GENEVA – 25 July 2011. UNHCR notes the signature today of a bilateral Arrangement between Australia and Malaysia on transfer and resettlement.
UNHCR is not a signatory to the Arrangement, however it appreciates that both Governments have consulted with the Office.
UNHCR’s preference has always been an arrangement which would enable all asylum-seekers arriving by boat into Australian territory to be processed in Australia. This would be consistent with general practice.
The current Arrangement worked out by both parties takes a different approach. It responds to the particular domestic and regional context of the asylum and migration situation in the Asia-Pacific region, which includes the need to address people smuggling challenges and, in particular, to prevent further loss of life at sea.
UNHCR hopes that the Arrangement will in time deliver protection dividends in both countries and the broader region. It also welcomes the fact that an additional 4000 refugees from Malaysia will obtain a durable solution through resettlement to Australia. The potential to work towards safe and humane options for people other than to use dangerous sea journeys are also positive features of this Arrangement. In addition, the Malaysian Government is in discussions with UNHCR on the registration of refugees and asylum-seekers under the planned Government programme announced in June on the registration of all migrant workers.
The Arrangement and its implementing guidelines contain important protection safeguards, including respect for the principle of non-refoulement; the right to asylum; the principle of family unity and best interests of the child; humane reception conditions including protection against arbitrary detention; lawful status to remain in Malaysia until a durable solution is found; and the ability to receive education, access to health care, and a right to employment.
The critical test of this Arrangement will now be in its implementation both in Australia and Malaysia, particularly the protection and vulnerability assessment procedures under which asylum-seekers will be assessed in Australia prior to any transfer taking place.
UNHCR will continue to monitor and review progress, remaining engaged with the parties to ensure the protection safeguards are implemented in practice as the two governments bring this Arrangement into effect.