PUTRAJAYA has to make a clear distinction between refugees fleeing persecution and undocumented migrants seeking work in Malaysia, said refugee rights group Beyond Borders.

The non-profit organisation was responding to news that refugee families are among those evicted under Kuala Lumpur City Hall’s (DBKL) new ruling that penalises landlords who rent to undocumented migrants.

Beyond Borders founder Mahi Ramakrishnan told The Malaysian Insight there is confusion over Putrajaya’s stand on refugees.

While Federal Territories Minister Annuar Musa said those holding United Nations High Commissioner for Refugees cards would not be affected by the ruling, Mahi said the home minister in April declared that Putrajaya won’t recognise refugees with such identity cards.

Home Minister Hamzah Zainuddin said refugees from any group, even if those with UNHCR cards, are still classified as illegal immigrants.

The non-recognition is based on the fact that Malaysia is not party to the 1951 Refugee Convention or the 1967 Protocol Relating to the Status of Refugees and, therefore, has no legal or administrative framework on refugees in the country.

Despite this, Hamzah said Malaysia allowed those with UNHCR cards to be in the country on humanitarian grounds.

“Because of the DBKL ruling and what the home minister had said, landlords are now scared of being fined for renting out their homes to refugees,” said Mahi.

She debunked the notion that Malaysia need not recognise refugees just because it had not signed the United National convention.

“Malaysia has ratified the CRC (Convention on Rights of the Child), CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) and is a party to the UN SDG (Sustainable Development Goals) 2030. (Under these), we have a responsibility to protect refugees who turn up at our shores seeking refuge.

“Seeking refuge is human rights.”

Mahi highlighted that while there are other issues resulting in evictions, such inability to pay rent, many refugees are also being turned out of their homes for fear of having to fork out a heavy fine.

Non-profit and civil society groups have been quick to take action upon hearing of refugees evicted and have placed some of them in temporary shelters.

“No one is loitering on the streets as far as I know because groups working on refugee issues acted fast to house them in various spaces, albeit temporarily until a better arrangement can be made.”

Last week, Annuar disputed rights group Tenaganita, which said it received complaints from refugees seeking shelter after their evictions. The minister urged Tenaganita to provide data on cases, such as the locations and landlords involved.

Tenaganita has yet to respond to The Malaysian Insight’s request for comment on this.

Mahi added that refugees should be given the right to work to avoid other problems, such as homelessness and poverty.

“How else are they going to pay rent and put food on the table for themselves and their families?”

The existing legal framework could be adapted if Putrajaya is serious about the matter, she said.

“We can use existing legal frameworks, such as the IMM13 under the Immigration Act, to make this possible. It has been done before,” she said in reference to immigration documents issued to Filipino refugees in Sabah.

Under IMM13, refugees facing conflict in their countries of origin can work in Sabah without applying for work passes. They are also granted access to education and health services.

IMM13, however, is overseen by the Sabah Immigration Department, since the state has autonomy over its immigration affairs.

“The best solution to this issue is for the government to come up with a clear statement to distinguish refugees from undocumented migrants and that no action should be taken on homeowners who rent spaces to them,” Mahi said.

As of the end April, there are some 177,800 refugees and asylum-seekers registered with UNHCR in Malaysia. – July 22, 2020.