JULY 18 — A week ago, an article was published on "UNHCR’s Questionable Strategies”.

In the article, the author eloquently oriented readers on the plight and sufferings of refugees.

These depictions veraciously described the predicaments and persecution that refugees often face throughout their migration journeys and during their stay in Malaysia. While much of this is gravely accurate, I cast significant doubt on the author’s portrayal of UNHCR and its role in refugee protection in Malaysia.

At the global stage, the UNHCR is the UN Agency mandated to provide protection to and identify solutions for refugees all over the world. While the author had rightly pointed out that Malaysia is not a party to the Refugee Convention, this non-ratification does not absolve the state from rendering assistance to refugees and according them basic human rights. Given the lack of ratification however, it is key to acknowledge that UNHCR is taking on a surrogate role in place of the government, who in fact has primary responsibility over the protection of all persons within their borders, including refugees.

In adopting this surrogate role, the UNHCR is accorded with an insurmountable task of balancing its mandate in addressing the immense needs of refugees with its ever strained and limited resources. In recent times, the UNHCR estimated that there are 65.6 million people forcibly displaced, 22.5 million of whom are refugees. This is undoubtedly the highest number ever seen by UNHCR since its founding in 1950 following the World War II. It therefore comes to no surprise that resources continue to be strained particularly in countries like Malaysia that fall to the bottom of the list as funding priorities shift towards crisis areas in the world.

In Malaysia, the UNHCR plays many important roles, including documenting and registering asylum seekers, and recognising them as refugees. To do so, they ensure that each individual meets the requirements under the Refugee Convention and are granted international protection. The process of registration and status determination often necessitates lengthy hours of interviews alongside thorough research and analysis by only a small group of qualified UNHCR officers. While these efforts are ongoing, hundreds if not thousands more new applicants are awaiting their turn. This inadvertently creates long waiting times. While it is easy to offer critique over UNHCR’s processes in documenting refugees, one should also bear in mind the challenging financial and political landscape in which the agency is up against. With all said and done, the UNHCR has managed to register 150,000 odd refugees over the years, without which no refugee in Malaysia would have access to such protection.

Another important role that the UNHCR carries out, is to assess and provide short-term monetary assistance to refugees who are deemed extremely vulnerable. Similarly, this role is significantly challenged with the finite amount of resources available. Needless to say, it is virtually impossible and impractical to support all 150,000 refugees financially. As most refugees are stranded in Malaysia for a protracted period of time and still require subsistence to live, there is much advantage in allowing refugees to work legally. This gives them the opportunity to cover their own basic needs including medical bills, food and living costs, while simultaneously contributing to the economy of the country. The benefits of this pragmatic solution is an evident win for both the Government and the refugee population, but nonetheless, demands the political will of the state.

Ultimately, many of the problems underlined in the author’s article, while accurate, are simply not a mere indication of UNHCR’s function or strategies. Instead, many of the predicaments highlighted, such as the inability of refugees to work, the ill-treatment they face as illegal immigrants under the Immigration Act, the protection risks of arrest and detention, and the limited access to healthcare, are all implications of existing government policies. What the UNHCR could improve on nonetheless, is in raising awareness and educating all stakeholders on its role and processes, simultaneously ensuring transparency in communicating its challenges of addressing issues like lengthy waiting times. Resolving such complex issues cannot be done without the cooperation and support of the international community, the Malaysian government, the local NGOs, the refugee communities and the Malaysian people.

All in all, as a member of the civil society, I believe there is much more to gain if we were to work positively towards an environment of responsibility sharing and of helping one another, rather than of critique and criticism of those in the business of helping refugees. In maintaining a united front, the civil society would have greater capability in harnessing its potential to advocate the adoption of more inclusive and pragmatic policies by the Government given the benefits. Only with such a strategy can we ensure that the needs of refugees are placed at the heart of the issue and that the overall refugee predicament is addressed effectively.

* This is the personal opinion of the writer and does not necessarily represent the views of Malay Mail Online.