Ideas: Better legal framework needed before local UNHCR office shuttered

The Institute for Democracy and Economic Affairs (Ideas) raised concerns about the government’s readiness to transition into the role of the UN High Commissioner for Refugees (UNHCR).

The think tank urged for a reconsideration of plans to shut down the local UNHCR office, as greater priority must be given to ensuring that a legal framework in governing and protecting the rights of refugees and asylum-seekers is in place before considering any transition plans.

This includes ratifying the 1951 United Nations Refugee Convention, of which Malaysia is not a signatory, said Ideas chief executive officer Tricia Yeoh.

“For the government to demonstrate its commitment and readiness to take over refugee and asylum-seeker management, it has to first and foremost ratify the 1951 (United Nations) Refugee Convention or establish an alternative domestic policy and legal framework that aligns with the regulatory and protection components of the convention to ensure Malaysia complies to international standards.

“Without such a framework, refugees will continue to be excluded from economic opportunities as well as fundamental rights to education and healthcare.

“More importantly, as a member of the United Nations Human Rights Council, the country has a duty to uphold human rights in line with international standards and prioritise the rights of vulnerable groups, including refugees and asylum-seekers,” she said.

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 said the government was considering shutting it down to manage refugees in the country without “foreign interference”.

Minister in the Prime Minister’s Department (Special Functions) Abdul Latiff Ahmad confirmed later confirmed the government did not intend to maintain UNHCR’s role in the country indefinitely in a parliamentary reply to incumbent Klang MP Charles Santiago.

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

Ideas, however, highlighted the importance of transparency and accountability in the government’s transition plans, should it expand its involvement in refugee and asylum seeker management.

“There is a need for an in-depth assessment of the government’s readiness and its ability to manage and resource the operations at international standards, should the transition take place.

“More importantly, the government must consult with relevant stakeholders including the refugee community and civil society organisations on the ground with regards to its transition plans as this will have significant implications on the lives and livelihoods of refugees and asylum-seekers themselves,” said Ideas research director Juita Mohamad.

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