No Asylum: Burmese in Malaysia
covering burma and southeast asia
Friday, March 29, 2024
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COVER STORY

No Asylum: Burmese in Malaysia


By Mun Ching JUNE, 2002 - VOLUME 10 NO.5


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So all applicants have to be individually determined." After the initial exodus of the Rohingyas from their home state in the early 1990s, the UNHCR negotiated agreements with the governments of Burma and Bangladesh, host to the largest Rohingya refugee population, to allow for safe repatriation as a long-term solution to the problem. However, the failure of the UNHCR to adequately ensure improved conditions within Arakan State—where the Rohingyas originate—had led to a continuous outflow of asylum seekers from the area. Furthermore, the absence of uniform, coordinated policies among governments has also opened up opportunities for human traffickers to exploit the plight of genuine asylum seekers. For instance, while the UNHCR has established repatriation agreements between Burma and Bangladesh, no such understanding exists between Burma’s military junta and Malaysia, home to some 10,000 undocumented Rohingyas. Dumping Migrants According to Kubo, the Malaysian government’s action in deporting the migrants to Thailand is "not appropriate" since humans should not be "dumped" in this manner. A source from the Thai embassy confirmed that there is no regulation allowing for deportations of the Burmese into Thailand, but said that "illegal entry" of Burmese "happens sometimes" because of the difficulty in securing the long border between the two countries. "If Malaysia sends illegal Burmese to Thailand, [we] have to refuse them. It is up to the Malaysian Immigration Department to contact the Burmese Immigration Department, but we won’t accept these persons," said the source. However, when contacted, Shukri Ismail, an officer at the enforcement division of the Malaysian Immigration Department, denied that the Burmese were deported across the northern border without the knowledge of the Thai authorities. He said that the Burmese are sent to Thailand because it is the shortest way by land back to Burma. When asked if the policy still applies to those without travel documents, Shukri said the Burmese are first advised to obtain these documents. "When they have travel documents, [Thai authorities] have to accept [the Burmese] passing through. We also contact the various embassies first," he added. Although a reprieve from this situation may be possible if the individual is recognized as a refugee by the UNHCR, the agency said it is limited by strict criteria provided under its mandate. Moreover, the UNHCR is further constrained by the fact that Malaysia is not a signatory to the 1951 UN Refugee Convention, which obligates recognition of the agency’s work. "The Malaysian government has the option but not an obligation to respect the UNHCR refugee status. The Malaysian government’s commitment is that it tries hard to keep up with human rights and humanitarian causes. However, the standing policy is not to recognize (refugees) because it might jeopardize diplomatic relationships," Kubo said. The problem, according to Kubo, is compounded by the fact that although top officials in Malaysia’s enforcement agencies have agreed to allow UNHCR’s work, there is no system in between to reach the frontline staff. Hence, even the agency’s "mandated refugees" have not been spared from anti-illegal immigrant sweep operations by local authorities. To the Rohingyas, however, these are spurious arguments. The fact remains that as the finger pointing and responsibility pushing continue, they are the ones who have to live with fear, uncertainty and exploitation no matter where they go. "We fulfill all the criteria to be recognized as refugees. The Burmese government does not accept that we are Rohingyas. They do not accept that we are citizens of Burma. We do not have the freedom of religion, the freedom of political belief. We have proven enough. Why don’t they recognize us?" said an anguished Rohingya immigrant. What the responsible bodies and governments have not acknowledged is that as they continue to ignore the plight of genuinely displaced people, deporting them unceremoniously will not provide a proper solution to the problem. Instead, as is already happening, almost all of them return—sometimes within days—only poorer, weaker and more indebted than before. Mun Ching is a reporter for Kuala Lumpur-based Malaysiakini.com.


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