A Memorandum On World Refugees Day, “the Decade of Failure”

A Memorandum On World Refugees Day,

“The Decade of Failure”

UNHCR recognized a Refugee who had been detained 6 times and deported 3 times, had sent a letter to us. Who refused to be identify for fear of various reflections. He wrote as

Dear The Sail’s Editor



As we celebrate refugees day, refugees all over the world face failure of their rights on daily basis.

However refugees Day comes and pass may have a little improvement to meet international obligation in recognition of the right to life and dignity that refugee protection is a fundamental rights both on humanitarian and human rights grounds.

But this year had landed by Nargis Cyclone victims about 1.5 million (correction 2.5 million), beside hundred of thousand people dead (may be possible upto 130000, 200000 to 300000 according to various reports.).

Burmese groups around the world had been calling humanitarian bodies to relief Nargis victims regardless of illegal Junta’. But, still remaining illegal Junta’s theory and Nargis victims dying by endangering life and health. At the same time, many of activists were arrested for their humanitarian supports and unknown numbers of activists had been flowed into refugee population. During the similar flow applies on ‘monk’s peace movement; referendum issues. It is the need to adopt a new sanction to illegal Junta’s establishing human rights violations..

which includes, Burma’s rulers denied a present territory of Rohingya in seventh century AD, and Rohingya are not considered to be Burmese citizens.

Rohingya is one of the most unforgotten and isolated people from Burma. They do not leave their homes willingly. They were endlessly facing traumatic persecution particularly, expulsion from homeland, depriving all sources of their rights, prosecution, oppressed by Burma’s rulers, regarding long standing campaign to Victimize and Burmanize. It makes them to flee from homeland and passing the risks for many days that trying to find safety in different lands,. But their arrival to close regions, had been rendered by it legislation under defining act of illegal migrants and then disposing to slavery campaign in regard of modern day persecution. After escape from such territory, a few numbers were hopping to meet their obligation under it concern agency to provide legal representation and meet legal instrument. But they had been isolated to meet such kind of instrument or such instrument was not provided for Rohingya.

We also well known about UNHCR recognized Burmese refugees’ suffering and facing in the circle of arrest, detention, uncertain deportation and selling for various secret purposes in closed regions. The other hand, on the flow of international humanitarian communities serious in helping refugees, some occasional arguments are growing to host government to recognize all refugees, particular group for Rohingyas, including ratification of “Refugees Conventions” (regardless of host government’s reluctant to response, yet), and then to regularize by IMM-13 ‘work permit’ (regardless of tandem affects and refugees’ claimants), (“IMM-13 is not authorized as a citizen or travel document”, said Mohd Nazri, Minister in Prime Minister Department, on 02 Nov 2004, source from malaysiakini.). Where not signatory to both of refugees conventions, no legislation protection for refugees or asylum-seekers, yet require to reflect by the spirits of International Customary law: CRC: CEDAW: Detention Rights. When refugees was arrested and detained in horrific condition, no one (or) no representation with them, no one can provide legal aid and no one interest the past one regarding media theory, as well as passed invisibility to highlight as illegal immigrants. Reportedly, every one of UNHCR recognized 15,000 Rohingya refugees had been faced arrest, detention, deportation regardless of age and condition and out of about 10% had been punished by whipping. They are still under the attest of ‘clarifying illegal’. About 4,000 Rohingya children are willing yet to ensure their legal learning of basic education. MERHROM’s Mr.Zafar said, “he had been reported to ‘UN special reporter on the right to education’, in early 2007. The other hand, “Dr. Volker Turk’s confidential promise is ‘refugees will not affected by the crackdown’ had been failed again in 2005. (source highlighted in malaysiakini, 15 Dec 2004). As well as he better understood the situation but failed to tackle and casual-transferred. It became to believe that Rohingyas were isolated from it agenda, like the previous. Ensured lives like in limbo, while unscrupulous solution was set no parameter”, said an activist.

But there was over concerning on breaching “Fundamental International Law” that facing problems by refugees including over crowding; various inhumane abuses; providing malnutrition food and insufficient diet, criminal justice system and modern day slavery in the respect of international level. However, there are not reducing the continuous exercising according to it country’s legislation in the host and then nothing advanced protection of refugees or ‘refugees rights’. Incidentally, some of a few numbers are mis-leaning and mis-wondering on controversial, but they were not also free from such circle. We were still treating as the host’s enemy No. (2).

We well known that discrimination is not welcomes in human rights campaigns but doing in verbal task and practices with discrimination in certain humanitarian field. Also, un-welcomes that refugees facing abuses in humanitarian premises, on their inevitable approaches. Therefore, humanitarian challenges strongly oppose that frontier UNHCR has certained in misinforming to;

Rohingya refugees that

  1. (a)“Chins are likely to be resettle” ,Source from malaysiakini, on 15 March 2007. But this creates hotility amongst Burmese refugees.

(b) “Administration has not yet ordered resettlement for Rohingya”, replied in Ajil detention camp, on Nov 2007. (testimony by most Rohingya detainee refugees)

(c) “we, office does submit non Rohingya for resettlement process, is our policy”,replied by phone. (some Rohingya refugees were reported to area based community)

  1. Malaysian government that “all refugees may are set to return home following a peace deal          between the government and rebel there”. Source from malaysiakini, on

  1. Local media that “resettlement is depend on various resettlement countries, not by UNHCR”, Source from malaysiakini, on15 March 2007

  2. “There was certainly a decline in resettlement post-Sept 11. That’s because of a changed security environment.” Said Dr Volker Turk, Head representative Officer for UNHCR-Malaysia. Source from malaysiakini on 10 Nov 2004.

  3. Foreign reporters that “some a few numbers were succeed in local integration and most are still under the process of local integration”( according to a reporter reported to area based community, before 2008 )

  1. Foreign reporters that “the time after election is moved to positive and some hopes in opposition and government” (according to a reporter reported to area based community,, in April 2008 )

  1. “According to Office policy you are not eligible for resettlement”, replied by mlslu@unhcr.org, on 17 Jan 2006

  2. “we, UNHCR cannot help Rohingya”, replied by an officer who visited to Semenyith detention camp, in an interviewed with a prolong detainee Rohingya on 04 June 2008.


It means indirectly neither Rohingya refugees became an interest group nor un-isolated group. It comes to know that if a Rohingya was arrested, the person was forced to accept withdrawal consently after prolong detained and tied for deportation. Because of no resettlement process, no protection for constant security problems, no way to get release like others, can not deport to different country, no accept by home country and no one to care the rest of detainee’s family. Unfortunately, the detainee Rohingyas were sold to human traffickers and forced to pay unbearable amount 1700 to 2500 RM for smuggling entry or free. Otherwise, would be sold into fishing boat or serve in plantation or sex worker sectors with uncertain duration. Reportedly, many are still missing. Usually, it frontier agency also not highlight and just erase the deportee person and then not interest where the person are, according to it policy. The worst is Rohingyas was mis-using and mis-informing by various ways and misconception that “Rohingya is closed to Malaysia, affiliation is a solution, generally every single refugee suffering is simple”. Particularly, we are being closed to such circle of’. Untold suffering that how they surviving while no right to work; no right to stay; lack of handle and sanitation by it frontier closed agency. In some of few numbers meet some strong argument and propose not to admit guilty if not committed sin. While the host government’s legal Lawyer declaring that the person who had not proper document under enforcement department in the entry of Malaysia, the person should be sentence for his guilty. When the person was demonstrated on the right path, the person was remanded again and again and transferred to many prisons for at least 8 months suffering. But later of 8 months, the person was agreed consently to admit guilty. . As, various argument without duration or task is unavailable in un-signatory country and once postponed of the remand jumps to after a month. Loneliness that the person was interested and met once only by whoever.

Therefore, it diverted to approach directly to the imminent voices of refugees because they are suffering, they are refugees if we believe or give a hand to’.

That is why the most of resettlement countries informed by official letter to various organizations that “their state has already welcomes refugees regardless of race, religion, colour or rank. Please, approach to frontier UNHCR, UNHCR itself can be consider in the context of this quota”. While remaining as the largest resettlement countries USA and Canada, and Australia in Asia Pacific region, Rohingyas may be apply the same protection.

Unbelievable, 3 disability Rohingya refugees from Maung Daw township-Arkan, namely Md.Jalal 20, Abdul Khalid 22, and Ama Dudul 32 were thrown in front of UNHCR office by smuggle agent, at 4:00am, on 09 June 2008. they 3 are being very very disability, leprosy on part of body and suffering polio and then crawl only. But UNHCR office had refused to provide assistant and protection as it current policy, but call a Rohingya women and ordered to lift to ACTS clinic and then to provide assistant, shelter and food. Usually, lower curable clinic refers to hospital or instability treatment conducted for uncertain persons. So, the result founded because of deficiency. Finally, they had been also refused to stay someone’s home for their unidentified status and disability conditions as their hands do not work even to eat food. Fortunately, Tenaganit-GBV following and visited many times and then provided financial assistant and seeking for medication. Therefore, 6 fays later, they were lifted by Tenaganita-GBV’s officer Mr.Jerry, to get providing shelter under ACTS clinic in Batu Arang. However, yet they 3 are in need and hopping UNHCR’s assistances according to it decades based legislations.

In additionally, I would like to copy the previous declaration that our home country official declaration that Rohingya is not one of the ethnicity and denied citizenship under 1982 country constitution, however, it comprise to 5 major reasons in refugees convention. So Rohingya is different compare to others who are accepted as citizenship and recognized. We, Rohingyas have nothing to do in Burma before reload our rights, possessions, farmlands, historic buildings, spirits. But

  1. UN official Mr. Shinji Kubo’s thesis on his handed over 18 recognized Burmese Rohingyas to police department that he had been unable to provide substantial or credible information establishing their refugee status. Source from BBC World Service, on 25 June 2002.

  2. UNHCR Liaison officer Mr. Lowell Martin had denied and dismissed our situation on Nov 2003. 


But these thesis were not reliable to compel it constituted declaration and even Mr. Shinji Kubo had also mis-worded them as occupied the agency compound for more than a week. Therefore, we demand that;



  1. what we international communities have to involve is the need of intervention in frontier UNHCR’s policy-mania.

  2. UNHCR to review it policy and ratify resettlement for Rohingyas to any country.

  3. To allow new registration of disability, vulnerable refugees and family members.

  4. To stop various abuses in frontier UNHCR.

  5. To open UNHCR’s cooperative clinic in between Cheras and Ampang area where most of Rohingyas are based.

  6. To distribute legal aid to it recognized detainee refugees in detention centers.

  7. To give assistances to it recognized vulnerable Rohingya refugee families. and

  8. To save it recognized refugee deportee from uncertain deportations.

  9. To stop arrest, detentention, deportation or hand-over to traffickers, of Refugees. While conducting our process to resettlement.

We are in need of the same protection, assistance, education and a safe environment, like others. Pl, don not isolate to us.

We also like to call upon UNDP to practice it decades based declaration of ‘rights’. Especially, to Nargis victims in Myanmar and long rooted statelessness’s solution. Nevertheless, Burma is not interested country.

The Host’s Approaches

Auxiliary Police Unit (Rela) director Zaidon Asmuni said, “if talking about human rights, can not talk about security. Illegal migrants are enemy No.2, No. 1 is drug”. (source from multimedia in an interview on Dec 2007, www.iht.com and others )

Minister of directed by government said, “don’t to quote international Law to Malaysia ”, in the meeting with our head officer Dr. Volker Turk. ( source from malaysiakini, 15 Dec 2005 )

Malaysia has not signatory to any agreement concerning refugee which mean do not recognized UNHCR asylum seekers or refugees, in 02-Feb-2007. ( source from News Strait Time )

Malaysia is like other United Nation member Countries, do not recognized UNHCR’s Power.(NST page-2, 02 Feb 2007 )

We are happy in “if the UNHCR here had their own camp, they provide shelter, funding.. and promise to repatriate the refugees”, in 09:18 am, 15 March 2007. ( source from Malaysiakini )

Refugees have become a perennial problem for us, anybody who comes into the Country without proper documentation will be consider illegal, we have more than our fair share, they should be relocate to a third country, the fact is we are not signatory to 1951 06 1967 Refugee Convention, we have called the Agency,.., in 18 April 2007. ( NST, page 8 )

Ministry department of directed by the government said, “O.. , illegal one, our office do not work for illegal”, when some political officer or consultant from various embassies approached for refugees’s issues.

In o5 Aug 2007, two Rohingyas activists had been beaten inhumanly and arrested by Rela Mohamed, Rela Officer Manickam, Rela officer Mohamed and bald-head Rela officer from Rela Station Batu 10, Cheras. At the same time, the same Rela bald-head officer said, “this is not UN Territory, because of you foreign illegal people- we Malaysian have no jobs, we Malaysians have yet require to meet various rights, the raid is not held by as we want, but by PM order, see SMS”.. MERHROM’s Mr.Zafar was jacked his neck and forced to leave the premise of Rela Station,Batu-10. Cheras.

Foreign Minister said, ”We won’t recognize refugees, .. a view to escape hard-shop in their own country”, in Nov 2007,  NST

Since Nargis Cyclone, about 200 Burmese Rohingya refugees were arrested and handed over to Malay-Thai border agency. About 100 were still held in detention various centers.

Recently in 14 June 2008, current Home Minister Syed Hamid Alber said, “no quick solution to illegals,..Previously we discussed with UNHCR to discuss with other country to help take in the stateless people,…arguing here not to be emotional over the issue,… you cannot impose,.. we understand the fear of the local people,..” source from The Star News.




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Courtesy from The Sail’s Editor



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