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REFUGEE

CHILDREN UNDER
THE MALAYSIAN
LEGAL
FRAMEWORK
In an ideal setting..
No detention
Application for
refugee status will
be processed with
appeal opprtunity
Once recognised as
refugees will be
treated without
discrimination
Issued with
paperwork on
identity, enjoy the
freedom of
movement, equal
treatment as
nationals of the
receiving country.
AGENDA
WHO?
WHAT?
HOW? WHY?
WHAT?
WHO?
persons who: owing to a
well founded fear of being
persecuted either because
of race, religion,
nationality, membership of
a particular social group,
political opinion, are
outside the country of
nationality or former
habitual residence and are
unable to or unwilling to
avail themselves to the
protection of the country
of nationality or unable to
or unwilling to return to
his country of residence
...below the age of eighteen
years unless under the law
applicable to the child,
majority is attained earlier
WHO?
125,000 person of
concern to UNHCR
incl. 25,000 children
Indochina,
Cambodia, Indonesia,
Philippines, Myanmar
& Thailand and ors
Accompanied,
unaccompanied and
separated refugee
WHAT?
INTERNATIONAL
LAW
1951 CONVENTION
RELATING TO THE
STATUS OF
REFUGEE (CRSR)
UNITED NATIONS
CONVENTION ON
THE RIGHTS OF
THE CHILD
(UNCRC)
THE BANGKOK
PRINCIPLES
(AALCO)
GENERAL
CONCLUSIONS OF
CRC
GENERAL
CONCLUSIONS OF
EXCOM OF
UNHCR
HOW?
Indochinese Refugees- massive
influx, temporary refuge,
resettlement, scum, UNHCR camp
(education, training, orientation)
push back, local resentment
Filipinos- resettlement camp (not
restricted), generously accepted,
PR status, right to work, IMM13
special pass, local resentment
Achehnese- suspected group, source of
controversy, subject to arrest, detention
and deportation, X education, X work,
illegal economic immigrant.
Myanmar/ Burma- precarious
existence, detention, awful condition,
in the jungle, constant fear of raids, X
access to education & healthcare,
IMM13 special pass not implemented
HOW?
NON-
REFOULEMENT
BEST INTERESTS OF THE
CHILD
ABUSE AND
EXPLOITATION
HUMAN TRAFFICKING
HOW?
Criminal
Threat to
security
Not as children
first
WHY?
REJECTION
OF THE
CRSR
UNCRC NOT
FULLY
ADOPTED
DOUBLE
STANDARD
WHY?
NO
EXPRESS
LAW
RELIANCE
ON
POLICIES
FAILURE TO
RECOGNISE
UNHCR
WHY
FEDERAL
CONSTITUTION
IMMIGRATION
ACT 1959/1963
CHILD ACT 2001
WHAT NEXT?
IMMEDIATE
EXEMPTION UNDER IMMIGRATION ACT
1959/ 1963
REGISTRATION
FULL COOPERATION WITH UNHCR
ENJOYMANT OF BASIC RIGHTS:
EDUCATION, HEALTHCARE

LONG TERM
SPECIFIC LAW
DETERMINATION MECHANISM
DURABLE SOLUTION BASED ON BIC
TREATMENT IN ACCORDANCE WITH THE
UNCRC
WHAT NEXT?
CHILD
COMMISSIONER
PUT CHILDREN
AGENDA ON TOP
CHILDREN AS
CHILDREN
PRINCIPLES OF
HUMAN RIGHTS
THANK YOU FOR YOUR ATTENTION