Page 74 - BPAReport

5.7 Policies for refugees

142. Currently in Malaysia there are no laws and government administrative procedures to
handle asylum seekers and refugees. This is largely because Malaysia is not a party to the
1951 UN Refugee Convention and its Protocol even as 142 countries around the world are
parties, including Cambodia and the Philippines within ASEAN.

143. A legal framework is needed to provide protection to individuals and their families
who have been forced to flee their country because of persecution, war or violence. Refugees
are persons who are unable or unwilling to return to their countries of origin owing to a wellfounded
fear of being persecuted for reasons of race, religion, nationality, membership of a
particular social group or political opinion.

144. Malaysia does not recognize the status of ‘refugees’ and does not provide
institutionalised protection to them. Malaysia allows asylum seekers to stay on a temporary
basis until they return to their countries of origin or are resettled in a third country. Under
Malaysian immigration laws a refugee is not formally distinguished from other
undocumented migrants and are considered illegal immigrants.

145. There are presently 161,454 refugees and asylum seekers registered with UNHCR in
Malaysia as at 30 September, 2018 of which, 116,789 (72%) are men and women who would
be able to work, contribute to Malaysia’s economy and provide for themselves and their
families. Refugees and asylum seekers registered in Malaysia are provided with UNHCR
refugee cards as identification documents. However, these IDs are not generally recognised
by many Malaysian enforcement authorities, who continuously arrest UNHCR refugee card
holders as illegal immigrants. Malaysia is obligated to cooperate with UNHCR in addressing
refugee issues on humanitarian grounds.

146. In Sabah, JIM reports for end 2018 that there are 99,056 holders of IMM13 identity
documents (ID), of which some 55,000 are determined to be active. As each ID may be
associated with more than one person, it is reported that there were 271,589 individuals, of
which 104,562 were active individuals and 167,027 inactive persons. In Sarawak there are
negligible holders of IMM13.

147. Refugees’ lack of official status do not give them the right to work in Malaysia
(unlike holders of IMM documents in Sabah). Consequently, like other undocumented
workers they seek employment in the informal sector, particularly in services and
construction sites.

148. It has been brought to the attention of the Independent Committee that the National
Security Council has a policy that allows refugees and asylum seekers to work in the informal
sectors of the economy.

149. The Independent Committee has been informed by members of the refugees and
asylum communities and NGO’s that refugees and Asylum seekers face harassment and are
at times detained whilst working in the informal sector of the economy. The Independent
Committee calls for the immediate end of these arrests and harassment of refugees and
asylum seekers for working.

72