The Refugee Crisis In Southeast Asia: The Malaysian Experience

• Main Authors: Abdullahi Ayoade, Ahmad, Abdul Majid Tahir, Mohamed
• Format: Article
• Language: English
• Published: 2016
• Subjects: JV Colonies and colonization. Emigration and immigration. International migration; JZ International relations
• Online Access: http://eprints.unisza.edu.my/5176/1/FH02-FUHA-17-08412.pdf; http://eprints.unisza.edu.my/5176/
• Institution: Universiti Sultan Zainal Abidin

In Southeast Asia, the protection space available for refugees, asylum seekers, and stateless people is fragile and unpredictable. This is due to the lack of national legal frameworks in most of these countries. In fact, some states have introduced restrictive policies such as denying safe disembarkation or access at the airport and narrowing protection space and access to asylum. There is also an increase in maritime pushbacks and instances of refoulment. In addition to not being party to the 1951 Refugee Convention, Malaysia lacks the legislative and administrative framework to address refugee matters; this has continued to pose various challenges to its sovereignty for decades. As a result, all asylum seekers and refugees are treated as irregular migrants, and in the absence of substantive engagement by the authorities, the United Nations High Commissioner for Refugees (UNHCR) remains the last option to shoulder the burden of their international protection responsibilities. The current development of humanitarian problems washing up on its shores from Myanmar and Bangladesh echoes grave concern for Malaysia, such as its impact on the tourism industry, especially Western tourists. Malaysia is already home to about 150,000 foreign migrants, of which roughly 45,000 are Rohingya refugees. The present paper investigates the impact of the presence of refugees in Malaysia, being a non-signatory party to the Refugee Convention of 1951. It further examines the mechanisms in place to safeguard the rights of refugees, and how such an initiation has been managed without letting it affect the sovereignty and integrity of the nation.