KUALA LUMPUR, June 23 — Malaysia is home to over 215,000 refugees and asylum seekers.

According to the latest United Nations High Commissioner for Refugees report, the breakdown of the refugee population reveals that the vast majority are from Myanmar, making up approximately 88 per cent of the total. This includes 193,824 Rohingya, 15,774 Chin, and 33,002 other ethnic minorities. 

However, Malaysia not being a signatory of the 1951 Refugee Convention or its 1967 Protocol leaves this vulnerable community in a legal grey area.

This discrepancy between the country’s legal framework and the reality of its refugee population leaves many individuals in a shaky, vulnerable position, subject to the harsh realities of living as an “illegal immigrant” under the Immigration Act 155.

The Act outlines severe penalties, detention, and deportation for individuals who enter the country unlawfully, lack valid travel documents, or overstay their permitted passes.

Who are the Rohingya?

The Rohingya are a predominantly Muslim ethnic group from Myanmar’s Rakhine State.

The community has faced systematic discrimination and violence in Myanmar for decades, culminating in a military crackdown in 2017 that prompted more than 750,000 to flee to neighbouring countries like Bangladesh, Thailand, and Malaysia.

Currently, over 1.2 million Rohingya are believed to be living in refugee camps in Bangladesh alone.

Fleeing oppression, the Rohingya have sought safety, human rights, and a pathway to a better future, but the obstacles before them are daunting.

Legal framework: A loophole for refugees

Malaysia's approach to refugees is governed by the Immigration Act, which treats all undocumented individuals as illegal immigrants.

This legal framework places the Rohingya and other asylum seekers in a precarious position, exposing them to arrests, detentions, and deportations.

However, the Malaysian government officially maintains that it does not deport individuals who hold valid UNHCR registration cards. 

Malaysia has also served as a temporary shelter to resettle Rohingya refugees and other displaced persons to third countries over the years, but the resettlement programme depends on the regulations by UNHCR and receiving nations.

The role of the UNHCR card

The UNHCR card serves as a crucial lifeline for those who manage to obtain it.

This identification document allows registered refugees limited access to essential services, including healthcare and serves as a piece of documentation.

However, the card does not confer legal residency or work rights, leaving many members of the refugee community to navigate life in Malaysia through informal employment, which often subjects them to exploitation.

To obtain a UNHCR card, refugees must first undergo a registration process, which involves an interview and the submission of legal documentation.

However, many refugees still do not possess a UNHCR card due to various barriers, including a lack of awareness about the registration process, difficulties in accessing necessary documentation, registration backlog or application rejection.

UNHCR’s processing of refugee applications

UNHCR plays a crucial role in processing refugee applications and finding permanent homes for those in need.

The process typically begins with registering the refugee, conducting interviews to assess their protection needs, and subsequently offering solutions such as resettlement to a third country, local integration, or voluntary repatriation when conditions are safe.

However, the UNHCR is currently significantly slow in processing applications for Rohingya refugees to seek permanent homes in third countries.

This is primarily because resettlement options for Rohingya have become increasingly limited in recent years.

Based on recent reports citing Inspector-General of Police Tan Sri Mohd Khalid Ismail, the resettlement process is largely at a standstill due to challenges faced by receiving nations.

He was quoted by The Star as saying Malaysia had previously facilitated the relocation of between 7,000 and 8,000 refugees annually under arrangements coordinated through the UNHCR.

However, recent constraints affecting host countries have severely limited resettlement opportunities.

Non-repatriation dilemma

One of the gravest challenges for the Rohingya in Malaysia is their inability to return home.

Myanmar’s military government does not recognise them as citizens, rendering the prospect of repatriation untenable without risking further persecution.

Coupled with the principle of non-refoulement — a key aspect of international law prohibiting the return of refugees to unsafe environments — Malaysia finds itself caught between a rock and a hard place.