Rights of the Refugees in Malaysia
Dr M Zahurul Haq
Rights of Refugees in Malaysia
General meaning “…someone in flight, who seeks to escape conditions or personal circumstances found to be intolerable”
Rights of Refugees in Malaysia ď ľ
A treaty (on Russian refugee) concluded in 1926 under the League of Nation indicated- a Russian refugee is-
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A similar approach was employed in 1936 for those fleeing Germany
Rights of Refugees in Malaysia
Two broader categories were adopted A. Outside B.
their country, and
Without the protection of the government of that state
Criteria for the Determination of Refugee Status : INCLUSION CLAUSES Definitions: Statutory Refugees Article 1 A (1) of the 1951 Convention deals with statutory refugees, that is, persons considered to be refugees under the provisions of international instruments preceding the 1951 Convention. This provision states that: “For the purposes of the present Convention, the term 'refugee' shall apply to any person who: 5
Criteria for the Determination of Refugee Status : INCLUSION CLAUSES who: (1) Has been considered a refugee under the Arrangements of 12 May 1926 and 30 June 1928 or under the Conventions of 28 October 1933 and 10 February 1938, the Protocol of 14 September 1939 or the Constitution of the International Refugee Organization; Decisions of non-eligibility taken by the International Refugee Organization during the period of its activities shall not prevent the status of refugees being accorded to persons who fulfill the conditions of paragraph 2 of this section.� 6
General definition in the 1951 Convention According to Article 1 A (2) of the 1951 Convention the term “refugee” shall apply to any person who: (2)“As a result of events occurring before 1 January 1951 and owing to well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.” 7
Rights of Refugees in Malaysia ď ľ
Refugees fleeing war or persecution are often in a very vulnerable situation. They have no protection from their own state - indeed it is often their own government that is threatening to persecute them.
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If other countries do not let them in, and do not protect and help them once they are in, then they may be condemning them to an intolerable situation where their basic rights, security and, in some cases their lives, are in danger. 8
Rights of Refugees in Malaysia ď ľ
There are no legislative or administrative provisions in place for dealing with the situation of refugees and asylum-seekers in Malaysia,
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UNHCR conducts all activities related to the protection of refugees namely the reception, registration, documentation and refugee status determination of asylum-seekers and refugees.3/4/2019
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Rights of Refugees in Malaysia ď ľ
UNHCR also promotes or provides legal and physical protection, and minimize the threat of violence which many refugees are subject to, even in countries of asylum. As part of its humanitarian support for refugees, UNHCR cooperates with various partners including government agencies, donor countries, Non-Governmental Organisations and volunteers to: 10
Rights of Refugees in Malaysia
Healthcare, education, financial support for vulnerable individuals, shelter, counseling and other welfare needs;
Community development support to refugee communities
Detention monitoring and intervention
Legal representation in court
Corporate and public fundraising
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Rights of Refugees in Malaysia ď ľ
Principle of non-refaulement, art 33 of 1951, Convention Relating to the Status of Refugees
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Jus cogens of international law
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Rights of Refugees in Malaysia
Protection of Refugee in Non Signatory States
UDHR
International Covenant on Civil and Political Rights
International Covenant Cultural Rights
Convention on the Rights of the Child
Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
Fourth Geneva Convention of 1949
Declaration on the Protection of All Persons from 13 Enforced Disappearance
on
Economic,
Social
and
7/6/2013
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