Grace Lee, Research Associate Taiwan ASEAN Studies Center, CIER
Introduction
Since the adoption of the 1951 United Nations Convention Relating to the Status of Refugees, which has been signed by 148 countries, only the Philippines, Cambodia, and the soon-to-join East Timor have ratified the Convention among the member states of the Association of Southeast Asian Nations (ASEAN). As one of the founding members of ASEAN, Malaysia is also a key participant in the ASEAN Intergovernmental Commission on Human Rights (AICHR). However, according to the 2024 Freedom in the World report by Freedom House, Malaysia scores 53, classifying it as “partly free”, particularly in the area of “whether laws, policies, and practices ensure equal treatment for different groups,” where it received just 1 out of 4 points. The report highlights that, in addition to ethnic policies, discrimination and suppression of sexual minorities, women, and foreign laborers, the issue of Rohingya refugees has contributed to Malaysia’s low score.
According to the latest statistics from the United Nations High Commissioner for Refugees (UNHCR), Malaysia is home to approximately 180,000 refugees and asylum seekers, 85% of whom are from Myanmar, including 100,000 Rohingya people. These Rohingya refugees primarily reside in major towns in Peninsular Malaysia, particularly in regions such as Selangor, Kuala Lumpur, Johor, and Penang, which offer more employment opportunities.
The Rohingya people originate from Myanmar, a predominantly Buddhist Southeast Asian country. As one of Myanmar's Muslim minority groups, the majority of Rohingya people reside in Rakhine State in the southwestern part of the country. Many began fleeing to Malaysia in the mid-1980s after losing their citizenship due to a new nationality law in Myanmar. From 2015 onwards, the Rohingya began fleeing in greater numbers to Malaysia due to ethnic and religious persecution.
Rohingya refugees in Malaysia face long-term social discrimination and are at risk of arrest and forced deportation back to Myanmar. Despite active protests from domestic human rights organizations and NGOs, the Malaysian government, citing the country’s non-signature of the 1951 Refugee Convention, does not recognize the refugee status of Rohingya individuals and treats them as undocumented illegal immigrants. The National Security Council has previously suggested closing the UNHCR office in Kuala Lumpur, and former Home Minister Hamzah Zainudin warned in October 2022 that the UNHCR and human rights organizations should not interfere in Malaysia’s internal affairs, maintaining that Myanmar refugees should be sent back to their home country.
While the government of current Prime Minister Anwar Ibrahim, which champions a reform agenda, has taken a more moderate stance on refugee issues compared to previous administrations, it still tends to maintain a conservative position. The Ministry of Home Affairs, led by Anwar’s confidant Saifuddin Nasution, called on the UNHCR in January 2024 to assist in the resettlement of Malaysia's 180,000 refugees and asylum seekers to other countries. Human rights organizations and the UNHCR still face challenges accessing detention centers and meeting with detained refugees and asylum seekers, who are held in extremely poor conditions and face regular abuse. However, Saifuddin also mentioned that an agreement on data sharing between the Ministry of Home Affairs and the UNHCR is in the final drafting stage, which could strengthen cooperation and improve refugee management policies. The government is also exploring options to allow refugees to work in specific sectors, but Saifuddin emphasized that these refugees cannot remain in Malaysia long-term and must eventually be resettled in other countries.
According to the Malaysian government, the main reason for not signing the Refugee Convention is the difficulty of managing the challenges posed by refugees, as well as the Convention's requirement to prioritize refugees, which the government believes would undermine the rights of Malaysian citizens. This paper will examine the factors influencing Malaysia’s refugee policy from both international and domestic perspectives.
International Influences
Malaysia is one of the largest host countries for refugees in Southeast Asia. In the 1970s, the Indochina refugee crisis emerged following the unification of Vietnam and the fall of the Cambodian monarchy. Southeast Asian countries were initially reluctant to deal with the refugee issue, claiming that it was the responsibility of the international community, with Southeast Asia merely serving as a transit and temporary haven for refugees. Additionally, host countries were concerned that refugee groups, including political extremists, could pose a threat to diplomatic relations, particularly since Southeast Asian countries strongly value the principle of non-interference in each other’s domestic affairs. This lack of political will to pressure the Myanmar government to address its internal human rights issues is evident.
Although the Malaysian government initially adopted a more lenient policy towards Rohingya refugees in the 1970s and 1980s, research suggests that as the Rohingya began to present socio-economic challenges to the local community, the government shifted its approach. It began conducting arrests and detentions, tightening border controls, and even forcing refugee boats back to sea in violation of the non-refoulement principle in international law to prevent Rohingya entry. In contrast to the human rights needs of refugees, Malaysia's government has prioritized its national interests and adopted a rational foreign policy aimed at minimizing traditional and non-traditional security threats. This shift marks a move from liberal humanitarian policies to a rejectionist refugee policy.
Moreover, as a key member of ASEAN, Malaysia is a strong supporter of the ASEAN model, which emphasizes regional cooperation while adhering to the principle of non-interference in domestic affairs. During Mahathir Mohamad’s first tenure as prime minister (1981–2003), Malaysia's foreign policy emphasized that as an Islamic nation, Malaysia should focus on the oppression of Muslim minorities in other regions. However, the ASEAN model, which prioritizes non-interference and informality, clearly took precedence over Malaysia’s self-proclaimed Islamic duty. This passive, evasive approach has shaped Malaysia’s refugee policy, which is characterized by informality, in line with ASEAN's preference for non-official diplomatic approaches. While the Malaysian government does not officially recognize the legal status of refugees, it has tacitly allowed the UNHCR to operate within the country and has not explicitly prevented NGOs from providing humanitarian or religious aid to refugees.
Additionally, within the context of ASEAN's emphasis on exceptionalism and the tension between policy concepts and globalization, Malaysia, like other ASEAN countries, views international human rights standards as a Western imposition on the Third World. This entrenched exceptionalist stance, combined with anti-colonial sentiment, leads Malaysia to be reluctant to adopt human rights norms that are seen as Western ideologies.
Furthermore, violations of international human rights norms by major powers also contribute to this reluctance. A notable example in the Asia-Pacific region was the 2011 "Malaysia Solution," a refugee exchange agreement between Australia and Malaysia. Australia aimed to stop asylum seekers from traveling by boat to Australia and combat human trafficking by transferring 800 asylum seekers to Malaysia, while Malaysia agreed to resettle 4,000 UNHCR-recognized refugees in Australia. Despite being hailed as a ground-breaking initiative, the agreement faced widespread criticism for overlooking human rights and shirking responsibility. The Australian High Court ruled that the agreement violated international law and Australian human rights law, ultimately leading to its termination.
The Australian example highlights the growing trend of major countries, which have already signed the Refugee Convention, shifting the responsibility of asylum seekers to developing countries, thereby exacerbating the burdens on these countries. This approach fosters negative attitudes toward refugees in host countries and leads to stricter policies, as seen in Malaysia.
Domestic Factors
As a post-colonial country, Malaysia, like many Asian countries, places great emphasis on national sovereignty and territorial integrity. One of the first actions taken by post-colonial states was to implement laws, administrative measures, and policing to safeguard territorial integrity and nation-building. Thus, Malaysia’s greatest obstacle in addressing the refugee issue is the lack of a legitimate legal framework, leading to the absence of related governance policies. Malaysia has rejected the large influx of Rohingya refugees because the government believes that admitting refugees without restriction is not a long-term viable solution to the crisis primarily caused by Myanmar’s internal issues.
Although Malaysia has not signed the Refugee Convention, it has tacitly allowed the UNHCR to operate within the country. However, without formal legal structures, refugee protection is extremely limited, with most aid provided by NGOs and religious charitable groups, which may not provide sustainable solutions and could cease at any time. Since Malaysia does not recognize the Rohingya refugees' status, these individuals are categorized as undocumented, stateless, and illegal immigrants who have entered the country through informal channels such as human trafficking. The government treats them with harsh measures, akin to criminal treatment, and believes that admitting more refugees would undermine Malaysia’s ability to combat illegal immigration and threaten public safety. Moreover, the outbreak of ethnic violence between Burmese Buddhists and Rohingya Muslims in Malaysia in June 2013 raised concerns about the potential threat to national security.
Without formal regulations, the UNHCR also faces administrative challenges, causing many refugees to wait for years to receive their refugee status documents. While awaiting recognition, asylum seekers often have to take low-wage, informal jobs without legal documentation, which increases their vulnerability to exploitation. The government’s crackdown on illegal migrant communities, especially in Kuala Lumpur, exacerbates the survival crisis for the Rohingya and forces them into a gray area where they risk detention and deportation. This situation also contributes to the exploitation of their labor rights and creates opportunities for corruption among police and immigration officers.
In addition to government concerns about national sovereignty, public and social attitudes also influence the government’s stance on refugees. Some citizens fear that illegal immigrants will undermine their own citizenship rights, competing for jobs and economic resources. Media reporting, often negative or selective, fosters hostility towards these outsiders, leading the government to shy away from addressing the refugee issue, fearing that a welcoming environment could attract more refugees.
Despite the shared Sunni Muslim identity between the Malaysian government and the Rohingya refugees, Malaysia’s reluctance to extend humanitarian aid can also be attributed to its experience with other Muslim-majority groups, such as Palestinians, who continue to face the challenges of living in exile. Malaysia’s identity and foreign policy often frame refugees as a responsibility that should be shared regionally, rather than dealt with in isolation.
Conclusion
The rise of Malaysia’s refugee crisis underscores a larger regional issue. As a non-signatory of the 1951 Refugee Convention, Malaysia faces competing international and domestic pressures. On the one hand, the government’s refusal to fully embrace international human rights standards limits its ability to act. On the other hand, the rising refugee population and long-term difficulties in managing asylum seekers create a volatile dynamic, which could escalate into both a humanitarian and national security issue. Moving forward, Malaysia will need to balance the interests of its citizens, the international community, and its long-standing position on refugee non-intervention.
Key Recommendations:
(1) Strengthen the legal framework for managing refugees by initiating domestic legislation that clarifies the status of refugees in Malaysia and provides a sustainable solution for their integration.
(2) Improve cooperation with international organizations, such as the UNHCR, to ensure better access to humanitarian assistance and refugee processing, while working towards a solution for resettlement.
(3) Engage with ASEAN and the international community to build a multilateral solution to address the regional refugee crisis, focusing on responsibility-sharing mechanisms and mutual support for host countries.
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