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Malaysia is legally obligated to rescue stranded Rohingya refugees

The Rohingya adrift at sea are facing dire situations. (Pic from Free Malaysia Today)

The Rohingya adrift at sea are facing dire situations. (Pic from Free Malaysia Today)

Malaysia’s role in the United Nations Security Council (UNSC) obligates the nation to accept the stranded Rohingya refugees and not leave them to die, a DAP lawmaker today said.

Klang MP Charles Santiago in a statement said as part of the UNSC, Malaysia is compelled to uphold the Responsibility to Protect (RtoP) through Resolution 1674 (Para 139).

“According to these rules, it’s mandatory that we accept all Rohingya refugees and not just the ones who are facing imminent death at sea, as this is mandatory under the international law of non-refoulement.

“This law dictates that no country should return refugees to places where they are persecuted or subjected to danger,” he said.

Charles was responding to the brewing ASEAN humanitarian crisis involving some thousands of Rohingya refugees stranded at sea.

Last week, it was reported that the Malaysian Maritime Enforcement Agency will be shutting our doors to refugees, as Malaysia does not recognise refugee and classifies them as illegal immigrants.

The Malaysian authorities’ response has sparked outcry among Malaysians and international human rights watch groups as reports emerge of the refugees in dire situations, starving and drinking their own urine to survive. At least 10 refugees have also been reported to have died on the boats, which were pushed back by Malaysian, Indonesian and Thai authorities.

The Rohingya are one of the most persecuted minorities in the world, and have been seeking refuge outside their Buddhist-majority home of Burma, for decades.

“There is a legal obligation, under the international maritime law, to rescue people in distress at sea, if the rescuing country does not put itself in imminent danger by doing so,” said Santiago.

He rapped Malaysia for “craftily” interpreting distress as sinking boats and drowning people, before it jumps in to offer aid.

“It cannot get any worse than this, with the exception of dead bodies reaching our shores,” he said.

He added that Malaysia has a duty and obligation to rescue these women and children, too, as it has ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and also the Child Rights Convention (CRC).

He continued to call the Malaysian government to lend aid to the refugees and rescue them from certain death.

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