KEY ISSUES (ii) Rights of asylum seekers and refugees Malaysia is not a party to the UN Convention Relating to the Status of Refugees 1951 (1951 Convention) and the 1967 Optional Protocol. There are no laws governing asylum seekers and refugees in Malaysia and their rights are limited in terms of access to formal education, employment and healthcare services. In this regard, the Commission reiterates that Malaysia, as a member of the United Nations and the Human Rights Council, is obligated to protect and assist asylum seekers and refugees, even though it has not acceded to the 1951 Convention. The swap deal on asylum seekers and refugees between the Malaysian and Australian Governments in July created a public outcry among human rights activists and NGOs in both countries, mainly due to the negative perception of Malaysia’s treatment of these vulnerable groups. Furthermore, Malaysia is not a party to the 1951 Convention. Subsequently, the Australian High Court issued an injunction against the agreement, but the Australian Government has announced that it is making attempts to pursue the agreement. The Commission recommends that, should the agreement be implemented, the human rights of the asylum seekers and the refugees must be guaranteed. The Commission commends the Government for initating the registration progamme between the United Nations High Commissioner for Refugees and Malaysia, as this could pave the way for recognition of the status of refugees and asylum seekers. This may also be considered a major step toward accession to the 1951 Convention. 6. UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 (UUCA) While the Commission welcomes the Government’s move to amend Section 15 of the UUCA, it also recommends that other provisions be reviewed to allow university students to enjoy more freedom and rights as guaranteed by Article 10(1) of the Federal Constitution and as enshrined in Articles 19-21 of the UDHR. In particular, the Commission recommends amending Sections 15(5)(a), 5D(1), 16C(2) and 16B(3B). These provisions violate the freedom of association, the freedom of expression, the right to a fair hearing, the right to legal representation of one’s own choice, and the right to education. The Commission welcomes the Court of Appeal’s decision which declared Section 15(5)(a) of the UUCA to be unconstitutional and in violation of freedom of expression. The Commission urges the Government to reconsider its plan to appeal the decision. 18