“In the early 70s, Malaysia had faced the exodus of Vietnamese boat people into the country and finally they were successfully resettled in third countries with the assistance of the United Nations High Commissioner for Refugees (UNHCR).” - Deputy prime minister of Malaysia, High Level Summit on Addressing Large Movements of Refugees and Migrants 2016

Malaysia has a significant history of hosting refugees and asylum seekers fleeing from persecutions in their home country - doing its part as a responsible state. Today, there are 150,200 refugees and asylum seekers in Malaysia, from various countries, including Myanmar, Sri Lanka, Pakistan, Yemen and others, pending their resettlement to a third country.

The majority of refugees in Malaysia comprise of the Myanmar Muslim minority group, the Rohingyas - who are not recognised as citizens by Myanmar and continue to face a variety of appalling well-documented persecutions.

Last month, at the 71st Session of the United Nations General Assembly (UNGA), during the High Level Summit on Addressing Large Movements of Refugees and Migrants, the Deputy Prime Minister (DPM) Ahmad Zahid Hamidi reflected on Malaysia’s past and present contributions in hosting refugees. He renewed Malaysia’s commitment in providing assurance that it would not neglect its international obligations in addressing conflict induced migration.

This builds upon a similar tone set by the prime minister in his address at the 70th UNGA debate where the prime minister left the UNGA with an unmistakable tone of compassion depicting Malaysia’s readiness to assist refugees and asylum seekers - “People around the world cry out for our help. We cannot-we must not-pass on by”.

Several days later, in his address during the UNGA General Debate, the DPM highlighted the lingering problem pertaining to the lengthy periods involved in the resettlement of the existing refugee population in Malaysia. In the same address, the DPM urged the United Nations High Commissioner for Refugees (UNHCR) and other States Parties to the Refugee Convention and its Protocol to give serious attention and to promptly act on the delay.

He added that this delay would adversely create economic, social, political and security problems in the country.

Resettlement of refugees involves the transfer of refugees to a third state on a permanent basis. It is inherently a complex process that involves multiple layers of interviewing, vetting and verification done by a slew of different actors. Resettlement is certainly not definitive as it is often dependant on many factors. Considerations are multifold and include the number of recipient countries available, and the number of refugees that they are ready and able to receive.

This resettlement quota does not commensurate with the burgeoning number of refugees globally who are in need of resettlement (1.1 million in 2016 of which only a very small number of those in need are resettled). It is also very much dependant on whether an individual refugee has met the admission criteria set by the recipient country.

Ultimately, resettlement is not a right and that no country including States Parties to the Refugee Convention and its Protocol have any legal obligations to receive refugees. However, receiving countries continue to resettle refugees as generous and responsible nations. The complex mechanics of resettlement means that resettlement would inevitably take time.

Unlike economic migrants who are able to return home, refugees and asylum seekers do not enjoy this privilege, further adding to the complexity of the issue. This highlights the ever pressing need for a comprehensive solution to the issue.

At the High Level Summit, UNGA, Malaysia joined the united position of Governments from around the world, adopting the New York Declaration for Refugees and Migrants- renewing its commitments towards refugees and migrants, and calling for the development of a Comprehensive Refugee Response Framework intended to ease the pressures on the host countries involved.

While the necessity for a solution has gained significant traction at the global stage, the process of formulating this solution will take time and will require consensus amongst the many states involved.

Solutions based on the principles of burden sharing

To Malaysia, it is clear that the way forward is to pursue solutions based on the principles of burden sharing as opposed to burden shifting. It is true that no one country can manage irregular migration on its own. Malaysia’s personal experience in burden sharing was exemplified through its participation in the Comprehensive Plan of Action for Indo-Chinese Refugees from 1989 to 1997 (CPA).

The CPA was driven by the frustration of South-East Asian states and Hong Kong on the slow resettlement rates of the Vietnamese and Laotian refugees. Essentially, the CPA saw the cooperation between South-East Asian states in addressing the large influx of refugees as a region (through measures involved in receiving, processing and resettling refugees).

Earlier this year, 45 states at the 6th Ministerial Conference of the Bali Process recognised the precise need for burden sharing and collective responsibility in addressing the movement of refugees and asylum seekers in the region. Malaysia could benefit if these political commitments on burden sharing are put to action.

In addressing Malaysia’s concerns over the purported negative effects of refuges and asylum seekers in Malaysia, Malaysia could consider adopting pragmatic approaches such as such as through the regularisation of refugees by according them the legal right to work, thus allowing them to contribute effectively to the Malaysian economy.

In 2015, the World Bank in its Malaysia Economic Monitor report, underlined that Malaysia is highly dependent on foreign labour mainly in the low and mid-skilled jobs as Malaysians have become more educated and seek out higher-skilled jobs. The need for foreign workers continues to rise as Malaysia progresses towards becoming a developed nation by 2020.

Instead of hiring additional foreign migrant workers, Malaysia could allow the existing refugees and asylum seekers in the country to work while waiting for resettlement. The government could ensure that this is done in an appropriate manner through regulation by law.

The 2030 Sustainable Development Goals (SDGs) had explicitly recognised the positive contribution of migrants for an inclusive growth and sustainable development of a country. On this note, it is clear that refugees and asylum seekers can make significant contributions to the economy if allowed to work.

With an income, refugees will be able to contribute financially to Malaysia’s economy. This would enable refugees to overcome financial barriers in accessing and paying for health services, thus alleviating any pressure on our public health system. Further, refugee parents would also be able to afford to send their children to education centres.

The DPM had made clear the government’s concerns at the UNGA. At the same time, he took the opportunity to underline the humanity and generosity practised by the nation, in the past and at present. In continuing with this spirit, Malaysia could consider adopting pragmatic approaches, such as allowing refugees to legally work- which would be a zero-sum game for both the country and the refugees.

SHAUN KANG is a researcher in international law.