SUHAKAM’s REPORT TO THE UNITED NATIONS COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN exchange, Australia would increase its intake of asylum seekers currently in transit in Malaysia. The agreement received strong reactions from various activists and NGOs in Malaysia and Australia because Malaysia is not a party to the Convention relating to the Status of Refugees 1951 and the worry that the human rights of those sent by Australia could be abused. It was subsequently struck down by the High Court of Australia. (c) Most of the women refugees and asylum seekers are not working and are very dependent on their spouses or family members. The absence of documentation is a major problem for them. If arrested, an undocumented refugee or asylum seeker could be detained at the immigration depot and released only after intervention from the UNHCR, based on a standing agreement between the UNHCR and the Malaysian Immigration Department on the matter.36 However, this group is still open to arrest at the discretion of the enforcement authorities. (d) In Malaysia, refugees are able to access public and private healthcare facilities. However, as a matter of policy, migrant workers and refugees are paying higher fees for the same kind of treatment or public healthcare facilities that Malaysians enjoy. The maternal health of pregnant women refugees/asylum seekers is often affected due to the high costs of treatment. 3.9.5 SEXUAL MINORITIES (i) In the Malaysian context, transgender women, lesbian women and bisexual women face discrimination for various socio, religious and cultural reasons. Furthermore, there are laws that discriminate against this group especially if they are Muslims; the Syariah Criminal Offences Enactments of the various states criminalise certain acts such as cross dressing and women posing as men or vice versa.37 36 SUHAKAM’s Annual Report 2011. p. 51. Paragraph 31 of the General Recommendations No. 28 on the Core Obligations of States Perties under Article 2 of the CEDAW provides that .......states parties have an obligation to take steps to modify or abolish existing laws, regulations, customs and practices which constitutes discrimination against womem. Certain groups of women, including women deprived of their liberty, refugees, asylum seeking and migrant women, stateless women, lesbian women, disabled women, women victims of trafficking, widows and elderly women, are particularly vulnerable to discrimination through civil and penal laws, regulations and customary law and practices..... 19 37