THERE is growing public misunderstanding over whether holders of United Nations High Commissioner for Refugees (UNHCR) cards are entitled to the same treatment as Malaysian citizens, with experts clarifying that such claims are not legally accurate.
Prof Dr Azmi Hassan of the Nusantara Strategic Research Academy (NASR) said UNHCR card holders are not immune from Malaysian law and remain subject to the country’s legal framework while residing here.
He stressed that Malaysia is not a signatory to the 1951 Refugee Convention and is therefore not legally bound to provide refugees with the full range of benefits stipulated under the agreement.
“No matter whether they have a card or not, we are not obliged to provide housing, employment or education to them,” Harian Metro quoted him saying.
Azmi added that even countries which are signatories to the convention adopt strict enforcement policies regarding asylum seekers, citing Australia as an example.
He said Australia, despite being a party to the convention, has implemented stringent border controls to prevent asylum seekers from reaching its shores, including offshore processing arrangements.
“Australia is a party to this convention, but they do not want asylum seekers arriving on their shores because they are required to provide all the facilities for refugees once they are in the country.
“The Australian government chooses to block asylum seeker boats at sea and place them in offshore processing centres such as Manus and Nauru to ensure they do not reach the mainland,” he said.
He said this demonstrated that being a signatory does not necessarily mean a country must facilitate unrestricted entry of asylum seekers into its territory.
For record, the 1951 Refugee Convention was established in the aftermath of World War II to protect individuals fleeing persecution based on race, religion or nationality.
It provides refugees access to courts, the right to work and education, as well as other social, economic and civil rights comparable to those of host country nationals, while prohibiting penalties for illegal entry.
However, Azmi acknowledged that Malaysia faces a policy dilemma, particularly in managing public perception when enforcement actions are taken against undocumented migrants or asylum seekers.
“We may be labelled as inhumane for taking strict enforcement action, while at the same time we are enforcing domestic laws,” he said.
“This is the dilemma we are facing, including the current issue, and it must be managed properly without offending any party,” he added. - July 4, 2026
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