IT IS unnecessary and a procedural duplication for the government to register refugees and issue them with a refugee card as the United Nations High Commissioner for Refugees has been addressing this matter for years, refugee activist groups said.

They questioned the authorities on the implications, processes and management of this newly proposed registration, and if it will protect the data of the refugees.

The activists said the government must work closely with the UNHCR which already has a mandate to protect refugees, which the United Nations body has been doing despite constraints.

Beyond Borders Malaysia founder Mahi Ramakrishnan questioned why the government wanted to register refugees, and if they had the expertise to do so.

“The situation of refugees is already precarious and this move would make it even worse. 

“It’s appalling to think that we champion the Palestinian cause globally but treat refugees in the country as sub humans. This is hypocrisy,” she told The Malaysian Insight.

She said that previously there were disagreements between the government and UNHCR over sharing of refugee data.

“I agree with the UN body’s decision (not to share) because such data can be abused. How do we know the government won’t use it to go after the refugees?

“We remember how in 2020, the authorities went back on their word of not arresting refugees who turned up to get themselves vaccinated for Covid-19,” she said.

She said the government should allow UNHCR to work without creating further obstacles for them to carry out their mandate to protect refugees.

On April 29, Home Minister Hamzah Zainudin said the government was currently planning to issue its own refugee card.

He said the government would decide whether any particular refugee could remain in the country and be given the card issued by the Malaysian government.

Previously in April 2020, Hamzah said the government would not acknowledge Rohingyas as refugees and classified them as illegal immigrants who held the UNHCR card.

Malaysia, he said, was a non-signatory country to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, and therefore lacked a legal or administrative framework to manage the status and rights of refugees.

Currently, only the National Registration Department is qualified to register any individual to stay legally in Malaysia.

Mahi said the government must be aware of the implications to the refugees if they are turned away.

“Does the home minister know that deporting refugees to face persecution, torture or even death is a violation of the non-refoulement principle which the government is bound by?”

She also questioned if this move would create even more corruption and exploitation where “someone powerful” makes money from registering refugees.

“The same mess happened with migrant workers. So, my question is whether this is the motivating factor to take registration away from the UNHCR?”

She said that Malaysia sits on the UN Human Rights Council and yet goes out of its way to violate international human rights law by not protecting the rights of refugees.

“This is disgusting. A progressive government would create a safe passage for asylum seekers and refugees.”

According to UNHCR, as of February 2022, there are 181,800 refugees and asylum seekers registered with UNHCR in Malaysia.

UNHCR said 86% of asylum seekers are from Myanmar, while the remaining are 25,990 refugees and asylum seekers from 50 countries fleeing war and persecution.

This, it said, includes those from Pakistan, Yemen, Syria, Somalia, Afghanistan and others.

Putrajaya should work with the refugee community

North-South Initiative executive director Adrian Pereira questioned the validity of the proposed government issued refugee card as Malaysia doesn’t have a law for refugees and asylum-seekers.

He said the authorities don’t have any legal standing to govern refugees as Malaysia has not ratified the refugees’ convention.

“So, how are they (authorities) going to introduce the card?

 “The authorities have to create a law to govern the management, placement and resettlement of refugees.

“UNHCR is a legally mandated body to do that. Let the competent bodies do that (manage refugees).”

He said the UNHCR has a thorough process that’s already in place and authorities don’t have to duplicate it.

“They don’t have to add on more burden for the government. Why duplicate the UNHCR role?

“UNHCR already has a system for this (assisting refugees). It (refugee card) should be carried out with proper consultation as a UN human rights council member.”

Pereira also said that what the ministry can do is meet with refugee community leaders and ask them what can be done to help them.

He hoped the process of introducing the new mechanism would not be open to any corruption.

“We hope that they (authorities) can work closely with UNHCR.

“They already have the data (on refugees), so they (authorities) don’t have to duplicate it.

“Collaborate without exposing the personal and private data of the refugees.”

Pereira also said that a good start would be signing the 1951 Convention relating to the Status of Refugees. – May 5, 2022.