Burmese - the biggest group of asylum seekers in Malaysia

It is estimated that there may be about 600,000 undocumented migrants from Burma in Malaysia, and today it has been disclosed in Malaysian Parliament that Burmese are the largest number of asylum seekers in Malaysia...

KUALA LUMPUR: Myanmar nationals are the largest number of asylum seekers in Malaysia, the Dewan Rakyat was told Monday.

Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Aziz said until Aug, 7,582 of the total 10,850 asylum seekers were Myanmar nationals.

Statistics by United Nations High Commission for Refugees (UNHCR) in Kuala Lumpur showed there were 94,843 'persons of concern' where 83,993 were refugees and 10,850 were asylum seekers.

"Of the total, 67,145 were men and 27,698 women with Mynamar nationals the majority with 7,582 asylum seekers," he said in a written reply to Lim Lip Eng (DAP-Segambut) here.

Lim asked about the number of refugees and asylum seekers in Malaysia and laws that guarantee their welfare and safety while in detention.

Nazri said although Malaysia did not sign any agreement on refugees, no illegal immigrants holding UNHCR cards had been arrested on humanitarian grounds.

Malaysia is not signatory to United Nations Convention Relating to The Status of Refugees 1951 and Protocol Relating to The Status of Refugees 1967.

"Malaysia has allowed the refugees to stay here temporarily until they are relocated to a third country," he said.

However, since Malaysia did not sign any agreement on refugees, the government could not guarantee their welfare and safety. - Bernama- Star, 10/10/2011, Myanmar nationals top asylum seekers’ list

Australia in controversial refugee swap (DVB, 9/5/2011)

Australia in controversial refugee swap

By JOSEPH ALLCHIN
Published: 9 May 2011

Burmese are seen among detained migrants at Malaysia's Semenyih camp (Reuters)

Australia has struck a deal with the Malaysian government to accept thousands of refugees, mostly Burmese, living in the country in return for Malaysia taking on the burden of hundreds of boatpeople that arrive in Australia each year.

Canberra’s Labour government announced that it will send around 800 asylum seekers to camps in Malaysia over the next four years, whilst taking 4,000 UN-processed refugees who live there in crowded camps awaiting resettlement.

Australia will foot the bill for the deal, paying Malaysia a reported $AUS300 million ($US322.8 million). Immigration minister Chris Bowen said in a statement that the main message of the so-called Regional Cooperation Framework was for asylum seekers heading to Australia to “[not] get on that boat.”

Thousands of asylum seekers arrive by boat in northern Australia each year after gruelling, often hazardous, sea journeys. But the deal, Bowen said, “will help put people smugglers out of business and prevent asylum seekers making the dangerous journey to Australia by boat.”

Under the arrangement, a statement said, those send to Malaysia would be placed at the “back of the queue” for resettlement. This comes despite the falling numbers of ‘boatpeople’, as sea-bound refugees are often termed – the Independent newspaper notes that 940 asylum seekers arrived by boat this year compared with some 2,000 in the corresponding period last year.

The agreement was a result of the 4th Bali Process Regional Ministerial Conference on people trafficking in March. Activist Pranom Somwong alleged that the deal used anti-trafficking rhetoric, when in actual fact the Australian government was seeking to placate a distinctly anti-immigrant sentiment amongst Australia’s population, many of whom, including Prime Minster Julia Gillard and leader of the opposition Tony Abbot, are recent immigrants themselves.

The two, both of whom or who’s families arrived under Australia’s previous immigration policy, termed “White Australia”, which officially ended in 1973, have themselves been accused of racism.

Ian Rentoul, from the Refugee Action Coalition of Australia, earlier told DVB that “the racism of the Labour party is quite disguised”, whereas “the racism of the Liberals is very much on display”. Liberal leader Abbott is famous for statements such as “the great prize of Australian citizenship is insufficiently appreciated and given away too lightly”.

Gillard defended herself from critics when she told the Australian Broadcasting Corporation: “For people to say they’re anxious about border security doesn’t make them intolerant. It certainly doesn’t make them a racist – it means they’re expressing a genuine view.”

Of the bilateral agreement, Abbot told the BBC that “Today we’ve seen a panicked announcement from a government which is proving yet again that it’s both untrustworthy and incompetent,” despite the policy being appropriated from Abbot’s right leaning Liberal party.

Australia has been criticised in the past for the practice of offshore detention camps started by former Liberal party Prime Minister John Howard, who built various immigration centres in the Pacific nations of Papua New Guinea and Nauru. He said in 1988 that “it would be in our immediate-term interest and supporting of social cohesion if it [Asian immigration] were slowed down a little.”

These centres have also been under the spotlight, with the thousands detained each year often kept in conditions that have sparked numerous protests, with one Burmese man earlier this year setting himself alight.

Malaysia-based human rights lawyer Charles Hector has asserted that Malaysia is already home to roughly five million undocumented migrants, with those unfortunate enough to find themselves in detention centres also regularly protesting the dire conditions.

The Malaysian government is routinely criticised for its refusal to become a signatory to the UN High Commissioner for Refugees (UNHCR). Elaine Pearson, deputy Asia director of Human Rights Watch (HRW), earlier told DVB that detainees were subject to malnutrition and disease, whilst government officials had profited from the trade in people. The US government has repeatedly condemned Malaysia’s track record on human trafficking.

Recent cases have also painted a negative picture of the Malaysian justice system. Lawyer Hector is currently in court facing charges of defamation for publicly defending Burmese migrant workers who were not receiving their contractual dues. The company in question, Asahi Kosei, hit back by saying that the workers were not employed by them, but rather brokers, a system that critics say abrogates legal responsibility from employers. - Democratic Voice of Burma, 9/5/2011, Australia in controversial refugee swap

Malaysian Detention Centres are already overcrowded - so why accept to house asylum seekers already in Australia?

Malaysian Detention Centres are already overcrowded - so why accept to house asylum seekers already in Australia?

Malaysian detention centers currently housing alleged undocumented migrants, which would include asylum seekers and others, are already overcrowded - and detainees and civil society have been protesting for better and more humanitarian detention conditions. 

When complaints of detainees fall on 'deaf' ears of the detaining authority and Malaysian government, there have been 'protests' - some of which have even resulted in fires and breakouts. Most recent have been the protests in the Lengeng Detention Centre. [See earlier posts:-Lenggeng Immigration Depot breakout - Investigate the root causes]

 

When asylum seekers reach Australia and claim for asylum, Australia should be housing these asylum seekers in Australia while the Australian government processes their applications....It is odd that they do not want to house them in Australia and was seeking other countries to house them...

Malaysia also have hundreds of thousands of asylum seekers and refugees that come to Malaysia  seeking asylum and refugee status - but whilst their application are being processed by the relevant bodies, they are all in Malaysia. Malaysia does not try to 'group them and dump them' in some other country....

There are already about 5 million undocumented migrants in Malaysia, which also includes tens of thousands of asylum seekers and refugees - so, I am shocked to learn that Malaysia has agreed to accept about 800 more asylum seekers from Australia. (This number would increase as more and more asylum seekers go to Australia). 

Why does Malaysia do this? The report says that in response Australia will accept 4,000 refugees per year. As a member of the UN, Australia already has an obligation to accept asylum seekers and refugees - and we already have tens of thousands of persons already accorded refugee status still waiting to be re-located in a 3rd country, like Australia who has the space and the capability to accept refugees. We have even more persons (maybe over 100,000 more) still waiting for asylum seeker/refugee status.

Even after persons get refugee(or asylum seeker status), and those still in the process of application are not provided housing and board in Malaysia, and they are just left to fend for themselves. Not having the right to legally work, and given the fact that Malaysian law does not recognize refugees and asylum seekers, they are all treated as 'undocumented' migrants who will be subject to arrest, detention and even deportation. 

Malaysia already has its own problems - and it makes no sense that Malaysia has now agreed to accept these persons who went to Australia seeking asylum and refugee status.

Further, would it also not be discriminatory and prejudicial when these persons in Australia seeking asylum are Malaysians - surely the return of Malaysian asylum seekers to Australia would be an act of 'non-refoulement' ...and an act contrary to universal principles and law.

Australia must revoke this agreement and keep their asylum seekers, now already in Australia, in Australia - not send them to some other country.

 

May 07, 2011

Malaysia, Australia Agree On Cooperative Transfer Of Asylum Seekers

KUALA LUMPUR, May 7 (Bernama) -- In a move to combat people smuggling and irregular migration in the Asia-Pacific region, Malaysia and Australia today announced a new bilateral arrangement which entails among others, an agreement for a cooperative transfer of asylum seekers.

In a statement issued by both governments, they said that under the new arrangement, asylum seekers arriving by sea in Australia would be transferred to Malaysia.

In exchange, Australia would expand its humanitarian programme and take on a greater burden-sharing responsibility for resettling refugees currently residing in Malaysia, the statement said.

Both prime ministers agreed that the core elements of the arrangement would include the transfer of 800 irregular maritime arrivals, who arrived in Australia after the date of effect of the arrangement, to Malaysia, for refugee status determination.

"In return, over four years, Australia will resettle 4,000 refugees already currently residing in Malaysia," the statement added.

The statement added that the transferees would not receive any preferential treatment over asylum seekers already in Malaysia.

"Transferees will be provided with the opportunity to have their asylum claims considered and those in need of international protection will not be refouled," it said.

Both governments also pledged to treat transferees "with dignity and respect and in accordance with human rights standards."

Australia would fully fund the arrangement, it added.

Both leaders said the bilateral agreement signed by both of them was part of the Regional Cooperation Framework agreed to at the Bali Process Ministerial Conference in Bali, Indonesia on March 30 this year.

They said that both countries were working closely with the United Nations High Commissioner for Refugees (UNHCR) and the International Organisation for Migration (IOM) to operationalise the arrangement.

Najib and Gillard said the complex nature of irregular migration, which they said was closely linked to the crimes of human trafficking and people smuggling, cannot be solved by acting alone but "must be tackled by countries forming cooperative arrangements under the auspices of regional and international frameworks."

They said the implementation of this one-off pilot project would be important "to undermine the business model of transnational criminal syndicates" particularly in people smuggling and human trafficking in this region.

The Malaysian and Australian governments had asked senior officials to finalise a memorandum of understanding in the near future to set out detailed arrangements, the statement added.

-- BERNAMA

Australia must call off asylum seeker “outsourcing” deal with Malaysia

Press Release : Australia must call off asylum seeker “outsourcing” deal with Malaysia

On 7.5.2011, Australia and Malaysia announced a bilateral agreement which sought to transfer up to 800 asylum seekers who have arrived in Australia by sea to Malaysia while their asylum claims are being process by the UNHCR. In return, Australia will resettle 4,000 refugees currently residing in Malaysia over a period of four years.

While Australia’s agreement to accept more refugees for resettlement is commendable, Lawyers for Liberty is however extremely shocked and concerned by Australia’s plan to forcefully deport asylum seekers and “outsource” its international obligation to protect refugees as defined under international law including the 1951 Refugee Convention which Australia is a party to.

Let there be no doubt: Malaysia has a horrendous track record – infamous for its ill and brutal treatment of refugees and other undocumented migrants and has been consistently ranked as one of the world’s worst place for refugees to be in.

Malaysia is not a state party to the Refugee Convention and in the absence of a comprehensive national legal and administrative framework for the protection of refugees, this transfer deal will certainly violate the rights of the refugees including the right not to be forcefully deported; the right to life, liberty and security of the person; and the right to freedom from torture or cruel, inhuman, or degrading treatment or punishment.

In Malaysia, refugees and asylum seekers are still treated as undocumented migrants and subjected to harsh immigration laws and policies. Without documents, 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.

In May and September 2009, eight Burmese detainees died in two detention centres due to Leptospirosis, an infectious disease caused by water or food contaminated with animal urine. Detention conditions are deplorable and inhumane – overcrowding, sweltering, lack bedding, poor hygiene and sanitation, insufficient and poor quality food, irregular access to clean water and medical treatment, all of which fall far short of minimum international standards. Serious abuse by detention centre staff is also common, including arbitrary beatings.

The then Home Minister Datuk Seri Syed Hamid Albar reported to Parliament that between 1999 and 2008, there were 2,571 detainee deaths in prisons, rehabilitation centres and immigration detention centres. In December 2008, former Suhakam Commissioner Datuk Siva Subramaniam said 1,300 foreigners died in detention during the past six years due to lack of medical treatment and neglect.

How can the Australian government be blind to Malaysia’s severe and brutal treatment of undocumented migrants and refugees and “outsource” its responsibility, without seriously undermining the rights, well being and safety of the refugees?

Australia, being a state party to the Refugee Convention, instead of working hand in hand with Malaysia to punish and deter refugees, should strive to formulate policies that are protective of refugees and consistent with its international obligation. It can start by calling off this terrible outsourcing deal.

Issued by Lawyers for Liberty

9 May 2011

Fadiah

Can refugees work? Can migrant children get education in Malaysia? The government answers

Still thinking - whether education for all, refugee can work?

In Malaysia, there were more than 2 million documented migrants, and, in my estimate, more that 5 million undocumented migrants, of which only about 200,000 at most may be asylum seekers and/or refugees. Whilst the majority of undocumented migrants are from neighbouring Indonesia, it is estimated that there are about 700,000 undocumented migrants from Burma.

Given this fact, one must be more concerned about these undocumented migrants, their children and families. What about their healthcare, education, etc...?

Of late, there has been talk that the Malaysian government is considering to allow asylum seekers/refugees to work in Malaysia whilst they await their departure to the 3rd country, and Member of Parliament for Seputeh asked some relevant questions and have gotten some answers. I have pasted the relevant posting from her blog, and have taken the liberty to do a rough translation of the question asked by her, and the answers from the Malaysian government. The rough translation is in bold red colour.

From my reading of the answers:-

* Malaysia does not recognize refugees - there are undocumented migrants.

* Malaysia has no specific laws for refugees - and as such asylum seekers/refugees are all dealt as document migrants or undocumented migrants under the Immigration Act - maybe besides asking for the ratification of the UN Convention, we could ask Malaysia to have a specific Malaysian law to govern asylum seekers/refugees and their families/dependents. The Malaysian government can have their own procedure and standards on conferring a person the status of asylum seeker (temporary or permanent), or even refugee status.

* Can refugees work? Well, the government is still studying the possibility

* Can children of refugees/undocumented migrants get education? No chance for formal education in government schools, etc BUT the government is ready to work with other in providing " alternative education" - very vague answer. 

No jobs for refugees and no education for refugee children, says Foreign Ministry

June 19th, 2010 by Teresa Press

The Foreign Ministry’s response to my Parliament question shows us how little the Government cares for the refugees in Malaysia. Not surprising that just three days ago, a report released by Amnesty said that Malaysia is a “dangerous” place for refugees who were often often abused, arrested and “treated like criminals”.

Once again, I urge the Ministry of Human Resource to give temporary work permits to the refugees in Malaysia. This will not only help them survive while they are being processed by UNHCR, but will also help ease Malaysia’s labour shortage which is ultimately to our own benefit. Enough of the “masih mengkaji” excuse!

Pertanyaan: Bagi Jawab Lisan [Question for an Oral Answer]
Daripada: YB Puan Teresa Kok Suh Sim [Seputeh]
Tarikh: 9 Jun 2010
Soalan: YB Puan Teresa Kok Suh Sim minta Menteri Luar Negeri Menyatakan bilakah kerajaan akan membenarkan orang pelarian negara asing di Malaysia untuk bekerja di Malaysia? Apakah langkah diambil oleh kerajaan untuk memberi pendidikan kepada golongan generasi kedua orang pelarian tersebut?

Member of Parliament Teresa Kok Suh Sim asks the Minister of Foreign Affairs to state when the government will allow foreign refugees in Malaysia to work in Malaysia? What are the steps taken by the government to provide education for the 2nmd generation of these refugees?

Jawapan:

Tuan Yang Di Pertua,
Saya mengucapkan terima kasih kepada Yang Berhormat Seputeh ke atas soalan yang dikemukakan.

Tuan Yang Di Pertua,
2. (sic) Untuk makluman Dewan sekalian, Malaysia bukan merupakan negara pihak kepada Konvensyen Berkaitan Status Orang-Orang Pelarian 1951 dan Protokolnya 1967 (Convention Relation to the Status of Refugees 1951 and its Protocol 1967), yang menjadi asas bagi menentukan taraf pelarian bagi seseorang individu. Kerajaan berpendapat sekiranya Malaysia menjadi negara pihak Konvensyen tersebut, dan disoking oleh faktor kedudukan geografi Malaysia yang strategik di rantau Asia Tenggara, ianya akan menjadi faktor penrik kepada individu-individu datang ke Malaysia dan menuntut taraf sebagai orang pelarian, padahal, mereka sebenarnya datang ke Malaysia atas alasan mencari nafkah.

For the information of this House, Malaysia is not a party of the Convention Relation to the Status of Refugees 1951 and its 1967 Protocol, which forms the basis of determination of refugee status of an individual. The government, is of opinion, that if Malaysia becomes a party to that Convention, and considering the factor of Malaysia's geographical location that is strategic is South East Asia, it will certainly be a pull factor for individuals to come to Malaysia and claim refugee status, when in fact, they really come to Malaysia to earn a living.

3. Oleh kerana tidak ada undang-undang khas bagi orang pelarian di negara ini, isu orang pelarian adalah tertakluk di bawah Akta Imigresen 1959/63 (Pindaan 2002), di mana ke semua mereka dianggap sebagai Pendatang Asing Tanpa Izin (PATI).

Since there is no specific laws for refugees in this country, the refugee issue comes under the Immigration Act 1959/63 (Ammended 2002), whereby they are all considered Foreign Migrants Without Permission (PATI)

4. Memandangkan orang-orang pelarian ini dianggap sebagai Pendatang Tanpa Izin (PATI), dan dengan ketiadaan dokumen pengenalan diri yang sah, ini menyukarkan pendatang tanpa izin ini memasuki alam pekerjaan. Dokumen pengenalan diri yang dikeluarkan oleh pihak UNHCR tidak diiktiraf oleh pihak Kerajaan kerana Malaysia bukan merupakan negara pihak kepada Konvensyen Berkaitan Status Orang-Orang Pelarian 1951 dan Protokolnya 1967.

Considering the fact that these refugees are considered as Foreign Immigrants Without Permission (PATI), and in the absence of valid identification documents, it is difficult for these Foreign Migrants Without Permission (PATI) to enter into employment. Identification documents issued by the UNHCR is not recognized by the government since Malaysia is not a party to the Convention Regarding Status of Refugees 1951 and its 1967 Protocol.

5. Saya difahamkan bahawa Kementerian Sumber Manusia masih mengkaji dengan teliti cadangan membenarkan PATI yang mendaftar dengan pihak UNHCR di negara ini bekerja secara sah di Malaysia. Ini memandangkan terdapat beberapa isu perlu dikupas seperti pentapan sektor yang benar-benar sesuai dengan mereka yang berkenaan yang terdiri daripada pelbagai warganegara, agar tidak menjejaskan peluang untuk rakyat tempatan mendapatkan peluang pekerjaan.

I am given to understand that the Ministry of Human Resources is still studying thoroughly the proposal of allowing Foreign Migrants Without Permission(PATI) registered with the UNHCR to work legally in Malaysia. This is because there are several issues that have to be considered thoroughly such as the determination of the sectors that is truly suitable for them that come from various nationalities, so that it does not affect the opportunities of local citizens  from getting jobs.

6. Mengenai pendidikan untuk generasi kedua PATI yang mendaftar dengan pihak UNHCR pula, Kementerian Pelajaran Malaysia tidak mempunyai dasar bagi memberi pendidikan formal kepada generasi kedua PATI yang telah mendaftar dengan pihak UNJCR memandangkan mereka tidak mempunyaiu dokumen pengenalan diri yang sah. Walau bagaimanapun, selaras dengan usaha memberi pendidikan untuk semua, Kementerian Pelajaran Malaysia sentiasa bekerjasama dengan pelbagai agensi sama ada dalam kerajaan, pihak swasta dan badan-badan bukan kerajaan (NGOs) dalam menyediakan pendidikan alternatif kepada generasi kedua pendatang-pendatang yang berkenaan.

 On education for the second generation of Foreign Migrants Without Permission (PATI)which have been registered with the UNHCR, the Education Ministry have no policy for providing education for the 2nd generation of PATI registered with the UNHCR given the fact that do not have valid self identification documentation. However, in line with the effort to provide education for all, the Malaysian Education Ministry is always ready to cooperate with various agencies be they in government or not, the private sector and non-governments; organizations(NGOs) in providing alternative education to the 2nd generation of these migrants.

Sekian, terima kasih.

Malaysia considering allowing refugees to work

Malaysia may be allowing refugees to work in Malaysia (Would that also extend to all asylum seekers? - i.e. those seeking refugee status...where process is still not yet over and they have yet to be classified as UNHCR recognized Refugees). Logically, it should....

I wonder whether all this had anything to do with Najib's visit to the US to meet Obama - wonder whether they will still be considering this proposal seriously now that the meeting with Obama is in the past...

Meeting of government bodies on refugee workers next week

Pearl Lee

Thursday, March 11th, 2010 11:53:00 [Malay Mail]

 

PETALING JAYA: The proposal to allow refugees to work in Malaysia will be discussed between the Home Ministry and government agencies on March 16.

Ministry secretary-general Datuk Seri Mahmood Adam said it would be attended by representatives from relevant ministries and agencies including the Ministries of Home Affairs, Human Resource, International Trade and Industry, Agriculture and Foreign Affairs, the National Security Council, Immigration Department and United Nations High Commissioner for Refugees representatives.

"The ministries need to attend the meeting because of the various industries that these refugees may be working in," he said.

The proposal to allow refugees to work in the country was announced by Home Minister Datuk Seri Hishamuddin Hussein last month.

The plan is to allow some 80,000-odd refugees in the country seek employment.

The call by Hishamuddin was made after various sectors had asked the government to allow refugees to work here while waiting to be resettled in a third country.

Several parties, including the Malaysian Trades Union Congress, had called on the government to allow refugees to work, particularly in labourstrapped sectors, instead of importing more foreigners.

Second proposal to employ refugees NST (16 February 2010)

KUALA LUMPUR:The Human Resources Ministry will present to the cabinet another proposal allowing the 90,000-odd refugees in the country to work.

Minister Datuk Dr S. Subramaniam said he had put up a case to the cabinet some time ago, but no decision was taken then.

 He said he believed it would be a good move now to employ the refugees. "I will bring it up again and see what we can do," he told the New Straits Times.

"Personally, l would like them (refugees) to work. They have to survive. Obviously (while here) they are working to survive and eat. So, might as well legalise it and regulate it. That is a better thing.

"Subramaniam said utilising refugees as a workforce while they waited to be resettled elsewhere would also prove beneficial to the country's economic well-being.

He was asked to respond to a call by the Malaysian Trades Union Congress, which wanted the government to allow refugees to work in labour-strapped organisations instead of the country importing foreign workers.

MTUC secrectary-general G. Rajasegaran had said the thousands of refugees now in the country could be easily absorbed as workers in various industries.

By doing so, the government would not only be able to save millions of ringgit in sustaining these refugees, but would also gain recognities for being a humane country, he said.

Rajasegaran was commenting on the recent announcement that 100,000 new visas were approved for foreign workers in the last three months.

 Latest figures revealed by Home Minister Datuk Seri Hishamuddin hussein showed there were 1.2 million legal foreign workers in Malaysia. There are believed to be an equal number of illegal or undocumented workers.

According to the United Nations High Commissioner for Refugees(UNCHR), Malaysia hosts some 90,000 refugees.