CHAPTER 2 - REPORT OF THE COMPLAINTS AND INQUIRIES WORKING GROUP
Complaints about health and financial problems among refugees include difficulties in paying hospital
bills. These cases are referred to the UNHCR for consideration and possible financial aid.
The Governments of Australia and Malaysia announced on 25 July that an agreement on the transfer
and resettlement of refugees and asylum seekers had been inked. Under the arrangement, for the
next four years, Australia would send 800 unprocessed asylum seekers who land on its shores to
Malaysia where they would be administered by the UNHCR. In return, Australia would accept 4,000
UNHCR-certified refugees based in Malaysia.
From the onset, this deal was heavily criticised by various quarters since Malaysia has yet to ratify the
1951 Convention and 1967 Optional Protocol. On 25 May, a gathering by concerned parties was held
at the Australian High Commission to hand over a memorandum protesting against the arrangement.
The Commission’s monitoring team was present and the crowd dispersed after submission of the
memorandum. On 14 June, the Commission received a memorandum from several organisations
objecting to the agreement.
In Australia, a legal challenge was mounted to prevent the deal from proceeding and, on 31 August,
the Australian High Court declared the agreement to be invalid because the rights of asylum seekers
could not be guaranteed in Malaysia, which has not signed the 1951 Convention.
3. LOOKING FORWARD
The trend of demanding greater accountability, transparency and upholding of rights has featured
prominently throughout the year, being actively pursued by civil society. The Commission, through
the CIWG, engaged all stakeholders in order to get a balanced view of issues.
In the coming year, the CIWG will make the Commission’s presence felt on the ground by monitoring
public activities and by facilitating discussions between aggrieved parties and the authorities to resolve
points of contention. Visits to places of detention will be conducted on a regular basis to enable the
Commission to ensure there is adherence to human rights standards.
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