Pertanika Journal of Social Sciences and Humanities
Volume 25, Issue October, 2017, Pages 61-72

The role of non signatory state to the 1951 refugee convention: The Malaysian experience (Article)

Ahmad A.A.* , Rahman A.Z. , Mohamed A.M.H.
  • a Faculty of Law and International Relations, Universiti Sultan Zainal Abidin (UNISZA), Kuala Terengganu, Terengganu, 21300, Malaysia
  • b Universiti Malaya (UM), Kuala Lumpur, 50603, Malaysia
  • c Faculty of Law and International Relations, Universiti Sultan Zainal Abidin (UNISZA), Kuala Terengganu, Terengganu, 21300, Malaysia

Abstract

The protection of refugees, asylum seekers, and stateless people is fragile and unpredictable in ASEAN countries, principally because majority of its member states are not signatory to the 1951 UNHCR convention. Consequently, there is lack of national legal frameworks to offer adequate protection to refugees. 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 seekers. There is also an increase in maritime pushbacks and instances of refoulment. As a result, all asylum seekers and refugees are treated as irregular migrants, and in the absence of substantive engagement by the authorities, UNHCR remains the last option for refugees protection responsibilities. This paper examines the status of refugees in Malaysia, a non-signatory party to the Refugee Convention. It lacks legislative and administrative framework to address concerns of refugees and therefore, the study proposes mechanisms that can be adopted by the country to protect and safeguard the interests of refugees without affecting Malaysia's sovereignty. © Universiti Putra Malaysia Press.

Author Keywords

UNHCR sovereignty Asylum Convention human rights Refugees ASEAN Mechanisms

Index Keywords

[No Keywords available]

Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-85045619154&partnerID=40&md5=4a433ac85d2a36ec09fd12f2a578a47b

ISSN: 01287702
Original Language: English