Govt will now manage refugees, MP says maybe 50-year transition

As the government confirms its intentions to transition into the role of the UN High Commissioner for Refugees (UNHCR) in Malaysia, Klang MP Charles Santiago says it may take more than 50 years for the country to meet international standards.

He reiterated his doubt over Malaysia’s readiness to take on the task of resettling refugees and asylum seekers anytime soon as he said the government lacks expertise and framework.

“This will jeopardise the resettlement of refugees and asylum seekers,” he stressed.

He also pointed out that the government’s contention that the UNHCR office was slow in resettling refugees was unfounded because that decision is made by receiving countries.

“Russia’s invasion of Ukraine has also averted the focus of receiving countries away from the situation in Myanmar, who have started receiving Ukraine refugees.

“Meanwhile the UNHCR has not been allowed access to any of the Immigration Department’s detention centres since 2019 to carry out interviews of refugees and asylum seekers,” he explained.

Since early last month, the permanency of the UNHCR office in Malaysia has come under doubt.

This was after National Security Council (NSC) director-general Rodzi Md Saad suggested the government was considering shutting it down to manage refugees in the country without “foreign interference”.

This suggestion was about three weeks before Prime Minister Ismail Sabri Yaakob’s speech at the UN General Assembly in New York where he raised the issue of Rohingyas.

Government will take over

Responding to Charles’ parliamentary question to Ismail Sabri on the matter, Minister in the Prime Minister’s Department (Special Functions) Abdul Latiff Ahmad confirmed the government did not intend to maintain UNHCR’s role in the country indefinitely.

“However, this transition needs to be implemented prudently and with due diligence, in addition to ensuring that government agencies are truly prepared to take over UNHCR's role, and therefore no longer need a UNHCR office in Malaysia.

“The UNHCR offices in Thailand and in Indonesia can represent UNHCR’s interest in relations to refugees in Malaysia,” he stated.

Latiff said the NSC was making improvements through structural reforms to existing policies on the management of refugees and asylum seekers.

He explained that the NSC was empowered to do so under Directive No 23 on the management mechanism for unauthorised foreign immigrants who are 2019 UNHCR cardholders.

He said the NSC was responsible for coordinating with relevant ministries and government agencies in managing refugees and asylum seekers.

“The government was in the midst of improving the management mechanism with an emphasis on strengthening the government’s refugee status determination process.

“Emphasis will also be given to establishing a special committee at the highest level of government and the administration of a social support system for refugees and asylum seekers,” he said.

On Sept 8, the UNHCR shared with Malaysiakini that it has begun close discussions with the Foreign Affairs Ministry on a framework of cooperation in managing refugees in the country and was committed to a gradual transition.

The agency said through a government-initiated joint task force, co-chaired by itself and the Foreign Affairs Ministry, there have been years of discussions on a framework of cooperation for managing refugees in the country.

Meanwhile, the Home Ministry launched a Tracking Refugees Information System (Tris) in 2017 and on Sept 7 this year, called on all UNHCR cardholders to register with the system for the MyRC identity card to qualify for consideration to access facilities provided by the government.

It was reported that Tris was implemented by Barisan Mahamega Sdn Bhd with the former head of the police’s special branch Akhil Bulat as chairperson.

Charles, who is also a member of the parliamentary special select committee on fundamental liberty and constitutional rights, demanded public scrutiny on the matter.

He said the ministry may want to privatise more of the refugee management efforts to other crony companies.

‘Rigorous procedure’ by UNHCR

In explaining the agency’s entry into Malaysia, Latiff said the UNHCR was invited to manage Vietnamese refugees in the country in the 1970s who have all since returned to their country or been resettled.

Latiff said the UNHCR office in Malaysia was currently viewed as an attraction factor causing an influx of migrants looking to obtain the UNHCR card which would allow them to remain here.

“Therefore, the government has taken the initiative to improve existing policies and laws to play a prominent role in tackling this issue,” he said.

Meanwhile, the UNHCR website explains that its solution for refugees was to assist with voluntary repatriation, local integration, or resettlement to a third country.

It reveals that of the 119,910 submissions for resettlement since 2005, 75 percent have been resettled.

In 2017 alone, 87 percent of the 2,379 resettlement submissions were resettled.

On Sept 20, the UN agency based in Malaysia reiterated its statement made in May, that UNHCR documentation was only issued to individuals verified as refugees or asylum-seekers and in need of international protection.

This, it said, was regardless of which country they were from or how they arrived in Malaysia.

UNHCR asserted that individuals presenting themselves at its office do not automatically receive documentation and that all asylum-seekers must undergo a rigorous procedure and fulfil the refugee definition.

The UNHCR Asia Pacific office revealed in April that it has not received approval from immigration authorities to access any immigration detention centres in Malaysia since August 2019.

Meanwhile, it was revealed that refugees were being held in immigration detention centres when on May 20, 528 detainees at a temporary immigration detention centre broke free.

Six, including two children, were killed in a road accident on the North-South Expressway while making their escape from the centre in Penang.

Additionally, a Rohingya mother died in detention in July after she was not granted access to UNHCR to verify the status of her and her five children as legitimate cardholders.

She arrived in Malaysia with her children in January 2021 as UNHCR cardholders issued in Indonesia.

‘Elements of torture’ of refugees

Beyond Borders founder and president Mahi Ramakrishnan said calls to shutter the UN agency in Malaysia following the prime minister’s speech at the recently concluded UNGA raises questions about Ismail Sabri’s legitimacy.

“Ismail Sabri and Foreign Affairs Minister Saifuddin Abdullah scored brownie points for raising the issue of the Rohingya at UNGA.

“Just because Latiff wants to manage refugees without acceding to international instruments, it doesn’t mean we can violate principles of customary law, such as the non-refoulment principles

“It’s common knowledge that refugees are also being held in detention where there are elements of torture but torture is a jus cogens norm and non-derogable even if we haven’t ratified the Convention against Torture,” Mahi clarified.

She also alluded to having to teach Latiff the difference between refugees and migrants, while explaining that no migrant is given a UN card to enable them to live here.

“He must also understand that it’s the push factor and not the pull factor that forces people to flee their homes. These essentially are internal wars, conflict, and persecution.

“I hang my head in shame because my country has the audacity to call for the UNHCR to be shut down while sitting on the UN Human Rights Council,” she said.

Mahi said she was deeply saddened by the announcement “because it shows who we are as a country and a people.”

“If we can’t create an environment where 500,000 refugees and asylum seekers, who have come to our shores can live in dignity and where they are protected, then we have lost our humanity,” she declared.

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