Suhakam warns of international law violation over refugee repatriation

The Human Rights Commission of Malaysia (Suhakam) has cautioned the government against further repatriation of Myanmar refugees, aligning with civil society's concerns. Suhakam highlighted the ongoing civil war in Myanmar and the persistent human rights violations reported by the United Nations. They emphasized that customary international law prohibits the return of refugees to their home countries if they face a real risk of persecution, torture, or other severe harm.

This principle binds all states, including Malaysia, which is not a party to the Refugee Convention. Suhakam argued that Malaysia's repatriation program violates this fundamental principle, obligating it to cease such actions. The commission questioned the voluntariness of the refugees' decisions to return, insisting that any such choices must be independently verified by organizations like the UN refugee agency, not the Malaysian immigration department.

Suhakam urged the government to conduct thorough assessments of each individual's protection needs and the risks they might encounter upon return. They also called for enhanced access for relevant international protection actors to identify those in need of protection. The commission stressed that refugee children require special protection and humanitarian assistance, with their best interests always being paramount in all decisions affecting them.

No child should be returned to perilous conditions; their safety, dignity, and best interests must remain the top priority.