Malaysia must urgently strike a balance between its domestic immigration policies and international humanitarian obligations in addressing the plight of Myanmar refugees, analysts say.
Universiti Utara Malaysia’s School of International Studies (Academic and International) deputy dean Dr Shazwanis Shukri said that while deporting the Rohingya — who make up the majority of Myanmar refugees in Malaysia — was not a viable option, the existing policy vacuum remained deeply concerning.
She said that refugees continued to be treated as undocumented migrants, leaving thousands in legal limbo and vulnerable to exploitation, detention, and abuse.
“The reality is that Malaysia has not ratified the 1951 Refugee Convention, and therefore does not formally recognise refugees within its legal framework.
“However, under customary international law, we are bound by the principle of non-refoulement — meaning we cannot return them to a country where they face persecution,” she told the New Straits Times.
Shazwanis said one practical approach would be to strengthen cooperation with the United Nations High Commissioner for Refugees (UNHCR) to register Rohingya asylum seekers and issue identification cards that provide limited protection from arrest or deportation.
However, she said that this informal arrangement had clear limitations, leaving many in prolonged uncertainty without access to legal employment, public education, or government healthcare services.
To address these gaps, she proposed the introduction of a temporary protection framework tailored for the Rohingya community, recognising their unique status as stateless individuals and victims of systematic ethnic persecution.
“This could include temporary residency rights, legal access to employment in specific sectors, and minimal access to essential services such as healthcare and education — ideally in partnership with NGOs and UN agencies,” she said.
Without such measures, Shazwanis said, Malaysia risked a cascade of humanitarian, legal, diplomatic, and security challenges.
Legally, the government’s current stance also contradicts its commitments under international conventions it has ratified, including the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
“There is also a growing security dimension to consider. Leaving a large population in limbo, with no legal status or livelihood options, creates opportunities for human trafficking, forced labour, and even recruitment into extremist networks,” she added.
She also urged a more active regional response through Asean, highlighting the absence of a formal refugee framework within the bloc.
Meanwhile, Nusantara Academy for Strategic Research senior fellow Dr Azmi Hassan said Malaysia should refrain from deporting Myanmar refugees, regardless of whether they are officially recognised by the UNHCR.
“This is not about interfering in Myanmar’s domestic affairs — it is a humanitarian matter. Deporting them now, under the current regime, risks exposing them to political persecution,” he said.
Azmi added that Malaysia had long accommodated not only Myanmar refugees but also undocumented migrants from other parts of the region, including Indonesia, despite lacking a formal refugee policy.
As Asean chair this year, he said Malaysia had a chance to demonstrate leadership through compassion.
“We must lead by example and show that we are capable of hosting the Rohingya, even if the Myanmar junta disapproves.
“Until Myanmar returns to civilian rule and upholds the Asean Five-Point Consensus, we must prioritise humanitarian values.”
On June 16, Myanmar refugees in Malaysia issued an emotional plea not to be deported, warning that returning to their homeland would expose them to grave risks and persecution.
