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REFUGEECHILDREN UNDERTHE MALAYSIAN

LEGALFRAMEWORK

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In an ideal setting..

No detention

Application forrefugee status will

be processed withappeal opprtunity

Once recognised asrefugees will betreated withoutdiscrimination

Issued withpaperwork on

identity, enjoy thefreedom of

movement, equaltreatment as

nationals of thereceiving country.

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AGENDA

WHO?

WHAT?

HOW?WHY?

WHAT?

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WHO?

persons who: owing to awell founded fear of beingpersecuted either becauseof race, religion,

nationality, membership ofa particular social group,political opinion, areoutside the country ofnationality or formerhabitual residence and areunable to or unwilling toavail themselves to theprotection of the country

of nationality or unable toor unwilling to return tohis country of residence

...below the age of eighteenyears unless under the lawapplicable to the child,majority is attained earlier

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WHAT?

INTERNATIONALLAW

1951 CONVENTIONRELATING TO THE

STATUS OFREFUGEE (CRSR)

UNITED NATIONSCONVENTION ON

THE RIGHTS OFTHE CHILD(UNCRC)

THE BANGKOKPRINCIPLES

(AALCO)

GENERAL

CONCLUSIONS OFCRC

GENERALCONCLUSIONS OF

EXCOM OFUNHCR

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HOW?

Indochinese Refugees- massiveinflux, temporary refuge,

resettlement, scum, UNHCR camp

(education, training, orientation)push back, local resentment

Filipinos- resettlement camp (notrestricted), generously accepted,PR status, right to work, IMM13

special pass, local resentment

Achehnese-suspected group, source ofcontroversy, subject to arrest, detention

and deportation, X education, X work,illegal economic immigrant.

Myanmar/ Burma- precariousexistence, detention, awful condition,in the jungle, constant fear of raids, X

access to education & healthcare,IMM13 special pass not implemented

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HOW?

NON-REFOULEMENT

BEST INTERESTS OF THECHILD

ABUSE ANDEXPLOITATION

HUMAN TRAFFICKING

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HOW?

Criminal

Threat tosecurity

Not as childrenfirst

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WHY?

REJECTIONOF THECRSR

UNCRC NOTFULLY

ADOPTED

DOUBLESTANDARD

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WHY?

NOEXPRESS

LAW

RELIANCEON

POLICIES

FAILURE TORECOGNISE

UNHCR

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WHY

FEDERALCONSTITUTION

IMMIGRATIONACT 1959/1963

CHILD ACT 2001

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WHAT NEXT?

IMMEDIATE

EXEMPTION UNDER IMMIGRATION ACT1959/ 1963

REGISTRATION

FULL COOPERATION WITH UNHCR

ENJOYMANT OF BASIC RIGHTS:EDUCATION, HEALTHCARE

LONG TERM

SPECIFIC LAW

DETERMINATION MECHANISM

DURABLE SOLUTION BASED ON BIC

TREATMENT IN ACCORDANCE WITH THEUNCRC

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WHAT NEXT?

CHILD

COMMISSIONER

PUT CHILDREN

AGENDA ON TOP

CHILDREN ASCHILDRENPRINCIPLES OF

HUMAN RIGHTS

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THANK YOU FOR YOUR ATTENTION