Home Civil Society Voices Refugee interceptions and detentions: A call for action and reform

Refugee interceptions and detentions: A call for action and reform

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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 and 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.

As at the end of December 2024, the UN 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.

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.

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The MMEA’s assistance in providing food and drinking water to the intercepted boats 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 crimes, and possibly relevant witnesses, are not sent out of Malaysian jurisdiction – which would defeat one’s right to justice.

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.

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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. – Bar

Mohamad Ezri Abdul Wahab is president of the Malaysian Bar.

The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.

AGENDA RAKYAT - Lima perkara utama
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Orang Ulu
Orang Ulu
3 Feb 2025 10.31am

Solve the problems not it’s symptoms. Malaysia should appoint Trump as it’s Advisor on boarder management.

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