The future for refugees in M’sia

Legal document: In its manifesto, the government promised that refugee status would be legitimised with UNHCR cards like this card issued in 2015.

ON World Refugee Day this Thursday, June 20, 2019, we will honour the strength, courage and resilience of refugees around the globe. It is the perfect opportunity to reflect how Malaysia treats its refugees and what we need to do to ensure that they find safety, support and respect in our country.

Unfortunately, conflict, violence and persecution continue to cause people to flee their homes, often seeking safety in neighbouring countries. Malaysia hosts many such people, from Myanmar, Syria, Afghanistan, Sri Lanka, Somalia, and beyond. There are over 170,000 refugees and asylum seekers registered with the UN High Commissioner for Refugees (UNHCR) in Kuala Lumpur, with many more unregistered.

In the past year, Malaysians all around the country have celebrated a new age of reform and respect for human rights. But what does “Malaysia Baharu” mean for refugees?

It is difficult for Malaysians to imagine life as a refugee in our country. To build connections between our communities, we need to understand the challenges faced by the refugee population. We need to understand that they have no legal status in this country and are often perceived by the authorities as undocumented migrants, subject to arrest, detention and even deportation. Most of us cannot imagine what life is like without the right to work legally, access healthcare, receive a state education or gain qualifications. But these are realities for refugees in Malaysia.

Despite the large number of refugees in the country, Malaysia has no national laws or policies in place to provide for their registration, status, employment, education or anything else. If this is really Malaysia Baharu, we need to do better.

That said, the government did make several promises relating to refugees in its manifesto, including to ratify the 1951 UN Convention Relating to the Status of Refugees.

The Refugee Convention, as amended by the 1967 Protocol, provides definitions and sets out the rights and minimum standards of treatment that refugees should receive. It recognises the importance of international co-operation, that when a person’s own government is not protecting them, it becomes a shared responsibility for others to do so. Ratifying the Refugee Convention would not mean immediate change, or that increasing numbers of people would flee to Malaysia. But it would signify a commitment to ensure that there is a proper system in place to respect and protect the rights of refugees in accordance with international standards.

In the absence of clear government policies, the UNHCR is the most important organisation working to protect refugees in Malaysia. The UNHCR registers refugees, asylum seekers and other persons of concern, issuing cards and other documentation to confirm their status.

In its manifesto, the government promised that refugee status would be legitimised with UNHCR cards. Ensuring that the cards are recognised, particularly by the police and immigration, is crucial. Authorities have arrested men, women and children as undocumented migrants, when in fact many were refugees or asylum seekers already being processed by the UNHCR.

Malaysian law allows foreigners suspected of illegally entering or staying in the country to be detained for “such period as may be necessary”. If legitimate refugees do not have the UNHCR documents with them, or those documents are not understood or respected by the authorities, this can potentially lead to long periods of detention. Horror stories of death, disease and squalid conditions in immigration detention centres must become stories of the past. To ensure they do, UNHCR documents must be given proper recognition that translates to real protection.

Along with recognition of status, the government promised refugees the right to work, and labour rights on par with locals. Refugees want to work, but without the legal right to do so, many are at risk of

turning to the informal sector, compelled to work in underground economies, being exploited by employers, human traffickers and facing other oppressive and

dangerous situations. Furthermore, employers who hire refugees are at risk of prosecution for hiring undocumented migrants, which deters them from providing opportunities to the refugee population.

Malaysia already has millions of migrant workers and adding refugees who are keen to work to their numbers would bring nothing but positive outcomes to the country. Refugees can add so much to our workforce, bringing a diversity of experiences and skills.

The Refugee Convention states that refugees should enjoy access to healthcare equivalent to that of the host population, but this is not the case in Malaysia. The cost of healthcare is higher for foreigners than locals, although refugees holding a UNHCR card are entitled to 50% discount in government hospitals and clinics. But many do not yet have the UNHCR card, and it is not always accepted by the healthcare providers.

Due to the lack of legal protection, even those with the card may not feel safe attending government hospitals for fear of being reported as undocumented migrants and being detained. Alternatively, some may attend expensive private

hospitals, treat conditions at home, or seek no treatment at all.

If refugees had their status legally protected, enabling them to earn a living, they would also be able to access and afford healthcare. In turn, this would foster a healthier refugee population and workforce, allowing them to continue working and contributing to society.

The reality is that many people who flee their home countries will continue to live for many years, sometimes the rest of their lives, in Malaysia. Life continues and as the next generations are born, they must be given the right to education that is afforded to Malaysian citizens.

Currently, refugee children have no access to our formal education system, and have to rely on community-based organisations for classes. Many of these are underfunded or run by volunteers, which is commendable, but naturally results in inconsistencies in terms of what the children learn and the quality of their education. Even in the best learning centres, refugee children are still excluded from sitting exams and gaining qualifications.

On this World Refugee Day, we should try to imagine life in our country with the challenges that refugees face and consider how we can help overcome them. Refugees make vast contribution to societies all over the world. They are part of the future of Malaysia and we need to have a rights-based approach to ensure their continued protection and inclusion in our society.

The government must follow through on its promise to ratify the Refugee Convention, but this will take time. In the meantime, what can we do to make the lives of refugees better in this country? Recognition of their refugee status is the first step towards achieving the basic rights that everyone deserves in Malaysia – starting with the right to work and access to healthcare and education.

Eric Paulsen is the Representative of Malaysia to the Asean Intergovernmental Commission of Human Rights (AICHR).