Over half of 118 deaths in Malaysian immigration camps from Burma

More than 100 foreigners died in the past two years in Malaysia’s immigration detention centers from various diseases and unknown causes, according to documents from the government-funded National Human Rights Commission reviewed by Reuters.

The toll, which has not been previously disclosed, is based on Malaysian immigration department data provided to the commission, which is known by its Malay acronym Suhakam. There were 83 deaths in 2015, and at least 35 in 2016 up to 20 December.

It is unclear whether the death rate is higher than in neighboring countries. Government officials in Indonesia and Thailand told Reuters they do not disclose such numbers. The rate is higher than in major industrialized nations such as the United States, which in the last financial year recorded 10 deaths in its immigration detention system, which has many more detainees than Malaysia’s.

More than half of the 118 dead are from Burma, the source for tens of thousands of refugees coming to Malaysia, including Rohingya Muslims escaping persecution by Burma’s authorities and its majority Buddhist population. The number of Rohingya fatalities in the camps is unknown.

Malaysian Prime Minister Najib Razak has been a harsh critic of the Burmese government and its de facto leader Aung San Suu Kyi after a crackdown in October by Burma’s security forces led many Rohingya to flee across its borders amid multiple allegations of mass killings and gang rapes by troops. He has called for foreign intervention to stop the “genocide” in Burma.

Najib’s office did not return calls seeking comment

“The numbers are too many and are shocking and it calls for the overhaul of the system,” said Jerald Joseph, one of eight commissioners at Suhakam, which was established by the Malaysian parliament through an act in 1999 and is due to publicly announce the numbers next week in its annual report on human rights issues in Malaysia.

He described conditions at the centers, some of which he has visited, as “appalling” and said the deaths should be investigated as a criminal matter. The illnesses that led to some of the deaths may have been caused or exacerbated by poor sanitation and food, physical abuse and a lack of medical attention, said Joseph, who was speaking on behalf of the commission.

Brutal conditions

Malaysia’s home ministry, which oversees the immigration department, said it was trying to improve the conditions in the centers but that its budget was constrained.

“I agree there is some overcrowding and the conditions are not ideal. We are always trying to improve the procedures, health conditions and management of these sites. The problem is we hit a budget brick wall,” said deputy home minister Nur Jazlan Mohamed in an interview.

He said there wasn’t enough funding to upgrade facilities, provide adequate healthcare and hire and train enforcement officers. Jazlan blamed overcrowding on the “never ending the flow of people seeking better future in Malaysia.”

The living conditions inside the Malaysian camps are grim — overcrowded, unhygienic and brutal— according to interviews with 13 former detainees, and 12 others who have regularly visited the centers, including people from government agencies and rights groups.

Those who had been detained say they did not get adequate food, water or healthcare, that many inmates developed skin and lung infections, and the sick are usually not isolated, leading to the spread of contagious diseases.

All of the detainees interviewed also allege they were beaten by guards at the camps or witnessed others being beaten. One former Rohingya inmate of the Lenggeng camp in the southwestern state of Negeri Sembilan told Reuters in an interview that he witnessed detainees being beaten and then saw them die when the resulting injuries were not treated. “When we asked for medicines, we were beaten,” he said.

Reuters could not independently verify his account or the similar accusations made by other detainees. They all declined to be identified for fear of reprisals.

Asked about the claims of beatings, Jazlan said he needs more evidence to establish if it was prevalent. “I hope critics won’t rely on detainees’ testimony and come up with proper evidence,” he said.

Detainees from Burma fared worse

Of the 118 people recorded as dying in 2015-16, 63 were from Burma, and people from that country have fared worse than those from elsewhere, the documents from Suhakam and data from the Malaysian government’s Enforcement Agency Integrity Commission (EAIC) show.

During 2016, for example, there were 14,180 Burmese nationals detained and at least 14 of them died, while there were only five fatalities among 34,586 Indonesian inmates. The documents and data don’t explain this discrepancy and Reuters was unable to independently confirm the reason for it.

People from Burma, including Rohingya Muslims, tend to stay in the detention centers longer as they try to persuade the United Nations High Commissioner for Refugees (UNHCR) to issue them with identification cards that allow them to stay in Malaysia temporarily, rights groups and former detainees said. People from other countries are often undocumented migrant workers who are deported home relatively quickly.

Malaysia, which has not signed the UN Refugee Convention, treats refugees as illegal migrants with few rights.

Asked about the deaths of Burmese nationals in Malaysian detention centers, Zaw Htay, who is the spokesman for Burma’s state counselor, Suu Kyi, said that “we haven’t heard about these cases.” He also said that “a lot of Bengali people in Malaysia say they come from Myanmar to get UNHCR cards.”

“Bengali” is a derogatory term used by many in Burma to refer to the Rohingya that suggests they come from Bangladesh, even though many Rohingya have lived in the country for generations.

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Lung infections

The documents reviewed by Reuters give causes of death for 68 detainees. Pneumonia and lung infections led to 19 deaths, at least 10 were the result of various heart-related conditions, and five died from the bacterial disease leptospirosis, which is often spread through the urine of infected animals, including rodents.

Sepsis, or septic shock, a condition usually triggered by other illnesses, claimed 21 victims, including some who were suffering from pneumonia or leptospirosis, various forms of tuberculosis led to three deaths, and one Filipino woman committed suicide.

The 13 detention centers in Malaysia held a total 86,795 detainees for various periods during 2016, according to the EAIC.

Malaysia isn’t the only country in Southeast Asia that has faced criticism for the conditions in its prisons.

In its human rights report for 2016, the US State Department said Indonesian and Thai facilities, including those used to detain immigrants, are overcrowded. It said government figures showed that 548 prisoners died “in custody” in Indonesia between January and June of 2016, and 762 died in “official custody” in Thailand in the year to September 2016. However, there was no breakdown between those who died in ordinary jails and those who died in other forms of incarceration, such as immigration detention facilities.

No cause was given for 50 deaths in Malaysia. They are classified in the documents as “no report” or “pending autopsy” or “undetermined” or “awaiting the report from hospital” or “unascertained.” One center in Kuala Lumpur had 13 deaths in 2016, but no reasons were stated for any of them.

When asked about the lack of reasons given for so many deaths, Jazlan said he will look into it.

The documents do not specify the reasons for the lower death rate in 2016, though a Reuters analysis of them and related data shows that there was a 27 percent drop in the number of people detained at the end of 2016 from a year earlier.

Myanmar begins repatriation of 2,000 migrants from Malaysia

KUALA LUMPUR, Aug 10 ― Beginning this week, the Myanmar government will be beginning the process of taking home some 2,000 of its people who have been detained for months in Malaysia, Myanmar Times reported today.

The whole process could take up to a month with at least 10 chartered flights, each carrying 130 migrants on board, according to the report.

“We have plans go through this repatriation process more than 10 times, chartering flights with more than 130 on board each time,” Myanmar’s labour and immigration ministry permanent secretary U Myo Aung was quoted saying.

Migrant workers from Myanmar were detained by Malaysian authorities, reportedly for various offences, including expiration of their visas.

However, the newspaper also reported criticisms against the Myanmar embassy for allegedly taking too long to approve visa extensions for the migrant workers, which led to their detention by authorities here. As such, they were unable to return even after their citizenship had been confirmed.

The Myanmar official was also reported saying its government planned to help the workers secure jobs after repatriation, though it was unclear if it would be in Myanmar or elsewhere.

The repatriation process is being funded by private donors such as MAI Airlines and KBZ Brighter Future Myanmar Foundation.

The process was supposed to start in July, but was cancelled due to lack of funding.

Last year, tens of thousands of Myanmar and Bangladesh nationals were left stranded at sea by human traffickers in Southeast Asian waters. More than 1,000 of them landed in Malaysia’s northwestern island of Langkawi.

The subsequent investigation into the human trafficking syndicate led to discovery of 139 sites mass graves at the north of Malaysia, near the Thailand border, where Myanmar refugees, mostly from the minority Muslim Rohingya community, were believed to have been held

http://www.themalaymailonline.com

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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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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Battling UNHCR card fraud

KUALA LUMPUR: Even as the country grapples with the problem of illegal foreigners, it faces another headache in the form of illegal immigrants hiding behind fake United Nations High Commissioner for Refugees cards. Authorities tasked with looking into this problem said not only were they unable to determine the number of those carrying fake UNHCR cards sold by syndicates as an “all-powerful” document, but they also believed the number was much higher than that issued by the office. The problem was worse for authorities working round-the-clock on the ground to smoke out illegal immigrants, now numbering more than two million, for if they nabbed immigrants without valid papers save for the UNHCR cards, they had difficulties verifying the authenticity of the cards.


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There are about 156,000 holders of the card, issued by the Malaysian chapter of the UN body. Federal police Special Branch director Datuk Seri Mohamad Fuzi Harun told the New Straits Times that it went beyond immigrants seeking refuge or economic gains. He said the poorly controlled issuance of the card in the country had put Malaysia at great risk of being infiltrated by, among others, human traffickers, criminals and syndicates, who would enter the country illegally and seek refugee status here. “The syndicates selling the UNHCR card are making a lot of money.

 The problem has become so rampant that it is almost impossible to go after those who have it in their possession. “If this continues, we are going to see not only an increase in social problems, but also a spike in serious crimes in this country. “UNHCR’s number on registered refugees here does not appear to be too high, but when you assess the situation on the ground, the numbers are more than what was declared. “This is the problem that we are facing,” he said adding that police were also up against syndicates running lucrative fake UNHCR card businesses. Fuzi said, on their part, the police had lodged reports about fake UNHCR cards to the commission so it could take action to plug the weaknesses that had led to the abuse of the system.


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 Deputy Inspector-General of Police Datuk Seri Noor Rashid Ibrahim told the NST that syndicates targeting migrants without valid papers were encouraging illegal entries with the promise of forged documents and fake cards, which they promised would shield them from the country’s laws. “These syndicates are basically promoting Malaysia as a safe haven to illegals. “We are working on several leads and, in the process, we are also checking with UNHCR to verify whether their personnel are involved with the syndicates. “We are looking at all possibilities in arresting this problem,” he said. Deputy Home Minister Datuk Nur Jazlan Mohamed said the problem was becoming serious, now that the authorities had been reminded against trusting the authenticity of UNHCR cards when the documents were shown to them by migrants. 

He said the authorities had reason to believe that those holding fake cards outnumbered genuine cardholders. “We cannot trust the number provided by UNHCR because we know there are many illegal immigrants using fake cards. “We are also not able to determine if UNHCR has been handing out the cards to refugees in the first place. “Many are taking advantage of the existence of the card.



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The authorities are grappling to trace the more than two million illegals in the country. Where are they staying?” he said, adding that UNHCR was playing a surrogate role in the country to register refugees who had found their way here and to relocate them to a third country within three months. Jazlan carried out a surprise check on illegal immigrants at a shopping mall in Petaling Jaya, Selangor, last week. His visit was followed by a raid by the Immigration Department, where it picked up several foreigners using fake UNHCR cards.

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

Thai Actress: ‘The Cause of Refugees Deserves Wider Attention’

Thai actress and model Priya “Pu” Suandokmai talks with refugees from Burma on the Thai border. (Photo: UNHCR)

Well-known Thai actress and model Priya “Pu” Suandokmai has joined a United Nations High Commissioner for Refugees (UNHCR) fundraising project that highlights the plight of Burma’s displaced in Thailand. The campaign, called “Namjai (Generosity) for Refugees,” aims to assist over 100,000 Burmese refugees currently living in nine camps on the Thai-Burma border. The Irrawaddy’s Saw Yan Naing interviewed Pu about her interest in refugee issues and how she became involved in the UNHCR’s project in Thailand.



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What made you want to join the UNHCR’s ‘Namjai for Refugees’ campaign?

I have known the UNHCR for two years now. It started when I read the news about refugees’ situation globally. I felt a lot of compassion for them—I only wish to help them better their lives. The traumatic experiences they have faced are incredibly sad, and as humans we need to help one another. That’s why I Googled organizations that were taking care of refugees and the UNHCR came up, so I decided to email them.

Since then, I have joined UNHCR activities like charity fashion shows and a campaign promoting [awareness of] refugee children with disabilities. So when they proposed a new initiative to raise funds for refugees from Myanmar living in Thailand, I had no hesitation about joining the campaign.

Thai actress and model Priya “Pu” Suandokmai visits a refugee family from Burma in the Mae La camp on the Thai-Burma border. (Photo: UNHCR)

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What is your role in the ‘Namjai for Refugees’ campaign?

Eight celebrities team up into four groups to use their talent to create artwork that will raise funds for refugees in Thailand. I asked my friend Sanshai—a designer extraordinaire—to be on my team and to design a special T-shirt that would [bring attention to] the voices of refugee women. Sanshai and I help promote the campaign through our networks and fans so that the UNHCR can receive enough funding to support refugees. When the campaign ends, we will showcase our design work and hopefully give out this special T-shirt as a token of appreciation to donors who supported our team.

How did you become interested in the plight of refugees?

Last year, I was following the news of refugees and that’s when I decided to personally contact the UNHCR. I was deeply saddened—I could no longer not take action. I feel that [because of] my position, I have the ability to make changes in the world and that is an incredible thing. I have lived a very privileged life and I have more than enough time and effort to share toward bettering [others’] lives.

What motivates you to visit Burmese refugees on the Thai border and learn about their lives?

I have always read about the refugee camps in the north of Thailand and it was an honor to have the opportunity to visit Mae La camp and meet the families there. I met the kindest people who have been through the most traumatic experiences, but have pushed through and shown bravery, strength and gratitude. After my visit, I had a better understanding of what they need and how we can help them. This was an unforgettable experience that keeps me motivated to advocate for their rights.



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How did you feel after learning specifically about the challenges facing refugee women and children?

Despite the persecution and trauma that some of these people went through, they have shown me nothing but kindness and gratitude. I have been helping the UNHCR raise funds to help a boy called Johnity. Meeting him personally and seeing him improve through rehabilitation has been so heart-warming. I feel that everyone, regardless of race, ethnicity or religion, should be entitled to human rights. Learning about the lives of the refugees has motivated me to continue my work with them.

How do you believe that your popularity can improve understanding of refugee issues among Thai audiences?

As public figures, we have the ability to make our voices and opinions heard in order to make the changes we wish to see in society. I feel if I can use my voice to make the voices of refugees heard, then together we can raise awareness. I believe people are compassionate, but sometimes what they need is more understanding.

There are still ongoing wars in northern and eastern Burma that have recently displaced thousands more refugees. What would you like to say to the parties that wage war in Burma and cause people to flee their homes? 

I’d like to talk about conflict in general. I have learned from the UNHCR that the number of refugees and people forced to flee from their homes has reached 60 million [globally], which is the highest since World War II. This is alarming and shows how urgently we need to find peace and the political will to end conflict and war. The recent development in Myanmar is promising. I hope that peaceful solutions can be found in the near future.



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What are your plans for future advocacy projects?

My plan is to continue advocating for refugees’ rights both in Thailand and around the world. By engaging with the UNHCR, I realize the tremendous task this organization has to undertake. I am committed to using my reputation to make a difference in the lives of refugees through fundraising, advocacy and public relations. The cause of refugees deserves wider attention from global citizens.

Bengali Muslims posing as Rohingyas to obtain UNHCR card

An April 10, 2015 file photo of a group of ethnic Rohingya that came to Kedah illegally in hoping to seek refugee status. Bengali Muslims from Bangladesh are now trying a similar stunt by posing as Rohingyas to obtain UNHCR cards. - BERNAMApic

ALOR SETAR: More than 3,000 Bengali Muslims from Bangladesh are said to have posed as Rohingya refugees to obtain United Nations High Commissioner for Refugees (UNHCR) cards in the past 10 years.



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According to Kedah Rohingya Society in Malaysia (RSM) chairman, Mohd Noor Abu Bakar, members of the ethnic group which lives in the neighbouring province of Chittagong in Bangladesh at the border with Myanmar have similar facial and complexion features as well as an almost similar language with ethnic Rohingyas to obtain the UNHCR card.

For the purpose (of getting the card), he claimed that the Bengali Muslims were also trained to use the Rohingya accent and were prepared for questions by UNHCR interviewers.



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They claimed they came from Maungdaw, a Rohingya area in Rakhine, Myanmar, he said.

The UNHCR card is said to be good to seek employment in Malaysia which is considered a gold mine for its stable policies and ample employment opportunities.

"They entered Rakhine and later joined Rohingyas to take boats to Malaysia.

They are not refugees," he said in an interview with Bernama yesterday.

Meanwhile, Universiti Utara Malaysia (UUM) International Studies Centre senior lecturer Associate Prof Dr Mohd Azizuddin Mohd Sani said if the allegation was true, the Rohingya Association should take immediate action to assist UNHCR identify the real Rohingyas.



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"They (Rohingya Association) should sit down with UNHCR on the matter as they know the Rohingya better," he said, adding that this was because the policy of Malaysia in accepting refugees was not a matter which could be abused as it was based on humanitarian grounds.

"Otherwise Malaysia should not open its doors to refugees taking advantage of the situation. We do not want them to bring their country's problems here," he added.



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Malaysian police nab 2 Myanmar men in mass graves case

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Police team chief says suspects found during search for 6 other foreigners in relation to human trafficking camps along Thai border

By P Prem Kumar

KUALA LUMPUR – Malaysian police have detained two Myanmar nationals during a search for six other foreigners wanted in relation to mass graves of human trafficking victims found along the border with Thailand last year.

The chief of a special police team investigating the case told Anadolu Agency Wednesday that the two men, both in their 30s, were found at an immigration detention center as they had been deemed victims of human trafficking.

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They were, however, named by other victims during a suspect identification process last week, Goh Kok Liang said by phone.

“They were kept at the immigration detention center as illegal immigrants, only until they were named as prime suspects involved in the mass graves,” he said.

“They are not the traffickers but should have plenty of knowledge on the actual criminals. I cannot say more because we are yet to record a statement and this is a highly secretive case,” he added.

Police are still searching for the other six suspects, included among whom are Myanmar and Thai nationals.

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“We are getting arrest warrants for the six suspects so that once we locate them, we can remand them,” Liang said.

“They are also involved in a small way in the human trafficking syndicate.”

In May last year, 159 gravesites – some holding more than one body – were found at 28 human trafficking camps in the northern Malaysian towns of Padang Besar and Wang Kelian near the Thai border.

The discovery came after more than 30 corpses were found in jungle camps in southern Thailand.

According to Malaysian authorities, the camps on the Malay side of the Thai border had become a safe haven to temporarily house the migrants – many of them Muslim Rohingya who have been fleeing Myanmar in droves since 2012 – while Thai authorities carried out their operation on the other side.

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The crackdown by Thai authorities on the camps had also scared traffickers into abandoning their human cargo at sea.

Following a tri-nation conference on the crisis May 20, Indonesia and Malaysia announced they would take those they considered to be refugees – predominantly Rohingya – in for one year before the international community finds homes for them, while those classified as economic migrants – predominantly Bangladeshi – would be repatriated.

Since the discovery, Thai police have charged at least 88 people – including a general – with human trafficking while Malaysia detained 47 people – including four police officials – as of November.

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Why jobs, education only for Syrian refugees? Rights groups ask Putrajaya

Sumitra said Malaysia has a humanitarian obligation to protect and to care for refugees. — Reuters pic

KUALA LUMPUR, Jan 7 ― Local human rights groups are questioning Putrajaya's plans for the 3,000 Syrian refugees headed to Malaysia, noting that while this group will get shelter, employment opportunities and even education, over 150,000 others from different nationalities continue to struggle here without legal protection.

Women’s Aid Organisation (WAO) executive director Sumitra Visvanathan, who has 16 years of experience with the United Nations Refugee Agency (UNHCR), said Malaysia should offer the same deal to refugees already residing here.

“If Malaysia only accords legal protection to these 3,000, then it would beg the question, why this group and not others?” Sumitra told Malay Mail Online.



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“Why not the Iraqis? Why not the Palestinians? Why not the Rohingyas? Why not the tens of thousands of refugees who have been living in Malaysia in forced displacement, sometimes for decades, struggling to survive without any form of legal protection?

“Can we say that these 3,000 Syrians are more in need of protection than the Palestinians currently residing illegally in Malaysia? We certainly can't. So why then aren't we protecting them all?” she added.

At the recent UN General Assembly, Prime Minister Datuk Seri Najib Razak announced that Malaysia would accept 3,000 Syrian refugees to help with the migration crisis amid the civil war in Syria that has forced millions to flee to Europe and other countries.

In October, his deputy Datuk Seri Dr Ahmad Zahid Hamidi was reported in national news agency Bernama as saying that the federal government would provide temporary shelter and jobs for the Syrians that will enter Malaysia in stages over the next three years.

It was reported that these refugees will also get education opportunities for their children, and remain in Malaysia until they are able to return to their home country when the civil war is over.

The first batch of the 3,000 reportedly arrived in Malaysia last month comprising two families of eight.

Sumitra said Malaysia has a humanitarian obligation to protect and to care for refugees, noting that there are migrants who do dangerous, dirty and dull jobs in Malaysia and are at high risk of facing abusive labour conditions.



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“For as long as we do not accord these individuals any legal status in Malaysia, they will have no access to labour protection under the law.

"The result is that we will never be able to eradicate forced labour and trafficking,” she said.

Dr Sharuna Verghis, director at refugee NGO Health Equity Initiatives, welcomed the government’s move to take in the 3,000 Syrian refugees, but said it posed a conundrum for Malaysia.

Like Sumitra, she noted that Malaysia is already home to some 150,000 refugees, all of whom have been struggling with legal issues.

“What about the 150,000 or more refugees already in the country who lack formal rights to work, education and struggle to access health care? What about other Syrian refugees already in the country?” Sharuna told Malay Mail Online.

“We hope that the move to bring in Syrian refugees will strengthen Malaysia's commitment to share responsibility for the humanitarian crises around us and recognise other refugees in the country,” she added.

Sharuna urged Malaysia to ratify the UN Refugee Convention and to allow refugees to work.

“By allowing them to work, refugees can officially contribute to the development of the country, pay taxes, pay their bills and sustain themselves,” she said.

The Migration Working Group (MWG), which is a network of civil society groups and people who advocate for the rights of refugees and migrants, said Putrajaya’s decision to classify the 3,000 Syrian refugees as migrants seemed to be a “work around” the system, as opposed to a comprehensive policy on the refugee situation in Malaysia.

“An important difference between migrant workers and refugees is that the latter cannot be returned home because their life or liberty is threatened. Until things change in Syria, they need to be protected and given an opportunity to start a new life in Malaysia, and this means giving them the right to work, to have education, and to have health care,” MWG coordinators Jessica Low and Alice Nah told Malay Mail Online.

Asylum Access Malaysia director Deepa Nambiar said the 3,000 Syrians should be considered asylum-seekers and not migrants, pending the determination of their refugee status with UNHCR.



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“The right to seek asylum is a fundamental human right and is recognised in Article 14 of the Universal Declaration of Human Rights and Article 16 of the Asean Human Rights Declaration, both of which Malaysia is a member,” Deepa told Malay Mail Online.

According to the UNHCR, there are over 153,000 refugees and asylum-seekers registered with the UN agency in Malaysia as of the end of September 2015.

The majority are from Myanmar, with most comprising the Rohingya, while the rest are from Sri Lanka, Pakistan, Somalia, Syria, Iraq, Iran and Palestine, among others.

http://www.themalaymailonline.com

Why are some refugees more equal than others?

A few weeks ago on the night of Maal Hijrah, the Immigration Department raided a village in Bagan Dalam, mainland Penang and rounded up about 80 "illegal immigrants". Sixty of them were refugees and asylum seekers which included women and children. A majority of refugees living in this community were Rohingya Muslims who, as we know, are regarded as the most persecuted and most vulnerable communities in the world.

Just last month, the government surprised the entire nation by saying that our country would "open its doors to 3,000 Syrian migrants over the next three years to help alleviate the refugee crisis".

Prime Minister Datuk Seri Najib Razak said this at the 70th session of the United Nations General Assembly:

“This is why Malaysia has taken, over the years, many people fleeing war, starvation and persecution. We currently have hundreds of thousands of irregular migrants, and we took in earlier this year when there was a dire humanitarian situation in the Andaman Sea.”

However, the refugee crisis that occurred several months prior to the UN General Assembly, painted a very different story. News broke out of how thousands of Rohingya refugees who had sailed for months in dingy little boats were turned away and pushed back out to sea by governments from the surrounding region. This contentious move was seen as unjust, cruel and contradicted democratic principles on which our nation was founded.

The recent raid in Bagan Dalam simply verifies the insincerity of tackling the refugee crisis in a more humane manner. It is time for the government to seriously look into ratifying the 1951 Convention relating to the Status of Refugees which is an important piece of legal document that defines a refugee, their rights and the legal obligations of states.

Accordingly, the term "refugees" applies to any person who "owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or owing to such fear, is unwilling to avail himself of the protection of that country; or who not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it."

The sad reality is that as a nation, we appear to be tip toeing until something “gives” or worst yet, ignoring the gravity of the refugee crisis in our homeland altogether.

In the quest to seek safer pastures, thousands of refugees risk their lives as they embark on hazardous journeys on rickety boats to seek refuge in neighbouring countries. Surely they deserve better than the current treatment to which they are subjected.

The discrimination and inequality faced by the Rohingya Muslims paints a very bleak picture for the Asean community – it also unravels hidden xenophobia and candidly shows how we treat one another based on the colour of our skin.

According to UNHCR, currently the number of refugees and asylum seekers in Malaysia is about 270,621 – these numbers also include stateless persons and there are about 50 million refugees worldwide.

One cannot deny that there is a need to create a mechanism that can allow UNHCR to speed up the process of documenting the thousands of refugees who are currently on Malaysian soil. There is an absolute urgency to tackle this issue with earnest for fear that this crisis may one day become beyond intractable.

The government can no longer stay mum on this issue and must be held accountable. Walk the talk and provide relief and rehabilitation to displaced persons regardless of where they come from. – October 30, 2015.

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

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

Human traffickers explore new routes to Malaysia after Thai crackdown, say aid groups

Rohingya and Bangladeshi refugees are transported to a navy boat where they will be taken to mainland Malaysia, after they landed at Pantai Pasir Berdengung beach in Langkawi, Kedah, May 15, 2015. — Reuters pic

BANGKOK, Oct 21 — People smugglers are exploring new routes to Malaysia after a crackdown on trafficking in Thailand with no large migrant boat departures from Myanmar and Bangladesh in nearly six months, aid agencies said.

Rising numbers of Rohingya Muslims fleeing persecution were setting off from Myanmar’s northern Rakhine state and Bangladesh in small boats and transferring to larger boats that could carry more than 1,000 people each.

But a Thai crackdown on human traffickers in May halted journeys by large smuggling boats across the Bay of Bengal to Thailand and Malaysia with activists only hearing unconfirmed rumours of a few small boats.

Aid agencies, however, fear the halt in sea crossings does not indicate an end to people trafficking but means smuggling gangs are exploring new routes.

“We don’t see new ones, but we know different routes are being studied so they don’t have to be moved by boat,” said Chris Lewa, founder of the Arakan Project, a rights project focusing on the Rohingya.

“Some boats may leave, but there is definitely a strong impact of the Thai crackdown ... The kind of movement and recruitment happening last year is not happening this year. It’s a lot more clandestine.”

Lewa said new routes could be by air or overland and aid workers were now monitoring the area to identify the shift.

The United Nations refugee agency (UNHCR) had warned that “the number of people leaving on smugglers’ boats in the Bay of Bengal has increased in recent years, and that trend is likely to continue unless the root causes are addressed”.

Halt in boat departures

Throughout 2013 and 2014, activists tallied at least 1,000 people — and often several thousand — leaving each month from Rakhine state andBangladesh.

The number peaked a year ago this month at more than 13,000 people, but stopped in May amid a boat crisis and the Thai crackdown.

“There have been zero since May,” said Jeff Labovitz, who heads the regional office of the International Organisation for Migration. “There has been a fundamental change. There are no more big boats sailing.”

But aid workers say the demand is still there.

The persecution of the stateless Rohingya in Myanmar has worsened this year and elections next month may bring in a new, hardline Buddhist partywhich may treat them still more harshly.

Communal clashes in 2012 in Rakhine state forced 140,000 Rohingya from their homes, and many are virtual prisoners in camps or in segregated villages, subject to restrictions on travel and, in some areas, access to healthcare and education.

In February the Rohingya were granted temporary “white card” identification cards so they could take part in the November 8 election, but after Buddhist protests the government revoked the cards, effectively denying Rohingya the right to vote.

“They are politically disenfranchised. The situation in Rakhine is worse than a year ago,” Lewa said. “The push factor is stronger than last year, but the open door to Thailand now seems to be closed.”

The Thai coast — not far from popular tourist areas — was a disembarkation point for many Rohingya smuggled by boat. They were then taken further south and over a porous border into Malaysia.

However, traffickers began diverting migrants to secret camps near the Thai-Malaysia border, holding them for ransom and killing and torturing those whose families could not pay up. Others died of disease and neglect.

After the discovery in May of dozens of graves on the Thai-Malaysia border, smugglers abandoned thousands of migrants at sea to avoid being caught by Thai and Malaysian investigators.

Julia Mayerhofer, interim executive director of the Asia Pacific Refugee Rights Network (APRRN), said the root cause of discontent was still there in Myanmar.

Amnesty International, which released a report today about the region’s trafficking crisis, pressed Myanmar to stop violence against the Rohingya by state security forces, and to amend its laws to grant the Rohingya citizenship.

“People are still desperate to leave. If you block one way, people will find another way, and that might be more dangerous and more risky for the people,” Mayerhofer said. — Reuters

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

NGOs query Immigration round-up of refugees

Suresh Kashuerin | October 14, 2015

Those picked up, including women and children, were herded into lorries and taken away.

GEORGE TOWN: A coalition of migrant rights NGOs in Penang has condemned the rounding up of some 80 people, including 60 refugees and asylum seekers, in an operation by the Immigration Department in Bagan Dalam on Tuesday night.

The Coalition, Penang Stop Human Trafficking Campaign (PSHTC), said those picked up, including women and children, were herded into lorries and taken away.

“It is unclear how mounting major raids on already vulnerable families and individuals, including detaining and incarcerating young children, represents our common humanity,” said PSHTC in a statement.

“The 150,000-plus registered refugees and asylum seekers already here have long had no rights (not even the right to work), and are horribly vulnerable to arrest, extortion, detention, deportation or worse,” the Coalition added.

PSHTC said Rohingya and other Burmese Muslims have found a home in Bagan Dalam, albeit unprotected, and have been living there for some 20 years or more. It said families live together, interspersed with the local community, and some of the children were born in Malaysia. “These are the Rohingya who fled the horrors taking place in the Arakan state of Myanmar, or others from Myanmar fleeing intolerable abuses, persecution and threats to their lives.”

PSHTC said these refugees have survived a journey that for many included time in the horror camps of Thailand and Malaysia, but were now registered with the UNHCR as refugees.

“However, many have not got a UNHCR Refugee Card yet, since the process of verification is a long one,” said PSHTC. “While waiting for the card, these people are described as ‘asylum seekers’, but for the police, immigration and other authorities, this so often seems to count for nothing.”

PSHTC said refugees, asylum seekers and migrant workers desperately need Malaysia’s support, and the government needs to respect, enshrine and enforce basic rights, including their right to work. These women, men and children need to be given some protection against the unscrupulous (including human traffickers), the Coalition added.

“Instead, we stand aside while thousands in our community live precarious lives, always at the mercy of the authorities and others, never secure, always on the edge of harassment and extortion, and in fear of arrest, detention and deportation,” said the Coalition.

“Clearly, if we are to give substance to our prime minister’s promise to the world, we need to transform our thinking, transform our reactions and transform our responses so that we really do embrace every woman, man and child who is here as fellow human beings, our brothers and sisters and part of the global family. We cannot simply ‘pass on by’.”

Myanmar’s Refugee Problem: It’s Not Just the Rohingya

It’s Not Just the Rohingya, Other ethnic groups from Myanmar are facing an increasingly difficult situation too.

By Kirsten McConnachie

October 14, 2015

This article is part of “Southeast Asia: Refugees in Crisis,” an ongoing series by The Diplomat for summer and fall 2015 featuring exclusive articles from scholars and practitioners tackling Southeast Asia’s ongoing refugee crisis. All articles in the series can be found here.

This summer’s boat abandonments made the world aware of the plight faced by the Rohingya. This was important and overdue recognition of a desperate situation. However, the Rohingya are not Myanmar’s only refugees. Other ethnic groups from Myanmar are facing an increasingly difficult situation, trapped in exile by a continuing fear of persecution but finding their supporters and sources of protection slipping away. What will the future hold for them, and what must be done to make return a real possibility?

During decades of militarization in Myanmar, millions of people left the country illegally in search of security and a better life elsewhere. The vast majority became undocumented migrant workers in Thailand, Malaysia and beyond. A much smaller population is registered as refugees with the UNHCR: around 130,000 people in camps in Thailand, around 150,000 in Malaysia and more than 10,000 in India. To varying degrees, these people rely on international aid and assistance to support their lives in exile. Refugees in camps in Thailand are forbidden to leave the camp and are entirely dependent on external aid for food, shelter and other necessities of survival. In India and Malaysia, refugees are not confined to camps and can find (informal) employment to survive, but they continue to depend on the UNHCR and other organizations for protection and other assistance.

Currently, refugees in these countries find themselves in a perplexing situation. After decades in which the international community was united in condemning Myanmar, the political climate has shifted. Myanmar is no longer an international pariah but is seen as a country in transition, a country whose former rulers have freely divested themselves of power in favor of a path to democracy and equality. This perception has had important consequences for refugees outside the country who have become an inconvenient truth rendered invisible by the good news story of transition and transformation. One indication of this is the disappearance of funding for refugee programming. In Thailand, The Border Consortium is operating with a large funding shortfall and struggling to attract donor support. My own interviews with refugees in India and Malaysia have found a similar theme: “We used to receive funding from Australia/Norway/Prague but now it has stopped,” one said. “I used to be an interpreter with an NGO but now they have reduced their Burmese staff,” another noted.

Myanmar’s refugees also seem to be viewed with a more critical eye than previously. In Thailand, the government has made it plain that repatriation of refugees will be a priority if Myanmar’s elections in November are deemed to be successful. In Malaysia (another country with deepening economic interests with Myanmar) pressure is similarly building, with refugees repeatedly told by both national officials and international agency staff that Myanmar has transformed and they should return home. Across countries there appears to be a growing sense – bordering on suspicion – that many of Myanmar’s exiles are no longer “real” refugees but opportunists making demands on a system of international protection that they no longer require.

The fundamental question is: has Myanmar really changed? Most, if not all, refugees would say no. They have little trust in Myanmar’s government, none at all in its military – and fail to see any meaningful separation between the two. Even the most optimistic Myanmar analysts recognize that pockets of the country remain deeply problematic: the worsening persecution of Rohingya and Myanmar Muslims, the ongoing conflict in Kachin and Shan states, the brutal assault on the Kokang. To recognize this and remain confident that refugees can return requires dividing Myanmar into its constituent parts to determine that a fear of persecution continues to exist in Rakhine State but not in Chin State; in Kachin State but not in Karenni State. Of course, it is certainly feasible that one region of a country is safe for refugee repatriation while another is not. Myanmar may seem like just such a country, given its division of territory by ethnic group. However, it is also a country where a single regime has dominated the nation – and, more importantly, where a single sensibility has dominated governance.

For the past fifty years, under successive military juntas, Myanmar has followed a strategic project of Burmanization, i.e. the promotion of a single religion (Buddhism), language (Burmese) and culture (Burman). At its mildest, this is a policy of cultural assimilation. At its worst, it has verged on – and arguably pursued – ethnic cleansing. Ceasefires with ethnic armed groups have reduced military activity and human rights violations in several ethnic states. But the treatment of Rohingya shows the continued potency of Burmese nationalism, and highlights that Myanmar is no rainbow democracy but a country with deep-seated racism and discrimination that is entrenched in existing law and pursued through new laws.

Viewed in that light, it is much clearer to see why many refugees of the non-Burman ethnic nationalities continue to feel a risk of persecution on return. Depending on the outcome of November’s election, it is possible that more people will be willing to venture back home. The coming months therefore have the potential to be crucial in building confidence in Myanmar’s political future and in the future for returnees. Here, there is an important link with the peace process between the Myanmar government and the ethnic armed groups.

To date, the peace talks have been almost totally silent on the issue of displacement, though refugees and IDPs are overwhelmingly from the non-Burman ethnic groups and their future choices will certainly be shaped by the outcome of that process. It is an immensely complex peace process, both with respect to the number of participants (sixteen ethnic armed groups attempting to negotiate in unison through the NCCT) and the portfolio of issues to be addressed: constitutional reform; federalism; political structures and institutions of governance; control over natural resources; military reform; electoral reform and many more.

Addressing displacement has not yet been a priority but the peace process is vital for successful refugee return, both to convince refugees that the political environment has truly changed and to remove existing barriers to return. It must also be recognized that a successful return process has important implications for the peace process. If Myanmar is truly moving towards democracy, returning refugees can help embed that process and contribute to developing the country. But a poorly managed return process could lead to disputes over jobs, land and housing and ultimately create new problems of crime and political instability.

After some months of apparent deadlock, the peace negotiations have seen dramatic developments, with a split in the NCCT negotiation bloc and the signing of a ceasefire by eight ethnic armed groups, including the KNU. These signings are controversial – even within their own parties – and the failure of the “nationwide ceasefire” process to reach a truly nationwide agreement hints at some of the changes and challenges that lie ahead. Hopefully, possibilities for progress will be clearer after next month’s election.

At that stage, it will be essential to move beyond rhetoric. For peace-building to succeed, Myanmar’s ethnic nationalities need evidence of convincing, enduring change: a commitment to political autonomy in ethnic states, demilitarization of ethnic areas; investment in development and infrastructure; legal reforms to ensure an end to discrimination on grounds of ethnicity and religion. For return to succeed, Myanmar’s refugees need concrete guarantees: of security on return, of a restoration of identity documentation and citizenship status; of practical support to ensure future livelihoods. If these areas are addressed, it is likely that people will return gladly. Until these areas are addressed, many will remain trapped in a climate of dwindling protection.

Dr Kirsten McConnachie is Assistant Professor in law at the University of Warwick. Formerly a research fellow at the University of Oxford, she is the author of “Governing Refugees” (Routledge 2014) an analysis of camp governance and the administration of justice in refugee camps on the Thai-Myanmar border.

-http://thediplomat.com