The Malaysia Bar Council and human rights groups condemned the recent bilateral agreement between Malaysia and Australia to ‘trade’ asylum-seekers, pointing out that Malaysia is not a state party to the United Nations Convention relating to the Status of Refugees.

This is compounded with the fact that Malaysia has an appalling track record of handling asylum-seekers and refugees.

Bar Council president Lim Chee Wee described that it is irresponsible for Australia, as a state party of the convention, to “pass the buck” and abdicate its international obligations under the convention.

“Indeed, Malaysian law does not even recognise the concept of asylum-seekers or refugees. Instead, it treats all undocumented persons as ‘illegal immigrants’, and subjects them to imprisonment and whipping,” he said in a statement.

Human rights watchdog Suaram called the agreement “illegal” as Malaysian laws do not recognise both asylum-seekers and refugees.

“Based on this, the Australian government is effectively violating the international customary law of non-refoulement, which prohibits the return of people to places where they may face persecution or threats to their life or freedoms,” read a statement released by the group.

Meanwhile, rights group Lawyers for Liberty was extremely shocked and concerned with Australia’s plan to “outsource” its international obligation to a country which does not recognise asylum-seekers or refugees.

“They are unable to work legally and live in perpetual fear of raids, arrest and harassment. Consequently, they live in the margins of society, constantly in hiding and living in poverty.

“When arrested they are detained at detention centres for several months, sometimes even years, before being charged, jailed, whipped (men only) and deported, mainly to the Thai border - and some find themselves sold to human traffickers,” said the group.

It also highlighted the official record that there were 2,571 detainee deaths in prisons, rehabilitation centres and immigration detention centres between 1999 and 2008.

The bilateral agreement will allow Australia to send 800 asylum-seekers who have been detained by the Australian authorities to Malaysia. In return, Australia commits itself to accepting for resettlement 4,000 refugees currently in Malaysia, over a period of four years.

Malaysia urged to ratify convention

The groups urged the Malaysian government to ratify the convention and establish a proper and comprehensive framework for dealing with the situation of asylum-seekers and refugees who are already in this country.

Suaram also called on Australia to urge the Malaysian government to ratify the convention.

According to a report by German news agency dpa, the 800 asylum-seekers are likely to come from Iran, Iraq or Afghanistan, while the 4,000 who will arrive in Australia over the next four years are likely to be mostly dirt-poor Burmese assessed as genuine refugees by the United Nations and who who crossed into Malaysia from Thailand, having fled the military rule in Burma.

It was reported that Australia Prime Minister Julia Gillard’s Labor government is desperate to blunt attacks from the opposition Liberals over the people-smuggling issue.

However the opposition maintained that the “five-for-one deal” is more favourable to Malaysia.