Examining Human Rights in the Context of ASEAN Regional Migration

Examining Human Rights in the Context of ASEAN Regional Migration

Fact-Finding Mission Report Findings, August 2017

As ASEAN’s regional integration effort proceeds, the movement of people across borders for a variety of reasons is increasing, and migration has remained intrinsically tied to economic development region-wide. Given this context, APHR conducted a fact-finding mission to Malaysia to examine the situation of human rights in the context of intra-regional migration and gain a clearer understanding of the situation for migrant workers, refugees and asylum seekers, and victims of human trafficking. This report a summary of the delegation’s observations from the visit and recommendations for how Malaysia, other regional governments, and ASEAN as a whole can best address some of the main concerns identified.

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ASEAN MPs call for stronger protections for migrants and refugees

ASEAN MPs call for stronger protections for migrants and refugees

KUALA LUMPUR – ASEAN lawmakers urged regional governments today to do more to protect migrant workers and refugees, arguing that all members of the ASEAN community are entitled to basic rights and deserve to have their dignity and humanity respected.

Members of ASEAN Parliamentarians for Human Rights (APHR) made the call at the conclusion of a four-day fact-finding mission to Malaysia examining human rights in the context of migration. During their visit, MPs met with stakeholders, including civil society organizations, migrant and refugee communities, UN agencies, government officials, and counterparts in the Malaysian Parliament, to assess the situation of migrant workers, refugees and asylum seekers, and victims of human trafficking in the country, as well as explore potential regional solutions to the challenges they face.

“From our conversations over the last several days, it’s clear that there is major room for improvement. Both destination and source countries need to step up and do their part to end abusive recruitment and employment practices for migrant workers and promote security and rights for refugees fleeing persecution,” said APHR Board Member Teddy Baguilat, a member of the House of Representatives of the Philippines.

“ASEAN and member governments have a duty to ensure that all people – whether their own citizens or those from other countries – are protected. This should include strengthening domestic and regional legal frameworks to provide security and enable people to pursue recourse and justice.”

APHR undertook its fact-finding mission just over a month after the start of an ongoing crackdown on undocumented migrant workers in Malaysia, which has already resulted in thousands of arrests. Speaking with local groups and workers, parliamentarians heard firsthand how the raids have impacted communities.

“Because of the ongoing crackdown, many migrants are living in constant fear. Poor treatment by law enforcement, including indefinite detention in abysmal conditions, are urgent concerns as well,” said Philippine Congresswoman Emmi De Jesus.

“Millions of migrant workers, both documented and undocumented, throughout the ASEAN region continue to be vulnerable to abuse because governments have failed to put in place the necessary protections. That goes for both sending and receiving countries. Regional action is therefore necessary to ensure that all migrants are able to enjoy their basic human rights.”

MPs called on ASEAN governments to urgently adopt a binding regional treaty on migrant workers, which protects all workers and their families. The treaty has been under negotiation for a decade since the adoption of the ASEAN Declaration on the Promotion and Protection of Migrant Workers in 2007, and ASEAN leaders plan to revisit the possibility of its adoption later this year.

“Migrant workers region-wide provide a critical economic contribution, which should be recognized by governments. Unfortunately, it seems that the entire economic system has instead institutionalized the mistreatment of these migrants,” Rep. De Jesus said.

“Domestic workers are particularly vulnerable, as they face unique hardships as women in isolated work environments and lack legal protections that other workers enjoy. During our meetings, we heard harrowing stories of emotional and physical abuse by employers of domestic workers. It’s clear that government policies need to change in order to deal with this,” she added.

Parliamentarians also addressed the plight of refugees in Malaysia, many of whom hail from ethnic minority communities in Myanmar, including Rohingya, Chin, and others. During their visit, MPs met with refugee communities, who described challenges accessing registration procedures and a precarious legal position in the country. Several refugees told MPs that they have waited years to get registered with the UN Refugee Agency (UNHCR), and an increasing number are being denied refugee status.

“The stories we heard directly from refugees are deeply concerning. These people are living without legal status or security, and in many cases without proper access to affordable healthcare, education, or livelihoods. As a former refugee, myself, it’s particularly upsetting to see this lack of protection persist,” said Senator Seng Mardi of Cambodia.

“Refugees are among the most vulnerable people in the world, and they are facing extreme hurdles to accessing documentation and basic security guarantees here. UNHCR and the Malaysian government should do more to address this gap and provide effective registration and genuine protection. All ASEAN governments, including Malaysia, should ratify the UN Refugee Convention and fully commit to protecting and welcoming refugees and asylum seekers.”

Parliamentarians reminded governments of their pledges to promote a people-centered ASEAN, as well as their international human rights commitments. ASEAN governments can and should do better in responding to the challenges faced by migrants and refugees, APHR said.

“We always talk about a caring and sharing ASEAN. Let’s make that a reality. Whether someone moves across borders because they are fleeing conflict, looking for better job opportunities, or because they were trafficked, we have a responsibility to protect their rights,” said Rep. Baguilat.

“We don’t have to look very hard to find out what these rights are as they are clearly outlined in international law. They include the right to work, the freedom from arbitrary detention, the right to adequate food and basic education, and other basic freedoms.”

Regional parliamentarians concerned about reported deaths in Malaysian immigration detention facilities

Regional parliamentarians concerned about reported deaths in Malaysian immigration detention facilities

JAKARTA — Parliamentarians from across Southeast Asia today expressed deep concern at reports of more than 100 deaths in Malaysia’s immigration detention centers in the past two years, and called for coordinated regional action to protect migrants, refugees, and asylum seekers in Malaysia and other ASEAN member states.

ASEAN Parliamentarians for Human Rights (APHR) said the revelations highlighted broader concerns about Malaysia’s treatment of undocumented migrants, especially asylum seekers, who often still lack access to adequate protection and refugee status determination procedures. The collective of regional lawmakers called on Malaysian authorities to thoroughly investigate the deaths in custody and publicly divulge more information about the circumstances surrounding them. MPs also demanded that the Malaysian government take steps to improve conditions for detainees and end its practice of detaining asylum seekers.

“Refugees from across ASEAN flee to Malaysia for a better life, but instead end up trapped in detention centers run like death camps, consigned to deplorable conditions without access to basic services,” said APHR Vice Chair Mu Sochua, a member of the Cambodian National Assembly.

“Malaysia has a responsibility to recognize the status of refugees and not subject them to such cruel treatment. These are victims in need of protection, not further persecution. The least Malaysia’s immigration department can do is provide basic services to these vulnerable people and afford them basic human dignity, including by recognizing and addressing the needs of women, who face unique threats to their safety and dignity while in detention.”

On 30 March, Reuters reported on documents that revealed at least 118 reported deaths of detainees in immigration detention facilities in 2015 and 2016. The figures, which were obtained by Malaysia’s National Human Rights Commission (SUHAKAM), document victims from 14 countries, including five ASEAN member states.

A total of 63 of the dead – more than half of the reported cases – were Myanmar nationals, including many Rohingya asylum seekers who have fled state-sponsored persecution in Myanmar. An additional 18 were from other ASEAN countries, including Cambodia, Indonesia, the Philippines, and Thailand.

“The Malaysian government has been a strong ASEAN voice calling for regional action to end abuses against Rohingya in Myanmar, and officials should be commended for this effort. But Malaysia also must live up to the same principles and protect vulnerable populations at home, including migrants and asylum seekers, many of whom are Rohingya themselves,” said APHR Board Member Shwe Maung, a Rohingya and former member of the Myanmar Parliament.

Conditions in Malaysian immigration detention facilities have been described as “appalling” by at least one official from SUHAKAM, who suggested that the deaths may have been linked to poor sanitation and food, physical abuse, and inadequate medical treatment. Parliamentarians noted that food, water, and access to healthcare are fundamental human rights, which must be recognized, respected, and upheld by the Malaysian government. If authorities are unable to provide these basics, then they should not be holding refugees in detention and should instead work with the United Nations High Commissioner for Refugees (UNHCR), APHR said.

“The government’s argument of ‘budget brick wall’ as a defense for terrible conditions is absurd. It completely ignores the complaints of detainees being beaten and denied medical attention. Criminal charges should be brought against enforcement officers who have beaten detainees,” said APHR Chairperson Charles Santiago, a member of Malaysia’s Parliament.

“Such a state of affairs also points to the deeper problem of Malaysia’s substandard efforts to curb human trafficking, which must be addressed in order to prevent the country from becoming a regional center for trafficking.”

Parliamentarians urged ASEAN governments, especially those whose citizens have died in Malaysia’s detention facilities, to form a joint committee to address this crisis. APHR also called on Malaysia, as well as other regional governments, to sign and ratify the 1951 Refugee Convention. Only two ASEAN member states – Cambodia and the Philippines – have ratified the Convention.

SUHAKAM is scheduled to release a comprehensive report on its findings on Tuesday. In September 2016, the Commission called for inquiries into all deaths reported at immigration detention centers after five Cambodian and two Vietnamese detainees purportedly died in a holding center in northern Malaysia. Seven months later, the government’s response to the Commission’s recommendation has been sluggish.

“The government can no longer allow apathy to be the order of the day. Family members of the victims who inhumanely lost their lives while in detention have the right to justice,” Mu Sochua said.