Why do refugees face arrest and exploitation risks in a legal grey area?

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Refugees Face Arrest and Exploitation Risks Due to Lack of Formal Legal Status in Malaysia

Refugees in Malaysia are vulnerable to arrest and exploitation because the country is not a signatory to the 1951 Refugee Convention, and consequently, refugees lack a codified legal status under domestic law. This absence of clear policy and legal standing places many refugees in a precarious "legal grey area," where their presence is tolerated on humanitarian grounds but they remain susceptible to detention, exploitation, and limited access to essential services. This situation creates significant uncertainty for government agencies, refugees themselves, employers, civil society organisations, and the communities hosting them.
Absence of a Formal Refugee Policy

Malaysia's status as a non-party to the 1951 Refugee Convention means there is no overarching national refugee policy that comprehensively defines the rights, responsibilities, and legal standing of refugees. This institutional gap leads to an ad hoc approach to refugee management, contributing to the lack of a codified legal framework for refugees within domestic legislation. Without this foundational policy, differentiating between refugees, asylum seekers, and irregular migrants becomes challenging, impacting the clarity of protection measures available.
Living in a Legal Grey Area

The lack of formal legal status forces many refugees into a "legal grey area." While they may be tolerated by authorities on humanitarian grounds, this tolerance does not equate to legal protection. Consequently, refugees are at risk of arrest by immigration enforcement, face potential exploitation by employers or others due to their precarious situation, and are largely confined to informal employment sectors. Their access to formal services, such as healthcare and education, is often limited and dependent on the goodwill of NGOs or specific programmes.
Direct Link Between Legal Ambiguity and Vulnerability

The absence of a defined legal status directly correlates with increased risks of arrest and exploitation. When individuals do not possess a clear legal identity or recognised rights, they become more susceptible to arbitrary detention and abuse. Employers may exploit their need for work by offering substandard wages or unsafe working conditions, knowing that refugees have limited recourse. Furthermore, the fear of arrest can deter refugees from reporting exploitation or seeking assistance, perpetuating a cycle of vulnerability.

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Why do refugees face arrest and exploitation risks in a legal grey area?

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