Malaysia Proposes UNHCR Refugees Legal Work Permits

The Malaysian government has proposed a plan to allow the United Nations High Commissioner for Refugees, UNHCR refugees legal work permits,  the refugees to work legally in the country.

This initiative aims to address labor shortages in certain sectors while providing refugees with opportunities to support themselves and contribute to the economy.

However, Minister in the Prime Minister’s Department (Federal Territories), Dr Zaliha Mustafa, said the specifics of this proposal are still being refined, taking into account labour requirements and conditions across various sectors, according to a report in Malay daily Berita Harian today.

She stated that this approval would only be finalized once all refugees and asylum seekers in Malaysia are officially registered with the government.

“Currently, the government is implementing National Security Council Directive No. 23: Policy and Mechanism for Managing Refugees and Asylum Seekers (2023 revision), which was signed by the prime minister on June 14, 2023.

“This directive serves as the government’s framework for supervising and managing refugees and asylum seekers in Malaysia, outlining the roles and responsibilities of each involved government agency,” she said.

She made these remarks in a written response to a question from Teresa Kok Suh Sim (PH-Seputeh) in the Dewan Rakyat, who asked whether UNHCR-recognised refugees could be granted legal employment as a measure to address the country’s labour shortage.

Expanding on the matter, Zaliha noted that Malaysia is not a signatory to the 1951 Refugee Convention or the 1967 Refugee Protocol.

“However, on humanitarian grounds, Malaysia has extended social assistance to Rohingya refugees from Myanmar, as well as refugees from other countries.

“The government allows these groups to remain temporarily in the country, subject to existing laws, before they are resettled in a third country or return to their country of origin,” she added. (Source: Malay Daily)

Here are some key points about the proposal of UNHCR refugees legal work permits:

Background:

1. Refugee Situation in Malaysia:
   • Malaysia hosts over 180,000 refugees and asylum-seekers, the majority of whom are from Myanmar, including Rohingya refugees.
   • Refugees in Malaysia are not legally recognized and are often unable to work formally, leaving them vulnerable to exploitation and poverty.
2. Current Challenges:
   • Refugees are often forced to work in informal sectors, where they face low wages, poor working conditions, and the risk of arrest due to their undocumented status.
   • Malaysia is not a signatory to the 1951 Refugee Convention, which means refugees lack legal protections and access to basic rights.

Proposal Details Refugees Legal Work Permit

1. UNHCR refugees legal work permits:
   • The government plans to issue work permits to UNHCR-registered refugees, allowing them to work legally in specific industries facing labor shortages, such as manufacturing, construction, and agriculture.
   • This move is expected to reduce the country’s reliance on undocumented migrant workers.
2. Pilot Program:
   • The proposal may start as a pilot program, targeting specific sectors and regions before being expanded.
   • Refugees will be required to undergo health screenings and meet certain criteria to qualify for work permits.
3. Economic Benefits:
   • Allowing refugees to work legally could help address labor shortages, boost productivity, and contribute to Malaysia’s economic growth.
   • It may also reduce the burden on the government and NGOs by enabling refugees to become self-reliant.
4. Social and Humanitarian Impact:
   • The proposal could improve the living conditions of refugees, providing them with better access to income, healthcare, and education.
   • It aligns with global efforts to promote refugee integration and self-sufficiency.

Challenges and Concerns:

1. Public Perception:
   • Some Malaysians may oppose the move, fearing competition for jobs or strain on public resources.
   • The government will need to address these concerns through public awareness campaigns and clear policies.
2. Implementation:
   • Ensuring the smooth implementation of the program will require coordination between government agencies, UNHCR, and employers.
   • There is a need for robust monitoring to prevent exploitation and ensure compliance with labor laws.
3. Long-term Solutions:
   • While the proposal is a positive step, advocates emphasize the need for a comprehensive legal framework to protect refugees’ rights in Malaysia.

Global Context:

• Similar initiatives in other countries, such as Turkey and Uganda, have shown that allowing refugees to work legally can benefit both the refugees and the host country’s economy.
• The proposal reflects a growing recognition of the potential contributions refugees can make when given the opportunity.

This proposal marks a significant shift in Malaysia’s approach to refugees and could set a precedent for other non-signatory countries to the Refugee Convention. However, its success will depend on effective implementation and public support.