IMAGINE this: you are at home, and you experience bombings and gunfire every day. You witness people getting killed in the streets. Some of them are your neighbours, friends or even family members. You know you could be the next victim.
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So, you run! You take your children, or make the heartbreaking decision to send them away on their own. You pack whatever you think will be useful for the journey, perhaps, one or two mementos from happier days.
You leave your country and flee. You make it safely to Malaysia. But here, your struggle is not over. You are seen as a “problem”, an “intruder” and a “burden” for the United Nations to deal with.
You are forced to live in the shadows because refugees and asylum seekers in Malaysia have no rights.
Malaysia has not signed or ratified the 1951 UN Refugee Convention. It does not have domestic laws for the protection of the more than 156,000 refugees and asylum seekers in the country, comprising one of the largest urban refugee populations in the world.
Without legal status, they are frequently arrested and detained for months in deplorable conditions. They are forced to work exploitative jobs. Their children cannot go to school. Access to health services is limited. Refugee women, in particular, are vulnerable to gender-based violence.
But, there is hope in the promises of the new Pakatan Harapan government to recognise their status, grant them the right to work, and ratify the Refugee Convention.
Last week, Klang MP Charles Santiago said the ratification of the Refugee Convention would obligate the government “to ensure decent lives for refugees in the country”, adding that many of them could “contribute positively to the economy”.
Refugee rights advocates are encouraged by the government’s commitment, which will significantly improve the lives of refugees. Nevertheless, it will take more than a few promises to meet the needs of Malaysia’s refugees and protect their rights in accordance with international standards.
As the new coalition proceeds with its institutional reforms, civil society organisations have joined forces to offer recommendations, including the establishment of an inter-agency committee to review existing laws and policies regarding refugees; the amendment of the Immigration Act 1959/63 to exempt refugees from arrest, detention and prosecution; the recognition of the UN High Commissioner for Refugees refugee identity card as a legally valid document that confers fundamental rights; and, the development of a comprehensive refugee protection framework.
These are only a few recommendations, and it will require an effective and long-term refugee policy to deal with the hundreds of thousands of refugees already in Malaysia, and those who will inevitably come due to the crises in Myanmar, Syria and other parts of the world.
Malaysia still has some way to go before it can be said to fully respect, promote and protect refugee rights. Refugees in Malaysia live in a constant state of uncertainty, and the existing ad hoc policies offer little to no security while they wait for the results of their refugee status determination. The process is lengthy, and the likelihood of resettlement low.
Access to fundamental rights is essential to a dignified existence for those fleeing violence and persecution. At the moment, one step forward could simply mean access to a refugee status determination process free of political pressures, and access to legal residency status.
Malaysia could follow Thailand’s example. Last year, the Thai cabinet approved a proposal to implement a national screening mechanism that will include asylum seekers and give them the right to work during the refugee application process.
Many local and international civil groups, and even government officials, are showing compassion towards refugees and making concerted effort to help. Long-lasting reforms require a change in thinking at the governmental level, accompanied by an awareness-raising campaign to change the negative attitudes of the public towards refugees.
Social cohesion cannot be achieved unless we look at refugees with humanity, instead of suspicion and paranoia.
As Santiago had said, Malaysia would gain international credibility for its call for an end to the persecution of Myanmar’s Muslims if it were to commit itself to the humane treatment of all refugees within its borders.
Asylum seekers and refugees may feel safer here than in their home countries, but they do not know when they can start to rebuild their lives.
As we mark World Refugee Day 2018, let us hope for a better future for refugees, while remembering the words of Somali-British poet Warsan Shire: “No one leaves home unless home is the mouth of a shark… you only leave home when home won’t let you stay.” – June 18, 2018.
* Federico Rodriguez is a policy advocate with Asylum Access Malaysia.
* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.
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