Are Burmese nationals holding demonstrations to get themselves arrested in a bid to have their resettlement to a third country expedited? At least certain quarters seem to think so.

However, the United Nations High Commissioner for Refugees (UNHCR) points out that the arrests are actually a setback.

"This does not expedite the resettlement because the third country does not want people who have done illegal things. So it actually complicates the process," said its head Volker Turk.

"If they are qualified refugees and there are qualified resettlement or resolution for them, it (the process) may become complicated once they are arrested," he added when met yesterday.

The question was posed to Turk in relation to the arrests of 182 Burmese nationals following two demonstrations outside their embassy in Kuala Lumpur since last month.

Following this, the leaders of the protesters have asked UNHCR to issue protection letters for those not recognised as refugees.

Some observers claim that they are doing this on purpose to attract the UNHCR's attention and have their resettlement expedited, leading Turk to describe it as a 'great misunderstanding' if this was the case.

However he did not rule out the possibility that some of the refugees and asylum seekers could have harboured such hidden motives.

"It is difficult to speculate. Some of them may have such motives for their political interest or other interests but I am sure there are many motives (involved)," he said.

"For us, the priority are those who are vulnerable and they are vulnerable because they are refugees, not because of they have done something in this country just to attract or pressure the UNHCR," he stressed.

However, Turk said so far none of the refugees and asylum seekers have taken advantage of their arrests to speed up resettlement.

He added that refugees, including those arrested before, have to undergo a lengthy interview process before being accepted by a third country.

Crackdown on illegal migrants

Commenting on the issue, a Burmese leader based in Malaysia claimed that his people prefer to be arrested during demonstrations instead of being picked up during the impending crackdown on illegal immigrants and be deported home.

"We would rather stay in the detention centre waiting for trial over unlawful assembly," he said when contacted.

Meanwhile, Turk also complained about the demonstrations as they caused problems to this country as well as for other refugees and asylum seekers.

He said the arrests cast 'prejudice and negative images' on other refugees and asylum seekers which the UNHCR would have to counter.

"It makes our life more difficult because we have to send officers there, cut in our resources and have to stop what we are doing and rush there to make sure things get done," he added.

The authorities continue to detain asylum seekers and refugees despite a government assurance earlier that they will be spared.

In an email communique, lawyer Amer Hamzah Arshad said refugees or asylum seekers are not immune from arrest and prosecution if they have committed any offence under Malaysian laws.

"Asylum seekers and refugees must respect the laws and regulations of the country of asylum. The 1951 UN Refugee Convention merely prohibits penalties being imposed on asylum seekers or refugees on account of their illegal entry or presence in a country, and that they should not be deported to their country of origin where they face persecution," he added.

In a related development, Turk said none of the 164 demonstrators, 30 of whom have refugee status, arrested on Jan 17 have been deported. They are being held at an immigration detention centre in Lenggeng, Negeri Sembilan.

The Attorney-General's Chamber has decided not to press charges against the group.

As for the 18 arrested in a demonstration last week, the UNHCR does not have any information on them.

According to the police, eight out of them were released last Friday but none of the group's leaders could be reached for verification.