LL.B. There has been a negative perception of refugees as only benefiting from society and not contributing to it, which is false. The Malaysian government should also ensure that prosecutions for violations of the Immigration Act are conducted in accordance with internationally recognized requirements for the administration of justice and fair trial, as well as Article 40 of the UNCRC. 1. The migrant workers are from Indonesia, Bangladesh, Nepal, Myanmar, and other Asian countries in smaller numbers including India, Cambodia, and Lao PDR; and engaged in industries including manufacturing, plantation, agriculture, services (hospitality and security), and domestic work. It also promised temporary shelter to the boat people.Footnote 5 During this time, Malaysia neither expressed non-responsibility on refugee protection nor explicitly objected to the non-refoulement principle.Footnote 6, The Rohingya are an ethnoreligious Muslim minority group from Myanmar's Rakhine province, which is located in Myanmar and borders Bangladesh. Malaysia also limits their ability to obtain legal employment, healthcare, and education, thereby exposing them to sexual and economic exploitation and other human rights abuses. Consequently, asylum seekers face the risk of being guilty of an offence under Section 6(3),Footnote 19 which could result in deportation in contravention of the non-refoulement principle. 8 Institute of Human Rights and Peace Studies, Mahidol University, Equal Only in Name: The Human Rights of stateless Rohingya in Malaysia Equal Rights Trust (17 October 2014), online: Equal Rights Trust at 16-17; UNHCR Lauds Malaysia for Accepting Persons Rescued at Sea UNHCR (19 December 2012), online: UNHCR . Malaysia offers some protection for those seeking asylum. With just a UNHCR card, they are stuck in legal purgatory. Even if the detention remains in place, the amount of time a person must be detained before being brought before a judge should be reduced from fourteen days to a maximum of twenty-four hours or less, and a person should not be expelled from Malaysia while legal proceedings are still pending. This puts them at risk of daily detection and imprisonment or at least a variety of rent-seeking mechanisms, such as authorities asking for financial contributions. Under the Comprehensive Plan of Action for Indochinese Refugees of 1989, Malaysia became a first protection space for these boat people. Deprivation of liberty is a legal punishment if it complies with universally agreed criteria, such as those outlined in the United Nations Uniform Minimum Rules for the Treatment of Prisoners. 39/46 (entered into force 26 June 1987), art. This month, Mercy Malaysia opened its second health facility in Cox Bazar in Bangladesh, providing free medicine and medical consultation to Rohingyas seeking refuge there. Second, the government needs to ensure the protection of women and children through protective measures against sexual abuse and violence. The absence of a legal framework for recognising refugees and asylum seekers has created problematic and exploitative conditions for refugees and asylum seekers because we lack formal rights to work, we do not have legal status, we do not benefit from any legal protection and we continue to remain at risk of arrest, detention, and refoulement. For example, there is a requirement for specific documents to register for vaccines. It labels undocumented foreign nationals as illegal immigrants, which puts them at risk of apprehension, conviction, incarceration, expulsion, and refoulement. The life of Myanmar refugees in Malaysia continues to be difficult, as it involves various struggles and suffering. For some victims, this was one of the most painful elements of the process, Additionally, prison authorities have caned inmates before transferring them to facilities with unsafe conditions.Footnote 39. Total loading time: 0.57 I hope that the government can work hand in hand with the UNHCR and civil society to settle refugee issues in more appropriate and effective ways and not deport any Myanmar detainees back to Myanmar, which is currently under a military regime. } Successful applicants to the programme were placed within selected companies in the plantation and manufacturing industries. On non-discrimination and equality, Malaysia's legal and policy system falls short of international standards.Footnote 14, Articles 8 and 12 of Malaysia's Federal Constitution are the main provisions relating to non-discrimination and equality. Protection is vital for people fleeing persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. This paper first explains the intersection of refugee law and Malaysia's state practice. The latter group, like us, also seek to make ends meet, to provide for ourselves and families, to earn an income and etc. IOM Malaysias Counter Trafficking and Immigration and Border Management initiatives are in support of the Governments efforts to combat trafficking in persons and the smuggling of migrants which include capacity building activities for relevant authorities and the provision of direct assistance to vulnerable migrants, including victims of trafficking. Aware of being under state surveillance and fearing that his family members and loved ones would experience reprisals and harassment due to his activism, he fled Myanmar in 2011 and has lived as a refugee in Malaysia ever since. Uncomfortable truths: busting the top three asylum seeker myths, Theres no evidence that asylum seeker deterrence policy works, Theres more to regional collaboration than the Malaysia Arrangement, How immigration policy harms asylum seekers mental health. The Special Rapporteur did not accept the notion that the administration of punishments that involve illegal acts could be deemed legal because the punishment has been authorized in a procedurally legitimate manner. %PDF-1.4 The lack of recognition of refugees and asylum seekers in Malaysia exposes us to arrest, imprisonment, and various abuses. 1. International Organization for Migration (IOM) 4 HELTON, Arthur C., The Malaysian Policy to Redirect Vietnamese Boat People: Non-Refoulement as a Human Rights Remedy (1992) 24 New York University Journal of International Law and Politics 1203Google Scholar at 1205. Since revisions were made to the Immigration Act in 2002, a total of 47,914 migrants have been subjected to caning for immigration violations.Footnote 40. These include physical examinations that assess their health status and identify any significant medical conditions, which may require treatment prior to their departure; medical follow-ups and special care after their resettlement; and provision of health education and vaccination. It paints a damning picture of the situation for Afghan refugees in Malaysia. The authors would like to thank the reviewers for their comments. 25 Melati NUNGSARI, Sam FLANDERS, and Hui-Yin CHUAH, Poverty and precarious employment: the case of Rohingya refugee construction workers in Peninsular Malaysia (2020) 7 Humanities and Social Sciences Communications 1. 27 Malaysia: End Abusive Immigration Detention Human Rights Watch (20 November 2020), online: HRW . Millions of Malaysians are susceptible to economic devastation because they have forsaken coverage. The Whoscall app uses the largest database in Asia-Pacific to protect a growing community of users against scammers. Malaysia is also recognised as a destination and a transit country for trafficking in persons and smuggling of migrants, with migrants often falling prey to unscrupulous recruiters which leaves them stranded and undocumented. Additionally, the law provides a list of persons considered as prohibited immigrants who are not allowed to enter Malaysia, and persons who fall within the scope of prohibited immigrants are liable to detention and deportation if they enter the country or become prohibited after they enter.Footnote 20 The non-refoulement principle has a vast scope, including the state's duty to identify such persons entitled to protection with a proper screening procedure and respecting the due process of law.Footnote 21 Moreover, screening and identification procedures need to be conducted by impartial bodies.Footnote 22, Applicants also lack the opportunity to review or challenge their decisions. The Malaysian Policy to Redirect Vietnamese Boat People: New York University Journal of International Law and Politics, The Closing Saga of the Vietnamese Asylum-seekers: The Implications on International Refugees and Human Rights Law, Escaping the Principle of Non-Refoulement, International Journal of Business, Economics and Law, https://creativecommons.org/licenses/by/4.0/, https://www.refworld.org/docid/437b6db64.html, https://www.hrw.org/reports/2000/malaysia/maybr008-04.htm#P987404, https://www.equalrightstrust.org/sites/default/files/ertdocs//Equal%20Only%20in%20Name%20-%20Malaysia%20-%20Full%20Report.pdf, https://www.unhcr.org/en-my/news/press/2012/12/59116b927/unhcr-lauds-malaysia-for-accepting-persons-rescued-at-sea.html, https://mixedmigration.org/articles/surviving-fear-and-uncertainty-rohingya-refugees-in-malaysia/#, https://www.reuters.com/article/us-myanmar-rohingya-malaysia-idUSKCN24N0NT, https://www.equalrightstrust.org/content/washing-tigers-full, https://www.hrw.org/news/2020/11/20/malaysia-end-abusive-immigration-detention, https://www.fidh.org/IMG/pdf/MalaisieCONJ489eng.pdf, https://www.amnesty.org/en/documents/ASA28/013/2010/en/, https://www.thedailystar.net/news-detail-95537, https://wao.org.my/refugee-women-in-malaysia-are-at-increased-risk-of-gender-based-violence-while-having-limited-access-to-protection-and-justice/, https://www.aljazeera.com/news/2020/12/10/lone-children-among-hundreds-in-malaysia-immigration-detention. Nevertheless, life for refugees and asylum seekers remains tough in Malaysia, as they generally receive no direct financial support for housing and food from the UNHCR. Jindal Global University, Sonipat, India. Jindal Global University, Sonipat, Haryana, India, School of Law, SASTRA Deemed University, Thanjavur, Tamil Nadu, India, https://doi.org/10.1017/S2044251322000091, Non-refoulement as Custom and Jus Cogens? % In this paper, the authors study the treatment of Rohingya refugees in Malaysia and suggest how the Malaysian legal system can better protect them by adapting international legal practices. 11 Malaysia spares Rohingya refugees from caning Thomson Reuters (July 2020), online: Reuters . In 2005, the last Vietnamese refugee left Malaysia and was voluntarily repatriated to Vietnam after spending more than 20 years in Malaysia. Since barbaric, inhuman, or degrading punishments are illegal by definition, they hardly qualify as lawful penalties under Article 1 of the CAT.Footnote 36, In terms of post-caning remedies, prisoners said they had to rely on self-care because prison workers refused to offer medical treatment.Footnote 37 Moreover, caning could result in psychological issues for the refugees and asylum seekers:Footnote 38, Caning can also directly lead to psychological pain and suffering. The impact of prolonged detention on health and psychological well-being must be considered. Furthermore, barbaric, inhuman, or degrading treatment is prohibited regardless of which lawful sanctions are removed from the concept of torture. Write an article and join a growing community of more than 149,600 academics and researchers from 4,429 institutions. The system requires refugees and asylum seekers to input an ID card or passport number, two documents that we do not have access to. As the leading inter-governmental organization promoting since 1951 humane and orderly migration, IOM plays a key role to support the achievement of the 2030 Agenda through different areas of intervention that connect both humanitarian assistance and sustainable development.

University of Queensland provides funding as a member of The Conversation AU. 137(entered into force 22 April 1954), art. The presence of regular migrants also requires their employers to pay into health and insurance government programmes, which support social protection schemes, among other benefits to the overall Malaysia economy. Detainees must further be allowed to appeal the reasons for their detention and dismissal, as well as other reviewable decisions under the Act in this vein, the ouster clause in Section 59A should be removed.Footnote 44. The psychological effects of such documentation on refugees due to the resultant uncertainty is (and should be) enough to galvanise support for providing these refugees with basic legal rights. Hostname: page-component-6f5fbd79b4-6xvpn 1|&=Chg2X=zCd3)4I K}q[?Q;%l~~;;s[9QKTkg>^=Ld5_0?mewUd r2}:~wjUO/)r8|u`o`'je}z OYr+96 ?I%{t[m?Qr0i ec73ynEm5l But Malaysia was only willing to act as an offshore processing entity as it deemed the influx of such vast numbers and their ethnic make-up (many were ethnic Chinese) as problematic. It is not obliged to provide for them in areas such as employment and education. There is nothing to protect us from these abuses. We use cookies to distinguish you from other users and to provide you with a better experience on our websites. "useRatesEcommerce": false, Shell eyes limit to how clean oil output can be in climate push, Govt has begun repaying RM37 bil refunds for GST, income tax arrears, says Guan Eng, No magic wand to end Myanmars crisis, says envoy, Myanmar suspends foreign loan repayments amid dollar crunch, Whoscall: app fights fraud by blocking scammers, How the Covid-19 lifestyle has led to acute back pain, Top experts share sustainability insights at SB22KL, Protect your home from environmental and economic chaos, How these SMEs used cost-effective ways to market their businesses, 70-year-old yong tau foo biz that started on a tricycle, Bon Odori 2022: a Japanese festival for all Malaysians, Capturing life and the human spirit in his paintings, Anti-stalking bill to be tabled this year, says deputy minister, Saifuddin hails good discussion on Sulu issue, MPs still want debate, Bella suffered trauma, nightmares, says witness, Media barred from reporting on Sulu claim briefing.

Switzerland Johannesburg, 30 Immigration Act 1959/63 (Act 155), s. 6(4). Most of the refugees who face these struggles are also dealing with depression and are mentally exhausted through thinking of ways just to survive and remain safe. As of May 2021, there were an estimated 179,570 refugees and asylum seekers registered with the United Nations High Commission for Refugees (UNHCR) in Malaysia. Malaysia Has data issue: true In 2011, UNHCR resettled 8,370 refugees to third countries, a number that will increase this year. 36 A Blow to Humanity: Torture by Judicial Caning in Malaysia Amnesty International (6 December 2010), online: Amnesty International at 5051; Commission on Human Rights, Report of the Special Rapporteur Mr. Nigel S. Rodley, submitted pursuant to Commission on Human Rights Resolution 1995/37 B, UN Doc. Additionally, Malaysia is not a party to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. Refugees and their rights have arguably been given little consideration in Malaysia. For example, during the influx of Indochinese refugees in the late 1980s, Malaysia cooperated with UNCHR and non-governmental organizations.

(Hons.) Malaysia 570, Jalan Bukit Petaling What is the situation of refugees in Malaysia? 17 Route des Morillons, 1211Geneva 19, Switzerland, Copyright 2022International Organization for Migration. The Malaysian government has encouraged refugees to come forward to register for vaccination but has not provided clear information, and the existing systems are not accessible for refugees. Soon they were arriving in large numbers and Malaysia became the temporary home to more than 250,000 of them. The interesting case of Malaysia is that as much as it opens its doors to refugees, it is actually not a party to the United Nations 1951 Refugee Convention, nor its 1967 protocol. Tel: +41.79.910.34.28, Diversity & Inclusion Group for Networking and Action, Enabling Environment National Assessment Reports, Legitimacy, Transparency and Accountability Guidelines. "shouldUseHypothesis": true, The remaining refugees originate from countries including Pakistan, Yemen, Syria, Somalia, Afghanistan, Iraq and Sri Lanka, among others. Tel: +603 9235 5400 Comprehensive Plan of Action for Indochinese Refugees. Malaysia has yet to ratify the convention. Refugees have received no support from the Malaysian government; rather we experienced more raids and increasing restrictions. Tel: +27 (0)11 833 5959 Have refugees received any support from the Malaysian government or the UNHCR during the pandemic? Sustainable Brands Kuala Lumpur Conference 2022 sees top sustainability experts sharing insights on plans local companies can embrace. 25 Owl Street, 6th Floor 22 Dina Imam SUPAAT, Escaping the Principle of Non-Refoulement (2013) 2 International Journal of Business, Economics and Law at 94. Despite the presence of the United Nations High Commissioner for Refugees (UNHCR) in Malaysia for over four decades, there is no formal status agreement. Our team of academics tackles the asylum seekerdilemma, Lecturer in Anthropology, The University of Queensland. Many caning victims expressed anguish about impotence caused by caning and also its possible consequences The procedure of caning puts the victim into a state of utter helplessness and powerlessness. Potential alternatives include community placement such as placement with host families, bail schemes that ensure that the requirements of the immigration proceedings are satisfied, and support from guarantors or sponsors to ensure that asylum seekers are looked after. 41 Natasha DANDAVATI, Refugee women in Malaysia are at increased risk of gender-based violence, while having limited access to protection and justice Women's Aid Organization (11 January 2021), online: WAO . Published by Cambridge University Press, Living in the Shadows: Rohingya Refugees in Malaysia, Jindal Global Law School, O.P. As of December 2021, a total of 180,440 refugees and asylum seekers were registered by UNHCR. $pPWgz 5RX-;Ab!-yeu +?? o33d7a\zi3 r Who are Australias boat people, and why dont they get on planes? Article 12 of the Federal Constitution ensures that all persons are protected from educational discrimination. The views expressed by the writer do not necessarily reflect those of FMT. Currently, more than 80% of refugees comprise of those from Myanmar, with the rest coming from countries such as Yemen, Pakistan and Iraq. 14 Washing the Tigers: Addressing Discrimination and Inequality in Malaysia Equal Rights Trust (November 2012), online: Equal Rights Trust . Fourth, it suggests recommendations that could alleviate the plight of Rohingya refugees in Malaysia. It is not an official document, meaning it in no way reduces the risk of deportation. Asylum applicants are often treated as undocumented and illegal immigrants even though such treatment violates international law. 16 Immigration Act 1959/63 (Act 155), s. 6. Additionally, the 1951 Refugee Convention defines a refugee as someone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion. Moreover, there are many laws in Malaysia that create a chilling effect for refugees who want to speak up, such as the Immigration Act, which criminalises undocumented migrants as well as refugees, given that we are not recognised by law. Many so-called irregular migrants who end up on boats bound for Australia have come through Malaysia at some stage of their odyssey to claim asylum and protection. Fax: +603 2145 1094 Furthermore, policy concerns about the control of undocumented workers must be seen in the light of a broader political and economic environment that depends on foreign labour. Between 2018 to 2020, the Malaysian government officially estimated that the country hosted approximately 1.4 to 2 million documented migrants, and unofficial estimates of 1.2 to 3.5 million additional migrants (as reported by the World Bank) thus making Malaysia the largest migrant-receiving country in Southeast Asia. The diversity of these experiences gets lost when we focus on the very limited amount of boat people arriving in Australian waters. Some were also stuck in areas under strict lockdown surrounded by barbed wire, with residents forbidden from leaving their homes, which made it very difficult. NY 10017 The Immigration Act also raises a number of problems relating to the administration of justice. No Contracting state shall expel or return (refouler) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion. Should we continue to treat refugees as a stumbling block or might we stumble without their contribution to the economy? 2092 32 Undocumented Migrants and Refugees in Malaysia: Raids, Detention and Discrimination, International Federation of Human Rights (8 December 2021), online: IFHR . The power given under Section 34(1)Footnote 43 should be given a narrow scope. The system should be more inclusive of all persons living in Malaysia, including refugees, asylum seekers, and undocumented migrants because vaccinations should be the first barrier against the creation of COVID-19 clusters. The Immigration Act also exposes refugees to severe forms of punishment, such as caning. A successful approach to protecting Rohingya refugees necessitates significant deviations from a humanitarian perspective, including measures for long-term settlement and de facto integration. Email: iomkualalumpur@iom.int In Myanmar, many Rohingya civilians have a well-founded fear of being persecuted for reasons of nationality, are outside of their home country, and are unable to avail themselves of that country's security.Footnote 7. For now however, the position on refugees is ambiguous at best. CIVICUS speaks with two civil society activists, who asked to remain anonymous for security CIVICUS speaks about Tunisias 25 July constitutional referendum with Amine Ghali, director of Al HEADQUARTERS Consequently, several children are placed in detention, in unsanitary conditions, and sometimes without parents.Footnote 27. 12 Malaysia: Stop Treating Rohingya Refugees as Criminals, supra note 14. Overall, while the Malaysian government has experimented with a variety of policy approaches, more coherence and protection are needed. zyfVz%w7EJ>;lA%f;P:R-u^7v]klYz)# @Q x*V. It concludes by highlighting the need for the Malaysian legal system to accommodate international principles. 42 Emily FISHBEIN, Lone children among hundreds in Malaysia immigration detention Aljazeera (10 December 2020), online: Aljazeera . 31 Immigration Act 1959/63 (Act 155), s. 34(3). The International Organization for Migration (IOM) is part of the United Nations System as the leading inter-governmental organization promoting since 1951 humane and orderly migration for the benefit of all, with 174 member states and a presence in over 100 countries. Now, credit must be given where it is due. The actual period of imprisonment for these offences also needs to be reduced. Facebook: https://www.facebook.com/IOMMalaysia, If you have been accepted for resettlement and want to provide updated information to IOM Malaysia, you may email IOM Resettlement and Movement Management unit at iomkulinq@iom.int or call +603 9235 5400. We are currently unable to find formal work, and lack of recognition exposes us to exploitation. IOM Malaysias cultural orientation team provides classes to refugees bound for a resettlement country, covering topics such as how to take a flight, cultural adaptation, information about on-arrival assistance, education, personal health and healthcare systems, how to get a job, general laws as well as individual rights and responsibilities. Articles 9 (banishment, prohibition, and freedom of movement) and 10 (freedom of expression, assembly, and association) contain additional discriminatory provisions against non-citizens. We urge the Malaysian government to give refugees legal access to work and to acknowledge their legal status. Given the limited protections in Malaysia, the following legislative amendments are suggested. Even though Malaysia is not a signatory to the Refugee Convention or the accompanying Protocol, it has allowed refugees to stay in the country temporarily before they return to their home country or relocate to a third country. 24 Immigration Act 1959/63 (Act 155), s. 51B. Published online by Cambridge University Press: The benefit of the present provision may not, however, be claimed by a refugee whom there are reasonable grounds for regarding as a danger to the security of the country in which he is, or who, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of that country.

For example, under the Peaceful Assembly Act, Section 4(a), the right to assemble peacefully is reserved exclusively for Malaysian citizens. What does the Australian public really think about asylum seekers? Businesses can leverage on REV Ad Manager's database of 15.8 million customers to make better marketing choices.

A/RES/70/175, rr. While those registered with the UNHCR were largely spared arrest, unregistered asylum seekers were swept up along with undocumented migrant workers.