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WAO is distressed to read Datuk Seri Radzi’s statement, as reported on page 12 in today’s New Straits Times, that the UNHCR “really gets in the way” of the work of agencies under the Ministry such as Rela and the Immigration Department. According to the news report, he added that the Malaysian government accepts UNHCR’s presence but not its powers.

This policy statement lends itself to a confusing and complex situation on the ground for refugees, police, Immigration officers and UNHCR itself. It is not clear, from the reported statement, what the Malaysian government’s position is on the role of UNHCR, nor what has led to the Minister’s statement

WAO is familiar with the plight of asylum seekers and refugees. For the past 5 years WAO social workers have counselled and assisted refugee women who have experienced sexual violence either in their home countries or in Malaysia. We have learned, through interacting with the community, that they became refugees because of political persecution and displacement through civil war in their home countries. Unlike migrants, these refugees did not choose to leave their countries but were forced to depart due to the very difficult living conditions.
As of the end of 2006, there are some 46,000 persons of concern registered with UNHCR in Malaysia, primarily from the Indonesian Province of Aceh and from Myanmar. These 46,000 persons turn to UNHCR for assistance – for registration, for determination of their refugee status and for help in resettlement. Raids that occur frequently because of the large number of undocumented people in Malaysia do result in detention of refugees who have been processed or are being processed by UNHCR.

As UNHCR is mandated to safeguard the rights and well-being of refugees, it has to step in to verify if any detainee is a registered refugee and to ensure that s/he is not subjected to refoulement, i.e. forced expulsion that may lead to them becoming a victim of human trafficking, or being imprisoned or killed in their home country. UNCHR has been playing this role for some time but it appears that relations have deteriorated between UNHCR on the one hand, and agencies such as Rela and Immigration on the other.

UNHCR has been in Malaysia since 1975 through the invitation of the Malaysian government, which has commendably recognised its humanitarian duty in protecting refugees. UNHCR is an enabling agency that can help both the refugees and the Malaysian government as it has detailed documentation and intelligence which is critical to both national and regional security issues.

WAO urges that Malaysia, as a member of the Human Rights Council, set human rights standards and lead by example. Immigration authorities, led by Datuk Radzi, and UNHCR should begin constructive dialogue to clarify their respective roles and to seek a just and practicable solution so that lives of refugees living in Malaysia are not at risk.

Ivy Josiah
Executive Director