Malaysia does not recognise refugee status of Rohingyas

Malaysian authorities insist they canot allow boats carrying ethnic Rohingyas to enter the country’s waters (BERNAMA)

KUALA LUMPUR: Malaysia’s government said it does not recognise the refugee status of any groups, including the Rohingyas, even if they are United Nations High Commission for Refugees (UNHCR) card holders.

Such groups were, instead, classified as illegal immigrants (PATI), Home Minister Hamzah Zainudin said.

Malaysia is not party to the 1951 Refugee Convention or the 1967 Protocol Relating to the Status of Refugees, thus it has no legal or administrative framework governing refugee status and rights in the country.

“However, the government has, on humanitarian grounds, allowed those with the UNHCR card to stay temporarily in the country before being placed in a third country by the UNHCR on a case-by-case basis,” Hamzah said in a statement regarding the status of ethnic Rohingya refugees in the country, National news agency BERNAMA reports.

In March, there were 179,521 UNHCR card holders living temporarily in Malaysia, including 101,584 ethnic Rohingyas, representing 56.6 percent of the total, he added.

The minister stressed that based on a review by the Home Ministry, it was found that the National Registration Department (NRD) had never registered any Rohingya association in the country.

As such, he said, any association representing ethnic Rohingyas in Malaysia was illegal under the Societies Act 1966 (Act 335) and legal action can be taken against them.

“Therefore, ethnic Rohingyas who are UNHCR card holders do not have the status, rights and basis to demand anything from the government,” he said.

The Home Ministry, through its departments and agencies, remained committed to ensuring public order was maintained and any action by UNHCR card holders that could undermine public order and in violation of the country’s laws would not be tolerated, Hamzah said.

According to the minister, the Royal Malaysia Police (PDRM) have received 19 reports against ethnic Rohingyas holding UNHCR cards during the Movement Control Order (MCO), enforced to curb the spread of COVID-19. Four investigation papers have been opened.

The minister added that two Myanmar boat skippers are to be charged in court for allegedly being involved in a syndicate smuggling illegal immigrants holding UNHCR cards into the country, BERNAMA said.

Commenting on the decision by Malaysian authorities not to allow a boat carrying ethnic Rohingyas to enter the country’s waters on April 17, Hamzah stressed that it was done in accordance with the law to protect the country’s sovereignty.

However, on humanitarian grounds, Malaysian authorities offered them food supplies before escorting the boat out of the country’s waters.

Hamzah said the move to tighten borders, including backdoor routes, in order to prevent intrusions by illegal immigrants was in line with the government’s measures to close all entry points to foreigners in a bid to break the chain of COVID-19 transmissions.

“The Home Ministry wants to emphasise that the authorities will always be prepared to prevent any intrusions on its borders and territorial waters,” he said.

The minister reminded illegal immigrants holding UNHCR cards to continue to respect and obey the laws of this country.