CHAPTER 4 - REPORT OF THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS WORKING GROUP (ii) Rights of women refugees • Legal protection The Government should recognise/legalise ‘refugee’ status by amending the relevant laws. This, however, does not include the granting of citizenship. Additionally, the Immigration Act 1956/63 should be reviewed to ensure that alleged offenders have meaningful access to justice, including the right to apply for judicial review and to appeal, as well as access to legal aid and interpreters. Those found to be victims of human trafficking must be fully protected, while offenders should be investigated and prosecuted under the relevant human trafficking legislation. It was also suggested that the Commission should be empowered, by way of amendment of its enabling Act, to ensure that its recommendations are implemented. There have been many allegations that the refugees’ human rights have been abused during this process. To address this, the Government should conduct a formal inquiry into alleged abuse of human rights by enforcement officers attached to the Immigration Department and Royal Malaysia Police. • Ratification of international treaties The Government should take cognizance of, and implement, the Concluding Comments to CEDAW, and ratify and implement the Convention Relating to the Status of Refugees 1951 and its 1967 Optional Protocol, the Convention Relating to the Status of Stateless Persons 1954 and the Convention on the Reduction of Statelessness 1961. • Arrest, detention and treatment of refugees The absence of recognition of ‘refugee’ status by Malaysia has led to arrests and detention of refugees. There have been many allegations that the refugees’ human rights have been abused during this process. To address this, the Government should conduct a formal inquiry into alleged abuse of human rights by enforcement officers attached to the Immigration Department and Royal Malaysian Police. It was further proposed that refugees who cannot be formally deported or repatriated should not be detained. The powers of RELA personnel to search and arrest, including arrest without a warrant, should be placed within strict limits, while inquiries should be conducted into alleged abuse of power and violations of human rights by these personnel. 75