Pelarian & Tanpa Dokumen

1) Legislative/administrative framework for the protection of Refugees and Asylum Seekers for legal status to prevent arrest and detention.

2) Legal status, to enable work rights to be formally employed.

3) Refugee children to be able to join the National Education System and Religious schools.

4) Affordable access to healthcare and withdrawal of Directive 10 which makes it obligatory for Health Care staff in Government Health Care Institutions to report to immigration enforcement, any undocumented Refugees who sought treatment at the hospital.

An identification system (IDS) should be created for them. This IDS must issue a personal identification card with photo and renewable every 3 years. It must be made acceptable at banking institutions and various other public domains which require a pictured ID.

1. In alignment with the State obligations under the CRC, the preamble aspirations of the Child Act 2001 as amended, and the compulsory primary education mandated under the Education Act 1996 as amended, have clear directives and implementation measures on the integration and admission of stateless, refugee, undocumented & displaced children into national education system
2. Official recognition for alternative schools and learning centers operated by NGOs and Community Based Organisations that cater to stateless & displaced children.
3. To allow stateless & displaced children to sit for public examinations and obtain certification
4. To allow stateless & displaced children to compete for the enrolment in public universities with the same fees as locals

1. Government to develop a comprehensive legal and policy framework for the management and protection of all refugees and asylum seekers in Malaysia, which includes the right to seek asylum, legal status and the right to stay and enact/amend relevant national laws to incorporate the provisions.

2. Increase cooperation and ensure meaningful engagement with civil society organizations and to create an interagency committee (consisting of both government and key civil society representatives) on governance and protection of refugees. This committee should be formed to make recommendations related to legal and policy reform on refugee protection. They should be accountable and report directly to the Cabinet, who will have the mandate and power to approve any recommendations. Multi-stakeholder technical working groups should then be constituted to address the mechanics of implementation.

3. To exempt all UNHCR-registered refugees and asylum seekers from prosecution and to subsequently release from detention those registered with UNHCR. Then grant temporary legal status to those registered with UNHCR. Enable those currently in detention the right to seek asylum with UNHCR.

4. Ensure accessibility to basic rights such as the right to education and healthcare, right to work, livelihood, housing and access to justice.

RECOMMENDATION
1. Amend the Immigration Act to decriminalize undocumented immigration status, provide
for only administrative remedies, and remove detention, imprisonment, and corporal
punishment for being undocumented.
2. Adopt a human rights perspective in the enforcement of the Immigration Act against
undocumented. Take into account actions and negligence of other parties which cause
undocumented status. Do not further victimize the undocumented migrants.
3. If detention is unavoidable for immigration or passport offences, bring the person before
a magistrate within 24 hours. There must be alternatives to detention referring to
Suhakam’s recommendations and a mechanism to protect children, the elderly, pregnant
women and others with special needs do not get detained.
4. Remove the ouster clause in section 59 of the Immigration Act ‘Exclusion of right to be
heard’ and section 59A ‘Exclusion of judicial review,’ in order to permit detainees to be
heard and challenge the grounds for their detention and removal.
5. Allow undocumented migrant workers to seek redress through the Labour Department
for labour rights violations under the Employment Act.
6. Facilitate redress by providing undocumented migrants pursuing their case in the Labour
Department or any court of law, free Special Passes to stay, as well as permission to
work. Access to Yaysan Bantuan Guaman Kebangsaan / legal aid for migrants, so they
have access to legal aid, in their levy money can be used for legal assistance.
7. Create a Permanent platform for meaningful and institutionalized collaboration between
state and civil society organizations to facilitate redress for undocumented migrant
workers.
8. Provide undocumented migrant workers affordable access to the equal, affordable and
accessible health care as available to Malaysians. It is crucial to remove MOH Circular
10 and ensure a firewall between health services and immigration.
9. Enforce stern punishments with blacklisting against errant agents, employers and
government officers who cause migrant workers to become undocumented by acts of
commission, omission or dereliction of duties

1. In partnership with UNHCR Malaysia and civil society organizations, develop a formal policy to end immigration detention of refugees and asylum seekers.
2. As part of implementing this formal policy, develop screening and referral mechanisms for refugees and asylum seekers to seek asylum and be referred to more appropriate reception facilities instead of immigration detention.
3. Pending development of the formal policy, immediately grant UNHCR access into immigration detention centres to conduct screening and verification of currently detained refugees and asylum seekers.
4. MoHA and MWFCD to develop a formal policy to end immigration detention of all children. As a first step, immediately implement the ATD pilot program in collaboration with civil society and release unaccompanied children into alternative care arrangements that are not lock-down shelters.
5. Regularly publish data on the numbers of refugees, asylum seekers, and children in immigration detention, disaggregated by age, group, gender, nationality, and those registered with UNHCR.
6. MoH, MoHA, MWFCD, and the Immigration Department to work together to improve conditions in immigration detention, including but not limited to, improving the quality of food and water, provision of hygiene items for all detainees, improving latrine facilities, and prompt and adequate access to healthcare.

Repeal gender discriminatory nationality laws and policies. In particular, amend the Federal Constitution to allow for:
(i) a child born to a Malaysian citizen to automatically acquire Malaysian citizenship, irrespective of the gender of the Malaysian citizen parent and whether the child is born in or outside of Malaysia; and
(ii) Malaysian citizens confer nationality on foreign spouses on an equal basis irrespective of the citizen spouse’s gender.

Ensure the comprehensive application of existing safeguards provided by the Federal Constitution to ensure that every child born in Malaysia, who will otherwise be stateless, is granted Malaysian nationality, regardless of the gender, ethnicity, documentation or immigration status of the parents.
Remove reservation on Article 7 of the Convention on the Rights of the Child and the Federal Constitution to be amended to ensure that every child born in Malaysia, who will otherwise be stateless, is granted Malaysian nationality, regardless of the gender, ethnicity, documentation or immigration status of the parents.

Ensure that all children who are stateless or at risk of statelessness, including foundlings and adopted children, are granted nationality without discrimination and in compliance with Malaysia’s constitutional safeguards against statelessness.
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Ensure all undocumented, stateless children in Malaysia have immediate access to public education

Ensure applicants’ access to the correct citizenship application forms and timely decision making on citizenship matters.

In accordance with natural justice, provide applicants for citizenship with full reasons for negative decisions.

1. Repeal MoH Circular No 10/2001, and any other subsequent Circular(s) with obligations on healthcare providers to identify and report undocumented patients seeking treatment to law enforcement authorities.
2. Introduce a firewall (a separation) between healthcare providers and immigration and security enforcement. Take necessary steps to ensure firewalls are respected.
3. Initiate a sustainable, and comprehensive health-financing scheme within the public health system for refugees and asylum-seekers with the aim to reduce the cost barrier, promote self-reliance, and improve universal health coverage.
4. Implement a public health response that is inclusive and regardless of legal status. Particularly within the Covid-19 response, ensure safe access to vaccinations, testing, and treatment for refugees and asylum seekers without reprisal.
5. In collaboration with civil society and refugee-led organizations, increase healthcare providers capacity to provide translation and interpretation services, and health education to increase health literacy, and enhance understanding of healthcare providers of the vulnerabilities, challenges, needs of refugees and asylum seekers.
6. Strengthen implementation of health policies and guidelines in all places of detention to ensure persons detained have adequate and prompt access to medical care when needed.
7. Amend the Fee Order to ensure that non-Malaysian children have access to free vaccinations.

1. Article 14 of the Federal Constitution must be amended to include citizenship for children
born overseas, and children who are born in Malaysia but cannot prove that they are born
in Malaysia or to Malaysian parents.
2. Article 14 must also include children who are adopted but cannot prove that they were
originally born to Malaysian parents.
3. Section 17, Part II of the Second Schedule must be amended to allow Malaysian mother’s
to confer citizenship to children born outside of Malaysia.
4. These amendments removes the discrimination against illegitimate children or adopted
children.

1. Enforce labour protections for refugees and asylum seeking workers and ensure that they are able to seek redress for labour violations, in line with the Employment Act and Industrial Relations Act. With clear policies, guidelines and training across departments on filing and handling of labour dispute cases filed by refugees/asylum seekers.

2. Develop a comprehensive policy/framework for the management and protection of refugees and asylum seekers in Malaysia, and enact/amend relevant laws and policies that will provide a right to stay and work rights which includes access to formal labour across all industries and geographical locations, access to social security benefits and insurance.

3. Form a technical committee between government ministries, UNHCR, and civil society to improve and institutionalize coordination of work rights. A phased approach can be adopted, with members of the technical committee providing feedback throughout the design, implementation and review phases. The technical committee should also consult widely with representatives from refugee community and employers

4. Ensure that a comprehensive recruitment and monitoring system under the Ministry of Human Resources is put in place to ensure that refugees and asylum seekers labour rights are protected, and are not exploited or trafficked in any way.