Malaysia’s continued deportation of refugees exposes its double standard on international law

Amnesty International Malaysia and Asylum Access Malaysia strongly condemn the Malaysian government’s deportation of 1,476 Myanmar nationals as the first phase of a broader arrangement to return 5,000 people to Myanmar.

We are dismayed that the government proceeded with deportations despite repeated warnings from civil society organisations, refugee communities and international human rights experts that conditions in Myanmar remain fundamentally unsafe.

These deportations violate the principle of non-refoulement, which binds Malaysia as a rule of customary international law – regardless of whether it has ratified the Refugee Convention, as well as the prohibition on collective expulsions.

Today’s deportation also raises profound concerns about the purpose of the refugee registration document that the government has promoted over the past year.

A meaningful refugee protection framework must ensure that refugees are able to access asylum while in Malaysia. It cannot be a system designed to fast-track unlawful deportations.

We also remain deeply alarmed that this comes at a time when the world is demanding accountability for atrocities committed in Myanmar, including through proceedings before the International Court of Justice (ICJ) and efforts before the International Criminal Court (ICC).

“This is one of the most serious refugee protection failures Malaysia has committed in recent years,” said Joshua Ericsson, the executive director of the Amnesty International Malaysia.

“The government has been warned repeatedly about the risks. It has heard from refugee communities, civil society organisations, UN agencies and international experts. Yet it has chosen to proceed anyway.”

Not an isolated incident

What happened today should not be viewed as a standalone event.

Since the 2021 military coup in Myanmar, Malaysia has repeatedly pursued actions that have placed Myanmar nationals at risk, including unlawful deportations despite serious protection concerns, reports of unconscionable pushbacks at sea that have ended tragically, the cruel practice of indefinite immigration detention, and the continued absence of a transparent and rights-respecting asylum system.

Five years ago, the AIM and the AAM went before the Malaysian courts to challenge the deportation of 1,200 Myanmar nationals. We warned then that Malaysia risked violating the principle of non-refoulement by returning people to serious harm.

Today, despite mounting evidence of continuing abuses in Myanmar, the government has chosen to repeat the same mistake.

“Five years later, conditions in Myanmar have deteriorated significantly, yet Malaysia has taken the decision to enter into an agreement with Myanmar’s junta government to deport thousands back to where there is significant risk of harm and persecution,” said Joanne Chua, the executive director of the Asylum Access Malaysia.

“Malaysia has not been unaware of the risks. This is a policy choice made with full knowledge of the dangers.”

A blow to Malaysia’s credibility

Just days ago, Foreign Minister Mohamad Hasan declared at the UN that “international law cannot be an optional menu where rules apply only when convenient”.

Yet that appears to be exactly what is happening domestically.

For years, Malaysia has spoken forcefully about accountability, finding durable solutions, and the need to address the root causes of displacement in Myanmar.

It has welcomed international accountability efforts concerning atrocities committed against the Rohingya and has consistently argued that impunity cannot be tolerated.

Today, however, the same government is prepared to roll out the red carpet and host Min Aung Hlaing in Malaysia to facilitate the accelerated return of refugees, despite him remaining the subject of an arrest warrant request at the ICC for alleged crimes against humanity against the Rohingya.

“Malaysia cannot champion accountability at the United Nations while making deals with Min Aung Hlaing to facilitate dangerous returns to Myanmar,” said Ericsson. “If international law truly matters to Malaysia, it must apply consistently, even when doing so becomes politically difficult.

“Refugees and asylum seekers deserve the same protection that Malaysia demands for others on the international stage.”

Serious questions about refugee management

Today’s deportations also raise serious concerns about Malaysia’s new refugee management framework.

For months, the government has promoted the refugee registration document and the development of a national refugee management framework.

Yet one of the earliest and most visible outcomes associated with these developments appears to be the large-scale and collective removal of Myanmar refugees.

Many questions remain unanswered. How were these individuals identified for return, and what criteria were applied? Why was it done through a process supposedly designed to identify and protect refugees? What safeguards exist to ensure that people with protection needs are not returned to danger?

Amnesty International Malaysia and Asylum Access Malaysia express concerns that, given the current circumstances in Myanmar, none of these deportations can be considered genuinely voluntary, despite the government previously stating on 2 September that refugees have signed documents stating they voluntarily wish to return.

A refugee management framework cannot claim credibility when fundamental questions about transparency, accountability, oversight and protection remain unanswered.

“A registration document is only worth something if it protects the person holding it,” said Chua. “The test of any refugee framework is simple: are refugees safer after registration than before?

“On what we have seen this week, the answer is no. Protection begins only when no one has to fear being sent back to danger.”

A moment of reckoning

Amnesty and Asylum Access reiterate that durable solutions to the ongoing human rights crisis that has devastated Myanmar will not be achieved through unlawful returns.

They will come through accountability, protection and the resolution of the root causes that continue to force people to flee from their homes. Until those conditions exist, Malaysia is in breach of the international legal principle of non-refoulement and must immediately halt all plans of returning refugees and asylum seekers to Myanmar. It must ensure that protection, dignity and human rights remain at the centre of its response. – Amnesty / Asylum Access

Support our work by making a donation. Tap to download the QR code below and scan this QR code from Gallery by using TnG e-wallet or most banking apps: