Refugee Interceptions and Detentions: A Call for Action and Reform (A Malaysian Bar Statement) - Time for a Refugee and Asylum-Seeker Act?

Why is Malaysia under PM Anwar Ibrahim changing its position/stance on Refugees and Asylum Seekers, including the Rohingyas?

Malaysia need to speedily enact a REFUGEE and  ASYLUM Seeker law.

Refugees are people who have fled their countries to escape conflict, violence, or persecution and have sought safety in another country.

Art 14(1) UN Declaration of Human Rights - Everyone has the right to seek and to enjoy in other countries asylum from persecution.

At present, Malaysian law shamelessly only recognize DOCUMENTED(Legal) and UNDOCUMENTED(illegal) foreign nationals - but there are other foreigners in Malaysia including REFUGEES and ASYLUM SEEKERS - and Malaysia must recognize them. 

The law could define Refugee and Asylum Seekers, as recognized by the United Nations High Commissioner for Refugees (UNHCR) or Malaysia can determine according to a procedure, who do Malaysia consider Refugee or Asylum Seekers. The important thing is to recognize these 'Refugee and Asylum Seeker' and accord temporary protection UNTIL they can safely return to their home country, or move a third country.

Others that need special recognition are 'Victims of Human Trafficking' - Malaysia should not simply see them also as ILLEGAL or undocumented Migrants, for this is not right.

Malaysia has a history of providing temporary refuge to REFUGEES - the Vietnamese Boat People, Burmese (of late the Rohingyas who are victims of 'genocide' or ethnic cleansing by Myanmar) - but suddenly things are changing with regard these refugees?? WHY? From Burma/Myanmar, there are many asylum seekers/Refugees from the various ethnic groups, and also Burmans themselves who are fighting the oppressive government there... 

Six Rohingya refugees from Myanmar, including two children, have died after being hit by vehicles on a Malaysian highway as hundreds fled an immigration detention centre where a riot broke out early on Wednesday, officials said. - Bangkok Post, 20/4/2022

A group of over 100 migrants, mostly Rohingya, fled an immigration center in Malaysia late on Thursday, with one member of the group getting killed in a road accident. - DW, 2/2/2024

Some actions of LATE raises concerns about the Humanity of Malaysia - have we changed our position about 'Refugees and Asylum Seekers'?

Malaysia has deported 114 Muslim Myanmar nationals who will be persecuted by the ruling military when they return, although they are not Rohingya, their lawyer said Thursday. - Benar News, 23/2/2023 

Press Release | Refugee Interceptions and Detentions: A Call for Action and Reform 28 Jan 2025 11:54 am

The Malaysian Bar wishes to highlight the urgent need for the Government to address the plight of refugees and asylum-seekers within Malaysia’s borders.  This issue has once again come to the fore, following the detention of 196 undocumented Rohingya migrants by the police on the morning of 3 January 2025¹and the interception of two boats carrying nearly 300 undocumented Myanmar nationals off the southwest coast of Pulau Rebak, Langkawi, by the Malaysian Maritime Enforcement Agency (“MMEA”) on the same day.²

As at the end of December 2024, the United Nations High Commissioner for Refugees (“UNHCR”) reported that 192,240 refugees and asylum-seekers were registered in Malaysia.  Of this number, 170,530 individuals are from Myanmar.  This includes approximately 111,670 Rohingyas, 27,700 Chins, and 31,150 individuals from other ethnic groups who have fled conflict-affected areas or persecution in Myanmar.³

Many of these individuals are likely refugees and asylum-seekers fleeing persecution or conflict.  Thus, they are entitled to protection under international law.

The 1951 Refugee Convention and its associated 1967 Protocol (Protocol Relating to the Status of Refugees) outline the international standards for refugee protection, including the principle of non-refoulement.  The principle prohibits returning individuals to places where their lives or freedom is at risk.  While Malaysia is not a signatory to the Convention and Protocol, it is still bound by this principle as a customary international law. Additionally, Article 14 of the Universal Declaration of Human Rights affirms the right to seek asylum from persecution.

The Malaysian Bar acknowledges the Government’s legitimate concerns over border management and national security. Such concerns, however, must be balanced with humanitarian considerations and adherence to international legal obligations.  The MMEA’s assistance in providing food and drinking water to the intercepted boats⁴ is a commendable act of compassion, but it does not address the broader need for systemic solutions to refugee issues.

The Malaysian Bar calls for the enactment of a Refugee and Asylum-Seeker Act to provide a clear and comprehensive framework for managing refugee issues.  Such a legislation should define the status of refugees and asylum-seekers, outline their rights and responsibilities, and establish transparent and fair procedures for status determination.  It should also guarantee humane treatment and protections for those whose status as refugees or asylum-seekers is confirmed, and those who may ultimately be denied such status.  Such a move would address the current gaps and ensure Malaysia complies with its obligations under international law, while also fostering a fair and just domestic system.

The Malaysian Bar also reiterates its calls for a review of immigration laws, to ensure that victims of injustices and/or crimes, and possibly relevant witnesses, are not sent out of the Malaysian jurisdiction, which would defeat one’s right to justice.⁵

Alongside these legal reforms, Malaysia should establish a centralised institutional mechanism to manage and support refugees and asylum-seekers.  Such a body could coordinate identification, registration, and protection efforts, and serve as a platform for collaboration with other stakeholders.

The Malaysian Bar believes that reforming Malaysia’s refugee policies is necessary not only to address this humanitarian crisis, but also to present an opportunity for the country to demonstrate its commitment to justice, humanity, and the rule of law. Transitioning from reactive, short-term measures to a structured, rights-based framework would enhance Malaysia’s standing as a responsible global actor while ensuring that vulnerable individuals are treated with dignity and compassion.

The Malaysian Bar reaffirms its commitment to advocating for the rights of refugees and asylum-seekers and urges the Government to take urgent steps to address these critical issues.

Mohamad Ezri b Abdul Wahab
President
Malaysian Bar

28 January 2025

---

¹ “196 Rohingya detained upon arrival in Langkawi, MMEA locating 2 more boats”, New Straits Times, 3 January 2025.

² “MMEA intercepts two boats carrying nearly 300 undocumented Myanmar nationals off Langkawi”, Malay Mail, 5 January 2025.

³ “Figures at a glance in Malaysia”, UNHCR Malaysia website, 2025.    

⁴ “APMM Temukan Dua Bot Bawa 300 Warga Asing Myanmar di Langkawi”, Bernama, 4 January 2025.   

⁵ “Resolution Condemning Repatriation in Violation of Court Order, and Enactment of  Refugee / Asylum Seeker”, Resolution Adopted at the 75th Annual General Meeting of the Malaysian Bar Held on 13 March 2021, Malaysian Bar website, 13 March 2021.