Page 75 - BPAReport

5.7.1 Policy recommendations for refugees

150. The Independent Committee recommends that Malaysia considers putting in place a
proper system to regulate the status and rights of refugees and asylum seekers.

151. This will allow refugees to be formally registered and provide them access to legal
employment. They do not then have to be subjected to exploitation from low wages, long
work hours and poor working conditions or become victims of human smugglers or
traffickers.

152. MOHR working in coordination with JIM, UNHCR and other concerned stakeholders
in refugees matter, through a subcommittee governance structure, are to develop a module for
incorporating the right to work process of identified refugees into the online application and
approval system and database.

153. The online refugee module will have links to UNHCR and must have the capability to
issue standard digitalized ID cards specific to registered refugees, including virtual Smart
online IDs sourced from biometric information and the UNHCR registered refugee unique ID
number stored in the online database. All enforcement officers must give recognition to this
refugee Smart ID cards. Enforcement authorities must no longer demand sight of hardcopy
IDs like passports which absence currently constitutes an offence.

154. Employers must accept the refugee Smart ID card, following verification, as
equivalent to a foreign worker employment pass to allow the refugee to be formally
employed. Refugees in possession of this Smart ID card may work in any occupation and
sector for which they are qualified or may be offered a job position, in accordance with the
Malaysian employment and other applicable laws, regulations, guidelines and good practices.

155. Granting the rights to formal work together with training will allow refugees to
become more financially independent while adding value to the economic development of
Malaysia. Refugees will then also be provided with proper identification papers that will
prevent them from been arrested by enforcement officers for immigration or employment
offences. Refugees will benefit from access to basic needs such as healthcare for themselves
and their families, as well as education for their children.

156. Further, the Independent Committee calls upon the Government of Malaysia to
immediately accede to the 1951 UN Refugees Convention and its Protocol; in line with the
manifesto of the present Government.

Policy Recommendations for managing refugees
1. Government to allow refugees to be formally registered and provide them with
access to legal employment.
2. MOHR to work with the subcommittee for refugees is to develop a module for
incorporating the online foreign worker application and approval system and
database.
3. The online system will have the capability to issue Smart IDs for refugees which
can be used like an employment pass by refugees to seek jobs in the formal sector
4. Government to immediately accede to the 1951 UN Refugees Convention and its
Protocol; in line with the manifesto of the present Government.

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