JUNE 7 — The Centre for Human Rights Research and Advocacy (Centhra) expresses unease over the ill treatment and lack of concern for the rights of refugees in particular the Rohingya community in the name of combating the ongoing Covid-19 pandemic. Centhra echoes the call by the Director-General of Health for the Malaysian Government to treat detained refugees humanely.
Even though Malaysia is not a party to the Convention Relating to the Status of Refugees 1951 and its 1967 Protocol as well as the Convention Relating to the Status of Stateless Persons 1954, Malaysia as a member of the international community and the Asian–African Legal Consultative Organization is bound by the principle of non-refoulement in international customary law as well as Article III(1) of the Bangkok Principles on the Status and Treatment of Refugees 1966. Malaysia must therefore ensure that refugees and stateless persons in Malaysia are treated humanely in the fight against Covid-19. This includes ensuring that sufficient space for individual distancing is important to avoid amplification of the disease due to the confinement of refugees and stateless persons in small spaces. Contained as they are in a manner by our own design, it is only fitting that they are provided adequate and healthy food, drink and education. Any refugee or stateless person(s) found to have contracted Covid-19 must also be entitled to the same healthcare benefits provided by the state or the private sector as those afforded to Malaysians.
Centhra reminds the Government and people of Malaysia that Article 14(1) of the Universal Declaration of Human Rights 1948, Article 12 of the Cairo Declaration of Human Rights in Islam 1990 and Article 16 of the ASEAN Human Rights Declaration 2012 states that every person has the right to seek, receive and enjoy asylum from persecution. As Malaysia subscribes to these fundamental human rights principles enumerated within these core international human rights instrument applicable to it as a member of the UN, OIC and ASEAN, thus the human rights of the detained within Malaysia should be respected and access to their welfare should be allowed. The Covid-19 pandemic is not and must not be used as an excuse to neglect refugee welfare or actively marginalise refugees and stateless persons.
The Malaysian Government and people must understand that their actions in respect of refugees and stateless persons are monitored not only by the countries of those detained, but the world at large and any negative incidents regarding the same could result in loss of global goodwill, especially considering hitherto Malaysia’s stellar example in upholding the rights of oppressed peoples elsewhere in particular with regard to Palestinians and Syrians, to name but a few. Malaysia’s reputation for hospitality should be put to good use here as we should demonstrate the exemplary behaviours of our forefathers. Let us reaffirm the spirit and wording of the New York Declaration for Refugees and Migrants 2016 in standing in profound solidarity with those who are forced to flee persecution, as well as reaffirm our obligations to fully respect the human rights of refugees and migrants without distinction as to national origin.
As a nation having Islam as its state religion per Article 3(1) of its Federal Constitution, we are under an Islamic obligation to treat all humans regardless of race, religion or social status equitably and fairly. Any deportations, if necessary, must be done in a respectable, humane manner. There can be no quick fix when it involves the welfare of humans no matter their status or who they may be. Centhra reiterate its call on the Malaysian Government to consider ratifying the Convention Relating to the Status of Refugees 1951 and its 1967 Protocol as well as the Convention Relating to the Status of Stateless Persons 1954 and enact legislation in the form of a Refugees and Stateless Persons Act to give full effect to their provisions within our domestic law, thus granting refugees and stateless persons the right to work, education and access to healthcare until they are able to enjoy the safe passage back to their respective homelands or resettle in any third country per our human rights obligations.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
