The shameful truth about Burmese refugees in Malaysia
MAGICK RIVER
The Realities of Refugees and Asylum Seekers
from Burma in Malaysia
Malaysia is currently host to one of the largest refugee and asylum seeker populations in Asia. According to the United Nations High Commissioner for Refugees, there are more than 90,000 registered refugees in the country. Both UNHCR and the refugee communities estimate that the actual number of refugees is much higher, given that thousands have yet to be registered. 92% are Burmese who escaped persecution in Burma, where political turmoil and ruthless military domination have persisted for decades. However, Malaysia has continued to refuse to recognise them as refugees.
Malaysia has not ratified the 1951 Refugee Convention nor the 1967 Protocol. Under the Malaysian Immigration Act 1959/63 (Act 155), refugees and asylum seekers are designated as “illegal migrants” and may be subject to arrest, detention, punishment (including whipping), and deportation. Historically, the focus has been on reducing the number of irregular persons through large-scale (and often violent) ‘crackdowns,’ where the aim is to arrest, detain and deport undocumented migrants and refugees. Arrested refugees are often unable to understand the charges read to them and secure appropriate legal assistance.
Life for refugees and asylum seekers in Malaysia is extremely difficult. Unable to work legally in the country, and with limited access to basic services (health care, education or legal services), they are vulnerable to poverty, exploitation and health problems. Refugees and asylum seekers scrape by on earnings from work in low paying, unskilled and often part-time/casual jobs in the plantation, construction, manufacturing, or service sectors. Even amongst those who are employed, poverty and indebtedness are endemic. Many earn far less than the government-determined poverty-line income (PLI) of RM800 per household per month.
Forced labor and human trafficking are serious concerns for this community. Moreover, without the protection that legal status provides, refugees and asylum seekers are afraid to come forward to authorities because they fear arrest and detention. At one time, Malaysian immigration officials were even implicated in such activities: it was found that they had trafficked refugees from Burma up to the Malaysia-Thai border where they were handed over to human smugglers/traffickers who held them for ransom. Those who could not pay were sold to Thai fishermen, brothels or private owners.
Refugees’ and asylum seekers’ dire living circumstances, coupled with aggressive, punitive approaches by the state as well as everyday experiences of discrimination by non-state actors, creates an extremely poor environment for refugees in Malaysia. Furthermore, these adverse life events, combined with the persecution they faced in Burma, increase their vulnerability to a number of health problems, including infectious diseases, psychological problems and under-management of chronic conditions.
Refugee Health
Mental health problems among refugees and asylum seekers in Malaysia are a serious concern. Health Equity Initiatives’ (HEI) analysis of the scores of 578 refugees and asylum seekers who were screened in April and May 2011 using the Depression, Anxiety and Stress Scales 21 (DASS21) indicated that 19.9% experienced either moderate, severe or extremely severe Stress. Almost half (48%) experienced either moderate, severe or extremely severe Anxiety, and 38% experienced either moderate, severe or extremely severe Depression. An earlier analysis of HEI’s mental health clients showed that 22% presented with symptoms that required psychiatric care. A separate study conducted by HEI revealed that, among those with a high level of need for psychosocial services, 77.1% reported they could not afford the services.
In principle, government hospitals in Malaysia are open and available to refugees and asylum seekers, but evidence collected by HEI shows that refugees and asylum seekers experience substantial barriers accessing health care in Malaysia.
