Report: Sakina Mohamed
Data visualisation: Wan Aslah Wan Razali
KUALA LUMPUR, Mar 7 (Bernama) -- The topic of refugees in Malaysia often sparks confusion and misinformation, particularly regarding their legal status and rights.
It is essential to distinguish refugees from undocumented migrants. Refugees are individuals forced to flee their countries due to war or severe human rights abuses and cannot return safely. They are protected under international law, including the principle of non-refoulement, which prohibits their forced return to danger.
In contrast, undocumented migrants lack authorisation to stay in Malaysia, often due to expired visas or being trafficked. Unlike refugees, their safety isn't at risk if deported, and they remain under their home countries' protection.
Contrary to popular belief, the number of asylum-seekers arriving in Malaysia has decreased significantly since 2013, when it peaked at 28,434. As of January 2021, there were approximately 178,710 refugees and asylum-seekers registered with the United Nations High Commissioner For Refugees (UNHCR) in Malaysia, including many who have been in the country for decades.
It is important to note that UNHCR’s statistics reflect the number of registered individuals, not the number of new arrivals.
The UNHCR card issued to refugees serves as a form of recognition of their need for international protection. It does not confer any other legal rights, such as the ability to drive or reside permanently in Malaysia.
The card primarily helps protect refugees from deportation to dangerous conditions in their home countries.
Refugees in Malaysia are subject to the country’s laws just like any other resident. Holding a UNHCR card does not exempt them from legal consequences if they commit a crime.
However, they do not lose their refugee status unless they commit serious offenses like war crimes or crimes against humanity. For minor offenses, they are expected to go through the legal process, similar to any other individual in the country.
There is a common misconception that the UNHCR issues driving licenses to refugees, which is false.
The UNHCR only provides identification cards that confirm the holder's refugee status and need for protection. The UNHCR’s primary role is to support the government in managing refugee protection, including working closely with Malaysian authorities to differentiate refugees from undocumented migrants in immigration detention.
Refugee protection involves the efforts of the Malaysian government, the international community, civil society, and other stakeholders.
Addressing misinformation and focusing on facts can improve understanding of refugees' situations and the roles of various parties.
Malaysia, though not a signatory to the 1951 Refugee Convention, adheres to the principle of non-refoulement and collaborates with UNHCR to support refugee safety and dignity until long-term solutions are available.
-- BERNAMA