Suhakam tak setuju pelarian Myanmar dihantar pulang

Malaysia has commenced its first phase of a repatriation program involving approximately 5,000 Myanmar refugees, with 1,476 being returned aboard three Malaysian naval warships, according to the source. The Human Rights Council of Malaysia (Suhakam) has called on the government to halt any further repatriation efforts of Myanmar refugees.

The organization asserts that the civil war in Myanmar continues, while the United Nations (UN) reports that violence remains rife, alongside a deteriorating human rights situation. According to Suhakam, it would be unjust under international law for refugees to be returned to their home country if they face the very real risk of torture, persecution, or serious harm.

This principle applies to all countries, regardless of whether they are party to the Refugee Convention or not. Thus, Malaysia is prohibited by international law from repatriating any refugees or asylum seekers to Myanmar if their lives or freedoms could be endangered due to race, religion, nationality, membership of a particular social group, or political opinion.

Any violation of this principle constitutes an international law violation, the council noted in its statement. Malaysia launched the first phase of the repatriation program on Tuesday, involving around 5,000 Myanmar refugees, with up to 1,476 being returned aboard the three naval warships. According to the Ministry of Home Affairs, the number affected includes 27 children, comprising 20 boys and seven girls.

Malaysia is set to repatriate a further 3,524 Myanmar nationals in the second phase of the program, with dates yet to be determined by Myanmar. The government stresses that the refugees involved have voluntarily decided to return to their home country. However, Suhakam questions this, and whether their decision was made after being informed of the true situation in Myanmar and without any pressure or coercion.

They argue that such a voluntary decision must be made freely by the authorities, such as the UNHCR, and not by immigration officials. Suhakam urges the government to ensure that no further repatriation to Myanmar is carried out without a proper assessment by an independent authority regarding protection needs and the risks each individual may face upon return.

Relevant international protection bodies should also be given appropriate access to help identify those in need of protection.