Key Issues
the Elimination of All Forms of Discrimination Against Women (CEDAW), and the Convention
on the Rights of Persons with Disabilities (CRPD), which apply regardless of nationality or
immigration status. Furthermore, it is internationally accepted that the CRC demands that
refugee children be seen and protected first as children, and imposes an obligation on State
Parties to ensure that the best interests of the child is a primary consideration in all actions.
It is therefore unfortunate that many refugee children, including unaccompanied minors,
are being held in immigration detention centres, instead of placed in appropriate shelters.
While noting the roles of the Malaysian authorities domestically, the Commission realises
that concerted efforts are required from the origin, transit, and destination countries in order
to resolve the matter effectively. During the year, Malaysia was the Chair of ASEAN, and
therefore, was well placed to advocate for a regional approach to dealing with the refugee
issue involving ASEAN Member States. Despite the gravity of the problem in the region, the
refugee crisis was not even featured on the agenda of the ASEAN summit during the year,
which the international community pegged as a result of “limited official commitment to
human rights in the region” coupled with a “traditional ASEAN policy of non-interference
in Member States’ domestic policies”.1
As a respected member of the United Nations Human Rights Council (UNHRC), the
Commission urges the Government of Malaysia to seriously consider acceding to the 1951
UN Refugee Convention. This would place the Government on firmer footing with UNHCR
in order to address refugee issues systematically, rather than continuing the existing adhoc approach. Towards this end, the Commission hopes that individuals in need of genuine
protection, such as refugees, are screened and accorded the necessary protection.
4.
DEATHS IN POLICE CUSTODY
At the outset, the Commission notes and commends the cooperation afforded by PDRM
during the course of the Commission’s thematic study on “Deaths in Police Custody”, which
began in 2014. The Commission is currently at its final stage of completing this project,
which will conclude with the publication of the thematic study report.
Through this study, the Commission was able to identify areas of concern which require not
only serious consideration from the police, but more importantly, the addressing of the root
1
James Bowen, ‘Refugee Crisis Tests Limits of Southeast Asian Cooperation’ (IPI Global Observatory, 15 May 2015)
<https://theglobalobservatory.org/2015/05/asean-rohingya-refugees-myanmar/>; See also John Arendshorst, ‘The
Dilemma of Non-Interference: Myanmar, Human Rights, and the ASEAN Charter’ [2009], 8 Nw. J. Int’l Hum. Rts.
102; The Editor, ‘Dear world: Don’t expect so much from ASEAN on the refugee crisis’, The Phnom Pen Post (21 May
2015) <http://www.phnompenhpost.com/analysis-and-op-ed/dear-world-dont-expect-so-much-asean-refugeecrisis>; Brian McArtan, ‘ASEAN rights and wrongs’, Asia Times Online (Southeast Asia, 28 February 2009) <http://
www.atimes.com/atimes/Southeast_Asia/KB28Ae03.html>; Mathew Davis, ‘The Rohingya and regional failure’,
(New Mandala, 16 May 2015) <http://asiapacific.anu.edu.au/newmandala/2015/05/16/the-rohingya-and-regionalfailure/>
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