Fire Destroys Burmese Refugee Homes, Thai Military Post

Mae La Oon refugee camp in Thailand’s Mae Hong Son Province, pictured in 2012. (Photo: Saw Yan Naing / The Irrawaddy)

CHIANG MAI, Thailand — A large fire broke out in a Burmese refugee camp in northern Thailand on Monday, destroying about two dozen homes and community buildings as well as parts of a nearby Thai military base.

The fire occurred in Mae La Oon refugee camp in northwestern Thailand’s Mae Hong Son Province at around 4 p.m. The bamboo and wood structures lost in the blaze were located in Section 8, near the camp’s entrance.

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The flames also spread to the temporary homes built for Thai soldiers who are stationed outside the camp for security.

Saw Tu Tu, the head of Karen Refugee Committee’s branch office in Mae Sariang Town, Mae Hong Son Province, told The Irrawaddy that the cause of the fire was accidental—the result of a cooking mishap in a refugee household.

“[A local woman] was resting outside the house and burning firewood fell to the floor,” he said.

Saw Tu Tu said more than 20 residences were lost in the fire, including a food and supplies office and a local outpost of the International Organization for Migration (IOM); around ten structures were lost at the Thai military post.

Mae La Oon is one of nine refugee camps on the Thai-Burma border and it hosts an estimated 12,000 refugees who have fled civil war in Burma. It has 13 sections in total—12 of which were not affected by this incident.

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After the fire was contained, local Thai authorities—including soldiers—visited the site and reportedly distributed food and water to the affected residents. They urged camp residents to be aware of the causes and risks of fires during the dry summer season due to heat and wildfire from the surrounding forest.

Correction: A previous version of this story erroneously stated that 30-40 homes had been razed by the fire, according to Saw Tu Tu. The head of Karen Refugee Committee’s branch office in Mae Sariang town actually put the number at 23-24.

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UNHCR believes ‘considerable opportunities’ for refugees to return home

KUALA LUMPUR: In light of political developments in Myanmar, the United Nations High Commissioner for Refugees (UNHCR) believes there will be “considerable opportunities” for many of the refugees from there to return home.

UNHCR Malaysia representative Richard Towle (pic)however said that this would not apply to the Rohingya refugees who have a much greater challenge in proving their legal relationship with Myanmar.

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He, however, believed that the non-Rohingya refugees from Myanmar are coming towards the end of a cycle for their need for refugee protection.

“At the moment it’s a bit early to say what impact the changes in Myanmar would have on refugee movements, but what we can say already is that the direction Myanmar is moving in is broadly positive for a large number of people who are living here in Malaysia.

“Our assessment is that in the coming few years there will be considerable opportunities for people to go home,” Towle told The Star Online in an interview. 

Myanmar’s lawmakers last week elected Htin Kyaw, a close aide and longtime friend of Aung San Suu Kyi, to become the country’s first civilian president in decades in a historic moment for the formerly junta-run nation.

As of February there are 144,380 refugees from Myanmar, comprising some 53,700 Rohingyas, 44,870 Chins, 12,220 Myanmar Muslims, 7,150 Rakhines, Arakanese and other ethnicities.

Towle said the baseline measuring point is whether the refugees would face persecution if they went back.

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“People can’t stay as refugees forever. It’s not fair on the host state and it’s not what people want anyway,” said Towle saying that Vietnamese refugees for example returned home in 1995 after conditions improved.

He added that they were discussing with the governments of Malaysia, Myanmar and these ethnic groups on their future pathways.

He, however, said the return of the refugees will not “happen overnight” and that it is important to have a strategic action plan for the management of these groups.

“What we are trying to do at the moment is encourage the government of Malaysia to provide a transitional period for these groups to work lawfully here in Malaysia.

“If they are registered here in Malaysia lawfully and can work lawfully for a temporary period, this will give all sides the breathing room to negotiate a more durable solution including returns,” he said adding this was a natural development.

http://www.thestar.com.my

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Malaysia, UNHCR to form joint task force over fake refugee cards

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Malaysia and the United Nations High Commissioner for Refugees (UNHCR) have agreed to immediately set up a joint task force to overcome the problem of fake UNHCR cards issued by unscrupulous syndicates.

Deputy Prime Minister Ahmad Zahid Hamidi said among the immediate measures to be taken by the task force was asking all UNHCR card holders to re-register themselves with the body.

He said the agreement was reached at a meeting with UNHCR’s Assistant High Commissioner Volker Turk in Bali yesterday.

“We agreed to add more security features to the existing UNHCR card and that re-registration of genuine card holders should be done,” he told reporters after attending the official opening of the Bali Process in Bali today.

The Malaysian authorities have found that syndicates have been issuing fake UNHCR cards, one of the factors for the influx of foreign immigrants including those not recognised as refugees, into Malaysia.

Up to August 2015, there were 153,000 refugees and asylum seekers in Malaysia and the majority of them, at 93 percent, were from Myanmar and the rest from Sri Lanka, Pakistan, Somalia, Syria, Iraq, Iran and Palestine, among the countries.

The fake UNCHR card-issuing syndicates were detected since a few years ago when the authorities arrested several foreign immigrants who were carrying the UNHCR card but during investigation, the cards were found to be fake and they admitted to having entered Malaysia illegally.

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Cooperation on accepting Syrian migrants

Ahmad Zahid said Malaysia and the UNHCR also agreed to cooperate in accepting the arrival of Syrian migrants to the country as was announced by the prime minister at the 70th United Nations General Assembly in New York in October, last year.

“I will also be chairing a high-level committee meeting on these Syrian migrants soon,” he said.

When delivering the nation’s statement in conjunction with the Bali Process, Ahmad Zahid, who is also Home Minister, said Malaysia urged human traffickers to be taken to court, and to see whether the legal provisions of the countries concerned could be enforced together.

He said all member states of the Bali Process wanted practical solutions to the real causes of human trafficking and smuggling of migrants as the crime was increasingly worrying.

“The criminals have managed to dupe various groups, especially women and children, and they carry out this activity as a lucrative business.

“So, concerted efforts are needed to prevent these criminals from bribing enforcement officers in order to conduct their illegal activity.”

Ahmad Zahid said the meeting in Bali also wanted an integrated approach to ensure that the source countries be responsible for their citizens’ action of entering other countries illegally.

“I am confident the willingness of all countries to share their information and experience to combat human trafficking and smuggling could result in the creation of a data base for a concerted strategy,” he said.

The deputy prime minister said a long-term approach was necessary to eradicate this criminal activity as it could create various other problems, including threatening a country’s security and public order.

The one-day Sixth Ministerial Conference of the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime (Bali Process) was jointly chaired by Indonesian Foreign Minister Retno Marsudi and his Australian counterpart Julia Bishop.

It was participated by 48 member states and representatives of the UNHCR, International Organisation for Migration (IOM) and United Nations Office of Drugs and Crime (UNODC), among others, as well as observers.

The conference is a major platform in tackling the issue in the Asia-Pacific region.

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Agreement to impose tighter border controls

Ahmad Zahid said the source countries attending the conference agreed to impose tighter control at their respective border areas, to prevent the human trafficking and smuggling problem from being shouldered by other countries.

“We admit it’s not easy to curb this, especially stopping people who want to migrate to earn a living in another country, as the human trafficking victims don’t regard themselves as victims but economic opportunity seekers.”

He said as an additional measure to prevent illegals from sneaking into the country, the government would tighten security control by erecting or rebuilding fences along the border in the peninsula, Sabah and Sarawak.

Besides that, he said, the authorities would be using drones and satellite for surveillance in the areas involved.

“We know that many rat trails (through which illegals enter the country) have become elephant trails and the border fences have been damaged, but we are taking action on this,” he added.

- Bernama

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Nur Jazlan slams UNHCR over issuance of refugee cards

Deputy Minister says the government is doing its best for refugees even though it is not obligated to do so, but the UNHCR can do more to help.

KUALA LUMPUR: The United Nations High Commissioner for Refugees (UNHCR) in Malaysia should be more responsible when issuing refugee cards, said Deputy Home Minister Nur Jazlan Mohamed.

He said checks by the immigration department revealed abuse of UNHCR cards by foreigners, including by Arabs and Africans, who came into the country legally but overstayed and later applied for refuge status through the international agency.

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“We are telling the UNHCR to be responsible for the refugee cards they issue, to find out whether these are forged by agents on the streets or supplied by them.

“The immigration department recently met the UNHCR to ensure their cards were genuine. We have suggested that they link their database with ours but they have yet to respond to that,” Nur Jazlan told reporters outside the Parliament building yesterday.

He added that Malaysia was not a signatory to the UNHCR’s convention and yet, due to the international body’s own faults, the government was the one subjected to accusations of neglect and unjust treatment of those who had come to seek refuge here.

“Why should we take care of the refugees when we are not a signatory to their (UN) conventions? You (UNHCR) talk so much about us not taking care of the refugees whilst we are not a signatory, but what do you do?

“You push the burden on us. You fault us for not helping these people. We are, but we have to make sure that whatever help we provide is going to be meaningful.

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“That it will help us improve their lives and future. Not just for them to be abused again.”

The Pulai MP was responding to criticisms made by the UNHCR against the government following arrests of migrants with refugee cards.

He said the government was doing its best to ensure the wellbeing of the refugees although they were not directly under its responsibility.

Nur Jazlan said the UNHCR is to be blamed for making things worse by being careless in the issuance of its refugee cards.

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Fake refugee cards out of UNHCR’s control

Commission representative Richard Towle maintains that refugee cards were only issued to those genuinely requiring protection.

PETALING JAYA: The United Nations High Commissioner for Refugees (UNHCR) says they have no control over fake refugee cards in the market given out to those willing to pay for it.

According to a report by The Star Online today, UNHCR Malaysia representative Richard Towle said recent news reports about the sale of fake cards had nothing to do with the commission.

He said UNHCR had issued some 158,000 cards and it was possible to replicate the features of a legitimate card in order to make a fake one.

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Towle said UNHCR was not concerned about the number of cards issued, as what was more important was that the cards had only been issued to those who actually required protection.

He noted that their card system was controlled tightly, and that UNHCR also collected the biometric data of the refugees, such as fingerprints and retinal scans.

The authenticity of a UNHCR card, could be checked by the authorities via the Internet or by calling a hotline, Towle explained, adding that the commission enjoyed a high degree of cooperation with the government at present.

Last week, a New Straits Times exposé revealed that fake UNHCR cards, complete with security features, could easily be obtained for only RM120 from syndicates involved in the business.

In the exposé, a syndicate member revealed that data for the card was retrieved from the Malaysian UNHCR database and that the same name would be used by many other fake cardholders.

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www.freemalaysiatoday.com

UNHCR unable to stop refugee card counterfeits

KUALA LUMPUR: The United Nations High Commissioner for Refugees (UNHCR) says it has no control over fake refugee cards being circulated, saying that the market exists as refugee status is not given out easily.

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UNHCR Malaysia representative Richard Towle said that they had issued about 158,000 cards and that it was possible to replicate features of a legitimate card to make a fake.

Towle said a card featured in a recent news report was fake, as its details did not match that in their database.

"Somebody in the community has paid money to get a false card, it has nothing to do with the UNHCR," Towle told The Star Online.

Towle said that UNHCR had robust and rigorous procedures to decide on a person's refugee status, adding that their card system was controlled very tightly.

He said that they collected biometric data such as fingerprints and even retinal scans.

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"We have procedures so the most vulnerable people get our help as quickly as possible," he said.

Towle added they were not concerned about the number of cards issued, saying that it was more important that it was issued to those who actually needed protection.

He said that local authorities could verify if a UNHCR card was genuine via the Internet or by calling a hotline, and added that they had a high degree of cooperation with the Government.

As of end February 2016, there are some 158,510 refugees and asylum-seekers registered with UNHCR in Malaysia with about 145,000 of them from Myanmar.

There are another 14,120 refugees and asylum-seekers from other countries, including from Sri Lanka, Pakistan, Somalia, Syrian, Iraq, Yemen, Palestine and Iran.

UNHCR defends registration card system in Malaysia

The United Nations High Commissioner for Refugees (UNHCR) has defended its registration card system after Malaysian officials accused the refugee agency of "mismanagement" and allowing the system to be abused.

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By Sumisha Naidu, Malaysia Correspondent, Channel NewsAsia

KUALA LUMPUR: The United Nations High Commissioner for Refugees (UNHCR) has defended its registration card system after Malaysian officials accused the refugee agency of "mismanagement" and allowing the system to be abused.

UNHCR's representative to Malaysia, Richard Towle, told Channel NewsAsia officials seems to have misunderstood its role in the country as well. He disagreed that the refugee agency should be solely responsible for asylum seekers and refugees just because Malaysia is not a signatory to the 1951 United Nations Convention Relating to the Status of Refugees.

"Our role here is given to us by the United Nations of which Malaysia is one of the members - let's be clear that Malaysia is part of the United Nations - and the United Nations has been given the responsibility to help take refugees where countries don't feel they can do it on their own," he said.

"We are here to help Malaysia deal with the refugee problem, we are not a substitute for Malaysia's responsibilities to deal with refugees." These comments come as the UNHCR is taken to task by officials over reports of people being able to buy fake UNHCR cards for as little as US$30.

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Deputy Home Minister Nur Jazlan Mohamed told reporters on Tuesday (Mar 22) that immigration authorities had trouble distinguishing between fake and real UNHCR cards as well.

"There are incidences where people not from Myanmar ... have UNCHR card. Because when they run out of social passes, when they overstay, they go to the UNHCR office and apply for status as refugees," he said.

"Actually that is wrong ... we are telling the UNHCR, you will be responsible for the cards you issue, whether it is forged by agents on the street or issued by them, they have to take responsibility."

Mr Towle said tackling the problem requires government collaboration as well. "We are satisfied that the procedures we have put in place for genuine refugees have very strong security features, there are tough tests and we produce high quality cards that cannot be duplicated - we can tell the difference between real cards and false cards," he said.

"That means we need to have a closer degree of cooperation between our work and the work of the law enforcement officials in Malaysia, try to root out those who are capitalising and benefiting on people's misery, to be frank."

Malaysian Minister in the Prime Minister's Department Shahidan Kassim has long wanted the refugee agency to stop issuing ID cards altogether without first consulting the government. As it is, Malaysia already has more than two million undocumented migrants on its shores.

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Officials want UNHCR to resettle registered asylum seekers and refugees in countries that are signatories to the 1951 convention to reduce the number of migrants and security risk in Malaysia.

Mr Towle said UNHCR in Malaysia had already resettled more than 100,000 asylum seekers and refugees in the past ten years. But resettlement is not an option for everyone and it wants the government to consider granting those who remain access to basic rights, such as the right to work.

This is something Deputy Home Minister Nur Jazlan said they are looking into via a pilot programme launched last December.

"We are not signatories to the UNHCR agreement, therefore we are not responsible for the fate of the refugees here but for humanitarian reasons and because there's a large number of them in this country, due to the mismanagement of the UNHCR, we are now thinking of (how they can work here)," he said.

- CNA/de

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Gov't has no plans to set up refugee registration centre - Shahidan

SHAHIDAN: The government has also urged parties to the 1951 Convention and 1967 Protocol relating to the Status of Refugees to take in the refugees in line with their commitment as member States. - Filepic

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KUALA LUMPUR: The Dewan Rakyat was told today that the government has no plans to set up a refugee registration centre as it fears the move would encourage more refugees and asylum seekers to enter the country.

Minister in the Prime Minister's Department Datuk Seri Dr Shahidan Kassim said the government had in fact requested the UNHCR to expedite the repatriation process of refugees here to their respective or third country.

"The government has also urged parties to the 1951 Convention and 1967 Protocol relating to the Status of Refugees to take in the refugees in line with their commitment as member States," he said.

He was responding to Datuk Liang Teck Meng (BN-Simpang Renggam) who wanted to know about the steps taken by the government in resolving the refugee problem in the country and follow-ups to ease the UNHCR's burden in the issue.

Liang had also asked whether the government planned to set up its own refugee registration centre without having to depend on international agencies.

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Shahidan said Malaysia could no longer afford to accept refugees and asylum seekers who had contributed to social problems and threatened public order and national security.

To Liang's suggestion that fake UNHCR cards were easily obtainable as exposed by a newspaper recently, Shahidan who is also Arau member of Parliament admitted there could possibly be a syndicate responsible in issuing and selling them on the black market.

He could not be sure of the rampancy and said he was leaving it to the police to investigate.

To a question from Tan Kok Wai (DAP-Cheras), he said the number of refugees and asylum seekers in the country that had registered with the UNHCR office as at Feb 29, was 158,516.

He said 144,388 or the majority comprised Myanmar nationals while the rest were from Afghanistan, Iran, Iraq, Pakistan, Palestine, Somalia, Sri Lanka, Syria and Yaman.

He said Malaysia being a non member of the refugee convention and protocol has no obligation to provide asylum to illegal immigrants, while it is the prerogative of the UNHCR to accord refugee status to any illegal immigrant.

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Empowered via aquaponics

KLANG: The Elshaddai Refugee Learning Centre (ERLC) will have six aquaponics systems to help them create sources of income, thanks to a RM20,000 donation from the German embassy.

Aquaponics is a self-sustaining method that combines fish farming with gardening in a completely waste-free system.

The waste from the fish provides an organic food source for the plants, which in turn, give a natural filter for the fish to live in.

German Ambassador to Malaysia Holger Michael said the produce from this project would be sold to nearby churches to supplement ERLC’s operation cost.



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“Besides, this project aims to provide healthy food for the students while giving them hands-on knowledge in environmental science, botany and biology,” he said after visiting the centre and the aquaponics project corner yester-day.

He said the embassy would provide annual mini grants to organisations all over Malaysia in various areas such as education.

During the visit, the children attending ERLC were also given sports equipment such as sportswear.

ERLC founder Andrew Ng said the aquaponics project was also a way to teach the older refugee children to be environmental friendly farmers.

“It helps them develop skills that will augur well for their future, apart from generating the much needed income to fund the learning centre,” he said.

Founded in 2008 and registered under the United Nations High Commissioner for Refugees, ERLC is the most diverse refugee school in Malaysia, providing education to over 400 students aged between four and 17 from nine countries.

There are 28 volunteer teachers at the ERLC to handle the 19 classes ranging from kindergarten to Form 2.

The school also offers projects in science, music, arts and crafts, among others, in its curriculum.



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Govt to check refugee card machine

THE Government will inspect a new machine used to issue cards to refugees by the United Nations High Commission for Refugees (UNHCR).

Minister in the Prime Minister’s Department Datuk Seri Shahidan Kassim said the machine was meant to ensure cards issued to refugees were tamper-proof and could not be reproduced by syndicates.

“We are aware of cases where illegal immigrants managed to buy fake cards for RM120 each.

“We have reported the matter to the police and UNHCR,” he said in response to Tan Kok Wai (DAP-Cheras) in Parliament.

He added that as of February, Malaysia had records of 158,516 refugees and asylum seekers with UNHCR cards. Of these, 133,388 were from Myanmar, mostly Rohingya.

Shahidan said he would raise the Government’s concerns on the issue during a meeting with UNHCR representatives next week.

“It is a serious matter because we are not sure who the cardholders really are. We are concerned that the cards may be issued to those involved in terrorist activities like the Islamic State group,” he said.

Shahidan reiterated that Malaysia was not responsible for refugees and asylum seekers as the country was not party to the UN convention and protocol on refugees.

“UNHCR is responsible for housing the refugees and attending to their daily needs. We have asked them to speed up the process of repatriating them to a third country,” he said.

He acknowledged calls by several quarters to let refugees work.

“We are considering this request and the matter is under discussion. A decision will be announced soon,” he said.

UNHCR urged to implement security features on its cards

JITRA, March 20 — The Home Ministry has urged the United Nations High Commissioner for Refugees (UNHCR) to implement security features on its cards.

The ministry’s secretary-general Datuk Seri Alwi Ibrahim said, it was necessary to prevent UNHCR cards from being forged arbitrarily by immigrants and those claiming to be refugees.

“We at the ministry have the Immigration Department conducting constant enforcement together with the police to check whether their documents are genuine or not.

“But as of recently, there is the issue of refugees using forged UNHCR cards. So we will be working with the UNHCR to determine whether the cards are genuine or not, he told reporters after officiating at the Distinguished Service Award Ceremony of Malaysian Prisons Department North Zone 1, here today.

He was responding to media reports regarding the misuse of UNHCR cards, by using forged cards, to get jobs in the country.

In the meantime, Alwi said the dependence on foreign workers may be reduced by training and developing skills and aptitudes of prison inmates in various fields. This will help fill the void in manufacturing, agriculture and other employment sectors.

“Some 99 per cent of the 21,124 inmates who completed their rehabilitation programme outside prison from 2008 to 2015 managed to get jobs and last year’s statistics show that only 0.34 per cent went back to crime,” he said. — Bernama

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UNHCR needs to review and revise its card issuance programme — Khen Han Ming 

MARCH 21 — The latest media exposé on forged UNHCR cards in Malaysia is nothing new, as issues and concerns pertaining to the forgery of UN refugee cards are also prevalent in many other countries outside Malaysia.

This, however, sheds some light into a dark realm of gross neglect and blatant disregard for the existing loopholes in the system that has been for umpteen times abused and exploited with possible involvement of corruption which has yield its toll on the problem which could be managed in a more proactive and systematic manner.

For one, genuine personal data of refugees are being leaked to syndicates by irresponsible parties and this enabled multiple cloning of bona-fide identities which could be traced back to the database.

It is a major concern in the security community that the forged refugee identity cards could pose a serious threat to both domestic and national security as the modus operandi in the black market seems to show a severe lack of integrity and control in the entire system.

We need to consider the numerous risks involved, from different angles of criminal activities, subversion to terrorism which is equally detrimental to the personal safety of the actual data owner themselves due to the mass exploitation of their personal details for use by syndicates in reproduction of these forged refugee cards.

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The Malaysian authorities, on the other hand, should consider a more proactive approach in managing this issue.

Being a non-signatory member of the United Nations 1951 Refugee Convention, it is the prerogative of the government to stand firm on urging the UNHCR to enhance the card’s security features and possibly conduct a crackdown to weed out illegal immigrants and pressure the world body to review and revise its card issuance programme.

The UNHCR should review its entire database against the total number of cards issued, which should be jointly collaborated with Home Ministry in order to enable an integrated database for reference and conduct of due diligence checks and records available for lookup by the authorities.

After all, we’ve been hearing about all the aggressive policing measures to safeguard our country’s state of security, which include measures on documenting illegal immigrants and foreign workers. Why should fake refugees and asylum seekers be exempted from this process and treated with full immunity at the end of the day?

* Khen Han Ming is principal consultant at JK Associates.

** This is the personal opinion of the writer and does not necessarily represent the views of Malay Mail Online.

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

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Refugees in Malaysia: Victims of their identity — Shaun Kang

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MARCH 19 — I refer to the news report on March 17, 2016 titled “Cops warn of crime spike as cartels sell fake refugee cards to illegal immigrants.” Firstly, I share the authorities’ concern that the rising number of illegal immigrants is indeed troubling and should be addressed.

However, this concern should not serve to distort the distinction between refugees and illegal immigrants (including those who attempt to pose as refugees). Nor should it emit fear among the authorities for UNCHR to continue issuing identity cards (“refugee cards”).

Who are refugees and what are refugee cards?

Refugees are persons defined and protected by international law (in particular, the Refugee Convention). For a person to be recognised as a refugee, they would first have to undergo a complex interview and fact-finding process conducted by highly skilled and trained persons (often experts in the fields, including lawyers trained in international law).

A person will only be recognised as a refugee if he or she meets certain stringent criteria stipulated by the Refugee Convention. In Malaysia, this pivotal role of determining an applicant’s status is carried out by UNHCR on behalf of the government.

Essentially, refugees are not in Malaysia on their own terms. Rather, they are fellow human beings, who flee from their country for a variety of reasons, often including, torture, murder, rape, arbitrary arrests and deprivation of citizenship.

Further, refugees are not here with the intention to live indefinitely but are usually on transit, awaiting resettlement to a third country. The refugee card, which is often the only form of personal identification for a refugee, also commonly serves as the only means for UNHCR and the authorities to identify and distinguish between a refugee and an economic migrant.


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UNHCR and refugee cards

I turn to address the point made on UNHCR’s lack of legal standing to issue refugee cards. Firstly, the issuance of an identity document by UNHCR is not only practically necessary for monitoring and enforcement exercises but also consistent with the Refugee Convention and universal principles of International Law.

The government’s stance on the issuance of this identity document is arguable. In reality, UNHCR has been present in Malaysia for more than 40 years and its involvement in recognizing and documenting refugees throughout the years has never faced much objection from the authorities.

On one end, the authorities are now questioning the legality of UNHCR in issuing refugee cards, but on the other, it is evident that refugee cards are instrumental for the authorities in identity verification exercises. In fact, in countries where the government undertakes the responsibility of issuing refugee cards to refugees, UNHCR does not issue such cards but merely facilitates the government.

It is regrettable that the integrity of the refugee recognition process employed by UNHCR is being put to question. As explained, the detailed process carried out by UNHCR’s officers before recognising an applicant as a refugee is in line with international law and standards, therefore such claims are unwarranted.

It is also inaccurate to assume that UNHCR Malaysia has been unco-operative with the authorities in the verification of the authenticity of refugee cards. As it appears, UNHCR has a dedicated system catering for law enforcers to verify the identity of a refugee in Malaysia. 

UNHCR appears also to have played an active role in assisting the authorities to verify such persons by visiting detention centers and being present during raids carried out by authorities. Further, UNHCR has shown its commitment in cooperation by sharing its database with the authorities.



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Moving forward

It appears that the focus should not be on the legality and the process of recognizing refugees by UNHCR but rather, the need to improve the security features of the refugee card to ensure that it cannot be easily duplicated and that its authenticity can be easily verified by UNHCR and the authorities.

While the physical card itself is of importance, the involvement of the authorities in the process of documenting refugees is all the more pertinent.

UNHCR is seen to advocate this particularly when it invited the co-operation and involvement of the authorities by urging them to issue biometric identity cards for refugees. Legally, the government appears to have an international legal obligation to recognise UNHCR and to co-operate with it in the international protection of refugees even though Malaysia is not a party to the Refugee Convention.

It is important that the authorities take cognisance of the importance of the identity card issued by UNHCR, and of UNHCR’s presence in Malaysia.

Instead of identifying UNHCR as the source of the problem, it should be agreed that the involvement of UNHCR in the recognition of refugees in the past 40 years has to a great extent alleviated the difficulties that the authorities would have otherwise faced in handling refugees.

Ultimately, the success of weeding out illegal immigrants from refugees is contingent on the co-operation between the authorities and UNHCR on the basis of a common understanding.

* Shaun Kang is a researcher in international law.

** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail Online.

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


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Possibility refugees can gain employment in MALAYSIA

High-level government committee looking into five areas refugees could be hired, namely in sectors deemed “appropriate, safe and easily monitored” by the authorities.

PETALING JAYA: A high-level government committee will meet stakeholders to discuss the possibility of permitting refugees in the country to be employed.

Quoting sources, the New Straits Times (NST) reported that the committee will look into five areas where foreigners accorded refugee status by the United Nations High Commissioner for Refugees (UNHCR), could be hired, namely in sectors deemed “appropriate, safe and easily monitored” by the authorities.

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It is believed the committee will look at reviving a shelved pilot project between, among others, the Human Resources and Home Ministries involving the issuance of special employment permits, especially for the Rohingyas.

“If the plan goes through and the refugees are allowed to work, law enforcers will be able to weed out the tens of thousands of illegal immigrants carrying fake UNHCR card,” the daily wrote.

The paper also quoted Immigration Director-General Sakib Kusmi as stating the Cabinet had considered allowing UNHCR cardholders to work in the country.

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Meanwhile in a statement issued to the NST, the Malaysian chapter of the UN body said it was open to having a database for those whose presence here it had sanctioned, and make the database accessible to the authorities.

UNHCR said it was convinced the best way to manage the issue of criminality was to find a common registration system, where it, along with the government could identify the protection needs of refugees.

“We believe that a scheme allowing genuine refugees to be registered in Malaysia, including the opportunity to work lawfully, will have a remarkable and positive impact on both quality of protection for refugees and help the government address its legitimate concerns about criminality and security that pervade the lives of all undocumented migrants in Malaysia,” the statement read.

UNHCR also said it had invested heavily in tightening procedures and ensuring the integrity of its documents were not easily compromised.

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Yesterday the NST reported that fake UNHCR cards, complete with security features, could be easily obtained for a mere RM120.

Minister in the Prime Minister’s Department Shahidan Kassim also hit out at the world refugee orqanisation over the issuance of refugee cards, claiming it was the reason Malaysia was flooded with immigrants.

The minister also alleged the international body had never bothered to consult the government before issuing the said documents.

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MALAYSIA : UN body open to sharing database

KUALA LUMPUR: The United Nations High Commissioner for Refugees (UNHCR) is open to having a database for those whose presence here it had sanctioned, that is accessible to the authorities who have been calling for one to be set up. 

In a statement, the Malaysian chapter of the UN body said it shared Kuala Lumpur’s concern about the use of fake UNHCR cards among asylum seekers. “We are convinced that the best way to manage the issue of criminality is to find a common registration system, where UNHCR and the government can identify the protection needs of refugees.

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 “We believe that a scheme allowing genuine refugees to be registered in Malaysia, including the opportunity to work lawfully, will have a remarkable and positive impact on both the quality of protection for refugees, and help the government address its legitimate concerns about criminality and security that pervade the lives of all undocumented migrants in Malaysia,” it said. 

The world refugee organisation, in a statement issued to the New Straits Times, said on its part, it had made a huge investment in tightening its procedures and ensuring the integrity of its documentation, including issuing cards with biometric security features. It added that its new cards, introduced two years ago, allowed law enforcement officers and health authorities to verify their authenticity through “well-established and agreed procedures”. 

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The UN body said in the statement that it had engaged with the relevant ministries and enforcement agencies, such as the police and Immigration Department, in finding ways to work closely “on common issues of security and humanitarian protection”. Adding that it was unhappy with NST’s frontpage headline “UNHCR Card Scandal”, which quoted senior government officials, a minister and deputy minister saying the issue of fake UNHCR cards was a major bane to the country, it said, “UNHCR finds the coverage of today’s articles on UNHCR’s processing grossly inaccurate and misleading. “UNHCR’s responsibility to protect refugees in Malaysia is derived from its authority under the United Nations.

 Unlike many other parts of the world, the government is not involved in the active processing and protection of refugees in this country,” it said. The UNHCR added that for more than 40 years, it had been actively working in Malaysia and had helped find protection solutions for hundreds of thousands of refugees displaced by war and conflict in this region. 

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This, they said, included the resettlement to a third country for some 100,000 refugees, as part of its solidarity and burden-sharing agreement with Malaysia. “The UNHCR has a robust processing system to determine those who are genuinely in need of international protection, as it was part of its protection responsibility, and only those found truly in need received their UNHCR identity documents,” it said.

Read More : http://www.nst.com.my

Fake UNHCR cards threaten nation of Malaysia

MALAYSIA is not a signatory to the United Nations 1951 Refugee Convention, but the country plays host to the United Nations High Commissioner for Refugees (UNHCR), which has an office in the capital. Unfortunately, a UNHCR card fraud is happening. The country is being swamped by foreigners shielding behind fake refugee cards. 

The genuine item is, of course, issued by UNHCR, but quite unilaterally, without consultation with the authorities. An investigation by this paper has shown that the fake cards are easy to come by, comparatively inexpensive, have a quick turnaround time and look very much like the real deal. Naturally, heightened concern is to be expected, given the already extant problem of illegal immigrants — numbering in the millions — that the country is grappling with. Police claim that having fake refugees in the country is even more dangerous because the intention behind the procurement of fake cards can be presumed to be sinister. After all, why pay money if one is a genuine refugee?



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And, the attitude of UNHCR in this matter verges on disrespect. Its spokesman simply pushed the matter back to Malaysia as the party responsible for investigating and stopping the problem. The argument is that the body issues the cards according to specific guidelines. If criminals exploit the situation, then, the authorities must put a stop to the issue. But, how will Immigration and police personnel identify the fake cards when they are as good as the genuine item? Furthermore, the intransigence of UNHCR in refusing to share data on those issued with genuine refugee cards makes the job of apprehending those with fake cards difficult, if not near impossible. And, the minister responsible in the Prime Minister’s Department is none too pleased.

 He is demanding that UNHCR act with greater discretion in the issuance of the cards. There is also an indication that the issuance of fake cards is an inside job or involves someone with connections on the inside, as every fake card issued bears the name of a legitimate refugee listed by UNHCR. This further complicates the work to be done by police and Immigration. Therefore, without the cooperation of the UNHCR office, the authorities are forced to take an aggressive approach. After all, it is the country that is being unfairly accused of human trafficking, when it is obvious that criminal elements are exploiting every weak link that exists.



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Malaysia should demand that all refugee cards issued by UNHCR in Kuala Lumpur be rescinded and returned. A moratorium would be established, rendering the cards meaningless. Genuine refugees would then be issued completely new identification documents. Meanwhile, undocumented aliens would be rounded up and deported. For, to not act firmly is to compromise the country’s security. In the event UNHCR refuses to work with the authorities, it should be told to pack its bags until such time as Malaysia decides to be a signatory to the refugee convention. 

When respect is not given voluntarily, it should be taken by force.

Read More : http://www.nst.com.my



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Job prospects for refugees in Malaysia

KUALA LUMPUR: A high-level government committee will meet the stakeholders managing tens of thousands of refugees in the country to discuss the issue of allowing them to gain employment. It is understood that the committee is looking at five areas where foreigners given refugee status by the Malaysian chapter of the United Nations High Commissioner for Refugees (UNHCR) could be employed.



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Those job sectors, deemed by the stakeholders as “appropriate, safe and easily monitored by the authorities”, include the hotel industry. Sources in the committee told the New Straits Times that the estimated 156,000 refugees, largely Rohingya people who were not recognised as foreign workers, could possibly be employed under “a very controlled environment and processes”. It is understood that the committee is looking at reviving a shelved pilot project between, among others, the Human Resources and Home Ministries involving the issuance of special employment permits to the Rohingyas. 

The sources said the committee, comprising representatives from the Home, Human Resources and Foreign Affairs Ministries, as well as the Immigration Department, was also banking on this system to better equip government officers in carrying out effective law enforcement. If the plan goes through and the refugees are allowed to work, law enforcers will be able to weed out the tens of thousands of illegal immigrants carrying fake UNHCR cards. “The problem now is when raids are carried out, the illegal immigrants will brandish their UNHCR cards.



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There is no way the authorities can tell if they are genuine as we do not have access to their database. “But if they are registered as workers under the employment programmes sanctioned by the government, they will need to produce their UNHCR cards and a letter allowing them to work. This is the only way the government can control the refugees sanctioned by UNHCR,” said one of the sources. 

The Home Ministry source said the committee’s work was in the initial stages, and the plan, including its technical and legal aspects, was being studied to determine if it could be feasibly adopted in the country. “The government committee involves all relevant agencies to ensure a collective view and that all checks and balances are in place. “The UNHCR will not be involved as the government has to look into its policies first before deciding on the pilot project. They will come in later,” the source said. Immigration Director-General Datuk Sakib Kusmi said the cabinet had considered allowing UNHCR cardholders to work in the country.



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He told the NST that due processes had to be put in place before the green light was given to allow them to gain employment. Sakib said the authorities must be able to work closely with UNHCR, especially in determining the authenticity of UNHCR cards held by migrants, as fake ones could easily be bought off the streets. “The enforcers need to check the cardholders’ identity and their cards. It is important for the men to be able to determine if the person is a refugee or an illegal immigrant.” On potential employment, he said employers might also be given the right to offer refugees jobs either full-time or part-time. Sakib was all for allowing them employment, saying the refugees were experiencing hardship and would be more than happy to make an honest living here. “It is a better option than just letting them stay and beg for money from the public,” he said. In response to NST’s exclusive report yesterday, headlined “UNHCR Card Scandal”, Sakib said the department only recognised genuine UNHCR cardholders, adding that it was the United Nations’ responsibility to monitor any abuse.



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 He said during operations, Immigration officers would detain all, including those with UNHCR cards, to check for their authenticity. UNHCR, he said, should also take precautions and check on the use of fake cards, many of which shared the details of actual refugees in its database. “The UNHCR card comes in various shapes and forms, so it is difficult to be sure whether a card is original or fake. There are also no safety features on the card, which can be easily forged.” Minister in the Prime Minister’s Department Datuk Seri Dr Shahidan Kassim yesterday blamed UNHCR for issuing cards without consulting the government. He expressed concern over the fake cards and will bring up the issue at today’s cabinet meeting.

Read More : http://www.nst.com.my



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Treatment of Burma Refugees Spotlighted Ahead of Thai Rights Review

Refugees who fled Burma wait for Thai authorities to conduct a census at Mae La refugee camp, near the Thailand-Burma border in Tak province, north of Bangkok, on July 21, 2014. (Photo: Reuters)

Seven international human rights groups on Wednesday urged the Thai government to better protect the rights of refugees, asylum seekers and victims of human trafficking in the Southeast Asian country, which has for years been dogged by criticism for its handling of these populations, including many Burmese.



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A joint statement from the organizations released in Bangkok on Wednesday said the Thai government “should commit to concrete actions to respect, protect, and promote the rights of asylum seekers, refugees, and survivors of human trafficking during its upcoming Universal Periodic Review [UPR] at the United Nations Human Rights Council.”

In May, Thailand will undergo its second Universal Periodic Review—a process in which the UN Human Rights Council reviews the human rights record of member states every four years. The seven groups also published a joint submission for the review on Wednesday, recommending several of these “concrete actions,” including signing the United Nations’ 1951 Refugee Convention, relating to the Status of Refugees and their rights and legal obligations of states.

Thailand’s non-signatory status is frequently cited as one reason that refugees, asylum seekers and human trafficking victims in the country are vulnerable to arbitrary arrest, extortion, torture and forced repatriations to countries where they have often fled persecution. It also lacks domestic legislation protecting the rights of these populations, Wednesday’s statement said, referring to more than 100,000 Burmese refugees who have lived in camps along the Thai-Burma border for more than two decades.



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“Since 2011, Thailand has effectively denied at least tens of thousands of camp-based asylum seekers and refugees from Myanmar access to asylum procedures,” the statement said.

Amy Smith, executive director of the Thailand-based human rights advocacy group Fortify Rights, said in the statement: “Thailand has an opportunity to demonstrate a commitment to human rights and improve its international reputation by ensuring asylum seekers and refugees have access to legal protections.”

“A key to minimizing the abuse, exploitation, and human trafficking of displaced populations in Thailand is recognition and protection,” she added.

Julia Mayerhofer, interim executive director of the Asia Pacific Refugee Rights Network, said in the statement that although the Thai government has made commitments to ending the immigration detention of children, the practice continues, another blight on the country’s human rights record.

“Children should not be detained, and we urge the Thai government to actively explore alternatives to detention in partnership with civil society,” Mayerhofer said.



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The rights groups also accused Thai authorities of implementing a “push-back” policy to asylum seekers who arrive by boats.

In 2015, the plight of asylum seekers from Burma’s Rohingya Muslim minority and economic migrants from Bangladesh gained international media attention after Thai authorities pushed them out to sea, putting them at risk of death.

The other five organizations signing on to the release were Asylum Access; the Human Rights Development Foundation; the Jesuit Refugee Service; the Migrant Working Group; and the People’s Empowerment Foundation.



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