KNOW THE MYTHS FROM THE FACTS:

10 Things About the Refugee Issue in Malaysia

Fact 1: Refugees and undocumented migrants are different

Refugees are people who had no choice but to flee their country

because of war and human rights abuses. They cannot return home

safely. These are the people that UNHCR is mandated to protect.

An undocumented migrant is someone who does not have the

authorization to enter or stay in the country. This includes persons

who may have been trafficked, or someone who was falsely promised

work, or even a student whose visa has expired. Most of the time,

migrants are or become undocumented through no fault of their

own. They still enjoy the protection of their own Governments, and

their lives or freedoms will not be at risk if they are deported.

Fact 2: Yearly new arrivals of asylum-seekers have actually

decreased since 2013

According to data obtained from refugees, total numbers of overall

new arrivals have declined significantly since 2013 until now. In 2013,

the number of new arrivals peaked with 28,434 newly arriving

asylum-seekers. Numbers in later years have shown a decline.

UNHCR statistics do not reflect new arrivals into the country. The

statistics show how many people UNHCR is able to register, and not if

those people had newly arrived.

As of end January 2021, there are some 178,710 refugees and

asylum-seekers registered with UNHCR in Malaysia. This includes

refugees who have been in Malaysia for decades.

UNHCR shares statistical data with various Government Ministries

and Agencies on a monthly basis.

Fact 3: The UNHCR card confirms a person’s need for

international protection

UNHCR documentation serves only one purpose, which is to

recognize a refugee and asylum-seeker’s need for international

protection.

The UNHCR documentation helps protect refugees and asylum-

seekers from deportation to their country of origin where their

freedom or lives may be at risk. This is known as the customary

international law principle of non-refoulement which is binding for all

states, regardless of whether they have signed the 1951 Convention

Relating to the Status of Refugees or not. 

The UNHCR card is not a driving license, a legal document, a travel

document, or a residency permit. It does not give the person

immunity from the law.

Fact 4: Refugees are subject to the country’s laws

UNHCR card holders are not above the law. Refugees are required to

respect the laws and regulations of their country of refuge.

However, they will not automatically lose their refugee card if they

commit a crime. There are reasons when a person can be excluded

from international protection, such as if they have committed a crime

against peace, a war crime, or a crime against humanity, or other

serious reasons.

But if they commit crimes not of a serious nature, and have been

found guilty through a legal proceeding, then a refugee who commits

such a crime is expected to undergo due process of law, like any

other person living in the country.

Fact 5: UNHCR seeks to prevent forced deportation of refugees,

not undocumented migrants

Every country has the sovereign right to manage illegal immigration

on its territory, including deporting those who violate immigration

laws. But under customary international law, every country –

regardless of whether or not they are party to the 1951 Refugee

Convention and its associated 1967 Protocol – has a responsibility to

not forcibly return refugees to a situation where their lives or

freedoms may be at risk.

UNHCR seeks access to immigration detention centres so that we can

help separate refugees from undocumented immigrants. Once we

have determined who is in need of international protection and

should not be returned, authorities can proceed with immigration

formalities for undocumented migrants, while remaining confident

that Malaysia is upholding international human rights principles with

respect to refugees and asylum seekers.

Fact 6: Resettlement departures decreased in 2020 largely

because of COVID-19

Resettlement departures to third countries decreased dramatically in

2020 largely because all over the world, international travel was

stopped due to the COVID-19 pandemic.

However, it is important to understand that resettlement depends on

the available number of places for resettlement offered by third

countries. It is prioritised for highly vulnerable refugees and those in

need of urgent protection. Less than 5% of the world’s refugees will

receive a place in a third country each year.

From 2008 – June 2020, over 88,500 refugees, including Rohingya

refugees, have been resettled from Malaysia to third countries.

Fact 7: The Malaysian Government has a responsibility to protect

refugees. As do we all.

Refugee protection is a shared responsibility. It is the primary

responsibility of Governments to protect the human rights of all

people on their territory, including refugees – even if that country is

not party to the 1951 Refugee Convention and its associated 1967

Protocol.

Governments are supported in this effort by the international

community, civil society, private sector, and refugee communities.

This shared responsibility includes in helping refugees access

healthcare, obtain skills and education, and be self-reliant, and

assisting in the welfare needs of most vulnerable refugees.

Fact 8: UNHCR supports Governments’ efforts in protecting and

assisting refugees

UNHCR’s primary purpose is to safeguard the rights and well-being

of people who have been forced to flee. We do not do this alone.

Wherever we are present in the world, we support Governments and

work with partners and communities to ensure that everybody has

the right to seek asylum and find safe refuge in another country.
In Malaysia, for over four decades, UNHCR has supported the

Government of Malaysia in managing the complex challenges of

refugee protection. This is done through close engagement with

Ministries and Agencies in a variety of areas. One example is of

engagement is through the ongoing joint task force where we

explore a framework to manage refugees, including how the

Government can be involved in issuance of documentation for

refugees.

Another excellent example of close cooperation is in healthcare,

where UNHCR and the Government of Malaysia worked together in

supporting the country’s Covid-19 response in preventing infection

from spreading among the communities. As Malaysia begins the

implementation of its national immunisation programme, UNHCR

stands ready to continue providing support where it affects refugees

and asylum-seekers.

UNHCR is fully committed in our on-going cooperation with the

Government to find ways that better protect refugees which, at the

same time, address any legitimate national concerns. We are in a

constructive dialogue with the Malaysian government in this respect.

Fact 9: Refugees want to go home when it is safe

Refugee protection does not mean refugees will stay here

permanently. A person ceases to be a refugee when the conditions

that forced them to be a refugee no longer exist. For most refugees,

this means being able to return home when it is safe to do so. But

until they can, they have no choice but to remain temporarily in a

country of asylum.

Giving refugees protection does not mean giving them land or

shelter or handouts. In all of UNHCR’s experience, we have seen that

when refugees are empowered to be self-reliant, they take care of

themselves and they are able to contribute to local communities

where they live. Refugee protection means giving the space for the

private sector, NGOs, civil society, international organisations and

refugee communities themselves to work together in helping

refugees access healthcare, education, and skills so that they are not

a burden to anyone.

Refugee protection means allowing them a place to live in safety and

dignity until long term solutions are found for their plight.

Fact 10: UNHCR does not issue driving licenses

There have been news articles reporting about driving licenses for

refugees allegedly issued by UNHCR, the UN Refugee Agency.

This document is false. The UNHCR Representation in Malaysia does

not issue driving licences.

We wish to further stress that UNHCR only issues refugee identity

cards in the country, which serves to verify that the card holder is a

refugee requiring international protection and cannot be forcibly sent

to a country where their lives or freedom may be at risk. Our cards do

not accord any other right to the bearer including the right to drive

vehicles in the country.