KUALA LUMPUR – Despite the recent tough talk by the Home Ministry and Immigration Department, the United Nations High Commission for Refugees (UNHCR) remains committed to advocating against the arrest and detention of UNHCR cardholders.
The group said its advocacy also extends to those with expired UNHCR cards and people in the process of registering as asylum seekers.
In a statement to The Vibes, UNHCR associate communications officer Yante Ismail said the supranational organisation has been working closely with the relevant law enforcement agencies to explain international law concepts related to refugees, as well as the significance of the UNHCR documents given to asylum seekers.
“This has yielded significant protection from immigrant arrest,” she said.
Currently, the UNHCR cards afforded to refugees help protect members of these communities from deportation to their countries of origin, where their freedom or lives may be at risk.
Additionally, the document prevents them from being deported to a third country, where they could be at risk of being sent back to their country of origin.
“This is known as the customary international law principle of non-refoulement, which is binding for all states, regardless of whether they have signed the 1951 Convention Relating to the Status of Refugees or not.”
As for Home Minister Datuk Seri Hamzah Zainudin’s recent statement on complaints of crimes committed by migrants, Yante said Malaysia is not party to the 1951 Refugee Convention and does not have an asylum system in place to regulate the status and rights of refugees.
“This complex protection environment puts refugees in a position of illegality, and it often exposes them to exploitation and forces them to resort to negative coping mechanisms,” she added.
She expressed hope that refugees will receive the necessary protections in the country, including access to self-reliance, so they can better take care of themselves and contribute to the country.
Yante said the UNHCR is in constructive dialogue with the Malaysian government on the matter as well.
Meanwhile, on Hamzah’s consideration of placing refugees in camps, Yante said the UNHCR has been promoting alternatives so refugees can live with greater dignity, independence and normality, with the ability to contribute to society.
“There is a huge commitment of resources and cost to keep refugees in camps, and this will be a burden to the host government and the host community.
“For refugees, living in camps can engender dependency and perpetuate the trauma of displacement. Camps can also distort local economies and development planning.”
On Tuesday, Hamzah had said the government is reviewing its policy involving undocumented migrants.
He had said local communities have complained of houses in their neighbourhoods being occupied by refugees and overcrowded with families, whose members sometimes abuse drugs.
On UNHCR refugees, Hamzah had said a list of names has been requested from the international body to assist with refugees’ vaccination in Malaysia.
However, the UNHCR has set the condition that the information will only be shared if there is a guarantee the refugees will not be arrested.
Hamzah said those with UNHCR cards are still subject to local laws, and it is important that they live peacefully with Malaysians. – The Vibes, June 17, 2021
