AI Malaysia’s concern for

Refugees & Migrants

Amnesty International Malaysia

 Every day people make decisions to leave their homes, communities and countries. Some leave because they are – ·          afraid for their lives, ·          and for the lives of their children ·          and loved ones. Others leave because their social or economic situation has compelled them to do so.
One of the most important rights common to all_ ·          refugees, ·          asylum-seekers, ·          migrants·          and internally displaced persons (IDPs) They all have the right to non-discrimination. This right is at the core of all human rights.

Amnesty International (AI) is concerned about the human rights of all migrants. AI looks at the “life-cycle” of migration:·          the decision to leave the country of origin; ·          the migratory journey, ·          including time spent in countries of transit; ·          arrival ·          and stay in the country of destination; ·          possible return back to the country of origin. The situations during which migrants are most vulnerable to abuse and most at risk – including irregular migrants, migrant children and migrant women.

Refugees and displaced persons live in_ ·          dangerous situations, ·          in an unbearable state of limbo, ·          with no way forward ·          and no way back.

In Malaysia, the majority of those who face harassment and discrimination are

·          migrant workers ·          ‘illegal immigrants’ ·          and asylum seekers/refugees. Migrant workers often become ‘undocumented’ for various reasons: ·          either because they enter Malaysia without proper documentation, ·          or because they lose their legal status during their stay in Malaysia.Many ‘documented’ migrant workers including domestic workers also face various level of discrimination and denial of basic rights. ·          work and live in inadequate conditions, ·          without access to basic services ·          and at risk of physical and sexual abuse. ·          subject to weak recruitment regulations ·          and limited legal protection ·          and are vulnerable to exploitation by unscrupulous recruitment agents and employers
Malaysia

·          Malaysia also does not recognize refugees and asylum seekers.

·          Malaysian law, especially the Immigration Act does not distinguish a person as a refugee or as a person in need of temporary protection. ·          The Act also excludes validity of documents granted by the UNHCR that accord such people with International Protection. ·          Reports over the years witness the Malaysian government clamping down on refugees and asylum seekers and subject them to violent arrest, inhumane and prolonged detention, whipping and forcible deportation.·          Malaysia also currently deploy the People’s Volunteer Corps (RELA), an organization of uniformed part-time volunteers with very wide arrest and seizure powers to hunt down migrants whom they believe as ‘illegal’.

While Malaysia is not a party to the 1951 UN Convention Relating to the Status of Refugees, it is nonetheless bound by the fundamental principle of non-refoulement, which prohibits any person being returned to a country where they face serious human rights violations.

Malaysia is also formally obliged to care for refugee children as it is signatory to the Convention on the Rights of the Child (CRC) and the UN Convention on Elimination of All Forms of Discrimination Against Women.

• According to Article 22 of the CRC, the Malaysian Government should proactively provide assistance and protection to children of asylum seekers and refugees.

  AI’s key message to the public, policy-makers and other actors: migrants’ rights are human rights.