National Human Rights Commission (Suhakam) chief commissioner Rahmat Mohamad said a delicate balance needs to be struck between immigration concerns and human rights issues.
He believes that refugees or stateless people who are already in Malaysia should be given a legal status that would provide them with the right to education, healthcare and work.
“While we understand the predicament in immigration and in handling these issues, I think the crux of the problem is that we do not recognise these people as refugees because we did not ratify the Refugee Convention.
“But I have this to say: even if we do not ratify the Refugee Convention, that does not mean the government cannot be benevolent.
“After all, these people have been here for how many years, so we are also guilty - we give them work but they do not have passports or documents.
“So, I think what needs to be done is to legalise and provide the necessary documentation. These are some of the things that are well within the jurisdiction and obligation of the state,” he said in an interview with Malaysiakini recently.
Despite that, Rahmat said he understands why the Immigration Department has traditionally taken a very firm stance against foreigners.
“We must appreciate some of these agencies’ concerns, we are also in a tight situation.
“The ones who have been here for years have not (had their issues resolved) and then there are still people coming,” he said.
Xenophobia
Describing the “culture of being humanitarian” as something new to the country, he said it is also understandable why the general public tends to have xenophobic views against refugees and stateless people.
It will take time to change the negative perception of the public and the first thing that needs to be done is to provide access to education for refugees and stateless people, he said.
“We are basically a peace-loving country, but when people come to our country suddenly and invade our privacy, we’d also feel uncomfortable.
“It’s here where we have to find a formula. What is the best way to have the assurance that these people will work, and that is why the first thing we must do is to give education to these people so that they become more responsible,” Rahmat said.
He added that with education and responsibility, the refugees would not resort to stealing or other similar acts that would fuel the negative perception against them.
“I think we must be more positive, rather than looking at the negatives.
“After all, economically, it is good for the country because when these people work, they contribute (to the country).
“(It is possible) with the proper documentation and scheme, the proper contributions, but all the parties must be willing to do it,” he said.
Suhakam also has a role to play in easing the tension between the locals and refugees, he said, such as disseminating relevant data to raise public awareness on the issue.
For example, some of the locals’ xenophobia is due to the fear that foreigners will take their jobs but what does the actual data say, he questioned.
“Where is the data that says these people are grabbing those informal, odd jobs? We must look at the data.
“Also, do the locals want to do that kind of work?
“So, it is important to tell the public that they are not disturbing the peace, they are not a threat,” he said. - Mkini
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