On World refugee day, June 20 2011, RISE feels compelled to express our concern about the asylum seeker deal between the Malaysian and Australian governments. This day marks the 60th anniversary of the UN Convention relating to the Status of Refugees (July 28) and the 50th anniversary of the Convention on the Reduction of Statelessness (August 30). Events are being held around the world where refugee communities are being invited to dance and sing and help celebrate this landmark day with refugee agencies all over the world. However, many in the refugee community will mark this day with a heavy heart: we are faced with the prospect of UNHCR endorsing the Malaysia-Australia deal at both the regional level and in Geneva by helping process asylum seekers (including many stateless Kurds-men, women and children) warehoused and isolated in Christmas Island immigration detention centre, ready to be shipped out of Australia. RISE has been contacted over the last few weeks by a man who has been recognised by the Australian government as a refugee - still being held in detention in Australia - who is distraught at the prospect that his wife and four year old son who are being held in Christmas Island could be sent to Malaysia as part of this deal.
The UNHCR is a “not-for-profit organisation that is dedicated to providing life-changing humanitarian support to refugees and other displaced and stateless people” (http://www.unrefugees.org.au/about-us/australia-for-unhcr-sydney) and as such, it should protect the rights of asylum seekers and refugees against discrimination and persecution. If UNHCR endorses this deal, there will be only be a few small refugee advocacy groups left standing up for refugee rights. There are already many existing problems in UNHCR's Malaysian regional processing centre that the agency has failed to address or solve. These problems are evident in the fact that Malaysia is not a signatory to the UN Refugee Convention and has not upheld basic human rights of refugees for decades. To quote the UNHCR High commissioner's note in 1977 on the principal of non-refoulement (Article 33(1) of the UN Refugee convention): "It is important to note, that the principle of non-refoulement does not only forbid the expulsion of refugees to their country of origin but to any country in which they might be subject to persecution." So why does UNHCR condone Australia sending asylum seekers to a third country that is not safe?
It is also disheartening on such a day, for refugee communities to be faced with the fact that Australia, a signatory of the UN refugee convention, abrogated it's responsibilities to uphold it's principles and initiated such a deal. The Australian Government policy on refugees continues to be driven by the personal ambitions of politicians who have demonstrated a lack of respect for Australia's stature as a standard bearer of international laws in the Asia pacific region and a lack of concern for lives of communities that are displaced by war and conflict.
Seeking protection from fear is not a luxury, it is a basic human right; the statement by Gillard that this policy helps breaks the people smuggling "business model" ignores this right by dehumanising the lives of human beings and turning them into commodities. Does Gillard understand that the Malaysia "solution" will not stop the basic human instinct to escape from danger and save the lives of those we love or is it another cynical political exercise?
Malaysia hosts some 90,000 refugees and asylum-seekers, 92 per cent of whom are from Myanmar. Other significant refugee populations in the country originate from Afghanistan, Iraq, Somalia and Sri Lanka. Camps in Malaysia are crowded and lack adequate sanitation. Many refugees have poor health because of this. Refugees there also have no work rights; their children have no rights to basic education. They are incredibly vulnerable to exploitation and poverty and cannot seek proper protection from Malaysian state authorities.
CEO of RISE Ramesh Fernandez says "We condemn a deal where refugees are sent to a country where there is no formal distinction between a refugee and an illegal immigrant and access to legal, employment, educational and medical services is limited. Being party to such a deal would be an abhorrent act that ignores the fact that abuses against refugees in Malaysia is on public record and has been condemned by bodies within the UN itself. UNHCR must stop endorsing this deal and focus on real empowerment and protection of refugees and asylum seekers in all parts of the world, rather than focusing on deals that also create funding and employment for those who work within it's organisation. We ask people all over the world to join us in appealing to all parties involved to stop this deal.
The R.I.S.E Media Unite http://riserefugee.org/wp-admin/post.php?post=1429&action=edit&message=1
Please visit R.I.S.E World Refugee Day Message 2011 http://riserefugee.org/rise-refugee-day-message/