KUALA LUMPUR (17 FEBRUARY 2025) – The Human Rights Commission of Malaysia (SUHAKAM) welcomes the Government’s ongoing efforts to improve the management of refugees, by reviewing the National Security Council (NSC) Directive No.23. In her written answer during the first meeting of the fourth session of the Fifteenth Parliament, YB Dr. Zaliha Mustafa stated that in the improved Directive No. 23, refugees will be allowed to work. This development is a significant step forward in addressing the long-standing challenges faced by refugees and asylum seekers in the country. SUHAKAM calls for the urgent implementation of NSC Directive No. 23.
Whilst SUHAKAM acknowledges the implementation of the NSC Directive No. 23 as an interim measure, we remain concerned about the effectiveness of these initiatives as a long-term solution. The NSC Directive No. 23 is a too late and too little approach. What about the right of refugees to access medical facilities and the right of refugees’ children to attend Government school for education? Short-term policies, while providing immediate relief – albeit limited in nature – must be followed by a comprehensive legal framework to ensure sustainable and rights-based solution for refugees.
NSC Directive No. 23 has been approved by the YAB Prime Minister since 14 Jun 2023. However, inexplicably it remains a confidential document to the public. SUHAKAM takes the position that a policy of public interest and importance should never be a state secret. We are perplexed by this secrecy. What is the rationale? Good governance and the principle of transparency dictate that the Government must be transparent in this matter. The policy must be made public so that members of the public, including refugees are aware of their rights.
Be that as it may, SUHAKAM looks forward to a more significant long-term solution rather than an ad-hoc approach. Without a comprehensive legal approach, the status of refugees in this country will forever remain precarious and ‘illegal’.
There are only about 200 000 asylum seekers and refugees in this country; who, unfortunately, live in dire conditions and at the mercy of the enforcement agencies, as their status remains as ‘illegal immigrant’ even if they were to hold an UNHCR card.
SUHAKAM strongly demands that the Government prioritises the enactment of a Refugee and Asylum Act and for Malaysia’s accession to the 1951 Refugee Convention and its 1967 Protocol. These measures will be the appropriate and long-term solution. These long-overdue measures will enable the Government, through the establishment of a proper mechanism, to independently evaluate who are genuine refugees and asylum seekers and who are not. Such measures will legalise the stay of genuine refugees and asylum seekers in this country; will enable them to seek employment so as to be financially independent and to live with dignity. Genuine refugees and asylum seekers will have access to medical facilities and to education at Government schools. These measures will provide legal clarity, protection and stability for refugees and asylum seekers while also benefiting Malaysia through structured workforce integration and international recognition of the commitment to human rights.
It is a shame that whilst 149 nations have already ratified or acceded to the 1951 Refugee Convention, yet Malaysia remains one of the few countries who are not parties to the Convention. Even within ASEAN member states, Cambodia and Philippines are already parties to the Refugee Convention.
SUHAKAM notes that the Government has established a committee under NSC Directive No. 23 to oversee the welfare of refugees in Malaysia. As a National Human Rights Institution tasked with the promotion and protection of human rights including the rights of refugees, SUHAKAM expresses its interest in participating in this committee. SUHAKAM is prepared to engage in constructive dialogue with all relevant parties to ensure that Malaysia moves toward a permanent, structured and rights-based framework for refugee protection and integration.
-END-
The Human Rights Commission of Malaysia (SUHAKAM)
Date: 17 February 2025
EN 
MS