REFUGEES IN MALAYSIA: PROTECTION FRAMEWORK, CHALLENGES AND IMPLICATIONS

Abstract

The arrivals and protracted presence of asylum seekers and refugees in Malaysia have been met with policies largely shaped by humanitarian approaches leading to inconsistent responses and impasse in achieving durable solutions to refugee dilemmas. This qualitative study using the method of desk review of materials such as books, journals and newspaper articles identifies the human rights protection framework for asylum seekers and refugees and the problematic implications and challenges for both refugees and the host country, Malaysia, due to the absence of a formal refugee protection framework at the national level. Despite gaps in and outdated nature of the 1951 Refugee Convention relating to the Status of Refugees, it calls for refugee legal protections to be based on a legal and governance framework rather than non-binding aspirations and ad hoc approaches. The latter has proved adverse to both the interests of the host state and refugee communities. The findings indicate that the impacts on denial and violation of the rights and protections of refugees across political, social and economic terrains are accompanied by risks to Malaysia’s public security and interests. The study concludes with several early recommendations on the need to firstly recognise the legal status of refugees in Malaysia and the urgency to design an adequate protection and governance framework complemented with a system of shared responsibility to protect and manage refugees who have been in protracted limbo for an average of 20 years, if not more, without durable solutions to their plight.