Malaysias policy of deporting Burmese to Thailand slammed
exclusive
The United Nations refugee agency said it is "not appropriate" for the Malaysian government to deport Burmese migrants into Thailand since there is no formal agreement between the two countries on the matter.
The UN High Commission for Refugees (UNHCR) Protection Officer Shinji Kubo told
malaysiakini
the government should instead find a temporary solution to deal with the presence of illegal Burmese immigrants in the country.
A source from the Thai Embassy confirmed that there is no agreement with Malaysia allowing for deportations of non-Thai nationals but said "illegal entry" by Burmese migrants "happens sometimes" because of the difficulty in securing the long Malaysian-Thai border.
"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 Shukri Ismail said the Burmese are only sent to Thailand as it is the shortest way by land for them to return to their own country.
"We advise them to get their travel documents... When they have travel documents, [Thai authorities] have to accept [the Burmese] passing through. We also contact the various embassies first," he said.
Human traffickers
Malaysia's policy of deporting Burmese migrants across the northern border without informing the Thai authorities have led to the deportees falling prey to human traffickers in southern Thailand.
The traffickers who wait for them across the border would hold them for ransom at gunpoint.
The deportees are forced to pay a hefty sum to be freed. Those who failed are either sold to fishing trawlers to work in the high seas or handed over to Thai authorities.
For an additional payment, the traffickers could smuggle the deportees back in Malaysia.
The problem is compounded by Malaysia's failure to recognise refugees who have received UNHCR's approval to be re-settled in a third country.
According to Kubo, 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.
Bad track record
Meanwhile, the UNHCR has also come under fire by Burmese activist groups for its low approval rating for refugee applications compared to other countries.
According to Burmese Chin activists, out of 470 applications over the past two years, only 29 have been acknowledged as UNHCR-recognised refugees.
"This is less than 10 percent approval rating and it is very low compared to the situation in other countries," said an India-based Chin activist, adding that the New Delhi recognised the claims of over 90 percent of its applicants.
However, Kubo said the rate of approval is lower in Malaysia because many of the applicants in Malaysia have weaker claims to justify their recognition as refugees.
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