KEY ISSUES • To develop a comprehensive legal and policy framework to regulate the recruitment, admission, placement, treatment, and repatriation of migrant workers; and • To develop measures to identify trafficking in persons among migrant workers. These recommendations were developed to promote greater consideration among policy makers on the importance of placing human rights at the centre of policy discussions, as well as in the drafting of the ASEAN Instrument for the Protection and Promotion of the Rights of Migrant Workers. (ii) Rights of asylum seekers and refugees Currently, there are no laws governing asylum seekers and refugees in Malaysia, while the rights of refugees are very limited. Asylum seekers and refugees continue to be arrested, detained and sentenced for immigration offences – even including those who have documents from United Nations High Commissioner for Refugees (UNHCR). In this regard, the Commission reiterated 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 relevant international conventions. The Commission will pursue its previous recommendations2 and work with the Ministry of Home Affairs, the Ministry of Foreign Affairs and the UNHCR to make accession to the relevant international conventions a reality. The Commission also recommended that the Government provides better living conditions for refugees. 8. NATIONAL HUMAN RIGHTS ACTION PLAN (NHRAP) The Commission is pleased with the positive steps taken by the Government to develop a NHRAP as part of its progressive efforts to improve the promotion and protection of human rights. While the Commission recognises that the Government’s focal agency has the lead role in developing the NHRAP, it is also of the view that all sectors of the society should participate directly and indirectly in its preparation and development, as ultimately the NHRAP will belong to the people. In this regard, the Commission proposed the setting up of a pro-tem committee comprising representatives of stakeholders to assist the focal agency at the preparatory stage, and with baseline studies to identify key concerns to be addressed in the NHRAP. 2 Page 107 of SUHAKAM’s Annual Report 2007 18