The Sun Daily (Used by permission)
by Husna Yusop and Pauline Wong
by Husna Yusop and Pauline Wong
PUTRAJAYA
(Oct 18, 2011): Home Minister Datuk Seri Hishammuddin Hussein has
clarified that the 1,000 Myanmar detainees who will be sent back to
their country under a recent exchange agreement are not asylum seekers
or refugees.
He
said he checked their status with the United Nations High Commissioner
for Refugees (UNHCR) before finalising the matter with Myanmar Deputy
Foreign Minister U Maung Myint yesterday.
“It
is not true. They are not asylum seekers. I have talked to the UNHCR
and made it clear that we are not going to stop those who are really
eligible for refugee status.
“But,
at the same time, do not use the refugee status as an excuse to dump so
many people who are not eligible in our country. This would create a
bigger problem in future,” he said.
Speaking
to reporters at the ministry after a weekly meeting with immigration
directors here today, Hishammuddin said there are about 94,000 asylum
seekers in Malaysia but those listed in the exchange are not under the
UNHCR’s watch.
He
was responding to concerns raised by NGOs Migrant Care Malaysia and
Tenaganita, who claimed that most Myanmar nationals came to Malaysia as
refugees or were seeking political asylum, having fled their country to
escape persecution.
Yesterday,
Hishammuddin said both countries have agreed in principle to exchange
detainees – those detained for various immigration related offences - to
help reduce congestion at immigration depots.
He
said the claims by the NGOs were made based on political
considerations, adding the ministry has yet to identify the number of
Malaysians currently detained in Myanmar.
He
said Myanmar nationals are the third biggest group of foreigners in the
country now and Myanmar government’s commitment is important in
identifying and deporting those who are not supposed to be here.
“We
don’t want to see Malaysia as a transit country or shelter for
terrorists, drug smugglers and those taking advantage of the refugee
status to do things which are clearly against the law,” he said.
Meanwhile,
the UNHCR, in a statement, encouraged all governments to manage
migration in a manner that is protection-sensitive towards those who
wish to seek asylum.
“This
holds true for Malaysia as well. It means that individuals who may be
subject to arrest, detention and deportation for immigration offenses
have the opportunity to seek asylum and to have their claims
considered,” UNHCR spokesman here Yante Ismail said today.
She
added that Malaysia cooperates with UNHCR on this issue and allows
access to individuals so the agency can determine if they are eligible
for asylum.
For those who have legitimate claims, UNHCR seeks their release from detention while their claims are being considered.
“On
the matter of deportation, UNHCR reminds all Governments, including
Malaysia, that refugees and asylum-seekers should benefit from the
fundamental principle of non-refoulement and should not be deported to a
country where their human rights might be at risk,” she said.
(Non-refoulement
is a principle in refugee law that concerns the protection of refugees
from being returned to places where their lives or freedoms could be
threatened.)
The Bar Council, meanwhile, said it welcomed the Malaysian-Myanmar immigrant swap, but urged caution.
Its president, Lim Chee Wee, the arrangement must still live up to the highest humanitarian standards.
"Care
needs to be taken to ensure that those returned to Myanmar will not in
turn be subjected to retributive or punitive action by their own
government," he said.
This
is because there is no mention of any monitoring mechanism, nor whether
any determination has been made by an Office of the UNHCR on whether
any of the detainees returned was a genuine asylum seeker.
"This
swap must also fulfill the need for a wider and more comprehensive
regional mechanism for freedom of movement of nationals from one ASEAN
member country to another," he added.