KUALA LUMPUR – The Malaysian Human Rights Commission (Suhakam) is concerned with recent statements portraying migrants, undocumented migrants, refugees, and asylum seekers as a threat to the safety and security of the country and who pose a risk to the health of Malaysians.
In a statement, Suhakam said strong-armed enforcement on these communities have once again caused a stir.
“The government must rethink its approach to the situation to avoid further infringements on human rights principles or aggravating the current public health crises.
“Since Malaysia is not a state party to the 1951 Convention Relating to the Status of Refugees and its Optional Protocol of 1967, its national laws do not differentiate between refugees, asylum seekers, and undocumented migrants, and often they are mistakenly considered as a matter of national security concern.
“Suhakam wishes to reiterate that clear differentiation should be made between migrants (including those undocumented) and refugees/asylum seekers.
It added while migrant workers move to another country temporarily for economic reasons, refugees/asylum seekers are those who are 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, member of a particular social group, or political opinion.
“The lack of legal status is a prominent factor resulting in undocumented migrants, refugees, and asylum seekers being exposed to exploitation and prone to being arrested and detained.
Suhakam reminded the government of its commitment to Article 56 of the Asean Consensus on the Protection and Promotion of the Rights of Migrant Workers, to closely cooperate to resolve the cases of migrant workers who, frequently become undocumented due to no fault of their own.
Instilling fear through threats of arrests and detention of undocumented foreigners is counter-productive, in light of the on-going efforts to overcome the pandemic and the urgency to achieve herd immunity.
It is also important to recognise the role of the United Nations High Commissioner for Refugees (UNHCR), and the issuance of UNHCR cards, which afford refugees and asylum seekers with some protection and “legality” to remain in the country.
It added the government has been condemning xenophobia at international fora and should do the same in the country.
“We should work towards typifying the spirit of empathy and humanity that Malaysians are known for.
The government should commit to strictly observing the international principle of non-refoulement of refugees/asylum seekers and instead endeavour to protect and provide migrants and refugees with the necessary assistance to be able to live their lives with dignity, be able to seek work, and have access to education, healthcare and shelter while in this country. – The Vibes, June 14, 2021
