Media Statement – 20/6/2019
Malaysia Need Enact A
Law On Refugees And Asylum Seekers, And Not Extradite Any Person In Violation
Of The Principle Of Non-Refoulement
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If Zakir Naik is a aslum seeker or
refugee recognized by law, then extradition must be avoided?
On the occasion of World Refugee
Day (June 20), MADPET (Malaysians Against Death Penalty and Torture) urges
Malaysia to enact a law on Refugees and Asylum Seekers, which will also define rights of refugees and asylum
seekers in Malaysia.
This becomes all the more
important when Malaysia has entered into Extradition Agreements with many
countries, where strict adherence to request for extradition may see Malaysia
violating the principle of non-refoulement when they send back such refugees
and asylum seekers and/or refugees to the very countries they fled from to
escape persecution based on "race, religion, nationality, membership of a
particular social group or political opinion".
The reason May 2019 arrest and
return of a Thai National, one Praphan Pipithnamporn, then a United Nations High Commissioner for Refugees(UNHCR)
recognized asylum seeker, was an embarrassment and was a violation of the
principle of non-refoulement.
The refusal to return to China
the 11 ethnic Uighur Muslims in October 2018, on the other hand, was a
commendable act.(Asahi Shimbun, 12/10/2018). Malaysian position with regard
the Rohingyas seeking asylum in Malaysia is also good.
Now, Malaysia, who has an extradition
agreement with India, may be forced to decide whether to return Zakir Naik to
India if India makes a request in reliance of that agreement. The question will
be whether the said Zakir Naik, is considered an asylum seeker or refugee by
Malaysia.
Zakir Naik was accorded Permanent
Residency (PR) status by Malaysia allegedly in 2015, but it has never been made
clear whether Malaysia considers him a refugee or an asylum seeker, and as such
is bound to protect him and not send him back to India.
Having no law on refugees and
asylum seekers currently, Malaysian declaration that Zakir Naik is a recognized
asylum seeker or refugee will only be a mere political position, which may have
more weight if Zakir Naik is also recognized by UNHCR as a refugee or asylum
seeker OR Malaysian law considered him a refugee/asylum seeker.
This again raises the importance
for Malaysia to have a clear law on refugees and asylum seekers, which will
mean Malaysia will have the right to determine who Malaysia considers refugee
or asylum seeker in law, and hence entitled to enjoy the full protection of
Malaysia, including the assurance that Malaysia will not be in violation of the
principle of non-refoulement. Extradition
Agreements cannot, and should not, be used against asylum seekers and refugees
recognized by Malaysian law.
Malaysia is not a signatory to
the 1951 United Nations Convention Relating to the Status of Refugees, which
really is of little consequence if Malaysia has its own law that recognizes and
protects asylum seekers and/or refugees, and adheres to the principle of
non-refoulement.
Asylum Seekers and Refugees need
to be accorded legal recognition and status.
At present, with regard to
foreign nationals, Malaysia only recognizes legal immigrants(or documented), meaning
foreigners that are in Malaysia with a valid visa or permit, and all other
foreigners are considered ‘illegal’ or undocumented, and as such are subject to
be arrested, charged, tried, imprisoned, whipped and/or deported.
Asylum seekers and refugees would
generally fall into the category of ‘illegal’ immigrants, and as such we need a
clear law that grants recognition to refugees and asylum seekers, being a
special class of foreign nationals. This recognition should starting from the
time they seek asylum until the point they are accorded the said asylum seeker
or refugee status, and thereafter until they are re-settled in another country
or alternatively allowed to remain in Malaysia temporarily or permanently.
Such a law will also determine whether
they do have a right to work, carry on small business or earn a living whilst
their applications are being processed and thereafter. As it stands, such
asylum seekers and refugees at present do
not have a right to work in Malaysia.
At present, Malaysia seem to have
an unwritten policy that special treatment be accorded to those seeking or
those who have obtained asylum or refugee status from the UNHCR. There is no
clear position whether they can work and earn a living in Malaysia. However,
the recent arrest and handing over to Thailand a UNHCR recognized asylum seeker
shows how inadequate this is to protect refugees and/or asylum seekers.
Malaysia’s new Pakatan Harapan
government must enact a law on Refugee and Asylum Seekers, which also will
affect the obligations under these Extradition Agreements/Treaties that Malaysia
is now a party to. There should be no extradition of persons recognized as
asylum seekers or refugees.
MADPET urges Malaysia to enact a
law that will govern the treatment and rights of refugees and/or asylum
seekers, or those applying for such status;
MADPET also calls on Malaysia to
ratify/sign the 1951 United Nations Convention Relating to the Status of
Refugees and other relevant conventions that will recognize and protect rights
of refugees and asylum seekers in Malaysia.
MADPET also urges Malaysia to
review obligations under existing Extradition Treaties/Agreements, to ensure
that it does not violate Malaysia’s obligations under the principle of non-refoulement.
Malaysia should never surrender anyone, including an accused or even a convicted
person to another country if the said person is then recognized by Malaysia and/or UNHCR as a
refugee and/or asylum seeker
Charles Hector
For and on behalf of MADPET (Malaysians Against Death
Penalty and Torture)
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