Refugee rights groups and human rights lawyers have shot down the government's approved adoption of the Tracking Refugees Information System (TRIS) for all United Nations High Commission for Refugees (UNHCR) cardholders in Malaysia.
Specifically, they pointed out two contentious areas in terms of Malaysia's stand to not formally recognise a refugee status, as well as the reported involvement of a private company in managing the system.
Human rights lawyer Charles Hector Fernandez said the government must take the first step to legally recognise the status of refugees who are United Nations High Commissioner for Refugees (UNHCR) card holders.
"Without that recognition, what is the legal basis for the government’s tracking system?
"Which law permits the tracking and monitoring of refugees and asylum seekers? Thus, it can be said that the tracking system is illegal," Fernandez told Malaysiakini.
"Worse, the appointment of a private company to do it. Legality is again questionable.
"Even the budget and government expenses, what basis are these on when Malaysia does not legally recognise refugees and asylum seekers?" asked Fernandez.
On Friday, Home Minister Hamzah Zainudin reportedly said UNHCR cardholders in the country must register with TRIS to identify their whereabouts and their reporting to the country.
He also said the implementation of TRIS has been handed over to a company, which, among others, is to ensure the data of all refugees, especially the location of their residence, is known.
Fernandez, however, cited concerns over the data being potentially leaked and exposing the refugees or asylum seekers to external threats.
"Mind you, we are talking about refugees and asylum seekers, and they are at great risk of being sought out and targeted by the countries they are fleeing from.
"Their data are at risk of being leaked, and this may put them in serious danger... This class of persons cannot be treated the same as other migrants or locals," he said.
Rather than involving a third party, Bar Council Migrants, Refugees & Immigration Committee co-chairperson M Ramachelvam said any documentation process should only involve cooperation between the government and UNHCR, based on the latter's existing verification process.
"The documentation process should not be outsourced to a private company that undertakes the process for a fee which amounts to RM 500 per person," said Ramachelvam, quoting a figure cited by Hamzah.
The UNHCR has estimated Malaysia to be hosting about 181,000 refugees and asylum seekers, the majority of whom are from Myanmar, including about 103,000 Rohingyas.
'TRIS fraught with problems'
Meanwhile, Asylum Access Malaysia executive director Tham Hui Ying echoed the concerns raised, while pointing out that the TRIS had been in operation since 2017 to issue a special Malaysia Refugee Card (MyRC).
"Specifically, most refugees who are already struggling to make ends meet were expected to pay RM500 for the MyRC card issued under this scheme which had to be renewed yearly at the same cost although the card offered no additional protection," Tham told Malaysiakini.
"There were reports of those with MyRC cards still being arrested and detained and it has not been consistently recognised by various authorities.
"We need to know how and whether these issues have been addressed to ensure this system would not cause more hardship to refugee communities," she said.
In particular, Tham said more details need to be provided on this alleged expansion of TRIS' functions, including costs that would be imposed and what protections would be afforded to those who register under the system.
"There also needs to be more transparency over this company that will be managing the data and how the data will be secured," she added.
According to the TRIS' official website's Frequently Asked Questions section, the registration scheme is an initiative by the government in collecting personal and biometrics information of UNHCR card holders, to be included in a national database aimed to improve and manage refugees in Malaysia.
It also stated that an MyRC is obtainable at RM500 per person for UNHCR card holders aged between 19 and 59 years, while the document is free for children and senior citizens.
To a question on whether MyRC card holders are allowed to work, it stated: "It is an opportunity to work but it is subject to the permission of the government and the ability of the individual."
According to the website, information collected from UNHCR card holders includes details of any employers.
Hamzah's latest announcement on TRIS was made amid renewed calls for the government to allow refugees to be formally employed in Malaysia, meeting urgent demands for migrant labourers in various sectors.
Malaysia is not a party to the 1951 Refugee Convention nor its protocol and therefore does not have an asylum system regulating the status and rights of refugees. - Mkini
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