The Malaysian Bar has called for a more humane and law-based approach towards refugees, urging Malaysians and policymakers to uphold human dignity and international legal principles rather than allow harmful rhetoric and hostility to shape public discourse.
In a statement marking World Refugee Day, Malaysian Bar President Anand Raj said the organisation stood in solidarity with refugees and the Human Rights Commission of Malaysia (SUHAKAM), while condemning what it described as dehumanising attacks against vulnerable communities.
The Malaysian Bar stressed that the principles of the rule of law and justice must apply to all individuals within Malaysia’s borders regardless of legal status.
The statement highlighted the plight of the Rohingya community, describing them as victims of persecution, statelessness and decades of human rights violations in Myanmar.
“The Rohingyas do not come to Malaysia by choice in the ordinary sense; they come because they have nowhere else to go, seeking temporary safety while durable solutions are pursued,” the Malaysian Bar said.
The organisation reiterated the importance of the principle of non-refoulement, which prohibits countries from returning individuals to places where they face serious risks to their lives, freedom or safety.
It said the principle has developed into customary international law and is binding on states, including Malaysia.
The Malaysian Bar noted that Malaysian courts, including the Federal Court, have recognised non-refoulement as a binding international legal obligation.
“Malaysia is exercising its State responsibility, and not doing charity, when it complies with this principle of customary international law,” the statement said.
The organisation warned that deporting refugees to countries where they face persecution, violence or serious harm would be inconsistent with Malaysia’s obligations under international law.
Concerns Over Refugee Registration System
The Malaysian Bar also raised concerns over the Government’s proposed Dokumen Pendaftaran Pelarian (DPP) or Refugee Registration Document initiative.
While acknowledging that formal documentation could be beneficial, the organisation expressed concern over statements indicating that the DPP would not guarantee permanent protection and could potentially lead to deportation.
The Malaysian Bar said any refugee registration mechanism should function as a humanitarian measure, with cooperation from the United Nations High Commissioner for Refugees (UNHCR), strong data protection safeguards and appropriate humanitarian protections.
It urged the Government to ensure that the system does not become a tool for surveillance or forced removal.
Calls for Legal and Policy Reform
The Malaysian Bar called on the Government to:
- Fully comply with the principle of non-refoulement and consider acceding to the 1951 Refugee Convention and its 1967 Protocol;
- Establish a clear and transparent asylum process under domestic law with access to legal representation;
- Strengthen the refugee registration system through humanitarian safeguards and UNHCR cooperation; and
- End arbitrary and prolonged detention of refugees, including women, children and families.
The organisation also stressed that isolated actions by individuals should not be used to stigmatise entire refugee communities.
“A more compassionate and humanitarian approach is required,” it said.
The Malaysian Bar concluded by urging Malaysia to prioritise humanity, justice and legal principles over fear-driven narratives.
“Malaysia must choose humanity over vitriol, law and justice over mob sentiment, and conscience and principle over convenience,” the statement said.
