COMMENT | I am deeply shocked and alarmed by the government's decision to host Myanmar's Min Aung Hlaing on an official visit to Malaysia. The visit, which begins today, was formally announced only yesterday.

The government said the visit will address the "voluntary, dignified and safe" return of Myanmar nationals held in immigration detention. Yet it has not provided details of the diplomatic assurances it has obtained, or how they will be guaranteed.

No one has independently verified who these detainees are. Citizenship cannot be assumed. The Rohingya are generally not recognised as Myanmar citizens, whereas Bamar, Chin and other ethnic groups usually are. Some detainees may be migrant workers whose permits have expired, who can lawfully be returned.

Others may be refugees with protection needs, including people fleeing the coup and the military's offensives in areas such as Chin State. Without screening by the United Nations High Commissioner for Refugees (UNHCR) or other independent bodies, no one can tell them apart, or say whether any return is truly voluntary.

Any engagement with Myanmar should have focused first and foremost on pressing for an end to the persecution and violence that have devastated Myanmar and stained Asean, not on the logistics of returns to unsafe conditions.

Malaysia cannot politically reward Min Aung Hlaing and a military regime that stands accused of orchestrating widespread persecution and violence, causing serious harm to civilians and forcing them to flee. Myanmar is likely to present this official visit as acceptance of its conduct and an erasure of its crimes against the Rohingya and Myanmar's civilians alike. It does nothing to create genuine prospects of safe return with rights.

Min Aung Hlaing and the military also face accountability efforts in several forums for the gravest international crimes. The International Court of Justice (ICJ) is considering whether Myanmar committed genocide in The Gambia vs Myanmar, with a decision expected soon.

The prosecutor of the International Criminal Court has sought an arrest warrant for crimes against humanity, and a federal court in Argentina has ordered his arrest under universal jurisdiction for genocide and crimes against humanity.

Undermining global efforts

Malaysia has supported accountability for Myanmar's crimes, most notably through the Organisation of Islamic Cooperation, which has backed The Gambia's case at the ICJ. Asean has also not endorsed the recent election, after which a pro-military Parliament elected Min as president.

It is deeply incoherent for Malaysia to now roll out the red carpet for the alleged perpetrator at the centre of these proceedings. It undermines the international efforts to secure justice for these heinous crimes.

Refugee management is the government's responsibility, as it is for every government that has to deal with people fleeing conflict and persecution. The issue is not unique to Malaysia. The answer must be sustained pressure on Myanmar, greater international responsibility-sharing, and resettlement.

Malaysia deserves credit for its historic generosity to refugees. But this political move endangers the very people who urgently need protection from the Myanmar military.

The invitation should never have been extended. Malaysia must immediately suspend further returns to Myanmar until UNHCR and other independent bodies can assess the detainees' citizenship, refugee status, protection needs and risks. It must also publicly disclose the full terms of any repatriation arrangement with Myanmar.

Malaysia must ensure that no person is returned to a situation where they face persecution, violence or a serious risk to their life or liberty.


ERIC PAULSEN is former Malaysian Representative to the Asean Intergovernmental Commission on Human Rights, and Lawyers for Liberty adviser.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.