There are an estimated 100,000 asylum seekers, refugees and

stateless persons in Malaysia. Of these, around 80-90 percent are from

Burma (Myanmar). They have either fled persecution on account of their

political beliefs, ethnicity, and/or religion, or to escape torture, rape,

violence, mistreatment and insecurity in their homelands.

The Migration Working Group appeals to the Cabinet to recognize the

appalling realities faced by these individuals in our country and to

ensure that Malaysia meets its international obligations to protect and

assist these populations.

Realities faced by Asylum Seekers, Refugees and Stateless Persons

As Malaysia has not yet enacted domestic laws that recognise, protect

and assist asylum seekers, refugees and stateless persons, they are

treated  as non-documented migrants, and are subjected to arrest,

prolonged detention under difficult conditions, whipping, imprisonment,

and deportation.

We have heard numerous horrifying accounts where asylum seekers

and refugees from Burma are handed over to human smugglers/

traffickers at the Malaysia-Thai border, who demand payment for their

release. Those  who are unable to pay the monies required (typically

ranging from RM1,400 to RM2,500) are sold – to fishing boats, brothels

or ‘private owners’ – for sex or as bonded laborers.

Even those issued with identity documents by the United Nations High

Commissioner for Refugees (UNHCR) are vulnerable to arrest, as Ikatan

Relawan Rakyat (RELA) volunteers and Immigration officers often do not

recognise the validity of these documents.

An average of 700-800 UNHCR-recognised refugees remain under

detention every month.  About 100 of these are children. The UNHCR is

not allowed to visit asylum seekers in detention centres and prisons,

which  directly jeopardizes their right to seek asylum, a universal right

in international customary law. They are detained indefinitely –

sometimes for more than 2 years – suffering violence, poor access to

health care, and poor conditions of detention.

The unnecessary arrest, detention, whipping and deportation of asylum

seekers, refugees and stateless persons do not only perpetuate

 violence and vulnerability, it constitutes the abuse of human rights and

 wastes limited law enforcement resources which are desperately

needed for the prevention of real crime.

Malaysia’s International Obligations

Malaysia’s international obligations include the following:

1.        Upholding the rights of every person as set out in the 1948

 Universal Declaration of Human Rights, which is international customary

law and therefore binding on Malaysia. These include the right to life,

liberty and security of person, the right to freedom from arbitrary arrest

and detention, as well as the right to seek asylum.

2.        Taking measures necessary to fully respect the international

customary law of non-refoulement, which prohibits the return of people

to places where they may face persecution or threat to their life or freedom.

3.        Acting on the recommendations of the Committee on the

Elimination of Discrimination Against Women (CEDAW) to Malaysia as

stated in their Concluding Comments of May 2006, which include

adopting laws and regulations concerning the status of asylum seekers

and refugees, in line with international standards, to ensure their

protection.

4.        Acting on the recommendations of the Committee on the Rights

of the Child (CRC) to Malaysia as stated in their Concluding Comments

of February 2007, which include abolishing caning and other forms of

corporal punishment for those under 18 years of age, taking urgent

measures not to detain children for immigration proceedings,

establishing a screening process to identify asylum-seeking and refugee

children, developing legislation for the protection of asylum-seeking and

refugee children, and strengthening collaboration with the UNHCR and

other  agencies, including providing access to persons of concern in

detention.

Immediate Recommendations to the Cabinet

In line with the above, we seek the commitment of the Cabinet to ensure that:

1.        All law enforcement agencies (in particular RELA and

Immigration) respect UNHCR documents and refrain from arresting

holders of these documents

2.        The UNHCR is given free and full access to asylum seekers,

refugees and stateless persons in all Immigration Detention Depots

and Prisons so that they can verify if asylum claims are genuine and

take measures to assist refugees. Recognized refugees should be

released into the official care of the UNHCR while durable solutions

are found.

3.        Lawyers are given full access to refugees, asylum seekers and

stateless persons to ensure that their right to representation is upheld

for any form of court proceedings.

4.        Asylum seekers, refugees, and stateless persons are exempted

from punishment under the Immigration Act 1959/63 (Act 155), using

Section 55 of the Act. This is in line with recommendations of the

Committee on the Rights of the Child.

In the longer term:

5.        The Malaysian Government must institute refugee status

determination procedures, as recommended by the CRC and

CEDAW Committees, and provide protection and assistance to

 these vulnerable groups. The Malaysian Government should

also ratify the 1951 Convention Relating to the Status of

Refugees and the 1967 Protocol.

We also urge the Malaysian Government to fulfill its promises made in

October 2004 to issue IMM13 work permits to the Rohingya population.

We are concerned that this process has stalled, leaving the Rohingya

community in great vulnerability to unjust arrest and detention.

We, the undersigned members of the Migration Working Group,

1.        Aliran Kesedaran Negara (ALIRAN)

2.        All Women’s Action Society (AWAM)

3.        Amnesty International Malaysia (AIM)

4.        Building & Wood Workers International, Asia-Pacific Region

5.        Coordination of Action Research on AIDS and Mobility, Asia

6.        Council of Churches, Malaysia

7.        Health Equity Initiatives (HEI)

8.        Kumpulan ACTS

9.        Labour Resource Centre (LRC)

10.      Legal Aid Centre, Kuala Lumpur

11.      Migrant Care

12.      Malaysian Care

13.      Malaysian Social Research Institute (MSRI)

14.      Malaysian Trade Union Congress (MTUC)

15.      Migrant Desk, Melaka-Johor Catholic Diocese

16.      Penang Office for Human Development (POHD)

17.      Persatuan Kebangsaan Hak Asasi Manusia (HAKAM)

18.      Pusat Komunikasi Masyarakat (KOMAS)

19.      Suara Rakyat Malaysia (SUARAM)

20.      Tenaganita

21.      Women’s Aid Organisation (WAO)

The Secretariat for the MWG is Women’s Aid Organisation

To contact the MWG c/o WAO:

P.O. Box 493, Jalan Sultan, 46760 Petaling Jaya, Selangor, Malaysia

Tel: +603 7957 5635, Fax: +603 7956 3237