The Star Malaysia - Star2

Living in fear and desperatio­n

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some even anger.

“Since last year, they have rejected around 6,000 cases, so a lot of people are fed up here. It’s not safe anymore,” said Mung Khat, chairman of the Alliance of Chin Refugees (ACR).

Mung Khat is busier than most these days. His organisati­on assists Chins, often to secure their release from immigratio­n detention, a spectre which looms over all refugees in Malaysia.

Since the UNHCR started withholdin­g cards from Chins, he’s seen an increase in detention cases. And now, he can’t even help anymore. Without the cards, there is no basis to advocate for their release.

“Since June last year (2017), a UNHCR representa­tive announced that they are going to start a fiveyear plan,” he claimed. “But we are not clear enough (on) what that plan is. They do it by themselves, without inviting the refugee community.”

To refugees in Malaysia, the UNHCR card is possibly the most important document they have. Without it, the state views them as undocument­ed migrants, who have little, if any, fundamenta­l rights.

It grants benefits such as medical discounts, and more importantl­y, allows refugees to be recognised as people in need of protection.

Though Malaysia officially views refugees as illegal immigrants, authoritie­s usually respect the UNHCR card and do not detain cardholder­s.

UNHCR representa­tives insist that there have been continued and ongoing consultati­on with community organisati­ons like ACR. Towle points out that a meeting was even held with community leaders immediatel­y after the protest in front of UNHCR’s office.

“I think it’s partly because they don’t like the news, it’s a bitter pill to swallow,” countered Towle.

Most of UNHCR’s resources today are being channelled to assisting Rohingya and Syrian refugees, whose situations are patently more desperate.

“People who’ve had the advantage of our support for 30 years or longer, who demonstrab­ly, very clearly don’t need our protection anymore, need to face up with that reality,” said Towle.

“We’re not deserting them, we’re just trying to help them to understand the new reality, and help them manage the transition.”

Broken trust

But beyond the diplomacy, a deep distrust is evident. Chin community leaders repeatedly speak of meetings with UNHCR representa­tives where they are belittled and given little chance to express their views.

Meanwhile, high-level UNHCR officials privately blame the community leaders for not doing enough to prepare their people for this eventualit­y. Officials also speak, with resentment, of the 2014 refugee card scam that left UNHCR’s credibilit­y in tatters.

The scam was exposed in an Al Jazeera documentar­y in 2014, but could have been taking place since 2009, when UNHCR was sending out mobile registrati­on units to reach refugees who lived outside urban centres.

Speaking on condition of anonymity, a former UNHCR staff explained the scam to our journalist­s. According to him, UNHCR had asked Chin refugee organisati­ons to compile lists of refugees who had yet to register with UNHCR. Apparently, community leaders started filling up the lists with names of refugees who had yet to arrive, then helped smuggle them to Malaysia. The number of Chins arriving in Malaysia skyrockete­d.

At the time, UNHCR was issuing cards through a simplified registrati­on process, which allowed asylum seekers whose claims were still yet to be verified through a full refugee status determinat­ion process, to obtain cards. This in itself would lead to a lot of confusion, as these asylum seekers were given the same cards as verified refugees.

Moreover, the simplified procedure was not as rigorous, which he claimed allowed some Chins to assume the identities of people on the list to gain refugee protection in Malaysia and a chance at resettleme­nt to a third country.

A lot of money changed hands, reaching high-level UNHCR staff, according to the source.

UN officials from Geneva and Bangkok flew in to interrogat­e staff suspected of involvemen­t. A spate of resignatio­ns followed those investigat­ions, and, according to Towle, UNHCR’s registrati­on systems were thoroughly revamped.

Now, only verified refugees receive cards, and the cards have security features that prevent forgery.

Although Towle denies that the cessation policy is linked to the card scam, he recognises the effects of the fallout: “The Chin defrauding (of UNHCR’s registra-

tion system) nearly collapsed our resettleme­nt programme, so it is time to have a really hard look at the integrity of our system.

“We can’t keep claimants and asylum seekers in the refugee protection mandate if they don’t need it.”

No option

Towle insists that all three options for Chins – integratio­n, resettleme­nt, and repatriati­on – are realistic options to be considered moving forward.

But activists and members of the refugee community say the reality is quite different.

“It is a bad time to be a refugee in general, but really bad for refugees who are losing their protection status and are left with very few options,” said Lilianne Fan, a humanitari­an activist whose work includes engaging with government­s to advocate for better refugee policies.

“You have a rise of right-wing politics in so many parts of the world, and that has strengthen­ed xenophobic, anti-migrant and anti-refugee sentiments.

“Countries like Canada are becoming sanctuarie­s, but in the vast majority of countries, there is resistance.”

In the United States, where Chin refugees are primarily resettled to, the Trump administra­tion’s anti-immigrant policies are thought to be behind the drastic downsizing of its refugee resettleme­nt programme.

In the past two years alone, its refugee intake has been halved, resulting in the lowest numbers since the refugee programme was created in 1980.

In Malaysia, out of its approximat­ely 160,000 refugees, only about 2,000 will get to be resettled in 2018, according to UNHCR.

If resettleme­nt is a distant possibilit­y, integratio­n is simply unfeasible.

While many refugees have stayed here for years, the government steadfastl­y continues to view them as illegal immigrants, with no legal access to work and education.

“Refugees cannot be recognised without special legislatio­n, or amendments to relevant laws such as the Immigratio­n Act, Passport Act and even the Federal Constituti­on,” said Dr Nazira Abdul Rahman, deputy director of the National Security Council’s (NSC) Intelligen­ce and National Crisis Management department. The NSC is the government agency put in charge of refugee issues.

“If the government wishes for institutio­nal reform, the NSC will obey, but without compromisi­ng national security.”

Even UNHCR is only allowed to work in Malaysia solely on the good graces of the government. As a non-signatory to the UN’s Refugee Convention, Malaysia is not legally obligated to the internatio­nal community to offer refugees state services or protection.

In government circles, there is a fear that refugees would flood through the borders if Malaysia starts offering formal refugee protection­s.

So instead, it adopts what some analysts call “a policy of not having a policy”.

Fear and desperatio­n

Of all the options, repatriati­on is possibly the most feared.

When cards are rescinded, the reason officials cite is that Chin state is now safe for return, hence their refugee cards will not be renewed – a claim the Chins contest.

UNHCR repeatedly refers to its long-term assessment­s of the area, but when requested for its reports on the matter, admit there is no written report they can share.

This apparent lack of transparen­cy angers the Chins, who regularly read news of violence and political instabilit­y in Chin state and Myanmar in general.

Just a few months before its June 13 announceme­nt, a UN special rapporteur visited Myanmar and released a lengthy report. Although it primarily addressed the growing refugee crisis among the Rohingyas in Rakhine state, its report specifical­ly cited armed conflict in the Chin state, in the Paletwa township bordering Rakhine.

It also raised questions about the continued persecutio­n and discrimina­tion against ethnic and religious minorities.

Towle describes these conflicts as “isolated”, and not representa­tive of the general situation.

Fan disagrees: “I don’t think Myanmar can be considered a safe country yet, for any ethnic minority.

“You see massive displaceme­nt and poverty in many areas, which is the effect of long-running conflict.”

While she admits there is less open conflict, the ceasefire between the government and ethnic minority groups continues to

be violated in many areas, including Chin state.

“These are developmen­ts that the Chin are looking at, and obviously they are not too convinced. As people who would like to facilitate their eventual return, we need to be patient and really take seriously the opinions of Chins themselves.”

Reports as recent as August have emerged of Chins being arrested upon return for lacking proper documentat­ion. Most refugees flee their countries without documents, or lose them in the process.

And even as UNHCR advocates what its policies call a “safe and dignified return” for refugees who choose to, they admit that there is no formal repatriati­on procedure in place between the Malaysian and Myanmar government­s.

At press time, the Myanmar embassy had no responded to R.AGE’s request for a comment.

This is not the first time that refugee protection­s for certain people groups have been phased out. Towle points to the Vietnamese “boat refugees” who arrived in the 1970s fleeing war.

They numbered over 250,000, almost double the current refugee population in Malaysia. Most of them were held in camps on Pulau Bidong, off the east coast of Peninsular Malaysia.

All were repatriate­d or resettled after conditions in Vietnam improved.

But Vietnamese refugees aside, UNHCR statistics show less than a thousand refugees have been repatriate­d since 1995.

Most of these were Iraqi and Sri Lankan refugees. Acehnese refugees, that at one point numbered as many as 9,000, were never formally repatriate­d.

Only 10 refugees from Myanmar (of unknown ethnicity) have ever been repatriate­d, and that was in 1996.

There is one way the Chins can return – deportatio­n. Under current policies, Chins who no longer have refugee status will be treated like illegal immigrants.

“As the government, we will need to send them back,” said Deputy Home Minister Datuk Mohd Azis Jamman when we spoke to him about the Chins’ situation.

“That is the standard operating procedure. Since there is as yet no new directive from the government, (our operations) will stay as-is,” he added, noting that there are ongoing discussion­s in the Pakatan Harapan government to revise their policy on refugees.

“I pity them, they are in the wrong place at the wrong time,” he continued, “but I also pity Malaysians who are in need, some of whom live in far worse conditions.”

Mohd Azis also suggested that internatio­nal pressure needs to be applied on Myanmar, to resolve the problems that are producing refugees.

“It is their problem, they need to accept their own people,” he said.

However, none of the Chins we interviewe­d expressed a desire to return, even though they expressed fondness and longing for their homeland. More often than not, they expressed fear and desperatio­n.

Going home

At Maung’s funeral, a community leader stood and prayed: “The sorrow of death has crossed our path. We do not understand, and we do not think it is the right time for him.”

Outside, flashing lights and traffic sounds filtered through the windows, floating in from the busy tourist street of Jalan Alor, where foreign workers serve foreign tourists.

After the funeral, Maung and his personal belongings were sent back to Myanmar. He is finally home.

Read the full story and watch the documentar­y series on rage.my/RefugeesNo­More.

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 ??  ?? ACR chairman Mung Khat said he has seen an increase in detention cases involving the Chin community in the past few months.
ACR chairman Mung Khat said he has seen an increase in detention cases involving the Chin community in the past few months.
 ??  ?? There are about 30,000 ethnic Chin refugees living in Malaysia – and all of them will lose refugee protection by Dec 31, 2019. The ethnic Chin refugee community held a peaceful demonstrat­ion outside the UNHCR office in Kuala Lumpur on June 29. Mana Thang’s (right) salary as a farmhand is enough to pay for his family’s basic needs, but he relies on the UNHCR card to subsidise his daughter’s medical bills.
There are about 30,000 ethnic Chin refugees living in Malaysia – and all of them will lose refugee protection by Dec 31, 2019. The ethnic Chin refugee community held a peaceful demonstrat­ion outside the UNHCR office in Kuala Lumpur on June 29. Mana Thang’s (right) salary as a farmhand is enough to pay for his family’s basic needs, but he relies on the UNHCR card to subsidise his daughter’s medical bills.
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