MALAYSIA can better manage the problem of asylum seekers and refugees if it ratifies the 1951 United Nations Refugee Convention, migrant rights aid group said.

Adrian Pereira who runs the North South Initiative (NSI) said by signing the convention, Malaysia is showing the world its seriousness in handling the matter as well as ensuring that those who fled their country due to conflict are not exploited further.

Pereira’s comment came after Home Minister Hamzah Zainudin recently condemned the United Nations High Commissioner for Refugees (UNHCR) over the issuance of refugee cards to Indonesians.

“Indonesia has had a history of violence including armed struggle and civil war such as in Aceh, East Timor and Papua.

“Ten of thousands of Indonesians living in the conflict zone have fled the country, including to The Netherlands and Australia.

“Malaysia has to learn to be open and Hamzah’s remark over the issue was irresponsible. Malaysia should sign the convention if it is serious in this issue. In this matter, the ball falls back to us as we need the fundamentals in place,” he said.

Hamzah has questioned the motives of the UNHCR in providing refugee identification cards to several Indonesian nationals, accusing the UNHCR of missing the cards arbitrarily, until those who possess them seem to be able to somehow stay in the country legally.

He said he found several Indonesians in possession of UNHCR refugee cards during enforcement action conducted by the Immigration Department.

Malaysia is not party to the 1951 Refugee Convention nor its protocol, and does not have an asylum system regulating the status and rights of refugees.

Pereira said asylum seekers or refugees have to go through a thorough process to receive the UNHCR card.

The activist told The Malaysian Insight that the UNHCR is the only competent body that can determine refugee status.

“The UNHCR has a thorough process and although it is not a perfect organisation, it is the only competent body to do so,” he said.

“There are several layers of processes before one can be determined a refugee or an asylum-seeker. It is not arbitrarily given. Why they are given the card is subject to investigations, but the UNHCR happens to be the only body that can issue the card.”

Meanwhile UNHCR spokesman Yante Ismail denied that the UN card was issued arbitrarily, adding that the UNHCR has already engaged with the Home Ministry, including exploring areas of closer co-operation and joint registration.

She said only people who satisfied the accepted international definition of needing refugee protection are issued a UNHCR identification card.

“The UNHCR issues cards to individuals who satisfy the accepted international definition of needing refugee protection, without discrimination on the basis of race, religion, or nationality.”

“UNHCR’s Refugee Status Determination process involves a thorough interview and investigative procedure measured against international refugee criteria established by the United Nations and its member states, and assessed against country of origin information.

“It is through this robust processing and rigorous assessment that the UNHCR determines a person has a valid claim for international protection, and is not an economic migrant,” Yante said.

She said through the government-initiated joint task force, the UNHCR has been in discussions on a variety of issues related to refugee protection in the country.

She said these discussions have intensified since 2019 in particular, with the most recent meeting having been held in November 2021.

In 2020, there were approximately 130,000 refugees residing in Malaysia, compared to around 90,000 in 2011.

As of end April 2022, there are some 182,230 refugees and asylum-seekers registered with UNHCR in Malaysia.

According to UNHCR website, some 156,200 are from Myanmar, comprising 103,770 Rohingyas, 22,810 Chins, and 29,610 other ethnic groups from conflict-affected areas or fleeing persecution in Myanmar.

The remaining individuals are some 26,030 refugees and asylum-seekers from 50 countries fleeing war and persecution. – June 1, 2022.