BURMA DIGEST

BURMA DIGEST

08.10.2006

midnight operation in Malaysia to round-up migrant-workers from Burma

_by Victor Khen Sang

Hundreds of RELA which mean civilian volunteers together with few immigration officers conducted a sweeping arrests of suspected illegal immigrants at 2.30am ( 05 / October / 2006 ) in the vicinity of Jalan Imbi which is the heart of Kuala Lumpur where most of the Chin asylum seekers stayed in the old buildings. The RELA flushed out people who are still semi-asleep with their night clothes such as shorts, longyi, and mostly are wearing T-shirts in front of the Chin Refugee Centre where there is a small parking space. Jungle military uniform clad RELA and immigration officers screen more than two thousands suspected illegal immigrants and released those who have UNHCR refugee recognition cards and those who have valid passport with visas. However, RELA loaded hundreds of asylum seekers on the truck and drove them to their main office where two UNHCR officers are readily waiting to countercheck asylum seekers whether they are registered or not.

Although about hundred asylum seekers are released from RELA office after checking with UNHCR officers, the RELA authorities detained 45 Chin male asylum seekers and seven female asylum seekers who are carrying the Chin Refugee Committee papers for identification. The Chin Refugee Committee is issuing a paper to any Chin asylum seeker who wants to approach UNHCR to get registration to claim for refugee status. UNHCR office has been closed since August 2005 until today and no asylum seeker can submit his/her asylum application. As UNHCR is closed, thousands of Chin asylum seekers are registered under Chin Refugee Committee while waiting for UNHCR to re-open to submit their applications. What is surprising is that UNHCR in Malaysia is not registering asylum seekers base on their fear of persecution in their original country but on the hardship they face in Malaysia. If a person have serious disease or detained by police then the UNHCR registered him/her as an asylum seeker.

If the UNHCR can release asylum seekers from detention while their cases are under consideration, why not they registered all asylum seekers and just give them a consideration status if that consideration status can release them from detention? Asylum seekers are those who fled detention and persecution from their home countries. Why did UNHCR ignore the main cause of motive behind the fact an asylum seeker crossed international border and landed in second countries? The criteria which the UNHCR use to measure up whether an asylum seeker claim reach the Mandate of UNHCR to get a convention refugee status should be base on well founded fear of persecution. The image of United Nations High Commissioner For Refugee ( UNHCR ) foundation should reflect on the par with an Emergency Department in a hospital as a fleeing refugee from persecution and a person who is in need of urgent physical attention can be weigh in within the same balance with different method of urgency. If UNHCR can close their office for refugees who are approaching them to get refuge, emergency department in hospital can also close their door when an injuring person is taken for urgent treatment.

UNHCR in Malaysia distributed about 600 refugee cards to Chin asylum seekers who are working at vegetable farms and told them that the refugee cards they gave them are not for resettlement to third countries but just for protection meaning protection from police and immigration arrest. However, the UNHCR do not give refugee cards to other Chin asylum seekers who are also working in the same place with those whom the UNHCR distributed refugee cards. The separation of their status which divided them into two different refugee persons with those who get UNHCR cards and those are ignored under UNHCR sent many asylum seekers into deeper distress.

The mismatch representation by UNHCR within the context of dealing with local government concerning asylum seekers upon detention left some asylum seekers ended up in jail for several months doubled the problem with the closure of applications of asylum seekers. The point of fear among Burmese asylum seekers especially Chin asylum seekers in Malaysia is the fear of arrest by law enforcement agencies and deportation to Myanmar as Malaysia is not a signatory to UNHCR convention and refugee can be arrested anytime as illegal immigrant. The lukewarm approach of UNHCR to Malaysian government in the pretext of asylum seekers protection and their security left the rest of thousands of stranded refugees at the door of prison to be arrested. Asylum seekers are shuttling between the closed UNHCR gate and an open prison from local authorities. When asylum seeker approaches UNHCR in fear of arrest and deportation, he/she is push back by UNHCR and returned empty hand. The UNHCR seem to wait an asylum seeker be arrested by law enforcement officials before he/she get a chance to be interview.

The United Nations High Commissioner for Refugee (UNHCR) Liaison office here in Kuala Lumpur, Malaysia tangibly is in need of bottom up reform to deal with the upsurge of refugees in Malaysia. A country like Myanmar which the military thugs made the nation into prison and held hostages every citizen as prisoners is forcefully producing more refugees flooding into neighbouring countries. In this critical situation concerning refugees, UNHCR should better prepare itself to deal with the onrushing challenge of standing for human rights. It is not a time to be brave enough to close UNHCR door for asylum seekers but time to show the courage to stand and open to those who are fleeing.

[The author, Victor Khen Sang, is representing Chin refugees in Malaysia]

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