Suhakam tak setuju pelarian Myanmar dihantar pulang

Malaysia has begun its first phase of repatriation program involving approximately 5,000 Myanmar refugees, with 1,476 refugees being sent back on three military vessels of the Myanmar navy. Malaysian Human Rights Commission (Suhakam) has urged the government to halt any further forcible repatriation of Myanmar refugees. Suhakam stated that the civil war in Myanmar is still ongoing, while the United Nations (UN) reports that violence and human rights abuses are continuing.

According to Suhakam, it is unlawful under international law for refugees to be sent back to their country of origin if they face a real risk of persecution, torture, or serious harm. This principle applies to all countries regardless of whether they are a party to the Refugee Convention or not. This means Malaysia, even though not a party to the Refugee Convention, is bound by this principle.

Malaysia is therefore prohibited by international law from repatriating any refugees or asylum seekers to Myanmar if there is a reasonable risk to their life or freedom due to their race, religion, nationality, membership in a particular social group, or political opinion. Any violation of this principle constitutes an international law violation, said Suhakam in a statement.

Malaysia started its first phase of the repatriation program on Tuesday, involving around 5,000 Myanmar refugees, with up to 1,476 being sent back on three military vessels of the country. According to the Ministry of Home Affairs, the number affected includes 27 children, 20 male and seven female. Malaysia will repatriate a further 3,524 Myanmar nationals in the second phase of the program, with dates to be determined later by Myanmar.

The government asserts that the refugees involved have voluntarily decided to return to their home country. However, Suhakam questions this claim and whether their decision was made knowing the real situation in Myanmar without any pressure or coercion. Suhakam argues that voluntary decision must be determined by independent bodies such as the UNHCR and not immigration authorities.

Suhakam urges the government to ensure that no further repatriation to Myanmar is carried out without a proper assessment by independent authorities with regard to protection needs and the risks each individual may face upon returning there. Relevant protection agencies must be given appropriate access to help identify those who need protection.