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Today, 20 June 2011, is World Refugee Day.  We call on our fellow Malaysians to take some time to spare a thought for the plight of refugees and asylum seekers in Malaysia.

The issue of refugees and asylum seekers in Malaysia has been highlighted in the media in recent weeks, as a result of the agreement announced by the Prime Ministers of Australia and Malaysia on 7 May 2011.  Under the agreement, the full details of which have not been released yet, Australia will resettle 4,000 refugees currently residing in Malaysia over a period of four years.  These 4,000 will be chosen from nearly 100,000 refugees and asylum seekers who have already been registered by the Office of the United Nations High Commissioner for Refugees (“UNHCR”) in Malaysia.  In return, Malaysia will accept for processing in Malaysia 800 persons who have been intercepted by the Australian authorities as they attempted to reach Australia.

The Malaysian Bar has already made known its grave concerns about this arrangement, primarily because of the lack of any guarantees that the human rights of all refugees and asylum seekers will be honoured pursuant to the 1951 United Nations Convention relating to the Status of Refugees.  There is no assurance that they will enjoy adequate protection and fair treatment of an internationally-acceptable standard.  It also smacks of a trade in refugees and asylum seekers.  There simply cannot be double standards in giving preferential treatment (in terms of financial and other support) to the 800 persons sent by Australia and ignoring the nearly 100,000 already in Malaysia.  Our position has been made known in two press statements, on 9 May 2011 and 3 June 2011.

Malaysia has to urgently tackle the issue of refugees and asylum seekers head-on.  We cannot close our eyes and hope that the problem will go away.  At current resettlement rates, and even if no more refugees and asylum seekers arrive in Malaysia (which is highly unlikely), it will take anywhere between eight to 12 years to resettle the refugees and asylum seekers already living in Malaysia.  For the period that refugees and asylum seekers live in Malaysia, it is our moral duty and humanitarian responsibility to assist them.

It is a selfish society that says to those fleeing from danger and persecution and seeking help at our doorstep that we cannot shelter and feed them until our own people are comfortable and well-fed, we cannot clothe them until our own people are well-dressed, we cannot give them jobs because we already have too many foreign workers in our midst, and we cannot educate their children because that would divert precious resources from our own children.  

Each of these refugees and asylum seekers is somebody’s father or mother, son or daughter.  It cannot be that we are insensitive to their plight simply because they are not our fathers or mothers, our sons or daughters.

Refugees and asylum seekers are not undocumented migrants or foreign workers.  They are people who have genuinely fled their home countries out of a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion.  They have arrived in Malaysia in search of refuge and safety, respite and the chance of resettlement.  The reality is often totally the opposite.

We call on the police, immigration authorities and Ikatan Relawan Rakyat Malaysia (“RELA”) members to stop harassing them and violating their human rights.  This will only happen if Malaysia first regularises their presence in Malaysia by establishing laws that legally recognise refugees and asylum seekers.  They have fled situations of great danger and endured long and perilous journeys only to find themselves terrorised by local law enforcement agencies.  Those who hold cards issued by UNHCR are not supposed to be arrested for immigration-related offences, yet they still are detained.  During detention, they are often subjected to physical and emotional abuse, inhumane treatment and extremely poor living and sanitation conditions.  To avoid this risk, they remain cooped-up in cramped and crowded accommodation for long hours each day. 

After legally recognising their presence in this country, we need to grant them the right to work.  Because we do not legally recognise their presence in Malaysia, refugees and asylum seekers cannot legitimately be employed.  As they search for the means to support themselves and their loved ones, they take up whatever informal work they can find, often at very low pay, in unsafe conditions and without any form of insurance coverage.  Many are victimised and exploited by Malaysian employers who know that refugees and asylum seekers are not able or willing to complain for fear of reprisals from the employer or repercussions from the authorities.  They do the dirty, demeaning and dangerous work that we Malaysians shun.  We enjoy the benefit of their labour but deny them the benefit of the protection that they deserve.

We need to educate the children among them.  Close to 20% of the nearly 100,000 refugees and asylum seekers are of school-going age, but without access to formal education.  Informal classes are conducted by non-governmental and faith-based organisations, but children attending these classes cannot take any recognised examinations and receive internationally-accepted qualifications.  We condemn a whole generation of refugee children to a life without the hope of advancement that education can bring.  We rob children of their childhood. 

On this World Refugee Day 2011, it is long overdue for Malaysia to recognise and respect the rights of refugees and asylum seekers.  We, as citizens, must lobby our governments and lawmakers to bring about nothing short of a transformation of policies and procedures for dealing with refugees.  We also need to change our own thinking and attitude, to differentiate between refugees and asylum seekers and other categories of movements of people, and to appreciate why we should reach out to protect and support them.

 
Lim Chee Wee
President
Malaysian Bar

20 June 2011