Top-level officials from the United Nations High Commissioner for Refugees (UNHCR) headquarters in Geneva failed to secure any concrete commitment from the government not to deport a group of Acehnese asylum seekers despite intense negotiations in Kuala Lumpur since yesterday.

UNHCR director of International Protection Erika Feller said the delegation did not obtain an assurance from the government that there would be a moratorium on deportations.

" (However) I believe that there are things still to discuss before these people leave the custody of Malaysia and leave, therefore, the custody of UNHCR.

"We hope that we can interpret that nobody will be deported until these discussions are concluded," she said during a press conference at the agency's Kuala Lumpur office.

Feller arrived from Geneva on Wednesday accompanied by UNHCR Asia-Pacific director Jean-Marie Fakhouri and Executive Assistant of the International Protection Division John Hoisaeter. They were also joined by UNHCR regional representative Robert Ashe who is based in Jakarta.

Since yesterday morning, the officials have met with Foreign Minister Syed Hamid Albar, Deputy Home Minister Zainal Abidin Zin and other key enforcement officials.

Not resolved

Feller she said the problems faced by the UNHCR were by no means resolved during the discussions.

"I cannot say we have agreed on how it would be best to resolve the problem but I can say that there is a willingness on both sides to explore the possibilities further," she said.

The UNHCR official also said the authorities did not give any assurance that they would not obstruct asylum seekers from approaching the agency.

After meeting the UNHCR delegation, Syed Hamid said Malaysia will not grant political asylum to the asylum seekers and that they could still be deported back to Indonesia.

The UN delegation was despatched by UNHCR High Commissioner Ruud Lubbers following the arrest of 288 mainly Acehnese asylum seekers on Aug 19 and Aug 26.

Although an appeal was issued by Lubbers last week for a freeze on deportations, the government proceeded to deport 73 persons back to their home countries.

Access woes

Another problem faced by the Kuala Lumpur UNHCR office was the presence of police outside its compound for several days following the initial arrests to discourage other asylum seekers.

Feller said one of three issues raised during the various meetings was over the lack of access by the agency to potential asylum seekers, including those presently in detention.

The two other areas of concern that were discussed included the government's expressed intention to deport the individuals and the detention environment of the asylum seekers.

"We were worried when we were given to understand that not only would they be in detention but more than likely returned to Aceh.

"Our concern was that these people may well be put in jeopardy by being returned to a conflict situation," she said.

International law

Feller noted that although Malaysia is not a party to the1951 United Nations Refugee Convention, the country is still party to a number of other human rights instruments which obliges minimum treatment standards for asylum seekers.

"A number of protection provisions are not only in the1951 convention but they are general principles of international law.

"The most obvious one is that people should not be sent back to a place where their life and security would be in danger. In our understanding, that principle is part of customary international law which doesn't require signature of a particular convention to be in operation," she said.

On the fate of the remaining asylum seekers, Feller said negotiations with the government would continue with the objective of seeking a humanitarian solution to their plight as detained persons before more permanent arrangements could be worked out.

"We are prepared to look at a range of solutions. These might include resettlement to a third country for those who need it. The solutions might also include voluntary repatriation when circumstances so permits," she said.

The UNHCR delegation also met with UN special envoy for Burma Razali Ismail before their departure from Kuala Lumpur later today.

Boat people camps

Malaysia's policy gained controversy once again with the August arrests, the biggest one of its kind in recent years.

The arrests caught the asylum seekers and the UNHCR by surprise since Malaysia had for years been quietly tolerant of tens of thousands of asylum seekers from Aceh, Burma and southern Philippines who claim to have fled from political instability in their home countries.

The government, however, had openly and repeatedly insisted that it does not recognise political refugees.

The last official refugee programme that Malaysia participated started in the 1970s involving the temporary settlement of up to 500,000 Vietnamese boat people in camps across the country while they awaited resettlement abroad.

The last camp was closed in 1996, and the remaining asylum seekers repatriated back to Vietnam following the opening up of the country.