LCA and Malaysian Bar express concerns about refugee agreement with Malaysia

13/05/2011

The Law Council of Australia is concerned with the implications of the recently announced agreement between the Commonwealth Government and Malaysia to exchange asylum seekers for refugees. Law Council of Australia President Alexander Ward said "the Law Council has significant concerns in relation to how this agreement will be managed and how the human rights of asylum seekers and refugees will be protected". Malaysia is not a State Party to the United Nations Convention (Convention) relating to the Status of Refugees, a Convention to which Australia is a party and therefore obligated by its Protocols.

The Malaysian Bar has also issued a media release, rebuking the agreement. Bar President Lim Chee Wee said: "Through this deal, Australia is consigning 800 people to a life of uncertainty and probable suffering, given that Malaysia is not a State Party to that Convention.� Indeed, Malaysian law does not even recognise the concept of asylum seekers or refugees.� Instead, it treats all undocumented persons as “illegal immigrants”, and subjects them to imprisonment and whipping."

**13 May 2011 **