child refugee

8/10/2019 Child Refugee

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Child RefugeesMalaysiasAdherence to International Law

by

ELSIA ENGKU KANGON

KALAIVAANAN MURTY

SHARON KAUR JESSY

To be presented in

ALSA NATIONAL CONFERENCE 2014

UNIVERSITY UTARA MALAYSIA

Representing

ALSA UNIVERSITY OF MALAYA


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Table of Contents

Content Page

Abstract 3

1.0 Introduction 4

2.0 International Law on Refugees and Malaysian Legal

Position on Refugees

5 - 6

3.0 The Plight of Child Refugees A Look at Other

Jurisdictions

7 - 9

4.0 Malaysias Stand on Child Refugees In Its Entirety 10 - 11

5.0 The Behind StoryFrom the Eyes of a Child Refugee 12 - 14

6.0 Conclusion 15

Bibliography 16 - 17


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1.0 Introduction

It is time we revisit Malaysias obligations under the United Nations Convention

Relating to the Status of Refugees. The convention was a result of the displacement of

millions of people by World War Two and the rejection of many nations to take in Jewish

refugees escaping the Holocaust. It is designed to ensure no country ever denies defenseless

groups a second chance in life, those who are in need to escape persecution.

The most important feature of the convention is that it defines a particular group of

people as refugees and obliges countries who have signed the convention to give such

individuals certain protective rights. A refugee is a person outside of their own country

who fears persecution because of their race, nationality, membership of a particular social

group or political opinion.

What makes a person suffering excruciating pain and discrimination a refugee? This

is a difficult definition to satisfy. For example, if a person is living in fear of persecution

because he is a victim of generalized violence and not because of one of the listed grounds

under the convention, he is not considered a refugee. Nor can we label people who are

escaping natural disasters or poverty as refugees.

The problem that we have identified is not with the acceptance and adherence to theinternational law that governs issues pertaining refugees. It is not about whether or not a

country takes in refugees to fulfill its fair share of obligation as a signatory to the UCCR. It is

more often than not the affectivity and efficacy of domestic policies that will affect the

quality of life a refugee or in particular, a child refugee would then go through.

Being the lowest common denominator in this research paper, vulnerable to changes

in the surroundings as well as slow adaption to new conditions could really take a toll on a

childs development. We aim to identify the probable reasons as to the adversities these

children face upon fleeing their home country and upon arrival into these obliged countries,

especially Malaysia, as well as the treatment and protection they receive here.


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2.0 Malaysias Obligation towards Refugees

There are two important international instruments relating to refugees, namely the

1951 Convention and the 1967 Protocol. However, it is pertinent to note that Malaysia has

not ratified these two conventions, despite the fact that there are approximately 27,000

refugees.1Owing to this fact necessarily implies that Malaysia is not bound to follow any of

the provisions of the said instruments.

Thus, this has contributed to the absence of a legal framework that deals with

refugees, coupled with the non-existence of domestic legislation for the protection of

refugees.This has led to refugees being treated as illegal immigrants and subjected to

various penalties under the Immigration Act.2As such, it would seem that Malaysia has no

legal obligation towards safeguarding refugees because it has neither ratified the 1951

Convention nor the 1967 Protocol. Having said so, what then can be used as a benchmark or

guideline to ensure the protection and proper treatment of refugees in Malaysia?

In relation to the issue of refugees, the principle of non-refoulement is one of the most

integral parts of customary international law. According to Article 38 of the Statute of

International Court of Justice, in deciding a dispute, the court is to apply international

customs, as evidence of general practice accepted by law. In Nicaragua v United States

(Merits),3the court stated that:

In order to deduce the existence of customary rules, the Court deems it sufficient that

the conduct of States should, in general, be consistent with such rules, and that

instances of State conduct inconsistent with a given rule should generally have been

treated as breaches of that rule, not as indications of the recognition of a new rule.

Generally, a state has to comply with customary international law unless it has been

persistently objected it. Furthermore, the United Nations High Commissioner on Refugees

(UNHCR) believes that non-refoulement has gained customary status, and may even be jus

cogens.4. On the other hand, Governments of States who are not parties to the Convention or

1http://www.malaysianbar.org.my/human_rights/the_protection_of_refugee_children_in_malaysia_wishful_thin

king_or_reality_.html[accessed 15 October 2014]

2Immigration Act 1959, Act 63.

3ICJ Rep. 1986, p.14

4Robert L. Newmark Non-Refoulement Run Afoul: The Questionable Legality of Extraterritorial Repatriation

Programs 71 Wash.U.L.Q.833, 845.
http://www.malaysianbar.org.my/human_rights/the_protection_of_refugee_children_in_malaysia_wishful_thinking_or_reality_.htmlhttp://www.malaysianbar.org.my/human_rights/the_protection_of_refugee_children_in_malaysia_wishful_thinking_or_reality_.htmlhttp://www.malaysianbar.org.my/human_rights/the_protection_of_refugee_children_in_malaysia_wishful_thinking_or_reality_.htmlhttp://www.malaysianbar.org.my/human_rights/the_protection_of_refugee_children_in_malaysia_wishful_thinking_or_reality_.htmlhttp://www.malaysianbar.org.my/human_rights/the_protection_of_refugee_children_in_malaysia_wishful_thinking_or_reality_.htmlhttp://www.malaysianbar.org.my/human_rights/the_protection_of_refugee_children_in_malaysia_wishful_thinking_or_reality_.html


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Protocol have frequently gave confirmation to the UNHCR of their recognition and

acceptance of the principle of non-refoulement. Thus, there is either an understanding on the

part of States that this principle has a normative character.5This view is further supported by

the Universal Declaration of Human Rights (UDHR) which states that "everyone has the right

to seek and to enjoy in other countries asylum from persecution".6

Thus, we argue that through customary international law, Malaysia has an obligation

to refrain from sending refugees back to their homeland, when there is a high possibility they

will be in danger for their lives if they return. Unfortunately, it should be noted that Malaysia,

in some occasions has violated this fundamental principle, for an example the refoulement of

two Sri Lankan refugees and an asylum seeker in May 2014, as reported inAliran.7

This illustrates that despite having a legal obligation on the basis of international

custom, Malaysia has chosen to ignore it. Now, it is relevant to explore on the stand of other

jurisdictions in dealing with refugees made comparison to Malaysia.

5UN High Commissioner for Refugees (UNHCR), The Principle of Non-Refoulement as a Norm of Customary

International Law. Response to the Questions Posed to UNHCR by the Federal Constitutional Court of the

Federal Republic of Germany in Cases 2 BvR 1938/93, 2 BvR 1953/93, 2 BvR 1954/93, 31 January 1994,

available at: http://www.refworld.org/docid/437b6db64.html [accessed 14 October 2014]

6Article 14, paragraph 1.

7http://aliran.com/civil-society-voices/2014-civil-society-voices/refoulement-two-sri-lankan-refugees-asylum-

seeker-condemned/[accessed 14 October 2014]
http://aliran.com/civil-society-voices/2014-civil-society-voices/refoulement-two-sri-lankan-refugees-asylum-seeker-condemned/http://aliran.com/civil-society-voices/2014-civil-society-voices/refoulement-two-sri-lankan-refugees-asylum-seeker-condemned/http://aliran.com/civil-society-voices/2014-civil-society-voices/refoulement-two-sri-lankan-refugees-asylum-seeker-condemned/http://aliran.com/civil-society-voices/2014-civil-society-voices/refoulement-two-sri-lankan-refugees-asylum-seeker-condemned/http://aliran.com/civil-society-voices/2014-civil-society-voices/refoulement-two-sri-lankan-refugees-asylum-seeker-condemned/http://aliran.com/civil-society-voices/2014-civil-society-voices/refoulement-two-sri-lankan-refugees-asylum-seeker-condemned/


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3.0 A Look into Other JurisdictionsChild Refugees

In the context of child refugees, unarguably, the 1957 Convention and 1961 Protocol

is applicable as both instruments cover all refugees. Furthermore, the asylum seeking children

are also afforded protection under the Convention of the Rights of the Child, which stated

that:

States Parties shall take appropriate measures to ensure that a child who is seeking

refugee status or who is considered a refugee in accordance with applicable

international or domestic law and procedures shall, whether unaccompanied or

accompanied by his or her parents or by any other person, receive appropriate

protection and humanitarian assistance in the enjoyment of applicable rights set forth

in the present Convention and in other international human rights or humanitarian

instruments to which the said States are Parties.8

Moving on, we will now discuss how several other countries treat child refugees

whether or not in accordance or in violation of the international laws abovementioned.

In Australia, it is law that people of all ages who arrive by boat on the shores of

Australian beaches are put in detention on Christmas Island or offshore in Nauru until their

claims have been processed and their refugee status determined by the authorities. Statistics

show that as of 30th September 2014, there have been more than 1000 children in these

detention facilities since March who remain there for an average period of 8 months. 9

Although Australia is a signatory to the Convention on the Rights of the Child,which sets

out international benchmarks for the care and rights of all children, and though they have

ratified the International Covenant on Civil and Political Rights, they lock defenceless

children up in cells which only add to their fear10which is in violation of Article 9 of the

said covenant.11

8Article 22(1), CRC.

9Fact Check, April 1 2014, Retrieved from :http://www.abc.net.au/news/2014-03-31/children-in-detention-is-

australia-breaching-international-law/5344022

10 Article 37 of the CRC says that "no child shall be deprived of his or her liberty unlawfully or arbitrarily".

11 "Everyone has the right to liberty and security of person"."No one shall be subjected to arbitrary arrest or

detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedureas are established by law,"
http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspxhttp://www.austlii.edu.au/au/other/dfat/treaties/1980/23.htmlhttp://www.abc.net.au/news/2014-03-31/children-in-detention-is-australia-breaching-international-law/5344022http://www.abc.net.au/news/2014-03-31/children-in-detention-is-australia-breaching-international-law/5344022http://www.abc.net.au/news/2014-03-31/children-in-detention-is-australia-breaching-international-law/5344022http://www.abc.net.au/news/2014-03-31/children-in-detention-is-australia-breaching-international-law/5344022http://www.abc.net.au/news/2014-03-31/children-in-detention-is-australia-breaching-international-law/5344022http://www.austlii.edu.au/au/other/dfat/treaties/1980/23.htmlhttp://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx


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Several complaints about Australia's detention policy have been made to the UNHRC

which has previously found Australia's policy of mandatory detention of both children and

adults to be in violation of the covenant. International law does not allow for the detention of

children for longer than absolutely necessary. The United Nations guidelines on the detention

of asylum seekers also make it clear that children, protected by the Convention on the Rights

of the Child, should not be placed in detention for any length of time.

UNHRC recentlyruled that Australia's detention of people in immigration - not just

children - was arbitrary and in violation of the civil rights covenant.

"Detention in the course of proceedings for the control of immigration is not per se

arbitrary, but the detention must be justified as reasonable, necessary and

proportionate in light of the circumstances and reassessed as it extends in time.

Asylum-seekers who unlawfully enter a State party's territory may be detained for a

brief initial period in order to document their entry, record their claims, and determine

their identity if it is in doubt.

The recent conflict in Syria has definitely affected the Middle East region, especially

Lebanon which received a large number of refugees due to forced displacement in their

country. As of January 2014, there are 856, 456 refugees who reside in Lebanon12, which

includes 200, 000 children. Lebanon has not signed the 1951 Convention, and it also does not

have any local legislation to address issues regarding refugees.

As reported in the Washington Post13, Lebanon has no formal refugee camps, which

led the refugees including women and children to settle in informal tents with poor living

condition. Moreover, a study published in earlier this year revealed that 41 percent of the

youth Syrian refugees between the age of 15 to 24 (which some would fall under the

definition of children14) have considered to committing suicide.15 The same study also

observed that sexual harassment, domestic violence and exploitation are widespread and

prevalent among the young refugees in Lebanon. It caught the attention of multitudes when in

12http://www.unhcr.org/pages/49e486676.html[accessed 19 October 2014]

13http://www.washingtonpost.com/world/middle_east/lebanon-ill-equipped-to-handle-ptsd-in-children-of-

syrian-refugeees/2014/09/27/4b035b44-4406-11e4-9a15-137aa0153527_story.html[accessed 19 Oct 2014]

14The Convention of the Rights of the Child defines child as any human being under the age of eighteen.

15http://english.al-akhbar.com/node/20691[accessed 19 Oct 2014]
https://www.humanrights.gov.au/publications/casenote-fkag-v-australia-and-mmm-v-australiahttp://www.unhcr.org/pages/49e486676.htmlhttp://www.unhcr.org/pages/49e486676.htmlhttp://www.unhcr.org/pages/49e486676.htmlhttp://www.washingtonpost.com/world/middle_east/lebanon-ill-equipped-to-handle-ptsd-in-children-of-syrian-refugeees/2014/09/27/4b035b44-4406-11e4-9a15-137aa0153527_story.htmlhttp://www.washingtonpost.com/world/middle_east/lebanon-ill-equipped-to-handle-ptsd-in-children-of-syrian-refugeees/2014/09/27/4b035b44-4406-11e4-9a15-137aa0153527_story.htmlhttp://www.washingtonpost.com/world/middle_east/lebanon-ill-equipped-to-handle-ptsd-in-children-of-syrian-refugeees/2014/09/27/4b035b44-4406-11e4-9a15-137aa0153527_story.htmlhttp://www.washingtonpost.com/world/middle_east/lebanon-ill-equipped-to-handle-ptsd-in-children-of-syrian-refugeees/2014/09/27/4b035b44-4406-11e4-9a15-137aa0153527_story.htmlhttp://english.al-akhbar.com/node/20691http://english.al-akhbar.com/node/20691http://english.al-akhbar.com/node/20691http://english.al-akhbar.com/node/20691http://www.washingtonpost.com/world/middle_east/lebanon-ill-equipped-to-handle-ptsd-in-children-of-syrian-refugeees/2014/09/27/4b035b44-4406-11e4-9a15-137aa0153527_story.htmlhttp://www.washingtonpost.com/world/middle_east/lebanon-ill-equipped-to-handle-ptsd-in-children-of-syrian-refugeees/2014/09/27/4b035b44-4406-11e4-9a15-137aa0153527_story.htmlhttp://www.unhcr.org/pages/49e486676.htmlhttps://www.humanrights.gov.au/publications/casenote-fkag-v-australia-and-mmm-v-australia


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a recent video, a Lebanon child was seen beating a Syrian child refugee. There was then no

follow up as to the Legal Avenue taken or medical treatment given in this matter which

proved that the Syrian child refugees16do not receive the protection they hoped for upon

fleeing Syria. In February this year, UNICEF stated that the child refugees in Lebanon have

been facing another silent threat to their survival, namely malnutrition.17

In Lebanon, despite not being a signatory to the 1951 Convention, Lebanon has

ratified the CRC and its principles have been enshrined and underlined in domestic

legislations. However, all the reports on the ill-treatment of child refugees residing in

Lebanon did not reflect Lebanons compliances with CRC. Under CRC, Lebanon should not

be discriminatory in the treatment and protection of children, which also includes the Syrian

child refugees. It is also the role of the state to protect them from abuse and exploitation, inaccordance with the said convention.

16http://stream.aljazeera.com/story/201407212102-0023946[accessed 19 Oct 2014]

17

http://english.alarabiya.net/en/News/middle-east/2014/02/25/Syria-refugee-children-in-Lebanon-risk-starvation-U-N-says.html[accessed 20 Oct2014]
http://stream.aljazeera.com/story/201407212102-0023946http://stream.aljazeera.com/story/201407212102-0023946http://stream.aljazeera.com/story/201407212102-0023946http://english.alarabiya.net/en/News/middle-east/2014/02/25/Syria-refugee-children-in-Lebanon-risk-starvation-U-N-says.htmlhttp://english.alarabiya.net/en/News/middle-east/2014/02/25/Syria-refugee-children-in-Lebanon-risk-starvation-U-N-says.htmlhttp://english.alarabiya.net/en/News/middle-east/2014/02/25/Syria-refugee-children-in-Lebanon-risk-starvation-U-N-says.htmlhttp://english.alarabiya.net/en/News/middle-east/2014/02/25/Syria-refugee-children-in-Lebanon-risk-starvation-U-N-says.htmlhttp://english.alarabiya.net/en/News/middle-east/2014/02/25/Syria-refugee-children-in-Lebanon-risk-starvation-U-N-says.htmlhttp://english.alarabiya.net/en/News/middle-east/2014/02/25/Syria-refugee-children-in-Lebanon-risk-starvation-U-N-says.htmlhttp://stream.aljazeera.com/story/201407212102-0023946


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4.0 Malaysias Stand on Child Refugees

As observed from previous discussion, due to Malaysias paucity in ratifying

conventions on the issue of refugees, there is no formal or legal protection towards this

group. This is especially important in the context of child refugees, as they are more

vulnerable due to their tender age, naivety and immaturity. Nearing the end of August 2013,

according to the UNHCR, there are somewhat 108,336 refugees and asylum-seekers

registered with UNHCR in Malaysia. There are approximately 25, 000 children below the age

of 18.18

The Immigrations Acts failure in recognizing the status of refugees, has caused a

great impact towards the children because they would then fall within the meaning of illegal

immigrants under the Act. Therefore, children are subjected to harsh penalties, detention in

unfit environment and also bear the risk of being separated from their families.

It is relevant to take into consideration the Convention of the Rights of Children

(CRC) and whether or not it carries any weightage, since it is one of the human rights

conventions that Malaysia has ratified. It is also noteworthy that the provisions in the Child

Act 2001 (Act 611) are based on the four core principles of the CRC that is, non-

discrimination, best interest of the child, the right to life, survival and development and

respect for the views of the child. Thus, it can be argued that in dealing with child refugees,

much attention should be given to the principles embedded in the CRC.

Despite that, quite the opposite has occurred in Malaysia. In the year 2005, it was

reported that there were 40 children in detention centers because they entered the country

without proper documentation, setting aside the fact that they fled in desperation.19

A coalition of several childrens rights NGO has highlighted seven main problems at

the immigration detention centers, which are: overcrowding, lack of food and clean water,

poor medical care, poor sanitation, limited number of bedding and the lack of special

protection or procedure for children in the centers.20 Research has also shown that the

incarceration of children in detention centers has incurred long-lasting physical and

psychological health problems to child refugees. They are constantly exposed to detrimental

18http://www.unhcr.org.my/[accessed 17 Oct 2014]

19http://aliran.com/archives/monthly/2005a/5b.html[accessed 16 October 2014]

20http://www.thestar.com.my/News/Nation/2013/10/06/Stop-child-detention/[accessed 17 Oct 2014]
http://www.unhcr.org.my/http://www.unhcr.org.my/http://www.unhcr.org.my/http://aliran.com/archives/monthly/2005a/5b.htmlhttp://aliran.com/archives/monthly/2005a/5b.htmlhttp://aliran.com/archives/monthly/2005a/5b.htmlhttp://www.thestar.com.my/News/Nation/2013/10/06/Stop-child-detention/http://www.thestar.com.my/News/Nation/2013/10/06/Stop-child-detention/http://www.thestar.com.my/News/Nation/2013/10/06/Stop-child-detention/http://www.thestar.com.my/News/Nation/2013/10/06/Stop-child-detention/http://aliran.com/archives/monthly/2005a/5b.htmlhttp://www.unhcr.org.my/


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living conditions without adequate facilities, and they lose the opportunity to learn and play

like any other child of similar age group would. A study in the context of Australia indicated

that children in detention centers have a tendency to suffer from post-traumatic stress, major

depression problem and display suicidalbehaviors.21

By detaining children, Malaysia has knowingly or unknowingly violated Article 37 of

the CRC. Thus, it is a proof that by ill-treating the child refugees in detention centers,

Malaysia has not been upholding the fundamental principles in the CRC.

On the other hand, child refugees who are not detained in detention centers are not

living a better life either. Due to the lack of recognition of their refugee status, they are

considered an undocumented child, and thus are denied right to basic education. Despite

having over 11,000 refugee children which are of school-going age in Malaysia, less than

40%of them have no access to formal education.22

These children only receive informal education via class conducted by non-

governmental organizations. They live in uninhabitable huts, with no proper healthcare

facilities. Basic necessities such as food and clothing are scarce and in rare occasions, if they

are fortunate, they may be assisted from UNHCR. To make things worse, they are unable or

rather, incapable to enjoy simple activities like playing in the outdoors, due to fear for their

own security causing many of them to be forced to work to survive at a young age.23

Reverting back to the CRC, Article 22 specifically provides for the rights of asylum-

seeking children to protection and humanitarian assistance. Initially, when Malaysia ratified

the CRC, Article 22 was among the reservations made. Then in 1999, the reservation on this

particular article was lifted. The removal of reservation on Article 22 clearly shows that the

government of Malaysia realizes this issue that exists in Malaysia, and this act may be seen as

a positive assertion for a need to protect child refugees. Thus, with all due respect, it is

submitted that this should be taken into account in the protection of child refugees.

21A study by Royal Australian and New Zealand College of Psychiatrists (RANZCP).

22Refugee Children and Educationhttp://www.unhcr.org.my/refugeeMsia.htm[accessed 18 Oct 2014]

23http://www.freemalaysiatoday.com/category/opinion/2013/12/05/recognise-the-refugees/[accessed 19 Oct

2014]
http://www.unhcr.org.my/refugeeMsia.htmhttp://www.unhcr.org.my/refugeeMsia.htmhttp://www.unhcr.org.my/refugeeMsia.htmhttp://www.freemalaysiatoday.com/category/opinion/2013/12/05/recognise-the-refugees/http://www.freemalaysiatoday.com/category/opinion/2013/12/05/recognise-the-refugees/http://www.freemalaysiatoday.com/category/opinion/2013/12/05/recognise-the-refugees/http://www.freemalaysiatoday.com/category/opinion/2013/12/05/recognise-the-refugees/http://www.unhcr.org.my/refugeeMsia.htm


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his UN identification document can be deported to his motherland, where they would be

subjected to face the same persecution they were running away from.

To add to their woes, refugees cannot find a legal way of earning a living or education

in this country. No company takes on the risk of getting a work permit for a refugee. They do

however allow the refugee to do menial tasks or errands for a meager sum of money which

may seem great compared to the sweet nothings you may earn elsewhere.

Education is imperative in ensuring stability and a sense of normalcy for the refugee

children. Since Malaysia took in Rohingya refugees in the 1980s, they have lived without

proper access to basic healthcare and education. Many adult Rohingya refugees are illiterate,

with some able to read and write Jawi and after years of living in Malaysia, the Malay

language. The Rohingya refugee children attend learning centers operated by the community

and faith-based organization with the assistance of UNHCR.24Therefore, the integration and

adaption process into society for an average refugee child would be nothing less than

challenging as they are not exposed to education within a schooling compound to mingle with

the local kids. The biggest concern for the Rohingya refugee community is for their children

to succeed and have a better life than theirs and so they believe that only through education is

this possible.

As a non-adult, 13 year old Sathya faced even more problems when it came to

education. No school, local, private or international was willing to accept refugee children

unless with higher fee, which was practically impossible to obtain by jobless refugee parents,

was paid. Sathya then joined forces with few Sri Lankan refugees in the battle for a decent

education. They were fortunately guided by a few retired teachers who voluntarily coached

and prepared them for the IGCSE examinations. Upon triumphing over one obstacle, another

arose. College. The UNHCR in Malaysia has very few affiliated universities and colleges

which refugees may attend. Despite that, those who perform brilliantly are blessed as they

can be sponsored by individuals who take on the risks of admitting these refugee kids into

college. Sathya had lady luck on his side when he was notified of attaining a college seat, but

not all refugees are.

24Myanmars Rohingya Refugees in Malaysia: Education and the Way Forward, HemaLetchamanana, CRICE,

University of Malaya. Retrieved from:http://crice.um.edu.my/downloads/4Letchamanan.pdf
http://crice.um.edu.my/downloads/4Letchamanan.pdfhttp://crice.um.edu.my/downloads/4Letchamanan.pdfhttp://crice.um.edu.my/downloads/4Letchamanan.pdfhttp://crice.um.edu.my/downloads/4Letchamanan.pdf


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Article 3(1), United Nations Convention on the Rights of the Child enlists a vital

aspect in child welfare in which depicts that

In all actions concerning children, whether undertaken bypublic or private social

welfare institutions, courts of law,administrative authorities or legislative bodies,the

best interests of the child shall be a primary consideration

As such the best interest of any child should be of primordial interest in any policies

made and even in statute but the limitations imposed over refugees in general accompanied

by the failure of the authorities to differentiate child refugees from the rest has caused a

disrupt in the implementation of the following pivotal concept. The story of Sathya is a

manifestation of the defects that is present in the current legal framework which consistently

fails to adopt the fundamental principles to protect and nurture the wellbeing of children. The

life of every refugee, including him, in Malaysia, remains in constant danger, and if not

danger, it remains in a dark corner of the world, with no guarantees of a bright future.


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Conclusion

In conclusion, as a member of the United Nations, Malaysia seems to have been

cooperative and supportive in international effort in alleviating refugee problems. There are

precedents to support this like in 1973, the UNHCR in Malaysia was concerned with the

Filipino refugees who were fleeing to Sabah due to the struggle between the Manila

government and the Moro Liberation Front and provided them with refuge. Even so, the

establishment of the office of UNHCR in Malaysia was through an invitation of the

Malaysian government. This puts forth the notion that their existence in Malaysia is because

of the goodwill of the Malaysian government. The main prerogative of the UNHCR in

Malaysia is to assist the government in identifying refugee problems within the country and

secondly, to serve as a protector to them because the UNHCR is only permitted to offer

protection if they live in conformity to the laws and policies in place.

As such, the issue on child refugee is one that should not be taken lightly by any

party. It is an ongoing and critical problem, which involves one of the most vulnerable groups

in our society and if not addressed accordingly, could be a global humanitarian crisis. It is

Malaysias responsibility to provide as much protection within its capability to ensure the

child refugees are protected from discrimination, ill treatment and other form of cruelties.

Thus, we urged the government to uphold the principles in CRC when dealing with child

refugees, and to consider ratifying the relevant international conventions to establish a more

comprehensive legal framework for the protection of child refugees.

There can be no keener revelation of a societys soul thanthe way in which it

treats its children.

Nelson Mandela,Long Walk to Freedom


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child refugee

Documents