The United Nations High Commissioner for Refugees (UNHCR) said it has begun close discussions with the Foreign Ministry on a framework of cooperation in managing refugees in the country.
This is amid objections from civil society and parliamentarians over the government’s recent proposal to shut down the UNHCR office in Malaysia.
The UN agency’s communications and public information unit head Yante Ismail said they are committed to the gradual transition.
“Global experience has shown that building a national system of refugee processing in line with international protection principles takes years and involves extensive consultations and capacity-building.
“The positive news is that the government has already begun to take these early steps.
“UNHCR welcomes the good progress made during positive engagements that involved multiple ministries and government agencies on practical issues around refugee protection,” said Yante.
She explained that through a government-initiated joint task force, co-chaired by the Foreign Affairs Ministry and UNHCR, there have been many years of discussions on a framework of cooperation for managing refugees in the country.
However, there has been no indication from the UN refugee agency or the government if Malaysia will ratify the 1951 UN Refugee Convention whose scope covers the status of refugees and core principle is non-refoulement.
Non-refoulement is the obligation not to return refugees or asylum-seekers to a territory where there is a risk of persecution, torture, or punishment.
Yante said in the absence of a national asylum system and refugee legal framework in Malaysia, UNHCR undertook the processes related to refugee protection, assistance, and solutions.
“This included work like registration, status determination, and resettlement, on behalf of the government,” she explained.
On Tuesday (Sept 6), National Security Council (NSC) director-general Rodzi Md Saad proposed that the UNHCR office in Malaysia be shut down.
Critics lambasted him for making threats to score political points and expressed distrust of the Home Ministry’s effort to implement a refugee tracking system.
Rodzi had said local authorities can better manage the refugee situation without foreign interference.
Klang MP Charles Santiago demanded an explanation from the government while Bukit Bendera MP Wong Hon Wai reminded the government to discuss such matters in Parliament instead of making arbitrary decisions.
Meanwhile, it was reported yesterday that Foreign Affairs Minister Saifuddin Abdullah confirmed the NSC’s proposal to shut down the UNHCR office in Malaysia was being discussed as the issue of the UNHCR card is complex.
Yante said they were aware of the Tracking Refugees Information System (Tris) since its inception by the government in 2017.
“We were aware of the registration scheme and the appointment of a third-party company by the Home Affairs Ministry which would represent the government in the issuance of a refugee card for an annual fee.
“UNHCR provided recommendations that we believed would help clarify the structural and practical details of the scheme but the matter has not been raised with us in the many constructive meetings held in recent years with the government.
“We are therefore unable to provide any information on the scheme in its current iteration, nor its terms,” she added.
Yante said their recommendations included developing a framework for policies, regulations, and operational guidance on the implementation of Tris.
She explained that the framework addressed the purpose of registration, benefits of the card, roles and responsibilities of stakeholders, quality assurance, and protection of personal data.
Collecting data on refugees
Yante said that because there was an absence of a national asylum framework in Malaysia, the UNHCR’s process involved thorough interviews and robust procedures.
The procedures were measured against international criteria established by the UN and its member states, she said.
“In addition to information about the person’s refugee claim, UNHCR also collects full biodata information of each individual.
“The information we collect includes contact information, family background and composition, education level, history of employment and skills, and other personal information.”
She added that UNHCR also conducted biometric data collection, including iris and 10-finger scanning.
“Information is gathered in line with data protection policies and with the consent of refugees and asylum-seekers.
“It is through this robust processing and rigorous assessment that UNHCR determines a person has a valid claim for international protection and is not an economic migrant,” she stressed.
On its website, the Tris registration scheme claims information collected from UNHCR card holders and asylum seekers is “more detailed because it involves the whole profile of the families.”
Yesterday, Home Minister Hamzah Zainudin said only those who are registered with Tris and have a special MyRC identity card can be considered for access to facilities provided by the government.
These include public health services, education, job opportunities, and training.
According to an Al Jazeera report on Aug 11, the Tris system was implemented by a private company - Barisan Mahamega Sdn Bhd - appointed by the ministry.
It was chaired by a former head of the police’s Special Branch, Akhil Bulat, who is also the company’s largest shareholder. - Mkini
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