CHAPTER 3 - REPORT OF THE LAW REFORM AND INTERNATIONAL TREATIES WORKING GROUP • To implement a pilot project with a cut-off date for NGOs and corporate bodies that are interested in extending assistance to refugees (b) Swap Agreement between Malaysia and Australia on Asylum Seekers In July, Malaysia signed a bilateral agreement with Australia to deal with the problem of asylum seekers and refugees. Under the agreement, 800 asylum seekers from Australia would be sent to Malaysia to be processed by the authorities; in return, Australia would accept from Malaysia 4,000 refugees registered with the UNHCR. The two Governments claimed that the objective of the agreement was to end human smuggling activities into Australia by sending smuggled individuals to Malaysia where their claims would be processed, instead of allowing them to enter Australia, the destination country. The agreement received strong reactions especially from Malaysian and Australian activists and NGOs because Malaysia is not a party to the 1951 Convention. Furthermore, given Malaysia’s poor human rights record in terms of its treatment of refugees and asylum seekers, they are of the view that the human rights of those sent by Australia could be abused. In May, the Commission held a meeting with the UNHCR to obtain views on the agreement. In June, representatives of the Home Ministry briefed the Commission on the objectives and aims of the agreement. On 31 August, the Australian High Court declared the agreement to be illegal, therefore halting implementation. Both the Malaysian and Australian Governments reiterated their intention to pursue the agreement at the Commonwealth Heads of Government meeting in October. The Commission recommends that, should the agreement be carried out in the future, the human rights of asylum seekers and the refugees must be safeguarded and guaranteed. This recommendation was also conveyed to the Home Ministry at a meeting with the Commission. (c) Registration of Refugees and Asylum Seekers The Government announced that, in January 2012, asylum seekers and refugees in the country holding a UNHCR card would be registered as part of an agreement between the UNHCR and Malaysia. The Commission commends the Government for taking this major step toward compliance with the 1951 Convention. The Commission hopes that the registration will pave the way for recognition of the status of the refugees and asylum seekers, as emphasised by the Convention. 55