assignment

2.  Refugees are nameless, faceless,
stateless, homeless, without a voice and
without a history.

3. Who is considered a refugee?
 A person who is outside their home
country because they have suffered
(or feared) persecution on account of
race, religion, nationality, or political
opinion; because they are a member
of a persecuted social category of
persons; or because they are fleeing
a war.

4. Refugees in Malaysia

6. Refugees in malaysia- children

7. Refugee in Malaysia- women

8. Refugees and healthcare

9. Refugees around the world

10.  Rohingyas in Bangladesh and Pakistan from Burma
 Tamil refugees in Sri Lanka.
 Bangladesh hosts more than
250,000 Muslim Rohingya refugees forced from
western Burma (Myanmar) who fled in 1991-92 to escape
persecution by the Burmese military junta. Many have lived
there for close to twenty years. The Bangladeshi government
divides the Rohingya into two categories - recognized refugees
living in official camps and unrecognized refugees living in
unofficial sites or among Bangladeshi communities. Around
30,000 Rohingyas are residing in two camps in Nayapara and
Kutupalong area of Cox's Bazar district in Bangladesh. These
camp residents have access to basic services, those outside do
not. With no changes inside Burma in sight, Bangladesh must
come to terms with the long-term needs of all the Rohingya
refugees in the country, and allow international organizations to
expand services that benefit the Rohingya as well as local
communities.

11.  Jewish refugees
 Further information: Jewish refugees
 The Bermuda Conference
 Between the first and second world wars, Jewish immigration to
the British Mandate for Palestine was encouraged by the
nascent Zionist movement, but was restricted by the British
Mandate government, under the pressure of native
Palestinians. In Europe, Nazi persecution culminated in
the Holocaust and the mass murder of millions of European
Jews.
 The Evian Conference, Bermuda Conference, and other
summits failed to resolve the problem of finding a home for
large numbers ofJewish refugees from Nazi-occupied Europe.
Following its formation in 1948, according to 1947 UN Partition
Plan, Israel adopted the Law of Return, granting Israeli
citizenship to any Jewish immigrant.

12. LAW

13. Article 14 of the Universal Declaration of
human rights 1948
 The right of persons to seek asylum
from persecution in other countries

14. According to the 1951
Convention Relating to the Status of
Refugees,
Article 1(a)(2):
“A refugee is a person who, owing to a well-
founded fear of being persecuted for reasons
of race, religion, nationality, membership of a
particular social group or political opinion, is
outside the country of his nationality and is
unable or, owing to such fear, unwilling to avail
himself of the protection of that country.”

15. 1967 Protocol
 Removed the temporal restrictions, which
restricted refugee status to those whose
circumstances had come about "as a result
of events occurring before 1 January 1951",
 Basically a revision of 1951 Convention
Relating to the Status of Refugees

16. subsection 55(1)
Child Act 2001
[Act 611]
 The Minister appoints Taman Seri
Puteri, Batu 7 ½, Jalan Tuaran, 88300
Kota Kinabalu, Sabah as a place
of refugee.

17. IMMIGRATION (EXEMPTION) (ASYLUM
SEEKERS) ORDER 2011
PU(A) 267/2011
4 Void of exemption
 This exemption shall be void immediately upon any
persons who is listed in the Schedule if
 (a) that person has been registered as "refugee" by
United Nations High Commissioner for Refugees;
 (b) that person has been arranged to be repatriated
to his country of origin;
 (c) that person was to be involved in any criminal
activities or has been charged in any court in
Malaysia;
 (d) that person was found to be involved in any
activity contrary to Malaysian law; and
 (e) that person has been listed as prohibited
immigrant under subsection 8(1) of the Immigration
Act 1959/63 [Act 155].

19. 1951 Refugee Convention
 The Malaysian Government cooperates
with United Nation of High Commission
for Refugees(UNHCR) in addressing
refugee issues on humanitarian
grounds.

20. All first world countries have the moral
obligation to accept refugees but only to
some extent.

21.  In cases like Japan or China where the
country is so over populated that if the
were to accept many refugees the
country would not be able to sustain
them.

22.  Compared to countries like Australia,
America, Canada and other first world
countries should defiantly accept
refugees and in some situations take a
lot more.

23. There is a difference between a moral
good and a moral must. Is it good for a
first world country to accept refugees?

24. Why Malaysia should
ratify the international
refugee convention?

25. 1. To fulfill human rights obligations
 Malaysia is a member of the UN Human
Rights Council.
 Malaysia was a member of UNHCR
from 1993 till 1998
 Malaysia is passionate in helping
refugees in Palestine and Syria.
 Malaysia should not forget that giving
protection to refugees on the Malaysian
soil

26. 2. To avoid arrest, detention and
prosecution of refugees
 Malaysian authorities can facilitate
UNHCR in resettling them to receiving
countries
 Malaysia is still bound by customary
international law meaning Malaysia
cannot return the refugees to where they
are at risk or in danger.

27. 3.To safeguard refugee children’s rights:
 Article 22 of the Convention on the
Rights of the Child (CRC) which
Malaysia signed and ratified in February
1995
 Requires appropriate protection and
humanitarian assistance to refugee
children.

28.  The most serious impact of refugee
movement is seen in the Middle East –
where millions of people have been
dispossessed and move across the
borders of near neighbours: Jordan,
Pakistan, Syria, Iran, Lebanon, and
Malaysia??

29. freedom
 Refugee law and international human
rights law are closely intertwined;
refugees are fleeing governments that
are either unable or unwilling to protect
their basic human rights. Additionally, in
cases where the fear of persecution or
threat to life or safety arises in the
context of an armed conflict, refugee law
also intersects with international
humanitarian law.

30.  FREEDOM OF MOVEMENT
 At the regional level, the rights to seek asylum
and freedom of movement can be found within
the text of the same article. See African
[Banjul] Charter on Human and Peoples’
Rights, art. 12(1) and (3); American
Convention on Human Rights, art. 22. The
rights are closely related, since the inability to
return to one’s country is the basis of an
asylum claim while the ability to leave one’s
country is a prerequisite for claiming refugee
status under the 1951 Convention.

31.  RIGHT TO LIBERTY AND SECURITY OF THE
PERSON
The right to liberty and security of the person is
important in the context of how asylum seekers are
treated within the intended country of refuge. The
national laws of several countries provide for the
detention of asylum seekers at one point or another
during the adjudication of their claims. 8 CFR §
235.3(c) (U.S.); U.K. Border Agency, Screening; The
Refugees Act, No. 13, Legislative Supplement No. 7
(2009), Kenya Gazette Supplement No. 11 § 17.

32.  The detention of asylum seekers is a contentious issue
because of the conditions found in the detention facilities
of several countries. This is particularly an issue in
Greece, a country overwhelmed by the number of asylum-
seekers it receives, many of whom use Greece as a port
of entry as they try to access other European countries. In
order to clarify which State has responsibility for a
particular asylum applicant, the Council of Europe
issued Council Regulation EC No. 343/2003 of 18
February 2003 establishing the criteria and mechanisms
for determining the Member State responsible for
examining an asylum application lodged in one of the
Member States by a third country national (commonly
known as the Dublin Regulation).

33.  RIGHT TO FAMILY LIFE
 The family is seen as the “natural and fundamental group unit of society
and is entitled to protection by society and the State.” See,
e.g.,International Covenant on Civil and Political Rights, art. 23(1). In
respect of this right, a number of countries provide for the granting of
derivative status to dependent relatives. Thus, where an individual is
granted asylum, his or her dependent relatives will also receive
protection through him or her. See 8 U.S.C. § 1158(b)(3)(A)
(U.S.); Immigration Rules, 2012, S.I. 2012/11, art. 339, ¶ Q (U.K.);
National Refugee Proclamation, No. 409/2004, art. 12 (Eth.); The
Refugees Act, No. 13 (2006), Kenya Gazette Supplement No. 11 § 24.
However, should that individual’s refugee status be terminated, the
status of dependent relatives will also be terminated. National Refugee
Proclamation, No. 409/2004, art. 12 (Eth.); The Refugees Act, No. 13
(2006), Kenya Gazette Supplement No. 11 § 24. Consequently, these
domestic laws do not preclude dependent relatives from making their
own asylum claims. Id.

34.  OTHER RIGHTS
 The 1951 Convention also protects other rights of
refugees, such as the rights to education, access to
justice, employment and other fundamental freedoms and
privileges similarly enshrined in international and regional
human rights treaties. In their enjoyment of some rights,
such as access to the courts, refugees are to be afforded
the same treatment as nationals while with others, such
as wage-earning employment and property rights,
refugees are to be afforded the same treatment as foreign
nationals. 1951 Convention, art. 16 (refugees are to be
granted equal access to the courts), art. 17 (refugees are
to be afforded the same access to wage-earning
employment as foreign nationals), art. 13 (refugees are to
be afforded the same rights to moveable and immoveable
property as foreign nationals).

35. Right of return
 may never have had property (e.g. in Afghanistan);
 cannot access what property they have (Colombia,
Guatemala, South Africa and Sudan);
 ownership is unclear as families have expanded or
split and division of the land becomes an issue;
 death of owner may leave dependents without clear
claim to the land;
 people settled on the land know it is not theirs but
have nowhere else to go (as in Colombia, Rwanda
and Timor-Leste); and
 have competing claims with others, including the
state and its foreign or local business partners (as in
Aceh, Angola, Colombia, Liberia and Sudan).

36. Justice
 ENFORCEMENT: CLAIMING ASYLUM
 The adjudication of asylum claims is reserved to individual
States. Although some States, namely those that
comprise the Council of Europe, have made an effort to
adopt a uniform asylum system, international and regional
bodies lack the jurisdiction to adjudicate individual asylum
claims. See Dublin Regulation; Council Directive
2004/83/EC of 29 April 2004 on minimum standards for
the qualification and status of third country nationals or
stateless persons as refugees or as persons who
otherwise need international protection and the content of
the protection granted (commonly known as the
Qualification Directive). International and regional bodies
do, however, adjudicate claims asserting violations of the
human rights of refugees and asylum seekers.

37. Camps
 A refugee camp is a place built
by governments or NGOs (such as the International
Committee of the Red Cross) to receive refugees.
People may stay in these camps, receiving
emergency food and medical aid, until it is safe to
return to their homes or until they are retrieved by
other people outside the camps. In some cases,
often after several years, other countries decide it
will never be safe to return these people, and they
are resettled in "third countries", away from the
border they crossed. However, more often than not,
refugees are not resettled. In the meantime, they are
at risk for disease, child soldier recruitment, terrorist
recruitment, and physical and sexual violence. There
are estimated to be 700 refugee camp locations

39.  Resettlement involves the assisted movement
of refugees who are unable to return home to
safe third countries. The UNHCR has
traditionally seen resettlement as the least
preferable of the "durable solutions" to refugee
situations.However, in April 2000 the then UN
High Commissioner for Refugees, Sadako
Ogata, stated:
 “Resettlement can no longer be seen as the
least-preferred durable solution; in many
cases it is the onlysolution for refugees”—
Sadako Ogata, UN High Commissioner for
Refugees, April 2000

40. Exclusion Clauses
 TERRORISM
 In Matter of S-K-, 23 I&N 936 (BIA 2006), the U.S. Board of
Immigration Appeals (BIA) held that a Burmese national who
had provided approximately 700 dollars to the Chin National
Front, which was at the time considered a Tier III terrorist
organization under U.S. law, was inadmissible on the grounds
that she had provided material support to a terrorist
organization. It was irrelevant that the U.S. Government
supported the National Democratic League, an ally of the Chin
National Front, and that the Chin National Front fought against
the Burmese Government, to which the U.S. was opposed. In
the wake of controversy following the broad application of the
material support bar to refugees and asylum seekers, the U.S.
Government has subsequently applied a discretionary waiver to
several organizations, including the Chin National Front,
permitting refugees who had supported these organizations to
enter the U.S. as resettled refugees or claim asylum.

41. EQUALITY
Health status, health and social care
 Mental health problems including post
traumatic stress disorder, depression
and anxiety are prevalent among asylum
seekers and refugees, and the provision
of mental health services for survivors of
torture and organised violence is widely
regarded as inadequate.

42. Education, training and the labour market
 The right to education is enshrined in a wide
range of international and national
conventions and laws. In practice, asylum-
seeking and refugee children’s right to
education in the UK is hindered as a result
of dispersal, residential instability,financial
difficulties and inadequate support in
schools

43. Legal and criminal justice
system
 Asylum seekers experience an interface with legal and criminal
justice systems as soon as they enter the UK. Their entry is
subject to a wide range of checks instituted by legislation,
including the collection of biometric information. Age
assessment procedures have also begun to include x-ray and
other medical measures. It is important that these measures are
continually monitored in order to ensure that they do not restrict
the human right to claim asylum or increase the risk of
refoulement (that is, returning someone seeking refuge against
their will to a place where he or she could be persecuted).
 Recent changes in the law around illegal working have
increased the penalties employers face and have been
accompanied by increased Home Office enforcement. It will be
important to monitor the effect these measures have on
refugees and other foreign nationals who are allowed to work,
and whether employers become wary of employing anyone they
judge as posing a possible
risk of prosecution.

44.  The vulnerability and ill health of
asylum-seeking and refugee children is
an area of particular concern, as are the
health needs of older refugees. There
are also concerns around the provision
of healthcare to asylum seekers in
detention with communicable diseases
and with HIV/AIDS.

45. Islamic view
Respect for refugees and asylum seekers is catered for in Islamic law,
and Islam pays special attention to the sufferings of forced migrants.
 Safeguard. Aman (safeguard) is the
term Islamic law uses to refer to refuge
offered to non-Muslims. Such refuge
remains inviolate even if the person
being offered protection is in a conflict
against Muslims. (Quran 9:6)

46.  Agreements. The Quran requires
Muslims to comply with agreements and
treaties on the rights of refugees: ‘O you
who believe, fulfill your obligations…’
(5:1) It provides a set of instructions in
dealing with refugees and migrants,
praising those who go to the assistance
of people in distress. (9:100 and 117)

47.  Rights. It recognises the rights of
refugees entitling them to certain rights
and humane treatment. The Prophet
declared brotherhood among the
Muhajirun (emigrants who went to
Madinah for refuge) and Ansar (helpers
in Madinah) and stated that the rights of
migrants are the same as those of their
hosts.

48.  Oppression. The Quran condemns
people whose actions prompt mass
migration: ‘And (remember) when We
took your covenant (saying): Shed not
the blood of your people, nor turn out
your own people from their dwellings…’
(2:84-6)

49.  Women and Children. The Quran puts
forth regulations to lend additional
support to women and children, who are
considered more vulnerable. (4:
2,9,36,75,98,127,17:34)