Prioritise legal framework on refugees, not shut down UNHCR office - Ideas

SHAH ALAM - The Institute for Democracy and Economic Affairs (Ideas) urges for greater priority to be given to ensure that a legal framework governing and protecting the rights of refugees and asylum-seekers is in place before considering any transition plans.

The think tank said this in response to the parliamentary reply on Oct 7 by then (and now caretaker) Minister in the Prime Minister’s Department (Special Functions) Datuk Abdul Latiff Ahmad to shut down the local UN High Commission for Refugees (UNHCR) office, in line with the government’s intention to take over the management of refugees in Malaysia.

Ideas chief executive officer Tricia Yeoh said as Malaysia was not a signatory to the 1951 United Nations Refugee Convention and its 1967 protocol, UNHCR has long been the main actor in safeguarding refugees and asylum-seekers in Malaysia by providing a broad spectrum of protection such as refugee status determination and resettlement.

Given the longstanding role of UNHCR in refugee and asylum-seeker management, she expressed concerns regarding the readiness of the government to take over this role, especially in the absence of a legal and institutional framework that governs and protects refugees and asylum-seekers.

“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 Refugee Convention or establish an alternative domestic policy and legal framework that aligns with the regulatory and protection components of the Convention to ensure that 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 Nation Human Rights Council, the country has a duty to uphold human rights in line with international standards and to prioritise the rights of vulnerable groups, including refugees and asylum-seekers,” she said in a statement on Thursday.

Meanwhile, Ideas research director Juita Mohamad said greater transparency and accountability should be included in the transition plans should the government expand its involvement in refugee and asylum seeker management.

She said an in-depth assessment of the government’s readiness and the ability to manage and resource the operations at international standards was needed for the transition.

“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,” she said.