365 Myanmars with fake UNHCR cards held in raid

A six-hour joint operation was carried out at the Selayang Wholesale Market at midnight.

KUALA LUMPUR: A total of 365 illegal immigrants, mostly Myanmars, were caught by the authorities for having fake United Nations High Commission for Refugees (UNHCR) cards to stay and work in the country.

They were among 416 illegals nabbed in the six-hour integrated operation called “Op Bersih” led by the Kuala Lumpur police contingent and other security agencies, including the Immigration Department, Registration Department, UNHCR, Rela, Civil Defence Department at the Selayang Wholesale Market, here, that began at midnight.

Kuala Lumpur police CID deputy chief ACP Khairi Ahrasa in a statement said the operation to reduce the number of illegals in the country managed to detain 365 Myanmar nationals, 20 Bangladeshis, 30 Indonesians, seven Indian nationals and six other nationals for illegal entry and using fake UNHCR cards.

He said those detained were aged between 17 and 50 years, and 52 of them were women.

Khairi said all of them were handed over to the Immigration Department for further action, and the operation went smoothly without any untoward incident.

– BERNAMA

Malaysia's unwanted immigrants

Kuala Lumpur, Malaysia - They cannot legally work, nor send their children to school. They are at risk of exploitation, abuse - even caning. They are the 150,000 asylum seekers and refugees who have fled their homeland for Malaysia.

Harassed by police and pushed into the shadows, there are harrowing tales of months spent in detention with little food and water, the threat of violence ever present.

An Al Jazeera investigation into the mistreatment of refugees in Malaysia has sparked a parliamentary debate and an investigation by the United Nations High Commissioner for Refugees.

The documentary - Malaysia’s Unwanted - exposed allegations of abuse of refugees by Malaysian authorities and claims of corruption within the UNHCR.

101 East filmed exclusive footage inside a Malaysian detention centre, where refugees were chained and handcuffed. Refugees said they had been beaten, starved and exploited by authorities.

"The hardest thing I faced in jail was being forced to take my clothes off and then being beaten, slapped and kicked in front of others," one former detainee said.

In Malaysia, refugees have no legal protection because the country has not signed the UN Convention recognising refugees. This means they can be arrested at any time and taken to one of the country's detention centres. Kuala Lumpur has one of the world's largest urban populations of refugees and asylum seekers, with about 150,000.

The documentary also unearthed claims that UNHCR staff were involved in corrupt dealings. An illegal trade in UNHCR registration cards perpetrated by local UNHCR representatives was discovered. UNHCR said it was investigating the allegations.

UNHCR said it had long been concerned about allegations of mistreatment of asylum seekers in immigration detention centres. It said these issues were being raised directly with the Malaysian government in bilateral discussions. UNHCR said closer cooperation between the agency and the Malaysian government was needed.

/Steve Chao/Al Jazeera

Malaysia has refused to sign the UN Convention on Refugees, meaning that those who come here must register with the UNHCR and have their claims of asylum certified before they can join long waiting lists to move to another country.

Documentary prompts report on detention centres

PUTRAJAYA: The Home Ministry is giving departments until February to produce a thorough report concerning refugee detention centres.

This follows a documentary by Al Jazeera, which highlighted the ill-treatment of refugees in the country and raised questions about Malaysia’s attitude towards politically-repressed groups.

Deputy Home Minister Datuk Seri Dr Wan Junaidi Tuanku Jaafar told theNew Straits Times that the ministry outlined four areas that would be the focus of the report.

The areas include the diet of refugees in detention centres, overcrowding of centres, welfare of children and corruption among officials, which were highlighted in the documentary, Malaysia’s Unwanted.

“I had called for a meeting with the police, the Immigration Department, Prisons Department officials and authorities. The issues of concern will be addressed and research will be done next month at the earliest.

“On the matter of the refugees’ diet, we will consult with the Health Ministry on what should be served, whether it is a balanced diet and sufficient for the number of refugees in each centre.”

Wan Junaidi, however, denied allegations in the documentary that meals were served only twice a day in detention centres.

“As far as I am concerned, they are given five meals a day. However, I am waiting for confirmation on this.”

Wan Junaidi urged for a benchmark, similar to the Prisons Department, to be introduced in detention centres to address overcrowding.

“All 12 detention centres nationwide have vacancies, so we are not overcrowded. At the speed we are sending them (refugees), we can sustain the ones coming in.”

On the welfare of children in the centres, Wan Junaidi said the placement of a child, whether with his parents, depended on the child’s age and the consent of the parents.

“Children between 1 and 3 are placed with their mothers, unless the mother decides otherwise. In that case, the child can be placed under the care of family, friends or even the Welfare Department outside of the centre.

“I would like the Women, Family and Community Development Ministry to work with us. Once I show them the data, they will take over cases like these.

“For children between 3 and 4, the mother will be asked to fill a form stating whether she wants her child to be with her or placed outside the centre with the Welfare Department under the Women’s Ministry.”

“We have to rely on the parents of the child as their consent is needed in any situation,” he said.

The final area that the ministry wanted addressed is corruption among officials. 

“I have informed the Immigration Department director-general that every report must be investigated by the police. I do not want the department to investigate because other agencies, like the Malaysian Anti-Corruption Commission, will be involved.

“The department head and even the minister himself is aware that the Integrity Unit in the Immigration Department needs to be strengthened.

“Again, I am calling on the department to follow the standard operating procedures of the Prisons Department because they are comprehensive and abide by the statutes passed by Parliament on the Prevention of Crime Act 2013.”

Wan Junaidi said he was hopeful refugees would be given alternative jobs. 

“The ministry is discussing with American companies operating locally to hire them. The reason being that, if we hire them in local sectors, we would be seen as recognising their refugee status, not to mention inviting complaints from locals who are seeking employment.”

A ministry source said Malaysia was not a signatory to the 1951 Convention Relating to the Status of Refugees because anyone could then enter the country claiming to be politically persecuted.

“The demand of this convention is that we must give them (refugees) everything they need, employment, for example. By doing so, everybody will claim to be a refugee

Malaysia arrests 20 as probe widens into murders of Myanmar nationals

By Trinna Leong

GEORGE TOWN, Malaysia, Dec 11 (Reuters) - Police in Malaysia have arrested 20 people in a widening investigation into the murder of at least 18 Myanmar nationals in the state of Penang since January.

Twelve Myanmar migrants have confessed to their role in nine of the murders, which have seen bodies dumped - many with their throats slashed - across the state, Penang police chief Abdul Rahim Hanafi told reporters on Thursday.

Police believe two unrelated groups are behind the murders, Abdul Rahim said. All of those arrested are from one group.

The widening net follows the discovery of a "slaughterhouse" last week, where police say at least two victims were believed to have been killed and dismembered.

Media and community groups have speculated that the murders have been perpetrated by Muslims from Myanmar, likely including stateless Rohingya, as payback for religious violence in Myanmar since 2012.

Myanmar community organisations have told Reuters the majority of the victims were Buddhists. Police have not revealed the ethnicity of the victims and have denied any ethnic or religious conflict.

"This is a feud between Myanmar people. It is not a religious conflict. These are only vengeful murders that were brought over here from Myanmar," Abdul Rahim said, without elaborating.

Police have found an additional 10 unidentified bodies of people who appear to have been killed in a similar manner, he said.

Police released the pictures of two men from Myanmar, identified as Mohammad Yahyar Khan and Lokman, who are wanted for questioning.

Buddhist community leaders have accused the police of being slow to act and refusing to acknowledge a religious or ethnic motive.

"It's just talk when the police say 'no Rohingya are involved'," Aye Tun Maung, a leader of Buddhist community group the Arakan Refugee Relief Committee, told Reuters.

"It's Rohingya killing the Rakhine. Some of the dead are also Bamar and Shan," he said, referring to other ethnic groups of Myanmar's majority Buddhist population.

Outside the house where some of the murders allegedly took place, neighbours described the two suspects arrested there, both men, as observant Muslims who appeared to be South Asian.

"They're Muslims. Sometimes I would give them a ride when I went to the mosque," said Fizal Abdullah, 40.

More than 60,000 migrants from Myanmar live in Penang, many of them asylum seekers and refugees employed in factories and on construction sites.

Penang is also a destination for stateless Rohingya, more than 100,000 of whom have fled Myanmar since religious violence in 2012. (Writing by Aubrey Belford in Bangkok; Editing by Simon Webb and Robert Birsel)

Read more: http://www.dailymail.co.uk/wires/reuters/article-2869736/Malaysia-arrests-20-probe-widens-murders-Myanmar-nationals.html#ixzz3Mm9dWKam

UNHCR: No refugee status for those who commit crimes

The Market in Arakhine, Burma

PETALING JAYA — The United Nations High Commission for Refugees (UNHCR) insists that asylum-seekers in Malaysia are screened thoroughly before they are granted the status. 

The UNHCR Kuala Lumpur spokesman Yante Ismail said a detailed interview and investigation would be carried out on the applicant to determine a person’s eligibility for refugee status. 

“The asylum (application) process assesses whether a person is in need of protection and also when required, whether their conduct would exclude them from protection,” she said. 

“Because of the thoroughness that is required, and for high profile and complicated cases, a longer time is needed to process an individual.”

Concern over who were getting the refugee status was raised after it was reported last week that 15 out of 17 Myanmar men detained to assist police investigations into the brutal murders in Penang are UNHCR cardholders who have been resident in Malaysia for up to 14 years. 

Yante said refugee protection was not extended to individuals who have committed serious crimes or acts contrary to the purposes of the United Nations. 

“Given the seriousness of these issues, a close and full examination of all facts would need to be undertaken.” 

She said because investigations were on-going, the commission was unable to comment on the arrests of the Myanmar detainees, including those who have UNCHR cards. 

“If there are allegations of crimes committed in Malaysia by refugees, UNHCR expects that they be given full due process under the law like any individual,” she said. 

“All refugees and asylum-seekers must respect the national laws of the countries in which they seek asylum in.”

Yante said UNHCR has contacted the Malaysian authorities to offer its assistance. 

From March until November, the country has seen an influx of about 6,000 refugees from Myanmar.

As of November,139,200 Myanmar refugees were registered with UNHCR, with 150,460 asylum-seekers from other countries in Malaysia. 

The Myanmar refugees comprise of 50,620 Chins, 40,070 Rohingyas, 12,160 Myanmar Muslims, 7,440 Rakhines and Arakaneses, and other ethnicities.

The other 11,260 refugees from other countries include 4,200 Sri Lankans, 1,200 Pakistanis, 1,120 Somalis, 970 Syrians, 860 Iraqis, 580 Iranians, 450 Palestinians, 390 Afghans, 360 Yemenis and 140 Sudanese.

In March, the total number of Myanmar refugees was 133,070 and the overall total of refugees in Malaysia from other countries was 143,435. 

The UNHCR believed there were about 35,000 unregistered asylum-seekers in the country and UNHCR is progressively working to register them.

Stop encouraging Myanmar nationals, Immigration tells UNHCR

PETALING JAYA, Dec 15 — Myanmar citizens flocking to Malaysia are most probably lured by the appeal of refugee status under the United Nations High Commissioner for Refugees (UNHCR).

A source from the Immigration Department blamed UNHCR for “pampering” nearly 140,000 Myanmar nationals who had illegally entered the country but were later registered and granted refugee status under its protection.

“With UNHCR doling out refugee cards to these illegal immigrants, it creates a false impression that it is okay for them to endure a short detention before they are released as refugees,” he said.

He said this encouraged illegal immigrants to bring in their spouses, families and friends from their homeland into the country, further flinging open the floodgates.

“To top it off, our country is most conducive to them (Myanmar citizens) because we have ample job opportunities and similar religions or traditions to which they can closely relate,” he said.

“People must understand we are not party to the UN 1951 Refugee Convention and we will do what is necessary to ensure those who enter illegally are detained or deported home.

“However, carrying this out is difficult with the contradicting message sent out by UNHCR.”

According to the source, some 4,300 Myanmar citizens have been detained from numerous immigration raids and operations in the country since January, while there are 5,200 Myanmar illegal immigrants at detention centres awaiting deportation or for UNHCR to intervene.

So far, the source revealed the Immigration Department had already deported 3,126 of those detained this year.

UNHCR reports, on the other hand, showed an influx of 6,000 refugees from March to November, bringing the total of registered refugees from Myanmar to 139,200.

The total number of refugees in Malaysia, including those seeking asylum from other countries, is now at 143,435 according to UNHCR.

Another Immigration official said loose border control in Thailand makes it difficult for the authorities to contain the situation.

“People keep pointing fingers at us but it really takes two hands to clap,” he said.

He said Wisma Putra should hold more bilateral talks with Thailand to tighten border control.

“To my knowledge, Malaysia is second to Thailand in terms of saturation of Myanmar citizens illegally entering the country.”

He said over an estimated stretch of 600km, Malaysian Immigration authorities had set up eight checkpoints which were sufficient to track illegal entry into the country.

However, he was puzzled how they had managed to travel across Thailand without getting caught.

“Malaysia shares its borders with Thailand and not Myanmar, so how did they evade the immigration officers there in the first place?”

- See more at: http://www.themalaymailonline.com

Honoring a Burmese refugee's life cut short

Albany

http://www.timesunion.com

It wasn't just Htee Kin Paw's struggle with alcohol or homelessness that made Jill Peckenpaugh want to help. It was the Burmese refugee's smile and that of her 6-year-old daughter.

"When she wasn't suffering from medical and alcohol challenges ... she was a bright, cheery girl," said Peckenpaugh, director of the U.S. Committee for Refugees and Immigrants' Albany field office.

The help from Peckenpaugh's agency and dozens of others, and that of community members, wasn't enough. Paw died on Nov. 30, a month short of her 24th birthday. Her body was found by another homeless person at the World War II Memorial near the State Museum, State Police said.

An Albany County coroner's autopsy determined she died of chronic liver disease.

Memorial services for Paw will take place at 4 p.m. Wednesday at Meyers Funeral Homein Delmar.

"There are so many people that helped her that had hoped for a better life for her and kept trying to make that possible," Peckenpaugh said. "They're wanting to honor her short life."

Paw was born in Myanmar and lived much of her life in a refugee camp in Thailand. At the age of 9, she had her first alcoholic drink, she told Peckenpaugh.

"It's not a common practice, but sometimes in refugee camps children are given alcohol," Peckenpaugh said.

Paw, her husband and their daughter came to Albany a little more than a year ago.

They separated, and her husband, who lives in Rensselaer, had custody of their daughter, Peckenpaugh said.

When Paw wasn't under the influence of alcohol, she was very lively, Peckenpaugh said. "She loved to dress up fashionwise and smile and play."

Paw would take secondhand clothing and make outfits out of them, she said.

But Paw's alcoholism and medical issues prevailed.

She was in and out of shelters, and her addiction burned many bridges, Peckenpaugh said. "Chronic addiction does that."

Paw was often accompanied by a man who was like an older brother to her, she said. This, along with the alcohol, kept Paw from staying in shelters, which are not co-ed.

"I can't think of any case where more social service agencies helped," Peckenpaugh said. These included the Albany and Rensselaer departments of Social Services, Albany Medical Center, the police, Equinox, the Homeless Action Committee and the Buddhist and Karen communities. "Many individuals and many social service agencies really went the extra mile for her and despite our best efforts ... some people just need more help."

Still, Peckenpaugh wishes she could have done more to help.

"I can't believe that I couldn't get her inpatient alcohol care and get her to turn things around so she was the happy smiling wonderful gal that we all know she was," Peckenpaugh said.

kclukey@timesunion.com • 518-454-5467 • @KClukey_TU

How to help

Donations are being accepted to help refugees in the Capital Region

Monetary donations can be set to the U.S. Committee for Refugees and Immigrants at 991 Broadway Suite 223, Albany, NY 12204, or call 459-1790.

USCRI also is looking for blankets and outerwear for winter.

For more information go to www.refugees.org.

Immigration Department: Resettlement delays cause of vice among Myanmar refugees

Some of the 90 illegal immigrants from Myanmar detained while attempting to enter the country near Bukit Batu Putih. — Bernama pic

PETALING JAYA, Dec 16 — The Immigration Department says vice activities among Myanmar refugees are mainly the result of delays by the United Nations High Commissioner for Refugees (UNHCR) to resettle them in third countries.

Its deputy director-general, Datuk Sakib Kusmi, said 90 per cent of almost 150,000 Myanmar refugees had “lingered” here for up to four years and were awaiting resettlement but to no avail. 

“UNHCR is supposed to provide them with shelter and jobs upon conferring the refugee status but they have not been doing this and the refugees are left to fend for themselves while waiting to be sent to third countries,” he said. 

“I cannot blame them (Myanmar refugees) for trying to make a living any way they can. Sometimes they even get involved in vice activities just to make ends meet.”

Sakib said the situation was frustrating as the department was not able to take action against refugees who were working illegally in the country as they were “protected” by UNHCR. 

“We send those who we detain to UNHCR so they can be placed in special shelters where they are supposed to be provided with jobs,” he said.

“However, those with refugee cards are released and they go back to their routine and it becomes a vicious cycle.

“It is frustrating as they are protected by UNHCR and we are not able to take any action to reduce the number of illegal immigrants in the country.” 

In a front page report in Malay Mail yesterday, an Immigration Department spokesman blamed UNHCR for “pampering” Myanmar citizens by granting them refugee status once they reach Malaysia.

The source said more than 140,000 Myanmar nationals had entered the country illegally but were later granted refugee status. 

Police confirmed recently that 15 of the 20 suspects detained for alleged involvement in a series of killings in Penang were UNHCR card-holders.

The authorities had also said they were looking for two other Myanmar refugees to facilitate investigations into the killings on more than 18 Myanmar nationals in the state. 

On whether the Immigration Department would consider allowing work permits for refugees here, Sakib said it was not for them to decide as it fell under the purview of the National Security Council under the Prime Minister’s Department.

“We can only propose to the council first, but looking at the situation, it is not recommended as it will only encourage an influx of illegal immigrants here,” he said.

“This is definitely against our mandate, which is why the UNHCR needs to step up and resettle those granted refugee cards.”

Home Minister Datuk Seri Ahmad Zahid Hamidi said the ministry was discussing with the Myanmar government on how they can come up with a system to check the entry of Myanmar citizens with criminal background.

- See more at: http://www.themalaymailonline.com

UNHCR report: Straits of Malacca preferred route for refugees’ illegal travel

The UNHCR said refugees paid smugglers for such illegal trips on boats typically having capacities of five to 55 people. — Reuters file picKUALA LUMPUR, Dec 16 — The Straits of Malacca between Malaysia and Indonesia has emerged as the favoured new pathway for refugees seeking to be illegally smuggled out of their countries, The Jakarta Post reported.

In the Indonesian paper’s report yesterday, it cited findings by the United Nations High Commissioner for Refugees (UNHCR) claiming that refugees either use the route to get to Australia or to reach Indonesia and Malaysia.

“Such a journey [via Malacca] has consisted of day-long trips on boats and traverses one of two routes, from Klang, Malaysia to Medan, Indonesia, and from Johor Baru, Malaysia, to Batam or Tanjung Pinang, Indonesia,” UNHCR was quoted saying in the report.

The UNHCR also found that refugees paid smugglers for such illegal trips on boats typically having capacities of five to 55 people.

For adult refugees, the typical sum for travel to Indonesia is between US$300 (RM1,050) and US$700 (RM2,450), while a trip to Australia costs between US$1,500 (RM5,240) and US$3,000 (RM10,480).

The price is slashed by half for children, while family packages are also available, The Jakarta Post reported.

The UNHCR reportedly said Myanmar’s Rohingya Muslims have traditionally used either the Bay of Bengal or the Andaman Sea routes, but have opted for the Straits of Malacca as it is deemed safer.

Many Rohingya refugees attempt to reach Australia through boats that depart from Indonesia, but often have to renew their attempts when they are blocked by Australia or experience weather difficulties and engine failures, the Indonesian paper said.

The Jakarta Post also said that many Indonesian migrant workers illegally seeking employment in Malaysia similarly use the Straits of Malacca.

- See more at: http://www.themalaymailonline.com

UNHCR rejects claims it was ‘slow to act’ in resettlement of refugees

PETALING JAYA, Dec 17 — The United Nations High Commissioner for Refugees (UNHCR) has refuted claims by the Immigration Department it has been slow to resettle refugees to third countries. 

UNHCR spokesman Richard Towle said more than 100,000 refugees had been resettled out of Malaysia to third countries, including Australia, Canada, the Czech Republic and the United States since 2005. 

He said the resettlement process was becoming increasingly difficult as priority was given to refugees from the Middle East, and the refugee situation cannot be resolved through resettlement alone.

“Resettlement is a diminishing option for most refugees because of global priorities such as the rough political climate in the Middle East,” he said. 

“Host countries including Malaysia must find better ways in protecting those seeking asylum here.”

On allegations that no proper screening was carried out by the agency before according refugee status to illegal immigrants, especially from Myanmar, Towle said the government must accord more rights to refugees to address concerns on security and law and order in the country.

“We must accord them better protection to remove them for the clutches of exploitation and criminality and provide humanitarian protection to those in need,” he said.

As Malaysia is not party to the United Nations 1951 Refugee Convention, Towle said, it was a huge disadvantage for refugees living here without legal status as they were not able to work legally, had no access to education and were constantly at risk of arrest, detention, and deportation under immigration laws.

On whether UNHCR was providing special shelter and jobs for refugees here, he said it worked closely with non-governmental organisations and with the refugee communities to provide them with basic access to education, welfare assistance, healthcare support and self-reliance opportunities under their mandate.

“Refugees in Malaysia find their own coping mechanisms to support themselves and survive, including finding accommodation and ways to earn a living,” he said. 

Asked if UNHCR was continuously monitoring the whereabouts of refugees in the country, Towle said it faced extreme challenges because of the lack of resources. 

“With limited resources, managing a population of 150,000 refugees who live in an urban environment is extremely challenging,” he said.

- See more at: http://www.themalaymailonline.com

Refugees in Malaysia Face Abuse and Stigma, UN Official Says

Rohingya Muslim children from Myanmar, who now live in Malaysia, are seen sleeping in class at a School of Rohingya in Kuala Lumpur. Photo by Sammy Foo, Copyright @Demotix (1/31/2013)

In Southeast Asia, nations often deal with the influx of refugees from inside and outside the region. Malaysia is a hub and transit point for many refugees seeking sanctuary after escaping from neighboring communities plagued by conflict and oppression.

However, the government of Malaysia does not recognize refugees and asylum-seekers who are classified as “illegal immigrants”, and they are denied access to basic services provided by the state. Furthermore, under Article 6 of the Immigration Act, people without valid entry documentation are subjected to the full brunt of the law as they are given an “imprisonment term not exceeding five years and shall also be liable to whipping of not more than six strokes.”

According to the fact sheet of the United Nations High Commissioner for Refugees (UNHCR), there are about 35,000 unregistered asylum-seekers as well as 143,435 refugees and asylum-seekers registered with their office in Malaysia as of end March 2014.

The poor state of refugees in the country was recently featured in an Al Jazeerareport. During the interview, UNHCR Malaysia representative Richard Towle talked about the arbitrary arrests conducted by state forces, exploitation of refugees, corruption, neglect of children's rights and lack of resources to effectively assist the growing refugee community in Malaysia. He added:

Refugees are treated as illegal migrants, and illegal migrants are at risk of all forms of vulnerability in society. They are liable to be arrested and detained and live in a grey or dark zone of society where there is a high degree of exploitation or abuse.

The deputy home minister Wan Junaidi Tuanku Jaafar denounced the interview with UNHCR and defended the government: 

Even though we are not a signatory to the convention of refugees, they are being treated with dignity, they are given access to medical treatment and they are allowed visits.

A member of Malaysia's National Legislature, MP Ong Kian Ming, expressed hisdisagreement with the home minister:

The replies of the Deputy Minister of Home Affairs Wan Junaidi Tuanku Jaffar in Parliament on Tuesday showed that he is not aware of the seriousness of the accusations revealed in an Al Jazeera programme even though he was interviewed in the programme. In particular, his replies show that he is totally ignorant of the articles of the United Nations Convention on the Rights of the Child (CRC) of which Malaysia is a signatory.

But outspoken youth chief of political party Gerakan Rakyat Malaysia, Tan Keng Liang, held contrary views from the deputy home minister and the member of parliament:




Tan Keng Liang @tankengliangFollow


Our country respect human rights. But if the refugee still complain their treatment, then don't come. We don't want u people in Malaysia
5:13 AM - 26 Nov 2014

No excuses: Stop violating refugees and asylum seekers — MWG

NOVEMBER 24 — The Migration Working Group (MWG) is deeply concerned about the abuse that refugees and asylum-seekers are subjected to in Malaysian detention centres, as highlighted in the recent Al Jazeera exposé.

Detention centres are overcrowded and in squalid conditions. Refugees and asylum-seekers are deprived of food, chained, handcuffed and beaten. Children and new mothers are also detained. Tragically, these gross violations of human rights have been happening in Malaysia’s detention centres for years. In May 2010, Ahmad Qanbar Ali, a refugee, died in detention due to insufficient medical care.

The exposé also revealed alleged fraud within United Nations High Commissioner on Refugees (UNHCR), in which UNHCR cards are allegedly traded illegally by UNHCR representatives. UNHCR investigation into this allegation, and the investigation’s findings, must be transparent. And officials implicated must be held accountable.

What this story really exposes though, is the massive failure of the government to protect refugees and asylum-seekers, and worse still the government’s active violation of their rights. In doing so, the government is blatantly disregarding international human rights standards and obligations.

UNHCR issues refugee cards because the government fails to officially recognise the status of refugees, which is a requirement under the 1951 Convention Relating to the Status of Refugees. The convention is a widely accepted international standard — 145 countries have ratified it. Malaysia though, has not.

The United Nations Working Group on Arbitrary Detention, which officially visited Malaysia in 2011, recommended that the government end detention of refugees and asylum-seekers, stressing that “regardless of immigration status, nobody should be subjected to arbitrary detention or appalling detention conditions.”

The exposé found that women were “hauled in just hours after giving birth,” according to coverage by The Malaysian Insider. This is a sickening violation of Malaysia’s obligations under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC) — both of which Malaysia has ratified.

CEDAW General Recommendation No. 32 states that under CEDAW, women seeking asylum and women refugees must be granted, without discrimination, the right to accommodation, education, healthcare and other support. Pregnant or nursing mothers should not be detained.

Malaysia celebrates being elected to the Security Council; yet we shirk responsibility to uphold basic human rights of the marginalised in our own borders. Malaysia has no moral excuse. We must ratify the 1951 Convention and its 1967 Protocol, implement the recommendations of the Working Group on Arbitrary Detention, and fulfill our obligations to international human rights treaties, without delay.

The full Al Jazeera exposé, “Malaysia’s unwanted,” can be viewed on YouTube. 

* The Migration Working Group (MWG) is a network of Malaysian civil society groups and individuals who advocate for the rights of migrants, refugees, stateless persons, trafficked persons and foreign spouses.

- See more at: http://www.themalaymailonline.com

Parliament to debate urgent motion on refugee mistreatment in Malaysia

LA LUMPUR, Nov 25 ― Federal lawmakers will debate today an emergency motion on the alleged mistreatment of refugees in Malaysia, following claims that refugees here have been made to purchase their United Nations High Commissioner on Refugees (UNHCR) cards through corrupt means.

Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia said the motion, which was tabled by opposition lawmakers Lim Lip Eng and Ong Kian Ming yesterday, will be debated in the House at 4.30pm this evening.

Pandikar said the motion is urgent, in public interest and specific.

On Saturday, Steve Chao, senior presenter for Al-Jazeera’s Asian current affairs programme 101 East, who carried out a covert investigation, claimed refugee communities in the country have paid anything from RM1,700 to RM3,500 for each card, allegedly brokered by UNHCR officials in Malaysia.

Chao ― whose exclusive “Malaysia's Unwanted” first aired on the Qatar-based news broadcaster’s channel on Astro last week ― had gone undercover to visit the immigration detention centre in the national capital, posing as a priest to check on the abysmal conditions that refugees and asylum seekers have to endure.

Chao claimed that aside from the sale of UNHCR cards, there was also fraud involving some 3,000 asylum seekers who allegedly used false identities to jump the queue and gain early interviews with UNHCR staff to determine refugee status.

“About 1,000 of them, we understand have been resettled in countries like the US, Canada and Australia,” he said, while adding that the refugees interviewed knew that UNHCR services were supposed to be free of charge.

In an email interview, Chao told Malay Mail Online that UNHCR’S head Richard Towle was aware of the illegal activities and all resettlement of refugees was suspended in Malaysia for a period this year due to the investigation into fraudulent practices.

Lim, in the urgent motion today, noted that the documentary has also been widely reported in The Guardian and South China Morning Post.

“Seeing that Malaysia will be chairing the Association of Southeast Asian Nations (ASEAN) in 2015 - if the issue of refugees is badly managed ― will affect Malaysia's capability in effectively managing this responsibility,” said the Segambut DAP MP in his motion.

The Malaysian authorities have also acknowledged that they were aware of the “scandals” involving UNHCR in the country, and have urged the refugee agency to be “more transparent” and share information on refugees recognised by the UN, he added.

Contacted separately by Malay Mail Online, UNHCR Malaysia spokesman Yante Ismail said the refugee agency has a “zero tolerance policy” on corruption involving any of their processes or individuals or organisations working with it.

She stressed that they “take allegations of corruption very seriously”, which are investigated thoroughly if proven to have any credible basis and appropriate action taken if proven to be true.

In June, Malaysia was downgraded to the lowest ranking in the US state department's Trafficking in Persons (TiP) report indicating that the country had failed to comply with the most basic international requirements to prevent trafficking and protect victims within its borders.

Malaysia was relegated to Tier 3, and placed in the same category as countries under authoritarian regimes like Zimbabwe, North Korea and Saudi Arabia.

- See more at: http://www.themalaymailonline.com

Refugees in Malaysia are ill-treated

MP SPEAKS Yesterday, the Speaker of Parliament allowed a one hour debate on the Al Jazeera 101 East documentary, titled “Malaysia’s Unwanted”, which was a shocking story on the mistreatment of refugees in Malaysia.

This debate was allowed under Motion 18 (1) of the Parliamentary Standing Orders because the speaker judged that this motion was specific; of public importance; and of immediate concern. The motion was filed by my colleague, Lim Lip Eng, the MP for Segambut.

Unfortunately, the reply of Deputy Home Minister Wan Junaidi Tuanku Jaffar showed that he is not aware of the seriousness of the accusations revealed in the Al Jazeera programme, even though he was interviewed in the programme.

In particular, Wan Junaidi’s response shows that he is totally ignorant of the articles of the United Nations Convention on the Rights of the Child (CRC) of which Malaysia is a signatory.

During yesterday’s debate, I pointed out two examples in the Al Jazeeradocumentary, of how Malaysia flouted the CRC.

Firstly, a Myanmar refugee was thrown in the lock-up not long after she had given birth and as such, was separated from her child.

Secondly, a refugee from Afghanistan put in a detention centre told the Al Jazeera reporter that he could only meet his son, who was also at the detention centre, once a month and that after a year in the detention centre, his son did not recognise him as his father. 

I also referred to 6 Articles in the UN CRC that were flouted in the two examples above, including Articles 4, 8, 9, 10, 20 and 22 (See below).

Wan Juniadi’s reply was that children have to be detained in the detention centres on humanitarian grounds so that they can be close to their parents.

This totally ignores the specific requirements set out in the CRC to protect the liberty of children, including that a child must only be detained as a measure of last resort and that they only be detained for the shortest appropriate time.

This was certainly not the case for the Afghan man whose child had been detained at the same detention centre for one year.

Detained child could not recognise father

In addition, the humanitarian grounds which the deputy minister referred to had been totally ignored in this instance, since the father only gets to see his son once a month and his son doesn’t even recognise him as the father!

It was revealing that the deputy minister failed to answer my specific question relating to the case of the Afghani refugee and his child. Perhaps Wan Junaidi has not even seen the documentary himself!

The plight of the refugees in detention centres is not new. Former Suhakam commissioner Chiam Heng Keng had highlighted this before in areport dated Dec 5, 2008.

Unfortunately, if this attitude of the Malaysian government is to continue to be in a state of denial over these issues, these problems will continue to the detriment of these refugees and Malaysia’s international reputation.

Appendix: List of relevant articles from the United Nations Convention on the Rights of the Child:

Article 4: Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognised in the present Convention.

Article 8: Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference.

Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity.

Article 9: Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child.

Article 10: In accordance with the obligation of States Parties under Article 9, applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall further ensure that the submission of such a request shall entail no adverse consequences for the applicants and for the members of their family.

Article 20: A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State.

Article 22: Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties.

DR ONG KIAN MING is the DAP Member of Parliament for Serdang. He can be reached at im.ok.man@gmail.com

'No refugee forced to strip naked in Malaysia'

No refugee has been forced to be strip naked at immigration detention centres as claimed in a documentary by Al-Jazeera, said deputy home minister Dr Wan Junaidi Tuanku Jaafar.

Rebutting the allegations, Wan Junaidi said that even if the detainees were required to strip naked for body checks, they would have been given a towel or sarong to cover themselves.

"Each person brought into the police or immigration detention centres must go through body checks.

“Women are checked by female officers and men by male officers. If it is necessary that all clothes be removed, the detainees will be given a towel or sarong and the check will be conducted in a room.

“It will not be done in the open," he said in his reply to points raised during debate on an emergency motion put in by Lim Lip Eng (DAP-Segambut) on the Al Jazeera report.

The personal dignity of each detainee, said Wan Junaidi, had been protected, adding that close attention was given to this matter.

Earlier, Lim had moved to adjourn the Parliament proceedings to discuss the Al Jazeera documentary titled "101 East: Malaysia's Unwanted" which was aired on Nov 19.

The documentary had carried interviews with refugees detained in an immigration detention centre alleging that, among others, police or Immigration officers had physically assaulted them and forced them to strip naked.

On allegations of physical assault, Wan Junaidi said that necessary action would be taken.

On claims of children being present in the detention centre, the deputy minister said those aged below three were allowed to be with their parents based on humanitarian grounds.

Building a future for Returning Refugees and Migrant workers in Myanmar

26 Nov 2014

CSR Asia has started a project recently in partnership with the International Rescue Committee (IRC) Thailand. The project is established on the premise that whilst conditions do not yet exist for the organised mass return of refugees currently living in Thailand, sufficient resources and efforts should be invested to build preparedness activities for the eventual return of refugees and migrant workers to Myanmar as the country reforms and develops. CSR Asia and IRC believe that opportunities exist for the private sector to be involved on this issue, particularly for those who have operations in Myanmar.

To give some background on this issue, in 1984, the first major influx of refugees from Myanmar came to Thailand. Today, around 120,000 people live in nine refugee camps and as many as 2-3 million migrants are residing in Thailand. These groups of people left Myanmar for many reasons, including armed conflict, lack of access to key services (health, education and other social services) and a need to sustain livelihoods. For NGOs and development agencies serving refugees and migrant workers in Thailand, efforts and resources are being devoted to encourage them to become more self-reliant through training and development opportunities, and entrepreneurship development programmes.

An example is the work that IRC and its partner agencies are doing to provide formal training to refugees and migrants to become health workers (medics, nurses, midwives and community health workers), due to the severe lack of health services and qualified health professionals in Myanmar, particularly in the border regions. As a result of this, IRC in collaboration with camp-based organisation and more than 300 refugee health workers are currently the sole providers of health services in three refugee camps: Ban Mai Nai Soi and Ban Mae Surin in Mae Hong Son Province, and Tham Hin in Ratchaburi Province. In addition, with IRC’s focus on building preparedness activities for return to Myanmar, they have recently introduced a programme to further strengthen the skills and competencies of refugee and migrant health care workers by providing recognised healthcare training courses from accredited academic institutions. For example, IRC and the School of Global Studies at Thammasat University have worked together to introduce a training which leads to the attainment a Certificate in Public Health, recognised by the Myanmar Ministry of Health (MOH).

Whilst some refugees and migrant workers in Thailand remain resistant to the prospect of return to Myanmar, some remain relatively open to the idea with several reported to have returned to Myanmar to explore opportunities or permanently1. For IRC and CSR Asia, our position remains that for those who are interested in returning to Myanmar in future, training opportunities could be provided to ensure that their skills and knowledge are aligned with the needs of the labour market in Myanmar.

It is against this background that CSR Asia travelled to Yangon in October to engage with companies operating in Myanmar to understand more about their human resource needs and the willingness of the private sector to employ returned refugees and migrant workers in Myanmar. The engagement was valuable in terms of understanding more about their views on the issue as well as shedding light on some of the questions that companies had in regard to the voluntary return of refugees and migrant workers.

As a next step of the project, CSR Asia and IRC will be inviting leading companies operating in Myanmar to engage in a dialogue to identify ways to support refugees and migrant workers. The first meeting will be convened in January 2015 where IRC will provide an overview of the situation for refugees and migrant workers residing in Thailand as well as the opportunities and challenges for them to return voluntarily to Myanmar. IRC will also address the key questions that companies had during our discussion. These include “why do they want to come back to Myanmar?”, “what skills do they possess?”, “where do they want to settle?”, “what is their legal status in Myanmar?” and “how will refugees resettle back into society?”. CSR Asia will provide our perspective on the business case for companies to be engage on this issue and provide practical examples of how they can support this cause. This is the first time that such an endeavour has been launched in the region, and we hope that it will become a truly innovative, impactful and sustainable project for the future development of Myanmar. 

If any companies are interested in understanding more about this project, please feel free to get in touch with CSR Asia at Iris.Lui@csr-asia.com . 

Massive operation to flush out illegals in Camerons

Myanmar refugees and locals involved in illegal farming will not be spared

KUALA LUMPUR: A massive integrated operation to flush out illegal immigrants and locals involved in encroachment activities in Cameron Highlands will be carried out soon, Minister in the Prime Minister’s Department Shahidan Kassim said.

“A total of 4,500 Myanmar nationals with the United Nations High Commissioner for Refugees (UNHCR) ID cards working in Cameron Highlands will not be spared from prosecution if found to have violated the law,” he told reporters after chairing a special meeting on flash floods and landslides in Cameron Highlands at Parliament yesterday.

He added that UNHCR representatives had met and informed him that UNHCR card holders were not above the law.

“Rohingya refugees with UNHCR ID cards have been found working illegally on the Highlands,” he said.

Two days ago, 181 illegal immigrants were arrested for various offences in a “Gempak and Mesra” Ops by the Immigration Department in seven locations in Cameron Highlands.

As a follow up, agencies under the Home Ministry would also be deployed to track down agents believed to be offering a wide range of jobs and who cheat foreign workers.

In a mud flood and landslide incident in Cameron Highlands last Wednesday, five people died, including foreigners, while five others were injured.

– BERNAMA

UNHCR senior officers meet M'sian officials on refugee protection

KUALA LUMPUR: Senior officers from the United Nations High Commission for Refugees (UNHCR) headquarters in Geneva and regional office in Bangkok visited Kuala Lumpur early this week and met with Malaysian ministers and government officials.

In Malaysia, some 150,000 refugees and asylum-seekers are registered with UNHCR, 93 per cent of whom are from Myanmar, including the Rohingya community who have been identified as having high protection needs, particularly among women and children.

According to UNHCR statement today, the high level delegation was in the region to assess the refugee situation in a number of countries, including Malaysia, and to explore the possibility of protection solutions.

During the meeting, they also discussed how to provide international protection for those groups most vulnerable, such as the Rohingya refugees, while looking at how best to manage other groups whose ongoing need for international protection is reducing, the statement said.

The delegation also explored possible options of transitioning some groups to labour migration schemes in the country.

Meanwhile, UNHCR Representative in Malaysia, Richard Towle, in the same statement said such arrangements would provide a win-win situation for all.

"The government would have the benefit of knowing who is in the territory and be able to reduce the criminality and exploitation associated with people in this situation, while the refugees would become more self-sufficient through employment, and the country would benefit from having a reliable and controlled workforce to fulfil foreign labour needs.

"UNHCR was encouraged by the positive and constructive discussions with the ministers and government officials, including Home Minister Datuk Seri Ahmad Zahid Hamidi." – Bernama

IDP Resettlement Programmes to Restart in Karenni State

The government and the Karenni National Progressive Party (KNPP) have jointly started building a standard village as part of a resettlement programme for internally displaced persons (IDPs) affected by the long-term civil war in Karenni State, according to Khu Plureh, the head of KNPPs Loikaw Liason Office.

The budget for building the village was approved on 31st March 2014, but building could only begin in September.

Khu Plureh said: “It should have been finished in September, but we could not do anything earlier because we had problems with transporting materials, but now we are working on the project.”

At the third union level meeting of the government and KNPP held in November 2013 seven agreements were made, one of which was to implement the village building and resettlement project.

The village will be built on the eastern bank of the Salween River where the Melayu River flows into the Salween in Has Taw Township.

Other projects are being jointly planned between the KNPP and other organisations to provide jobs and long-term livelihoods for IDPs.

As for worries about the security of standard villages Khu Plureh said: “Currently we do not know [about village security]. We cannot give any guarantees if a nationwide ceasefire agreement is not signed.”

A budget has yet to be approved for health and education services in the standard village building project, but the KNPP will discuss funding for those services with the government.

The Border and Ethnic Nationalities Development Department is funding the project and the cost of each house will be five million kyat (approx $5,000 USD) according to Koh Plureh.

He said: “We have already had the village designed and cleared the mines and the land for the houses with a bulldozer.”

Currently the project is 20 percent finished and the rest of the construction will be completed in December. Originally the project was planned to be 50 houses but it has now been reduced to 25 houses, he added.

The current size of the IDP population in all of Burma is unknown, but according to the Karenni Refugee Committee (KnRC) and the Border Constium (TBC), two organisations that assist refugees, there are about 15,000 Karenni refugees living as IDPs on the Burmese side of the Thai-Burma border.

Representatives from nine refugee camps based in Thailand held their biannual meeting from 25th to 26th September. Man Saw, the chairman of the KnRC told the Kantarawaddy Times that there had been no discussions about housing refugees from Thai refugee camps in standard villages. At present the refugees in Thailand have no pans to resettle in Burma yet.

The KNPPP has worked with TBC, the Norway Refugee Council (NRC), the Nippon Foundation and other individual donors to provide support and assistance for IDPs.

Translated by Aung Myat Soe English version written by Mark Inkey for BNI

Umno-BN must stop blaming migrant workers & refugees

Arrested Refugees 

“Malaysia by virtue of being a member of the United Nations has subscribed to the philosophy, concepts and norms provided by the UDHR, which sets out the minimum and common standard of human rights for ALL PEOPLES and ALL NATIONS.” (Attorney General’s Chambers of Malaysia official website, 2014)

Deputy Prime Minister Muhyiddin Yassin’s statement on the 9th of November 2014, lashing out at foreign workers who “encroached” on land causing muddy floods and landslides last Wednesday in Cameron Highlands is ill-conceived, xenophobic, illogical and completely misses the root causes of the problem. He also warned that refugees who are caught would not be spared from legal action.

Threatening, harassing and criminalizing migrants and refugees who work in Cameron Highlands does nothing to address the fundamental problems which led to this disaster. Instead, it diverts attention from the issue of illegal land clearing to ‘illegal’ migrant workers. Migrant workers and refugees are not responsible for the poor ‘planning and development policies’ which has spawned indiscriminate clearing of forest cover on hill slopes, widespread earthworks with no regard for erosion mitigation, haphazard construction of buildings, destruction of riparian reserves, and extensive use of “plastic houses” for plants without provision for controlled water run-off.

Hence the obvious questions which seems to have escaped the government are, “Who provides approval for land clearing? Why have illegal farms and plantations existed for so long?” Allegations have been made of politicians involved in allowing illegal land clearing in Cameron Highlands. Have these allegations been competently and transparently investigated? Who is benefitting from this chronic destruction of our hill-slopes?

Mass arrests, harassment, violence by authorities

What we are witnessing instead is a massive crackdown on migrant workers and refugees who have been toiling in difficult and dangerous work conditions, contributing enormously to the economy of the country. While it is true that there are thousands of foreign workers and refugees on Cameron Highlands, they are not there on vacation. They are there doing work in conditions which few Malaysians are prepared to do. Many of the undocumented migrant workers in Cameron Highlands are victims of the government’s (2012) 6P legalization process. In spite of the overwhelming response by undocumented workers to regularize their status through the 6P process, many remain undocumented. Tenaganita has handled cases of over 5000 migrant workers who have been cheated of thousands of ringgit each by government appointed agents, many of whom were not only given fake registration papers but who never had their passports returned to them.

What is the government doing about agents who not only cheat migrant workers but also make lucrative profits by bringing them in to work without proper work permits?

During a Fact Finding Mission to Cameron Highlands by Tenaganita from the 15 – 16 November 2014, it was uncovered that many of the workers were employed by outsourcing companies and labour contractors. These are key factors in the trafficking of persons for labour in Malaysia, a fact that the Malaysian government has been made aware repeatedly. In 2011 however, the Employment Act was ammended to include both labour contractors and outsourcing companies as legitimate employers; a measure seen by Tenaganita as institutionalizing this practice of human trafficking. We also discovered that there have been arrests of not only undocumented migrants but also of documented migrants, Permanent Residents (PR) and holders of student visas. The indiscriminate arrests that have been taking place seem to suggest that the authorities view every (non-Caucasian) foreigner as an undocumented worker.

Why should migrant workers, permanent residents and foreign students who hold legitimate documents be arrested? 

A foreign student who made a trip to Cameron Highlands to visit his uncle was arrested during the raid and detained for 12 days. He said “I have been put in jail and have a police record right now. In future, when they ask for my criminal record clearance, I will fail it. So, what is going to happen to my future now?”

It was also learnt that migrants who held PR status and those married to local Malaysians had their premises used as temporary holding centers during the raids, causing them not just business losses but also humiliation. Authorities who conduct raids were often dressed in civilian clothes; it sets a precedent for imposters masquerading as immigration or police officers to prey on foreign workers.

Migrants interviewed stated that the officers “acted arrogantly” with no regard for their rights and dignity. Some workers had their mobile phones confiscated or damaged, rendering it impossible for them to contact their employers to verify their documentation status. Tenaganita was also informed that those arrested were insulted verbally. In addition to these violations, the homes and personal belongings of many refugee communities in Cameron Highlands were destroyed during the raids.

Inside the cell, those detained were given a very thin piece of blanket (often infested with bugs) which they were only allowed to use between 10pm – 7am. The holding cells did not have proper ventilation and the smell of the open toilet inside the cell was unbearable. They were cold and dehydrated. They were only allowed to have 3 glasses of fluids each day.

Death in police custody

On the 7th of November, Mr. Leaket Ali, a Bangladeshi national arrested in Ringlet died in detention. He was a documented migrant. His employer came to release him after 24 hours of his arrest but the police refused to release him from their custody. On his third day at detention, he developed a cold, stomach ache and dizziness. He requested to see a doctor but his requests fell on deaf ears. Finally, when his condition became worse, the police took him to a doctor but he never recovered. Mr Ali passed away that night in his cell. His blanket was then given to another detainee for use without first being washed.

Tenaganita is appalled by the gross human rights violations that is perpetrated by the government authorities in Cameron Highlands, purportedly to address the problem of massive flooding and land slides . We call on the Malaysian government to address the fundamental causes of the problem with urgency. The government needs to redeem itself with humility based on feedback from the Rakyat, civil society organizations and international institutions to ensure that we, as a nation, meet the global standards of ethical conduct, and respect the rights and dignity of all workers.

We therefore urge the government to:

put an immediate stop to the indiscriminate arrests taking place in Cameron Highlands

conduct an independent investigation into the death of Mr. Leaket Ali in police custody and the human rights violations perpetrated by the authorities during the raids, arrest and detention of foreign workers and refugees in Cameron Highlands;

identify and act decisively against those responsible for illegal land clearing, including politicians, local authority officers, state government officers and Federal government officers;

hold both employers, and agents accountable for rendering migrant workers undocumented;

repeal the illogical policy and discriminatory practice which makes it illegal for refugees to work for a living. -

Tenaganita

Full article: http://www.malaysia-chronicle.com

Why Malaysia should ratify the international refugee convention?

Refugee issue has been a global issue due to the conflicts in the world that jeopardise the lives of people and it is also affecting Malaysia. There are some 35,000 unregistered asylum-seekers as well as 143,435 refugees and asylum-seekers registered with United Nations High Commissioner for Refugees (UNHCR) in Malaysia as of end March 2014. Currently, without recognition of the refugee status by the Malaysian government, the refugees in Malaysia are constantly being harassed, ill-treated and denied their fundamental rights because of their lack of official status. Therefore, as one of the non-permanent members of United Nations Security Council, ratification of the 1951 Refugee Convention and its 1967 Protocol by Malaysia is very important to provide protection to the refugees and asylum seekers in this country by avoiding arbitrary arrest and detention as well as to facilitate in resettling refugees. This ratification is a major step forward to ensure that human rights are being upheld in line with the Malaysian government’s “wasatiyyah” or moderation and balance approach.

Refugees in Malaysia

People who fled from their home countries because of fear of persecution are called asylum-seekers and refugees and they seek refuge in other countries including Malaysia. There is a difference between asylum-seekers and refugees. Those who seek refuge are considered asylum-seekers and they will be granted refugee status once proven to be genuine refugees after being processed. Unlike internally displaced persons (IDP), asylum-seekers and refugees fled not just from their hometowns but also from their home countries by crossing an international border.

They are always mistakenly believed to be economic migrants or illegal migrants who came to this country just to seek better employment opportunities when the fact is that they are proven to be at risk of being presecuted. The refugees in Malaysia comprise of 133,070 people from Myanmar, 4,216 Sri Lankans, 1,139 Somalis, 902 Syrians, 776 Iraqis, 319 Afghans, and others from other countries. Out of these refugees, around 70% are men, while 30% are women.

For the past 40 years, Malaysia has become a destination for the refugees to seek either temporary or permanent refuge from the devastating conflicts although it is not a party to the 1951 Refugee Convention and its 1967 Protocol. In the past, this has included Filipino refugees from Mindanao arriving during the late 1970s and early 1980s, Cambodian and Vietnamese refugees during the 1980s and 1990s, a small number of Bosnian refugees in the early 1990s, and Indonesians from the Province of Aceh in the early 2000s. However, after Comprehensive Plan of Action (CPA) ended in 2001, there is no more formal written agreement between UNHCR and the Malaysian government to handle refugee status determination process. 

At the moment, the fate of asylum-seekers and refugees is uncertain because the Malaysian authorities do not distinguish between asylum-seekers/refugees and illegal migrants. Moreover, under Article 6 of the 1959/1963 Immigration Act, any person who enters the country without valid documentation will be severely punished regardless whether he or she is a refugee or not.

Following are the reasons why Malaysia should sign and ratify the 1951 Refugee Convention and its 1967 Protocol.

1. To fulfil human rights obligations

Recently, Malaysia’s commitment to world’s peace and security was recognised by the global community by being elected as one of the UN Security Council non-permanent members and Malaysia is also a member of the UN Human Rights Council as well as signatory to the UN Convention. One of the important aspects to keep the world in order is to uphold human rights of every mankind. By signing and ratifying the 1951 Refugee Convention and its 1967 Protocol, it is a major step forward to give protection to the refugees. With this framework, it shows Malaysia’s commitment and this will guide Malaysia towards giving protection to the refugees who have already faced threats. Furthermore, Malaysia was a member of UNHCR from 1993 till 1998 and was also elected as Chair of the 52nd session of the UNHCR in 1995. While Malaysia is passionate in helping refugees in Palestine and Syria, it should not forget that giving protection to refugees on the Malaysian soil is equally urgent and imperative too. It shows how sincere Malaysia is in helping to mitigate the problems faced by refugees regardless where they come from with no biasness or favouritism.

2. To avoid arrest, detention and prosecution of refugees

Pasukan Sukarelawan Malaysia (Rela) was established on January 11, 1972, with the effective of (Essential Powers) Emergency Act 1964 – Essential Rules (Ikatan Relawan Rakyat) (Amendment) 2005 to enable the masses to volunteer in preserving the national peace and security. Rela has the power to enforce immigration law including arresting and detaining illegal migrants which the Malaysian Bar Council opposed through a motion at its Annual General Meeting on 17 March 2007. Crackdowns by poorly trained volunteer Rela officers tend to violate the due process of law because they can detain and arrest the undocumented migrants including refugees who hold UNHCR card without a warrant.

Currently, of the three durable solutions – local integration, voluntary repatriation and resettlement in third countries, the last option is often the most viable for many refugees in as Malaysia becomes a transit country for temporary protection. By recognising the status of refugees, Malaysian authorities can facilitate UNHCR in resettling them to receiving countries like what happened in the 1970s and 1980s with the 255, 000 Vietnamese boat people who were placed at eight refugee camps in Malaysia. Even though Malaysia is not a state party to the Refugee Convention, Malaysia is still bound by customary international law and therefore it must respect the principle of non-refoulement which means that it cannot return the refugees to where they are at risk or in danger.

3.To safeguard refugee children’s fundamental human rights

To date, there are some 29,996 children below the age of 18 and they are denied their fundamental human rights due to their unofficial status. Article 22 of the Convention on the Rights of the Child (CRC) which Malaysia signed and ratified in February 1995, specifically requires member states to provide appropriate protection and humanitarian assistance to refugee children. The refugee children in Malaysia grow up with minimal safety because they may be arrested by immigration authorities. A 13 year-old-boy from Myanmar, Ahmad (not his real name) was arrested and put in a crowded cell with adult men for 6 months. Apart from not being given enough food and water, he was also being caned as the amended Immigration Act (Section 6) in 2002 sets out that all non-citizens with no valid documentation ‘shall also be liable to whipping of not more than six strokes’ and can be put at the detention centres indefinitely.

In a nutshell, protecting the rights of asylum-seekers and refugees has become a duty for everyone including Malaysia as this issue has been ongoing for so long. As a member of the UN Security Council, Malaysia should take a progressive step in recognising and addressing the plight of the asylum-seekers and refugees as part of its obligation and effort to maintain world’s peace and security. Of course, more needs to be done than just signing and ratifying 1951 Refugee Convention and its 1967 Protocol. However, the ratification of this convention and protocol can at least avoid arbitrary arrest and detention as well as to facilitate the refugees to being resettled. – November 19, 2014.

*Aslam Abd Jalil reads The Malaysian Insider.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider. 

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