Australian Refugee Rights Alliance No Compromise on Human Rights Draft Discussion Summary Paper Refugees in Malaysia A Forgotten Population 2007 Comments Invited Author: Sern-Li Lim Contact : Eileen Pittaway Centre for Refugee Research centrefre@unsw.edu.au
FORGOTTEN POPULATIONS: MALAYSIA Estimate total number Refugees and Asylum Seekers 07: 155,700 Total persons registered with UNHCR 05: 44,531 (24% women, 16% children) Acehnese (Indonesian): 19,523 (2,066 Children) Rohingya Muslim (North Rakhine, Myanmar): 11,277 (3,096 Children) Burmese (Myanmar): 11,198 (4,726 Children) Filipino Muslims: 61,314 Other: 2,533 (353 Children) End of 07: estimated additional asylum seekers 11,000, total UNHCR population of concern: 111,000 The situation Malaysia is neither a signatory to the 1951 Refugee Convention (including its protocol) nor to the International Covenant on Civil and Political Rights. It does not have any mechanism for adjudicating asylum claims but over the years, has successfully attracted tens and thousands of refugees from all over the volatile South East Asian region. It currently hosts the second largest UNHCR RSD (Refugee Status Determination) operation in the world, after Kenya. Currently, an estimate puts the current refugee population in Malaysia at 155,700 persons, many of whom are escapees of strife and persecution from Myanmar, the Philippines and Indonesia. Refugees who escape persecution to Malaysia become naturally disadvantaged by virtue of the country s inadequate immigration and refugee mechanisms. Refugees are automatically labelled as illegal migrants and are subjected to the following Arrest without warrant by police Indefinite detention without judicial scrutiny Fines of up to 10,000 ringgit (3,000 USD) Jail terms of up to 5 years Corporal punishment 6 canes strokes across the buttocks or back Malaysia is an endorsee of the Universal Declaration of Human Rights and has proudly reaffirmed its commitment to it on numerous occasions. However, in practice, upholding of its principles only occur when issues are in no contention with the country s Federal Constitution. As such, refugees are unable to claim rights obligated to them if they are not recognized as refugees in the first place. Treatment of refugees is far from respectful, as cases upon cases of abuse, sexual abuse, assault, thievery, harassment, arbitrary interrogations, and the denial of medical assistance by the establishment in urban and rural environments are frequently reported. The refugees live in squalid conditions in a country which prides itself on economic prosperity (often 2
overcrowding in rented flats or in rural jungle camps) - in constant fear of the authorities, who conduct sporadic raids that has in some cases have resulted in death. Populations The Rohingya are a stateless people from the Arakan state of Burma that borders Bangladesh in the west. In an attempt to unite the Burmese population after a landmark victory by the National League of Democracy headed by Aung San Suu Kyi, the Rohingya were singled and made scapegoats by the brutal military regime. Largely because of their distinct ethnic history and religion, persecution is ongoing as the regime scrambles to unite an increasingly resentful population. There are currently 12,000 Rohingya refugees in Malaysia who started arriving in the early 90s. In the year 2000, the Burmese junta started persecuting yet another group of its citizens- the Chin people who are predominantly Christian. Arrest, imprisonment, torture and forced labour were carried out arbitrarily at Chin males suspected of being in league with the Chin National Front which currently seek autonomy from the brutal regime. Currently, their numbers cumulate to around 12,000. Like other Burmese populations who seek refuge in Malaysia including the Rohingya, Karen, Mon and Shan - they arrive through the porous Thai-Malaysian border, eliciting the help of paid agents who charge prices remotely affordable by refugees. In failing to settle this debt, male refugees are often sold to Thai fishermen as virtual slaves whilst the women are put into prostitution. For over the past 30 odd years, an estimated 100,000 Filipino refugees have sought safety from the conflict zones of southern Philippines in the East Malaysian state of Sabah. Many thought that due to the duration of their asylum they would have already been granted residency. That is not the case, even as many have started families whose stateless children can only identify Malaysia as home. Like the Rohingya, Chin and other Burmese refugees, are still regarded as foreigners and do not qualify for basic healthcare, legal employment and education. Government posture on the issue has been one that is vague and inconsistent extremely detrimental for the refugees psyche. Many refugees (even those with valid UNHCR documents) are currently held in detention centres in obscure locations around the country. As the public is largely unaware regarding the locations and happenings of such camps, ignorance has allowed the government to pursue the issue without much resistance. The media also portray refugees as illegal migrants, commonly associating them with anti-social behaviour, crime and disease. Several local NGOs have taken on the case but much, much more needs be done. Recommendations Malaysia - Become party to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. Foreign Governments - Increase repatriation commitments 3
- Provide adequate financial support for the initiatives recommended by the UNHCR - Ensure that conditions are created under which the Rohingya can return to Burma safely, with dignity and with their human rights guaranteed NGOs - Assist in UNHCR registration activities - Increase funding and support to UNHCR and local NGOs, particularly for mobile registration and mobile clinics to reach populations outside of the capital. - Support local NGOs in building their advocacy and networking skills and educating the public about the difference between asylum seekers and migrants. 4
For more information, please do not hesitate to obtain a copy of the background paper prepared by the Sern-Li Lim of the UNSW Center for Refugee Research. 5