Tens of thousands of immigrants put themselves into the hands of human traffickers each year to arrange for their illegal entry into Malaysia. Among them are also thousands of Burmese immigrants who have bought their way into the country, not so much in search of a high-paying job, but for security from persecution in their own country.

However, the strict policy of the Malaysian government against any form of unauthorised immigration does not draw distinctions between the immigrants' circumstances. When arrested, even genuine Burmese asylum seekers are deported back to Thailand, to end up once again in the hands of traffickers.

In an attempt to end these vicious circles, the Burmese have only one option that is to be recognised as political refugees by the United Nations High Commission for Refugees (UNHCR) ( left ) so that they will be granted immunity from arrests and resettled in third countries.

However, several recent incidents have instead turned the spotlight on the refugee agency for what many have seen to be its failure to shield those most in need of its protection.

When a group of Rohingyas entered the UNHCR compound in Kuala Lumpur last January to appeal for asylum, these 'rejected asylum seekers' were instead handed over to the police for deportation, in the face of strong protests by human rights organisations in Malaysia.

Status not recognised

Even those who are UNHCR-recognised refugees are not immune to arrests.

In February, Tha Sui Chin and Tha Hnaing Sung two Burmese Chin women in their mid-20s were arrested and remained captive to date at an illegal immigrants' camp in the northern state of Perak, despite holding papers proving their status as refugees.

"When we contacted the UNHCR, they did not know anything about the arrest of these two women. They promised to help but so far, we have not seen it," said Micheal Bwai* when interviewed in the days following the women's detention.

"It is hard for us to get the status as refugees but even for those who are successful, their papers are not recognised."

Indeed, the number of those who qualify for UNHCR protection is dismally low. According to the agency's Kuala Lumpur office, out of more than 2,000 applications by the Rohingyas since the early 1990s, only about 100 have been resettled in third countries.

These statistics are also verified by Burmese social workers who claim that out of some 470 applicants among the Chin community in Kuala Lumpur over the past two years, only 29 have been acknowledged as UNHCR-recognised refugees.

"This is a less than 10 percent approval rating and it is very low compared with the situation in other countries. For instance, the UNHCR office in New Delhi recognised over 90 percent of those who applied for refugee status over the last year," said Sui Khar, an India-based Chin social activist who was in Kuala Lumpur recently.

Weaker asylum claims

Asked about these charges, the UNHCR office in Kuala Lumpur denied that it applies rules any different from the agency's other offices.

"I have compared cases with the UNHCR India protection officer and there is not much difference in the criteria that we apply. There is less than five percent discrepancy," said KL-based protection officer Shinji Kubo when interviewed recently.

"The rate of approval is lower in Malaysia because many of the applicants have weaker claims. If they have the same claims, they will be recognised here as well."

According to Kubo, the UNHCR is mandated to offer protection only to those who are able to prove "well-founded" fear of persecution if they are returned to their country of origin.

"However, we suspect that among the reasons that many of them have arrived in Malaysia are the economic and employment opportunities. Many arrive in 1995 or 1996 when there was economic development but they did not approach UNHCR until recently because they did not need UNHCR then," he added in reference to the Chin immigrants.

"The office in New Delhi has recognised many Chin refugees since the early 1990s who are given residential status in India. Their presence in India is highly regularised because the Indian government tries to accommodate them. Why do they go to somewhere unfriendly and not to a friendly place?"

Different dilemma

However, when it comes to the Muslim Rohingyas, who are distinct in their plight as a people who have been denied citizenship status by the Burmese government, the refugee agency faces a different dilemma. The Rohingyas faced religious persecution from Rangoon's military regime.

"The Rohingya are a de facto stateless people The UNHCR cannot declare who is stateless and who is not. They have not been declared [as such] by the Burmese government. So all applicants have to be individually determined."

After the initial exodus of the Rohingyas from their home state in the early 1990s, the UNHCR negotiated agreements with the governments of Burma and Bangladesh, host to the largest Rohingya refugee population, to allow for safe repatriation as a long-term solution to the problem.

However, the failure of the UNHCR to adequately ensure improved conditions within Arakan state where the Rohingyas originate had led to a continuous outflow of asylum seekers from the area.

Furthermore, disconcerted and non-uniformed policies between governments also opened up opportunities for human traffickers to exploit the plight of genuine asylum seekers.

For instance, while the UNHCR has established repatriation agreements between Burma and Bangladesh, no such understanding exists between Rangoon's military junta and Malaysia, home to some 10,000 undocumented Rohingyas.

'Not appropriate'

According to Kubo, the Malaysian government's action in deporting the migrants to Thailand is "not appropriate" since humans should not be "dumped" in this manner. (See our report Deported Burmese immigrants held for ransom in Thailand

.)

A source from the Thai embassy confirmed that there is no regulation allowing for deportation of the Burmese into Thailand but said "illegal entry" by the Burmese "happens sometimes" because of the difficulty in securing the long border between the two countries.

"If Malaysia sends illegal Burmese to Thailand, [we] have to refuse them. It is up to the Malaysian Immigration Department to contact the Burmese Immigration Department, but we won't accept these persons," said the source.

However, when contacted, officer at the enforcement division of the Malaysian Immigration Department Ahmad Shukri Abdul Majid denied that the Burmese were deported across the northern border without the knowledge of the Thai authorities.

According to him, the Burmese are sent to Thailand as it is the shortest way by land back to Burma.

When asked if the policy still applies to those without travel documents, Ahmad said the Burmese are first advised to obtain these documents.

"When they have travel documents, [Thai authorities] have to accept [the Burmese] passing through. We also contact the various embassies first," he added.

Although a reprieve from this situation may be possible if the individual is recognised as a refugee by the UNHCR, the agency said it is limited by strict criteria provided under its mandate.

Convention not signed

However, this is made more difficult since Malaysia is not a signatory to the 1951 UN Refugee Convention, which obligates recognition of the agency's work.

"The Malaysian government has the option but not an obligation to respect the UNHCR refugee status. The Malaysian government's commitment is that it tries hard to keep up with human rights and humanitarian causes. However, the standing policy is not to recognise (refugees) because it might jeopardise diplomatic relationships," Kubo said.

The problem, according to Kubo, is compounded by the fact that although top officials in Malaysia's enforcement agencies have agreed to allow UNHCR's work, there is no system in between to reach the frontline staff. Hence, even the agency's 'mandated refugees' have not been spared from anti-illegal immigrants sweep operations by local authorities.

To the Rohingyas however, these are spurious arguments. The fact remains that as the finger-pointing and responsibility-pushing continues, they are the ones who have to live with fear, uncertainty and exploitation no matter where they go.

"We fulfill all the criteria to be recognised as refugees. The Burmese government does not accept that we are Rohingyas. They do not accept that we are citizens of Burma. We do not have the freedom of religion, the freedom of political belief. We have proven enough. Why don't they recognise us?" said an anguished Rohingya immigrant.

What the responsible bodies and governments have not acknowledged is that as they continue to ignore the plight of genuinely displaced people, deporting them unceremoniously will not provide a proper solution to the problem.

Instead, as is already happening, almost all of them return sometimes within days only poorer, weaker and more indebted than before.

(* Not their real names. )

This is the second of a two-part series on the plight of Burmese asylum seekers in Malaysia. The first part, Transported into the arms of human traffickers

appeared yesterday.