Immigrants holding up their UNHCR cards during a joint illegal immigrants operation. Suhakam recommends that part of the framework we must create should offer safeguards against arbitrary arrest, detention and deportation. — IZZRAFIQ ALIAS/The Star
ONE of the oft-talked about issues when it comes to refugees is their right to work in their host countries, including in Malaysia.
But things in Malaysia seemed to bode well for refugees when Minister in the Prime Minister’s Department (Federal Territories) Datuk Seri Dr Zaliha Mustafa said in a written parliamentary reply early this year that refugees will be allowed to work under an improved National Security Council Directive No.23.
However, the National Human Rights Commission (Suhakam) has called the directive too little, too late, pointing out that it merely offers short-term relief.
Suhakam also points out that the directive has “inexplicably” remained a confidential document, and called for its urgent implementation, as it was approved by the Prime Minister in June 2023.
“Short-term policies, while providing immediate relief – albeit limited in nature – must be followed by a comprehensive legal framework to ensure sustainable and rights-based solutions for refugees,” Suhakam has stated.
Now that the United Nations High Commissioner for Refugees (UNHCR) Malaysia has shown its support and willingness to work with the government to establish a domestic legal framework for refugees, Suhakam and civil society are once again calling for a formal codification of laws that address the refugees’ situation in the country.
“Suhakam has consistently observed with concern that Malaysia stands without a formal domestic legal framework for refugees, primarily because it is not a state party to the 1951 UN Refugee Convention and its 1967 Protocol.
“This raises a troubling question: Do we really need to be bound by international law before we can offer compassion and regulation to those in need within our borders? Is this a justifiable stance?” the commission says to Sunday Star.
As a nation, Malaysia has a duty to promote, protect and fulfil the rights of every individual while preventing any violations of those rights. As such, Suhakam says that without a structured legal framework, Malaysia leaves countless vulnerable lives in limbo.
“This is not just a legal failing, it is a human tragedy.
“In the face of such pressing needs, the development of a national framework isn’t merely desirable, it is essential.
“It would provide the much- needed legal clarity, policy consistency and institutional responsibility required to address refugee-related issues with dignity and care.”
This way, even without ratifying the UN Refugee Convention, Malaysia can enact rights-based legislation that aligns with its existing commitments under other international human rights treaties, the commission adds.
Among key elements that Suhakam recommends for the framework are a clear legal definition and recognition of “refugee” and “asylum seeker” status, a differentiation between refugees and Pati (pendatang asing tanpa izin, or undocumented immigrant), a government-led procedure for status determination in coordination with UNHCR expertise, the right to legal identity documents for recognised refugees and asylum seekers, and the right to legal stay and protection from refoulement.
Refoulement refers to the forcible return of refugees or asylum seekers to a country where they are liable to be subjected to persecution.
Suhakam recommends that the framework include not only legal work rights, but also access to basic services such as healthcare, education and justice, as well as safeguards against arbitrary arrest, detention and deportation.
These have long been the main concerns brought up in refugee- related discourse.
North South Initiative (NSI) executive director Adrian Pereira says these are some of the fundamental basic rights listed in the Universal Declaration of Human Rights.
He adds that there are existing frameworks in Malaysia, but they are not formally codified or articulated in a way that ensures consistent, dignified service.
For example, education for refugees is dependent on the private sector, while healthcare is unsubsidised.
Meanwhile, legal employment exists for refugees in Malaysia, but they do not get the full protections of the different employment- related laws, he says.
So there is definitely a need for a formal codified framework, he says, “because it’s so under the bare minimum standard currently”.
Pereira also warns against adopting the practices of other countries that have also not signed the UN Refugee Conven-tion: “I think that the idea is not to compare whether there is an existing model from non-signatory countries. We should always aim and aspire for the highest standards, not go for the least standard.”
He points out that Malaysia has a good track record of hosting the Vietnamese boat people in the 1970s.
“So we don’t need to look at other examples. Just retrospectively look back at what we have done.”
Suhakam’s proposals for a formal legislative framework for refugees
> Strategy 1: Identification and registration of refugees:
Review the National Security Policy 2021-2025.
Amend Section 55 of the Immigration Act.
Include definitions for refugees and asylum seekers in the Immigration Regulations 1963.
Introduce a Refugee Pass in the Immigration Regulations 1963.
Amend the Immigration Regulations 1963 (Admin-istration and Management of Immigration Depots 2003) to ensure refugee status is recognised at immigration depots.
Create special regulations under the Passport Act 1966 for refugees lacking travel documents.
> Strategy 2: Provide opportunities for refugees to work formally:
Amend the Immigration Regulations 1963 to allow registered refugees to work.
> Strategy 3: Provide inclusive educational opportunities:
Amend the Zero Refusal Policy and relevant sections of the Federal Constitution and Education Act to ensure that the right to education includes refugee children.
Facilitate community-based school registration for refugees under the Private Education Division and State Education Department.
Ensure that the syllabus provided meets the current educational level of refugees while being recognised internationally.
> Strategy 4: Health welfare for refugees:
Revise the Guidelines for Fees (Medical) (Service Costs) Order 2014 to replace “Pati registered with UNHCR” with “Refugees and Asylum Seekers”, and exempt hospitals from reporting to the Immigration Department. (Pati is an acronym of “pendatang asing tanpa izin”, or undocumented immigrant.)
> Strategy 5: Promote a safe and harmonious family structure:
Increase awareness of provisions allowing refugees to register marriages, divorces, births and deaths.
Advocate for a secure family system that includes marriage registration and the issuance of birth certificates, with strict enforcement for non-compliance.
> Strategy 6: Break the cycle of poverty and economic instability:
Collaborate with refugee-receiving countries to establish clear criteria for refugee acceptance
Promote refugee talent for potential placement in third countries.
Source: Suhakam
