Allow the Sri Lankan Refugees for Access to UNHCR Immediately!
SUARAM has been informed that a group of 75 Tamil asylum seekers stranded in a ship moored off Tanjong Piandang, Perak since 19th April 2010. They fled from Sri Lanka in fear of persecution and harsh living conditions. We were informed that among the 75 individuals, 61 males, 7 females and 7 children’s (aged between 10 to 17). SUARAM believes the 75 individuals as persons of concern and in need of immediate attention and intervention as per their humanitarian and human rights concerns.
SUARAM were informed that concerned individuals have expressed fear of forcible returned to Sri lanka where they will be subjected to torture and inhumane treatment and harsh living conditions. They also express fear of arrest by the Malaysian authorities where they will be subjected to forceful arrest and prolonged detention and be denied access to seek humanitarian assistance and to seek asylum.
Although the civil war in Sri Lanka ended in May 2009, more that 200,000 Sri Lankan Tamils have been arbitrarily arrested and detained incommunicado by the authorities in irregular detention facilities, such as vacated school buildings. Many were subjected to torture and enforced disappearances or confined in an overcrowded, military-run camps where conditions are extremely poor giving rise to serious human rights and humanitarian crisis. Sri Lankan asylum seekers and refugees currently living in Malaysia cannot be forced to return to uncertain conditions of living where they might have to live in camps or where they might be subject to persecution.
SUARAM demands that the group of Sri Lankan asylum seekers is given access to UNHCR immediately and consequently upon verification, released into UNHCR’s official care. This is must be extended to not only these group of Sri Lankan’s but all asylum seekers and refugee arrested by law enforcement authorities.
SUARAM re-iterates that everyone has a right to seek asylum and should have the right to due process in its adjudication. Article 14 of the Universal Declaration of Human Rights (UDHR) provides that “everyone has the right to seek and enjoy in other countries asylum from persecution.”
SUARAM also views that the forcible return of the concerned individuals would be breach of International Customary laws. The principle of non-refoulement which part of the international customary law, prohibits the return of any person in any manner whatsoever to a situation where he or she should be at risk of torture or other serious human rights violations. While Malaysia is not a party to the 1951 UN Convention Relating to the Status of Refugees, it nonetheless bound by the fundamental principle of non-refoulement, which prohibits any person being returned to a country where they face serious human rights violations.
Malaysia is also formally obliged to care for Refugee children as it is signatory to the Convention on the Rights of the Child (CRC) and the UN Convention on the Elimination of all forms of Discrimination against Women (CEDAW). According to the Article 22 of the CRC, the Malaysian Government should proactively provide assistance and protection to children of asylum seekers and refugees.
We therefore call upon the Malaysian Government who is seeking candidacy to the UN Human Rights Council cannot ignore its human rights obligation and responsibility to this vulnerable group of people. We call on the government to respect their rights and the humanitarian concerns herewith and ensure that the law enforcement agencies respect and protect the rights of the asylum seekers.
Released by,
Nalini.E
Suaram Coordinator
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