MALAYSIA need not wait to be party to the United Nations’ 1951 Refugee Convention to grant refugees the right to work legally, said advocacy group Refugee Action for Change (ReAct).

For more than a year now, the government has mulled a proposal to allow refugees to seek employment, but it last month said a cabinet sub-committee was further studying the idea.

ReAct, a refugees’ group supported by local non-profit organisations Beyond Borders Malaysia and Tenaganita, said it hopes the delay is because the government wants to ensure a comprehensive system is put in place.

“We don’t need to be party to the Refugee Convention to implement the laws necessary to recognise and uphold the rights and welfare of refugees in the country.

“No doubt, the process needs to be well-designed and the policy efficiently implemented, so, we do hope that the delay is partly due to ensuring a comprehensive system is introduced,” it said in a statement to The Malaysian Insight.

The cabinet was to have decided last month whether to allow refugees to work.

However, Human Resources Minister M. Kula Segaran last week said a cabinet sub-committee, comprising himself, the home and foreign ministers, and deputy prime minister, is reviewing the proposal.

ReAct said allowing refugees to work legally will have a significant impact on the country’s economy, as refugee workers can fill gaps in the labour market and contribute to the gross domestic product.

“With the right to work, refugees will be better equipped to (earn) their livelihoods and support their families through legal employment, while being able to contribute to the Malaysian economy.

“The diverse population of refugees in Malaysia comes with a variety of skills and experiences, which can significantly (meet) the labour needs of the country.”

As of September 30 last year, there were 177,943 refugees from 57 countries in Malaysia. More than 150,000 of them were from Myanmar. The next largest groups were from Pakistan and Yemen.

Malaysia is not party to the UN Refugee Convention and not legally obliged to recognise the rights of refugees.

Pakatan Harapan, in its 14th general election manifesto, pledged to ratify the convention, but has yet to do so.

Currently, refugees are not allowed to work in the country, but holders of the UN High Commissioner for Refugees card who do so have a degree of protection from arrest. These cardholders also have access to basic public healthcare.

ReAct said those who work are often subjected to exploitation, including having their wages stolen, long hours and no rest days.

Employees often get away with exploiting refugee workers because of the lack of rights and regulations to protect this group. Legal permission to work means better protection for refugees from exploitation and abuse.

ReAct said the documentation system for refugee workers must not be burdensome.

“This system should come as a means to efficiently document refugees without capitalising on them, by implementing any process which would warrant high costs for refugees to seek employment, such as systems that require the issuance of employment passes.”

It reminded the PH government of its pledge to sign the Refugee Convention.

“The right to work is a basic human right enshrined in the Universal Declaration of Human Rights (UDHR). The right to a life of dignity, also outlined in the UDHR, essentially also includes the capacity to survive and maintain a livelihood.”

Last week, Malaysian Human Rights Commission vice-chairman Jerald Joseph told The Malaysian Insight that Putrajaya should set a timeline for the process of granting refugees the right to employment, having sat on the proposal since 2018. – January 16, 2020.