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The Star
20 hours ago
- Politics
- The Star
Time for a formal codified framework
ONE of the oft-talked about issues when it comes to refugees is their right to work in their host countries, including in Malaysia. But things in Malaysia seemed to bode well for refugees when Minister in the Prime Minister's Department (Federal Territories) Datuk Seri Dr Zaliha Mustafa said in a written parliamentary reply early this year that refugees will be allowed to work under an improved National Security Council Directive No.23. However, the National Human Rights Commission (Suhakam) has called the directive too little, too late, pointing out that it merely offers short-term relief. Suhakam also points out that the directive has 'inexplicably' remained a confidential document, and called for its urgent implementation, as it was approved by the Prime Minister in June 2023. 'Short-term policies, while providing immediate relief – albeit limited in nature – must be followed by a comprehensive legal framework to ensure sustainable and rights-based solutions for refugees,' Suhakam has stated. Now that the United Nations High Commissioner for Refugees (UNHCR) Malaysia has shown its support and willingness to work with the government to establish a domestic legal framework for refugees, Suhakam and civil society are once again calling for a formal codification of laws that address the refugees' situation in the country. 'Suhakam has consistently observed with concern that Malaysia stands without a formal domestic legal framework for refugees, primarily because it is not a state party to the 1951 UN Refugee Convention and its 1967 Protocol. 'This raises a troubling question: Do we really need to be bound by international law before we can offer compassion and regulation to those in need within our borders? Is this a justifiable stance?' the commission says to Sunday Star. As a nation, Malaysia has a duty to promote, protect and fulfil the rights of every individual while preventing any violations of those rights. As such, Suhakam says that without a structured legal framework, Malaysia leaves countless vulnerable lives in limbo. 'This is not just a legal failing, it is a human tragedy. 'In the face of such pressing needs, the development of a national framework isn't merely desirable, it is essential. 'It would provide the much- needed legal clarity, policy consistency and institutional responsibility required to address refugee-related issues with dignity and care.' This way, even without ratifying the UN Refugee Convention, Malaysia can enact rights-based legislation that aligns with its existing commitments under other international human rights treaties, the commission adds. Among key elements that Suhakam recommends for the framework are a clear legal definition and recognition of 'refugee' and 'asylum seeker' status, a differentiation between refugees and Pati (pendatang asing tanpa izin, or undocumented immigrant), a government-led procedure for status determination in coordination with UNHCR expertise, the right to legal identity documents for recognised refugees and asylum seekers, and the right to legal stay and protection from refoulement. Refoulement refers to the forcible return of refugees or asylum seekers to a country where they are liable to be subjected to persecution. Suhakam recommends that the framework include not only legal work rights, but also access to basic services such as healthcare, education and justice, as well as safeguards against arbitrary arrest, detention and deportation. These have long been the main concerns brought up in refugee- related discourse. North South Initiative (NSI) executive director Adrian Pereira says these are some of the fundamental basic rights listed in the Universal Declaration of Human Rights. He adds that there are existing frameworks in Malaysia, but they are not formally codified or articulated in a way that ensures consistent, dignified service. For example, education for refugees is dependent on the private sector, while healthcare is unsubsidised. Meanwhile, legal employment exists for refugees in Malaysia, but they do not get the full protections of the different employment- related laws, he says. So there is definitely a need for a formal codified framework, he says, 'because it's so under the bare minimum standard currently'. Pereira also warns against adopting the practices of other countries that have also not signed the UN Refugee Conven-tion: 'I think that the idea is not to compare whether there is an existing model from non-signatory countries. We should always aim and aspire for the highest standards, not go for the least standard.' He points out that Malaysia has a good track record of hosting the Vietnamese boat people in the 1970s. 'So we don't need to look at other examples. Just retrospectively look back at what we have done.' Suhakam's proposals for a formal legislative framework for refugees > Strategy 1: Identification and registration of refugees: Review the National Security Policy 2021-2025. Amend Section 55 of the Immigration Act. Include definitions for refugees and asylum seekers in the Immigration Regulations 1963. Introduce a Refugee Pass in the Immigration Regulations 1963. Amend the Immigration Regulations 1963 (Admin-istration and Management of Immigration Depots 2003) to ensure refugee status is recognised at immigration depots. Create special regulations under the Passport Act 1966 for refugees lacking travel documents. > Strategy 2: Provide opportunities for refugees to work formally: Amend the Immigration Regulations 1963 to allow registered refugees to work. > Strategy 3: Provide inclusive educational opportunities: Amend the Zero Refusal Policy and relevant sections of the Federal Constitution and Education Act to ensure that the right to education includes refugee children. Facilitate community-based school registration for refugees under the Private Education Division and State Education Department. Ensure that the syllabus provided meets the current educational level of refugees while being recognised internationally. > Strategy 4: Health welfare for refugees: Revise the Guidelines for Fees (Medical) (Service Costs) Order 2014 to replace 'Pati registered with UNHCR' with 'Refugees and Asylum Seekers', and exempt hospitals from reporting to the Immigration Department. (Pati is an acronym of 'pendatang asing tanpa izin', or undocumented immigrant.) > Strategy 5: Promote a safe and harmonious family structure: Increase awareness of provisions allowing refugees to register marriages, divorces, births and deaths. Advocate for a secure family system that includes marriage registration and the issuance of birth certificates, with strict enforcement for non-compliance. > Strategy 6: Break the cycle of poverty and economic instability: Collaborate with refugee-receiving countries to establish clear criteria for refugee acceptance Promote refugee talent for potential placement in third countries. Source: Suhakam


Perth Now
5 days ago
- Sport
- Perth Now
Dad suffers life-changing injury during rugby game in Perth
A father's life has been 'turned upside down' after he suffered a serious spinal injury during a rugby union match in Perth's western suburbs. Joseph Ritchie, 43, was rushed to Royal Perth Hospital with serious injuries after a scrum collapsed in the first half of a match at Sir Charles Court Reserve, in Crawley, on Saturday. He was playing for Nedlands Rugby's third grade team at the time of the incident. RugbyWA said Mr Ritchie 'suffered a serious spinal injury as a result of a collapsed scrum'. Nedlands Rugby said the father of five — who moved to Perth from New Zealand — fractured his C3 vertebrae and suffered severe trauma to his spinal cord. 'Early in the first half of our third grade game, one of our brothers, Joseph Ritchie (aka Peanut), sustained a spinal injury during a match, the club said in a statement. 'Peanut is currently in Perth Hospital, facing an uncertain road to recovery. 'A proud dad of five, a loving partner to his fiancée Kelly, a loyal teammate, and a friend to so many.' The club said doctors were 'still assessing the full extent of the damage' which occurred when his team was facing Joondalup Brothers Rugby Club. Joseph Ritchie suffered a spinal injury during Nedlands Rugby match at Sir Charles Court Reserve. Credit: Caleb Runciman / supplied 'Since moving from New Zealand to Perth in 2009, he's built a life centered around family, hard work, and community. Now, that life has been turned upside down,' it said. 'What's clear is that the months ahead will be incredibly tough — emotionally, physically, and financially. 'There's no certainty of full recovery, and the family's world has changed overnight. 'The kids — especially their youngest, just 3 and 5 — will need ongoing support.' A hospital spokesman said Mr Ritchie was in a serious but stable condition on Tuesday. The club said Mr Ritchie's partner will take time off work to care for him. RugbyWA said strict injury protocols were followed once the scrum collapsed. 'RugbyWA can confirm the case of a serious spinal injury incident that occurred at Nedlands Rugby on Saturday, June 21, 2025,' a spokesperson said. 'Serious Injury Protocol guidelines were followed after the incident. 'The player was stabilised at the ground and taken by ambulance to Royal Perth Hospital, where the full extent of the injury is still being assessed. He was playing for Nedlands Rugby's third grade team at the time of the incident. Credit: facebook/Nedlands Rugby / supplied 'We thank all members of the community involved in getting Joseph to safety, including Luke Paley from Joondalup Brothers, who kept his arm motionless under Joseph's head for over 45 minutes following the incident.' RugbyWA chief executive Simon Taylor said 'our thoughts and support are with Joseph Ritchie, his family and the Nedlands Rugby community as they go through this incredibly difficult time.' 'A much-loved father, partner, teammate and friend, this critical incident has deeply affected all members of the WA rugby community. 'We all wish Joseph the best as he undergoes the process of recovery.' According to the Australian Institute of Health and Welfare, there were 3400 hospitalisations attributed to rugby league and rugby union in 2021-22. Fractures accounted for 52 per cent of hospitalisations, followed by soft tissue injuries at 20 per cent. There were 280 hospitalisations for concussion. A fundraiser to support his family, which can be found here, has gathered support from the rugby community across WA and people as far as New Zealand.


The Sun
22-06-2025
- Politics
- The Sun
Malaysian Bar renews call for refugee rights
PETALING JAYA: On this year's World Refugee Day, the Malaysian Bar has reaffirmed its commitment to standing in solidarity with refugees in Malaysia and around the world. Observed annually on June 20, World Refugee Day 2025 carries the theme Solidarity with Refugees, underscoring the urgent need for compassion, protection and meaningful legal reform for displaced communities. 'Globally, over 100 million people have been forcibly displaced due to war, persecution, violence and human rights violations,' said Malaysian Bar president Mohamad Ezri Abdul Wahab. He said Malaysia hosts a significant refugee and asylum-seeker population, many of whom live without legal recognition or access to basic rights such as education, healthcare and employment. 'Despite facing immense challenges, refugee communities in Malaysia continue to demonstrate resilience and strength. 'Many contribute to local society through informal education programmes, community initiatives, skills development and humanitarian outreach – efforts that reflect the spirit of this year's theme,' he said in a statement. However, legal and systemic barriers remain. Refugees in Malaysia are not formally recognised under domestic law, leaving them vulnerable to exploitation, arbitrary arrest and detention. In light of these challenges, Mohamad Ezri called for urgent and meaningful reforms to uphold the rights and dignity of refugees and asylum-seekers. 'Firstly, the Malaysian Bar urges the enactment of a clear legal and policy framework that recognises the rights of refugees and asylum-seekers in accordance with international standards. 'Secondly, we call on the Malaysian government to accede to the 1951 Refugee Convention and its 1967 Protocol.' He also stressed the importance of ensuring access to essential services, including legal protection, healthcare, education and lawful employment for all refugees and asylum-seekers. In addition, the Malaysian Bar advocates community engagement and partnerships that support integration and uphold the dignity of displaced persons. 'As officers of the court and advocates for justice, the Malaysian Bar remains steadfast in its commitment to defending the rights of marginalised and vulnerable communities. 'True solidarity with refugees goes beyond compassion. It demands the pursuit of meaningful, rights-based solutions that ensure protection, dignity and inclusion. 'On this World Refugee Day, let us reaffirm our shared humanity and strive to build a society in which no one is left behind, regardless of their status or origin,' he said.


New Indian Express
16-06-2025
- Politics
- New Indian Express
Rising refugee crisis amid collapse of global moral order
With the rise of populist nationalism and majoritarianism, the displaced are facing an unprecedented pushback around the world. Last week, the Lancet pointed out that one in every eight people in the world is on the move today, driven by economic, political, demographic, environmental and socio-cultural forces. However, even as migration—including movement propelled by climate emergencies—is emerging as one of the biggest concerns in the 21st century, the rights and lives of refugees are coming under inhumane pressure. In this context, it is a solemn moment to remember that, stung by the partition's humongous refugee crisis, India has not ratified either the 1951 Refugee Convention, which serves as the principal legal document defining refugee status, or the 1967 Protocol that removed geographic and time-based limitations on the status. These treaties flowed from 1948's Universal Declaration of Human Rights, the high-minded document that underlined the newly-formed UN's purpose. Today, with its resolutions observed more in breach, the warnings of its secretary-general ignored and the funding of its agencies gutted, the UN system is becoming increasingly comatose. The Lancet pointed out that the World Health Organization's Health and Migration Programme faces an uncertain future barely five years after being set up; the health journal warned of the devastating consequences of its closure for millions of refugees around the world.


Time of India
16-06-2025
- Politics
- Time of India
India not a signatory, UNHCR card not valid here, says court
Representative image THANE: Additional sessions judge G T Pawar on Monday sentenced eight Rohingya Muslims to two years of simple imprisonment and fined Rs 10,000 each for illegally entering and residing in India without proper documentation. The court also ordered their deportation to Myanmar upon completion of their sentence. A ninth accused, who was charged with abetting their illegal entry, was acquitted due to a lack of evidence. The case dates back to Feb 2024, when the police received a tip-off about some foreign nationals living near the Uttan shore. During a raid at Chowkgaon, police found several individuals attempting to flee. Upon detention, they were found carrying UNHCR cards that confirmed their Myanmar citizenship. However, the court clarified that such cards hold no legal value in India, as the country is not a signatory to the 1951 Refugee Convention or its 1967 Protocol. Letters from the Foreigners Regional Registration Office and police authorities further confirmed that holders of UNHCR cards are not permitted to reside in India. Judge Pawar cited SC's ruling in Mohammad Salimullah vs Union of India (2021), which allowed for the deportation of Rohingya Muslims following due procedure. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like ¿Padece una enfermedad renal crónica (ERC)? Trialbee Más información Undo The court also referred to past judgments stating that the burden of proving citizenship lies on the accused. During sentencing, the accused appealed for mercy on humanitarian grounds, stating that conditions in Myanmar were unsafe. However, the court rejected the plea, noting that India's population burden and internal security concerns override such considerations.