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Thursday, August 25, 2011

Halt '6P' registration of refugees immediately

Forcing UNHCR card holders to register under the 6P programme and giving them a paper saying 'Purpose: Return to Home Country' has created a host of uncertainties among the refugees.

NONERefugees with United Nations High Commissioner for Refugees (UNHCR) cards were informed, through their organisations three days ago, that they had to get registered under the biometric system at the Putrajaya Immigration office.

Thousands of people – elderly, ill, young children and mothers with babies - stood for hours in a cramped place and waited, only to be told near the end of the day that they had to come the next day as the Immigration Department could only register up to 2,500 persons a day.

This registration exercise further reinforces how inefficient and unplanned the process of the amnesty programme has been since it began in July.

The sporadic decision, made without clear information provided to refugee communities, has created anxieties among these communities as to how the 6P amnesty programme will be used and implemented for them.

The amnesty programme was originally intended for undocumented foreign workers.

'No direction from UNHCR'

Then, suddenly, and without any clear explanation, the Home Ministry decided that it would also be for documented workers.

Now, overnight, refugees are told that they too have be registered under the 6P programme, and that too without a clear deadline.

NONEAccording to information received from refugees who have registered, they received a slip called “Slip Pendaftaran PATI”, which had another statement: “Tujuan: Pulang Ke Negara Asal” (Purpose: Return to Home Country).

This return slip has created a host of uncertainties and fears among the refugees that they could now be deported to their country of origin despite the fact they are recognised as refugees by UNHCR.

This situation and development came a day after Malaysia was condemned for deporting 11 Uighur back to China, which is known to torture and persecute the ethnic Uighur.

The statement in the return slip is a clear violation of the principle of non-refoulement under Article 33 (1) of the 1951 Refugee Convention which states: "No Contracting State shall expel or return ('refouler') a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion."

(Non-refoulement is a principle in international refugee law that concerns the protection of refugees from being returned to places where their lives or freedom could be threatened. Unlike political asylum, which applies to those who can prove a well-grounded fear of persecution based on membership in a social group or class of persons, non-refoulement refers to the generic repatriation of people, generally refugees into war zones and other disaster areas.)

refugee family outside unhcr 061004 sister and babyWe are deeply concerned that there is also no clear direction from UNHCR as to why that “Tujuan” is on the slip given to the refugees who registered under the biometric system.

The UNHCR office in Kuala Lumpur when contacted Tuesday morning said it was still trying to verify this statement.

This whole registration of refugees under the 6P programme should be halted immediately. The 6P programme does not relate to refugees, for they are NOT migrant workers and thus should be treated under a different framework.

Refugees, not workers

One dimension of the 6P programme is deportation, which cannot be applied to refugees. The lack of information and lack of consultation on the process of how the registration will impact on refugees has only resulted in increasing the anxiety and stress on the refugee population.

Even UNHCR, as the lead agency in refugee affairs, is unclear and not able to provide proper information to the refugee community.

The organisation is equally concerned with the large number of persons of concern - about 20,000 to 30,000 - who are awaiting registration from UNHCR.

rohingya protest unhcr 070305 documentsThe absence of a UNHCR card does not mean their lives in their home country are in any less of a threat, nor are they any less of a refugee. They in fact have a heightened level of vulnerability because they have not been included in UNHCR's system yet, and neither are they undocumented workers.

Will this 6P exercise exacerbate their vulnerabilities and increase their risk of deportation and consequent persecution?

The Home Ministry must be more responsible and make clear decisions that are transparent and accountable. However, this whole amnesty programme has been riddled with questions and uncertainties.

rela 290507 women being checkedThe ministry has only given responses that reflect its arrogance of power and not good governance. The same sporadic decisions are now reflected in the registration of refugees, with no consultation, planning and processes set in place.

We call for the registration exercise for refugees under the 6P programme to be discontinued immediately.

The Home Ministry must make public and clarify the objectives, procedures and policy for the registration of refugees and how it will impact on their continued stay in the country; what the new opportunities and benefits for the refugee community will be; and how will it impact on their resettlement process.

If there is any form of registration by the government, it must be to increase the protection of the rights of refugees.

IRENE FERNANDEZ is the director and co-founder of the non-governmental organisation Tenaganita, which promotes the rights of migrant workers and other oppressed and poor people in Malaysia.

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