Refugees And Asylum Seekers : Malaysia Must Be More Sensible

This is a well thought article written by my friend Norman Fernandez. Norman is a practising lawyer and one time Deputy Chairman of DAP Johor.

In the recent weeks and particularly after the May 9, General Election,  there is a noticeable increase in letters, articles and even calls for Malaysia to re-look into the plight of refugees and asylum seekers in Malaysia. All this at a time when everyone should be more concerned about Malaysia’s RM1Trillion national debt.

As at May 2017, there are in Malaysia some 150,204 refugees and asylum seekers from 59 countries registered with the Office Of The United Nations  High Commisioner For Refugees (UNCHR). Do note, that these are only the registered refugees and asylum seekers. From the above numbers, some 94,361 were refugees and 55,843 were asylum seekers. The 10 countries making up the majority of the refugees and asylum seekers are Myanmar 133,725; Pakistan 3,548; Sri Lanka 2,328; Yemen 2,095; Somalia 2,062, Syria 1980; Iraq 1,61; Afghanistan 1,082; Palestine 698; Iran 440.  Non-Governmental Organisations estimate that there are already some 200,000 Rohingyas in Malaysia, the majority unregistered.

What is very worrying now is the increasing call on Malaysia to sign and ratify the Convention Relating  To The Status Of Refugees, the Protocol Relating To The Status Of Refugee and the Statelessness Convention. Malaysia (thankfully) has not signed any of these legal treatise and thus far has steadfastly refused to. As such, in Malaysia, refugees and asylum seekers are deemed illegal immigrants.

Had and should Malaysia sign and ratify these legal treatise, the repercussions are that Malaysia will be obliged as  host nation to provide not only refuge but also be bound by the principle of “non-refoulement” whereby under this principle Malaysia should not return refugees to a country where he faces a serious threat to life.

During the final stages of the Indochinese/Vietnam War, a wave of refugees began to flood and arrive at the shores of South East Asia  countries. In May 1975, the first group of 47 Vietnamese refugees arrived on Malaysian shores. Malaysia then for some 20 years from 1975 hosted some 240,000 Vietnamese refugees in Pulau Bidong and Sungai Besi Transit Camp, until the last Vietnamese refugee, Don Van Viet on August 28, 2005 left for Vietnam. Unlike the present day “free-range” refugees, the Vietnamese refugees were placed in camps. In fact, at one time the Sungai Beau Transit Camp had some 69,000 Vietnamese refugees. However, Malaysia was very clear with hosting these refugees. Malaysia was only willing to act as an offshore processing centre and under the Comprehensive Plan Of Action For Indochinese Refugees, Malaysia made it known clearly that the arrivals are only given temporary refuge and they must be resettled in third countries. That was not easy as most countries was more willing to accept only refugees with skills and qualification. Nevertheless, by the time the last Vietnamese refugee left Malaysia, the majority was accepted for resettlement in Australia, Canada, France and United States. Some 9,000  Vietnamese refugees chose ( or had no choice) to return to Vietnam. It is said the only refugees who were allowed to re-settle in Malaysia were the Champa-Malays from Indochina.

It is also notable that Malaysia has always had an underlying preference for Muslim refugees. This can be seen when in the 1970’s Malaysia allowed some 120,000 Muslims from Southern Philippines to settle in Sabah, initially vide IMM 13 work pass and later on legitimised by the covert “IC Sabah”, designed to make Sabah a Muslim majority state. From then on, Sabah has been hoisted a problem that until today, it cannot extricate out. Then, during the 1992-1995, Bosnian Wars, Malaysia in contrast to the earlier refugees welcomed the Bosnians refugees giving them the status of “guests”, allowing them not only temporary residence and permission to work. After the war, a good majority of the Bosnian refugees have left for third countries and in particular Australia. To be fair, the Bosnian refugees hardly created any social problems while in Malaysia. In 2004, after the tsunami hit and destroyed Aceh, some 35,000 Acehnese we’re permitted to enter Malaysia on IMM 13 work passes. Mention must also be made of the 3,000 Syrian refugees who in 2015, arrived on invitation by the Malaysian government and have temporary residence passes and also permission to work while awaiting resettlement in third countries.

However with Rohingyas, Malaysia is extremely cautious in laying the welcome mat and rightly so. There are some 3 to 4 Million Rohingya population, and given a chance, all will want to come here including those languishing in refugee camps in Bangladesh and in the no-man ‘s land between Myanmar and Bangladesh.

Unlike, the “White Muslim” refugees whose presence here is transient and reasonably easier to be resettled, the Rohingyas, face a near impossibility of being accepted or resettled by third countries. With Rohingyas, it is very noticeable that they have absolutely no skill whatsoever, and the prolific procreation and breeding ability sends shivers to whichever country considering to take them. No country, particularly Western countries would want to burden itself more taking in Rohingya refugees who absolutely provide no whatsoever benefit as immigrants but are just going to procreate and breed, all at the expense of the taxpayer. Add to that, in the light of social problems caused by Muslim refugees engaging in crime and terror, most Non-Muslim countries would be very wary in accepting the Rohingyas. Rohingyas provide no benefit but simply an unwanted burden.

To digress a little, that also goes for the Pakistanis, Somalis , Afghanistans and other refugees and asylum seekers who have managed to land on our shores. In fact, one wonders how have these refugees and asylum seekers from faraway lands able to come to Malaysia and even get by the Malaysia immigration and authorities. These refugees and asylum seekers, having arrived in Malaysia are also going to be Malaysia’s problem since they too may not be resettled in other countries.

It is also noticeable that almost all of the 57 OIC Countries show complete indifference and apathy for the Rohingyas and unwilling to allow them to be resettled in the member countries. Thus, it is almost certain that the Rohingyas already here are going be be languishing in Malaysia for a very long time and more likely not to return but simply procreating and breeding.

If Malaysia, were to sign and ratify those legal treatise on refugees and asylum seekers, which many are calling on the government to do so, it could simply mean opening the floodgates to all the Rohingyas still in Myanmar, to flee and come to Malaysia. Of course, Myanmar will be more than happy to see the back of the Rohingyas. That is not all, as other refugees and asylum seekers from other Muslim countries who already know Malaysia as a country that is sympathetic to Muslim refugees and asylum seekers will only be all the more determined to come here. It is reported that, many asylum seekers when not permitted to enter Turkey, prefer to be sent to Malaysia.

UNCHR and other do gooders would want Malaysia not only to provide refuge, but also provide employment opportunities and taking care of the welfare including the education, housing, health and other social needs - all these at the expense of Malaysian tax-papers. The burden and the social problems by the refugees and asylum seekers outweigh any humanitarian consideration or the spirit of the Ummah. 

Malaysians must rise up and demand that the government do not yield to the pressures to open up our shores to refugees and asylum seekers. It took almost 20 years to resettle the Vietnamese refugees in Malaysia in third countries. There is no guarantee the present refugees and asylum seekers are going to be resettled in other countries and we will be creating a national calamity if Malaysia were to open its doors to refugees and asylum seekers.

At a time, when the new government is saddled with a RM1 trillion national debt and the daily expose’ of the former government’s financial debauchery, priority cannot and should not be on refugees and asylum seekers. Malaysia can ill afford to provide refuge for refugees and asylum seekers. If any, Malaysia must be firm and stern on refugees and asylum seekers and send out the message that Malaysia will not accept or welcome refugees and asylum seekers. For a start, Malaysia must must begin identifying refugees and asylum seekers from those already here for deportation. After all, we had no difficulty deporting Sri Lankan Tamils refugees and asylum seekers and as such it cannot be much of a problem.

The adage, charity begins at home, holds true. Let us think of our selves and our country first, not refugees or asylum seekers. 

Norman Fernandez