Suhakam warns of international law violation over refugee repatriation

The Human Rights Commission of Malaysia (Suhakam) has urged the government to halt any further repatriation of Myanmar refugees, joining civil society in criticising the move to return thousands to their home country.

Suhakam said the civil war in Myanmar remained ongoing, while the United Nations reported continuing violence and a worsening human rights situation there.

It said it was customary international law that refugees should not be returned to their home country if they face a real risk of persecution, torture or other serious harm.

“Being a principle of customary international law, this principle binds all states regardless of whether or not they are parties to the Refugee Convention. This means that Malaysia, although not a party to the Refugee Convention, is bound to adhere to this principle.

“Hence, Malaysia is prohibited by international law from repatriating any refugee or asylum seeker to Myanmar if there is a reasonable risk that their life or freedom will be threatened on account of their race, religion, nationality, membership of a particular social group or political opinion.

“Any violation of this cardinal principle is a violation of international law,” the commission said in a statement.

Malaysia launched the first phase of a repatriation programme on Tuesday involving about 5,000 Myanmar refugees, with around 1,476 sent home aboard three Myanmar naval vessels.

According to the home ministry, this included 27 children, comprising 20 boys and seven girls.

Malaysia will repatriate another 3,524 Myanmar nationals in the second phase of the repatriation programme, with the date to be confirmed by Myanmar.

The government has insisted that the refugees involved voluntarily decided to return to their home country.

However, Suhakam questioned this, asking whether they made the decision after being informed about the conditions they faced in Myanmar and without pressure or coercion.

It said these voluntary decisions must be determined by an independent authority like the UN refugee agency, not the immigration department.

“Suhakam urges the government to ensure that no further returns to Myanmar take place without a proper assessment by an independent authority of each person’s protection needs and the risks they may face upon return.

“Relevant international protection actors should also be given appropriate access to assist in identifying those in need of protection.”

The commission said refugee children must be accorded particular protection and humanitarian assistance, with their best interest as the primary consideration in all decisions affecting them.

“No child should be returned to danger. Their safety, dignity and best interests must come first,” said Suhakam.

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