The recent statement made by the Home Affairs Minister Radzi Sheikh Ahmad in respect of the role of UNHCR is a cause for great concern.

It reflects too clearly the Malaysian government's lack of respect for human dignity and human rights. It is also demonstrative of the Malaysian government's lack of comprehension regarding her obligations vis--vis asylum seekers and/or refugees. What is not too clear is whether this ignorance is feigned or true.

For the benefit of the said home minister and the Malaysian public, refugees are - by their very definition - victims of persecution. They are victims of human rights violation caused by the failure of their own government to protect them.

Refugees therefore are people in need of humanitarian assistance and protection. It is for these reasons that international protection is afforded to refugees vide the United Nations Convention Relating to the Status of Refugees 1951 ("1951 Refugee Convention") and the 1967 Protocol pertaining to refugees ("1967 Protocol").

Unfortunately, Malaysia is one of the few remaining countries that has not ratified either the 1951 Refugee Convention or the 1967 Protocol. This, however, does not mean that the Malaysian government has no obligations to render assistance and protection to refugees.

The home minister must be mindful of the fact that Malaysia has signed and ratified the Convention on the Rights of the Child ("CRC") on Feb 17, 1995, whereby Article 22 of the CRC clearly and specifically requires state member to provide appropriate protection and humanitarian assistance to refugees.

The ratification and acceptance of the of the CRC, in particular the principles as stipulated in the said Article 22, can be seen as a conscious act and a positive assertion of the Malaysian government to the world at large that Malaysia does recognise the need to protect and render humanitarian assistance to refugees.

Further, it should be noted that Malaysia - being a member of the United Nations - did not object to the Declaration on Territorial Asylum, which stipulated the need to protect those who are seeking asylum, when it was adopted by the General Assembly of the United Nations on Dec 14, 1967.

Moreover, the Malaysian government has on previous occasions formally recognised and provided protection for refugee population since the 1970s, starting with the Vietnamese boat people and the Bosnians who found refuge in Malaysia during the Balkan conflict, not to mention refugees from the Philippines in Sabah, who have been in Malaysia for nearly 30 years.

In the refugee context, refugees at the very least should be protected from penalties for entering into the country of refuge without any valid transit documents. A refugee cannot be compared to an economic migrant who goes to another country to earn a better living than he could in his own country.

A refugee also cannot be compared to an undocumented immigrant i.e. someone who enters the country without a valid working, social or vacation permit and without persecution from his own government. This is because, often enough, refugees fleeing their country are not able to do so in convenient circumstances. They are desperate and must leave their country. Their failure to do so would result in either death or a long and painful incarceration.

Secondly, a refugee should be protected from deportation. The immediate concern of a refugee upon entering a foreign country is deportation or expulsion from the intended host country. Therefore, protection against deportation is necessary for preventing further human rights violations. Malaysia, in turning away or repatriating a refugee to his country of origin, would be an accessory to a human rights violation.

It is for these reasons that Malaysia has a moral and social, if not legal, obligation to render assistance and protection to refugees. However, as the Malaysian government has failed and is unable to live up to its obligations as a civilised nation, the office of the United Nations High Commissioner for Refugees ('UNHCR') has had to step into in order to ensure that the welfare and the well-being of refugees in Malaysia are protected.

When someone is undertaking responsibilities we have shunned, we should be grateful and offer our gratitude. It is therefore thoroughly unacceptable and unbecoming for the home minister to criticise the UNHCR office. Instead of criticising and hindering UNHCR's work, the Malaysian government should at least attempt to think and act like a developed country since it is supposed to be one in 13 years.

It should have started thinking on how best to protect refugees in accordance to international standards. Instead of criticising the role played by the UNHCR office, the home minster should be taking the trouble to appraise of himself of the obligations of state in the international realm and taking all necessary measures to ensure Malaysia's compliance with the same.