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The Role of Non Signatory State to the 1951 Refugee Convention: The Malaysian Experience

Ahmad, A. A., Abdul Rahman, Z. and Mohamed, A. M. H.

Pertanika Journal of Tropical Agricultural Science, Volume 25, Issue S, October 2017

Keywords: ASEAN, asylum, convention, human rights, mechanisms, refugees, sovereignty, UNHCR

Published on: 16 Apr 2018

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.

ISSN 1511-3701

e-ISSN 2231-8542

Article ID

JSSH-S0536-2017

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