.

After his children, now ages 4 and 2, were born, Pham decided he wanted to go back to school, in part to better provide for his family. And as he said, “It was my turn,” to earn an education.

He enrolled at nearby Mayland Community College, where he fell in love with math, excelling in calculus, trigonometry and statistics and maintaining a perfect 4.0 grade point average.

After graduating from the community college, Pham visited three college campuses, “but Appalachian was the only place that felt like home,” he said. “I walked on campus and talked to the people and I knew this was where I wanted to be.”

Appalachian also was the only campus that he applied to attend. “I love it,” he said after three semesters at the university. “I like it here because of the laid-back atmosphere. It’s a good place to study.”

Going to community college and Appalachian has enabled Pham to further strengthen his English language skills.

He credits being able to balance being a student, father and husband to his wife and mother-in-law who managed child care duties until Pham’s son and daughter were old enough to attend day care.

Once they are fed and go to sleep, Pham has time to study. “It’s very challenging,” he said of being a full-time student and business owner. “Family is a big, big factor in my success.”

But the sacrifice is small compared to the journey that brought him from Vietnam to Atlanta and North Carolina.

“Of course we all know people get education for several purposes – to get a job, to get a raise. But to me the true purpose for being educated is about knowledge. Knowledge is something no one can take away from you,” he said. “Through all this chaos in the past few years with the economy, I still believe that the U.S. is still a land of opportunity. That can be proven time after time.”

http://www.news.appstate.edu

Refugees, Civil Wars and the Constitution

The Myanmar Constitution has been the most discussed subject recently; there are a series of comments and criticisms from various circles. It is a positive sign as the Constitution is an important issue for any country and it is encouraging to see many Myanmar citizens taking avid interest in it. The Constitution should not only guarantee fundamental rights of citizens, but also be fair to affairs of ethnic nationalities. Otherwise growing differences may lead to, alienation and consequently, end up in conflicts and civil wars. It will not be wrong to infer that the ongoing civil war between the government and various ethnic nationalities is due to loopholes and weaknesses in our current Constitution.

After Myanmar gained independence from the British, civil wars broke out it many regions, as ethnic groups demanded independence and autonomy. The present generation inherited war refugees as a consequence.

The issue of Myanmar refugees is a complex one. While referring to refugees, we have to keep in mind that there are not just war refugees seeking refuge in foreign countries. There are many more internally displaced persons (IDPs) living in jungles, refugee camps and fleeing to different regions in the country away from conflict zones.

According to the UNHCR (United Nations High Commissioner for Refugees) office report, there are 100000 recognized refugees, protected under the mandate of their office in Thailand alone. There are nine refugee camps along the Thai-Burma border. Some estimate that the actual number of refugees is between 150000 and 200000. Recently, Myanmar refugees had to flee to neighboring China too. Similarly, there are a sizeable number of refugees in Bangladesh and India.

The issue has a significant impact on the nation’s dignity. Myanmar has been severely criticized by the world for its poor refugee records. However, previous Myanmar governments neither admitted to nor recognized the existence of Myanmar refugees seeking refuge in foreign countries or IDPs. In fact, the government did not recognize them as Myanmar nationals. Therefore they made little effort to resolve the issue. So how can we tackle this issue? Frankly speaking, we must admit that the refugee issue cannot be solved easily. At the moment it is next to impossible to resolve it conclusively and justly.

It was the loopholes in the Constitution that lead to the civil wars, and refugees and IDPs are a consequence of the civil wars. To resolve the issue of refugees, we must first put an end to civil wars. We must find the cure of the malaise, not just the symptoms. It will be an uphill task to resolve the issue of refugees and IDPs, but trying to find a conclusive solution to end civil wars will be a bigger obstacle.

We have to resolve the civil wars first, through a political solution. It is time we realize that the problem as well as the most viable solution lie in the Constitution. Therefore, trying to resolve the issue of refugees will a remain a Sisyphean challenge for us, until we amend our Constitution.

Malaysia : Scrap 6P middlemen to curb abuse, says Gerakan

The government should scrap the middlemen involved in the 6P foreign worker legalisation programme as it is an avenue for exploitation, said Gerakan.

In a statement today, Gerakan Wanita secretary-general Jayanthi Devi Balaguru said the government should "do away with is the requirement of a middleman in most agencies and companies, for it not only increases the cost but also the chance for exploitation".

"By enabling these workers to directly deal with the ministry or government agency, it does not only save time and money, but also reduced the risk of the workers being cheated," she said.

Responding to reports of numerous scams involving the migrant workers programme, Jayanthi said 6P has been abused, causing "massive losses" and has resulted in foreign workers being victimised by certain parties.

"The cost of paying the registration fee is not cheap as the workers need to use a large portion of their meagre salary," she said.

On the whole, the programme needs to be fully reviewed as red tape and systemic flaws can be abused to make money,

She also called for a probe on reports that government insiders are allegedly involved in such abuse.

The government needs to conduct a "full investigation in order to get to the bottom of this mess", she said.

Foreign workers claiming to have been cheated by rogue 6P agents have been lodging police reports, and the fact that the agents have issued them government papers suggests the involvement of government insiders.- Malaysiakini, 6/9/2013, Scrap 6P middlemen to curb abuse, says Gerakan

Complaints point to possible multi-million ringgit scam involving the 6P foreign worker legislation programme

Complaints point to massive 6P scam by gov't insiders

Aidila Razak

8:16AM Sep 6, 2013 

While thousands of migrant workers have been caught in the immigration dragnet, hundreds of complaints have emerged indicating the existence of a multi-million ringgit scam involving the 6P foreign worker legalisation programme.

With those scammed provided with copies of Immigration Department and Home Ministry documents, there are also fears that the scam involves government insiders.

Police reports lodged in the past month show that in one case, a single agent alone had raked in more than RM100,000 from a group of 26 migrant workers.

However, the workers interviewed byMalaysiakini under condition of anonymity claim that this is just the tip of the iceberg, as the same agent had allegedly cheated around 200 migrants in the Pudu area in Kuala Lumpur alone.

Petaling Jaya-based NGO Tenaganita, meanwhile, said that 690 migrant workers have lodged complaints with them claiming to have been "cheated by various 6P agents".

According to the police reports, the agent had charged an average of RM4,000 per worker to register with the 6P programme.

Passports taken

The agent, who is alleged to be a foreigner married to a Malaysian and whose company is not part of the ministry-authorised list of 6P agents, had reportedly also taken the migrants' original passports.

Poorly educated, lacking proficiency in Bahasa Malaysia or English and now undocumented, only about 10 percent of those who were cheated have dared to report their predictiment to the police.

Tenaganita programme director Glorene Dass said that it is possible that there are thousands of workers affected by fraudulent agents, but it is unclear how many have been nabbed in the ongoing raid.

"When they lodge reports with us, we give them a letter so that they can show it to Immigration if they get caught.

"In the letter, we ask the Immigration to contact us if they have been arrested as they have filed complaints of having been cheated.

"So far the Immigration has not contacted us, but we don't know if this means none of the complainants have been arrested."

She said that it is also unclear what will happen to those who get caught, as it is not specified if they will be charged and punished or simply deported.

Immigration Department secretary-general Alias Ahmad (right) reportedly said that his department has been instructed to build a temporary holding centre in Selangor for now.

As for the 26 migrants who had lodged police reports, one was picked up on Tuesday night, said Malaysian Trade Union Congress (MTUC) labour advocate Peter Kandiah.

Forgery claimed

Peter, who has been assisting the migrants with their woes, said on top of the police reports, MTUC has also lodged complaints with the Immigration Department and the Home Ministry.

Among the documents provided to the migrants by the agents include one from the Home Ministry stating that the migrants have been included in the 6P programme and an Immigration Department "illegal foreign worker registration slip".

They were also provided with a document bearing the Home Ministry's letterhead, addressed to the Myanmar Embassy and signed by a senior ministry official.

"I showed the letter to him (the official) and he said his signature had been forged," Peter said.

The letter informs the embassy that the migrant mentioned has been registered under 6P and is being considered for legalisation.

Malaysiakini emailed the official last week and provided the reference numbers of all the letters he purportedly signed, but has not received a reply.

Calls to his number as listed on the ministry website have also failed to raise a response.

The portal has also repeatedly contacted the Immigration Department and the alleged fake agent for response, but none have reverted.

The agent's and the Home Ministry official's identities are withheld pending their response.

The 6P legalisation programme, which ran from July 2011 to April 2012, allowedregistration and legalisation of foreign workers through 336 Home Ministry appointed companies.