Category Archives: Reports

Malaysia: A Blow to Humanity: Torture by Judicial Caning in Malaysia

Link: http://www.amnesty.org/en/library/asset/ASA28/013/2010/en/199a43b6-c204-4414-9cf6-bec6f6ac380e/asa280132010en.pdf

Malaysia openly practises widespread torture and other ill-treatment by subjecting thousands of refugees, migrants and Malaysian citizens to judicial caning each year. This form of corporal punishment has nothing to do with Islamic law. Under international law, judicial corporal punishment such as caning constitutes torture or other ill-treatment, which are absolutely prohibited in all circumstances. As a member of the Association of Southeast Asia Nations (ASEAN), Malaysia should consider the regional consequences of caning migrants and refugees. To comply with international law, the Malaysian government must abolish judicial caning altogether.

Please view link for further details.

The International Detention Coalition (IDC) finds cheaper and effective alternatives to immigration detention

On a daily basis women, children and men are detained for immigration purposes around the world. Immigration detention is extremely expensive, can harm the health and wellbeing of those detained and has been found to not be effective at deterring irregular migrants. Global research spanning two years, conducted by La Trobe University and the IDC, found cheaper alternatives that work effectively in the interests of government, communities and the individual.

IDC has just launched their first-ever handbook to prevent unnecessary and damaging immigration detention.

Read their media release here.

Read the handbook here.

Between a Rock and a Hard Place: Afghan Refugees and Asylum Seekers in Malaysia

Article from Asia Pacific Refugee Rights Network, by Sharuna Verghis of Health Equity Initiatives

08 June 2010, Kuala Lumpur.

Afghanistan has been the source of one of the world’s largest and most enduring protracted refugee situations.  However, Afghan refugees and asylum seekers in Malaysia are a relatively recent phenomenon.
Health Equity Initiatives (HEI), today, released the report of a study on the situation of Afghan refugees and asylum seekers in Malaysia.  Through 73 interviews with Afghan refugees and asylum seekers in Malaysia, data from its case management and mental health services, and interviews with UNHCR and other non-profit organizations providing educational services to this population, the report highlights the chronic multi-dimensional deprivation experienced by this population.

Read the full article here.

2009 Global Trends: Refugees, Asylum-seekers, Returnees, Internally Displaced and Stateless Persons

Global Trends 2009-2010 by UNHCR

Click on the link above for the full report by UNHCR in pdf format.

Video: Why no action over abuse of detainees?

Puchong parliamentarian Gobind Singh Deo has demanded immediate government attention to “alleged widespread abuse of detainees”, based on claims in a UN Human Rights Working Group report.

World Refugee Day Report by UNHCR

Report: Refugees in Malaysia arrested, abused and denied the right to work.

Article from Amnesty International

The Malaysian government should give refugees in the country the right to work, Amnesty International said on Wednesday as it revealed a litany of abuses suffered by refugees in Malaysia, the vast majority of whom are from Myanmar.

Released ahead of World Refugee Day on 20 June, the report Abused and Abandoned: Refugees Denied Rights in Malaysia documents the plight of refugees and asylum-seekers who have reached Malaysia, where they are refused legal recognition, protection, or the right to work.

“Refugees should be able to live with dignity while they are in Malaysia. The government should move immediately to issue refugees official ID cards and grant them the right to work,” said Chris Nash, Head of Refugee and Migrant Rights at Amnesty International.

Refugees and asylum-seekers in Malaysia are subjected to arbitrary arrest, detention in appalling conditions, caning, extortion, human trafficking and deportation back to the persecution that they fled.

In February, Malaysian Home Secretary Hishamuddin Hussein proposed the introduction of government ID cards for UN-recognized refugees, and stated that refugees should be able to take on “odd jobs” but not have the full right to work. However, no concrete steps have been taken to introduce the ID cards since then.

Government ID cards would give refugees and asylum-seekers in Malaysia some immediate protection from arbitrary detention, harassment and extortion by police and the People’s Volunteer Corps (RELA), who routinely refuse to recognize cards issued by the UN Refugee Agency (UNHCR).

The Malaysian volunteer police force RELA continues to operate in a climate of impunity, despite recent government assurances that the organization would cease to be involved in immigration enforcement.

The US Department of State 2010 Trafficking in Persons report confirmed this week that RELA arbitrarily detains refugees and asylum-seekers, that “refugees were particularly vulnerable to trafficking”, and that despite government efforts, there was limited progress in convicting traffickers.

Amnesty International said it acknowledges that in the last year Malaysian officials have stopped handing refugees and asylum-seekers to human traffickers operating on the Thai-Malaysian border.

“There is a long way to go for Malaysia on refugee rights, but government-issued ID cards are a start. This is the right time for Malaysia to take this very simple, but concrete and positive step that will make a huge difference to the lives of tens of thousands of refugees and asylum-seekers in the country,” said Chris Nash.

Amnesty International has urged the government to continue to improve refugee policies, including by building on its cooperation with the UNHCR instructing law enforcement agencies to stop detaining UNHCR card-holders.

It has also urged other countries to increase their resettlement of refugees currently in Malaysia.

Resettlement provides a small number of refugees with the opportunity to rebuild their lives in countries such as Australia, Canada, the United States and in Europe. However, there has been a notable lack of resettlement of the Muslim Rohingya ethnic minority from Myanmar.

Malaysia has not ratified the Refugee Convention, and refugees and asylum seekers are treated as irregular or undocumented workers under Malaysian law. UNHCR is the only authority in the country that recognizes refugees and offers them any assistance.

There are 84,200 refugees and asylum-seekers registered with UNHCR in Malaysia, although the numbers of unregistered people in similar circumstances are estimated to be over twice that.

Over 90 per cent of registered refugees and asylum-seekers in Malaysia are from Myanmar.

This work is part of Amnesty International’s Demand Dignity campaign, which aims to end the human rights violations that drive and deepen global poverty. The campaign will mobilize people all over the world to demand that governments, corporations and others who have power listen to the voices of those living in poverty and recognise and protect their rights. For more information visit the Demand Dignity website.

Read and download the full report in PDF here:  Abused and Abandoned: Refugees Denied Rights in Malaysia

Foreign Labor Trends: Malaysia (2002)

By the U.S. Bureau of International A ffairs United States Department of Labor.

Read here.

2010 UNHCR country operations profile – Malaysia

(excerpt)

Key targets for 2010

  • Timely registration, fair and efficient RSD procedures and issuance of UNHCR ID cards for asylum-seekers and refugees.
  • Legal counsel provided to 500 asylum-seekers and refugees charged with immigration offences in court.
  • “Best Interest Determination” procedures are applied in the cases of 2,000 unaccompanied minors.
  • Enhanced support programmes and targeted interventions help 30,000 women and children.
  • Advocacy is conducted with key government counterparts to develop a legal and administrative framework to deal with refugees.
  • Medical care is provided for 90,000 people of concern nationwide.
  • The risk of HIV and AIDS is reduced and the quality of response improved through community health education for 81,000 people.
  • Non-formal education or skills training is provided for 3,800 adolescent youth.
  • At least 3,000 children of primary-school age have access to learning opportunities.
  • Resettlement referrals are made for 15,000 refugees.
2010-11 UNHCR planning figures for Malaysia
TYPE OF POPULATION ORIGIN JAN 2010 DEC 2010 – JAN 2011 DEC 2011
TOTAL IN COUNTRY OF WHOM ASSISTED
BY UNHCR
TOTAL IN COUNTRY OF WHOM ASSISTED
BY UNHCR
TOTAL IN COUNTRY OF WHOM ASSISTED
BY UNHCR
Total 201,900 74,500 220,100 106,800 221,200 119,900
Refugees Myanmar 61,500 61,500 88,500 88,500 100,400 100,400
Various 4,000 4,000 5,000 5,000 5,800 5,800
Asylum-seekers Myanmar 7,000 7,000 10,800 10,800 10,800 10,800
Various 2,100 2,000 2,500 2,500 2,900 2,900
Stateless 40,000 - 40,000 - 40,000 -
Others of concern Myanmar 26,000 - 12,000 - - -
Philippines 61,300 - 61,300 - 61,300 -

Note: This article is linked under the “Important Documents and Statistics” category.

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