Policy Gaps and Prejudice: The Refugee Experience in Malaysia
- Safiyyah Mitha
- Oct 11
- 5 min read
Malaysia currently hosts nearly 200,260 registered refugees and asylum seekers under UNHCR, with thousands more unregistered. Of this population, 64% are men, 36% are women, and around 59,250 are children under 18. Yet despite their numbers, refugees remain legally invisible in Malaysia. Despite national leaders claiming that the country is constantly championing human rights, it remains a non-signatory to the 1951 Refugee Convention, a treaty defining who qualifies as a refugee, outlining their rights and the responsibilities of each host nation. Without this recognition, refugees in Malaysia remain highly vulnerable to detention, exploitation, and social exclusion.
International and national organisations, such as Amnesty International, SUHAKAM, and the United Nations, have repeatedly called on Malaysia to improve refugee protections, but systemic gaps remain. Therefore, this raises an important question: what is life really like for refugees in Malaysia today? From detention centers, to public prejudice, and a legal system that offers little protection, their reality is harsher than many realise.
Who Are Malaysia's Refugees?
Refugees in Malaysia come from a wide range of countries and circumstances, but they share one common train of thought: the search for safety. The largest group is the Rohingya (117,670), a stateless Muslim minority fleeing persecution in Myanmar. Other communities include those escaping conflict or instability in Syria, Yemen, Afghanistan, Pakistan, and Somalia. Many arrive through perilous journeys by land or sea, only to find themselves living in legal uncertainty once in Malaysia.
Because Malaysia has not ratified the 1951 Refugee Convention, refugees are not officially recognised in law. They are instead categorised as “illegal immigrants” under the Immigration Act, making them vulnerable to detention and deportation.
The Key Issues of Mistreatment: Detention & Deportation
Immigration raids frequently result in refugees being arrested and confined in overcrowded detention centres, many of whom have been widely criticised for depriving detainees of access to basic needs, sanitation and medical treatment. Reports also suggest that even children are not spared this inhumane treatment. Fortify Rights, an organisation investigating human rights abuses, interviewed detainees about their treatment in Malaysia. Amar, a 25-year-old Rohingya refugee, described verbal and xenophobic abuse while being strip-searched in Semenyih IDC in February 2025: “They told us to take off our clothes… I felt shame to see all my people treated like this. Then they told us to sit and said we were doing wrong things in their country. They called us animals, called us dogs.” Moreover, data from the Ministry of Home Affairs shows that between January and May 13, 2025, immigration authorities arrested 34,287 individuals, averaging to 7,800 arrests per month in the first four months of the year. These numbers highlight how Malaysia’s current approach treats refugees as criminals rather than vulnerable populations in need of protection, reinforcing the country’s policy gap on legal asylum recognition.
Since they are barred from formal employment, refugees are pushed into informal and unregulated work where many are underpaid, exposed to unsafe conditions, and left vulnerable to abuse with little legal recourse. “I know it’s illegal for a refugee to work in Malaysia. But I have no choice,” said Zabi, an Afghan refugee interviewed by Al-Jazeera news, working long hours in a Kuala Lumpur hotel for less than RM4 an hour. His story reflects the precarious existence of many refugees, who juggle multiple insecure jobs just to cover basic rent and food. At the root of this exploitation is the absence of legal recognition for refugees in Malaysia. Without the right to work formally, refugees are also denied consistent access to healthcare and education, leaving families struggling to meet even basic needs. While NGOs and UNHCR try to provide support, through specialised documentation, their resources are stretched thin. Until structural reforms are introduced, refugees in Malaysia remain trapped in a cycle of invisibility and exploitation in Malaysia.
What Progress Has Been Made on Refugee Rights in Malaysia?
In recent years, Malaysia’s refugee policies have been subject to growing scrutiny both domestically and internationally. In 2024, UNHCR proposed allowing refugees to work formally, arguing this would help ease labour shortages while reducing exploitation. Local outlets such as the New Straits Times highlighted how such reforms could fill gaps in sectors like construction and agriculture. Yet progress is nowhere to be seen. Moreover, despite government promises of immigration reform, including improvements to detention centres and protections for children, reports by Human Rights Watch in late 2024 found little evidence of meaningful change.
Meanwhile, crackdowns on refugees have continued. Raids targeting undocumented individuals remain common, with Rohingya communities particularly vulnerable to detention and deportation. Officials continue to resist ratifying the 1951 Refugee Convention, citing concerns about sovereignty and national security. This hesitation keeps refugees in a legal grey area, leaving them dependent on limited UNHCR cards for temporary protection.
The treatment of refugees in Malaysia is not only a question of human rights but also of the country’s global image and credibility. Refugees contribute to the economy by filling critical labour shortages, yet they remain unprotected and marginalised.
Until Malaysia fulfills the gap between its dependence on refugees and the protection of their rights, the mistreatment of these communities will remain an unresolved dispute within society. One must ask: whose human rights is Malaysia truly fighting for if those most vulnerable remain unprotected? Around the world, xenophobia and mistreatment towards refugees is surging, and Malaysia is no exception. It’s time to challenge these attitudes and ensure justice, protection, and humanity are extended to all, not just the privileged few.
Writer's Notes:
I wrote this piece after noticing how little public attention is given to refugees in Malaysia, even as displacement has been on the rise globally in recent years. Learning about their daily struggles, from detention, to discrimination, and living without legal recognition or rights, deeply moved me, and I wanted to highlight the human stories behind all the statistics. Researching this topic has also opened my eyes to the growing xenophobia towards refugees worldwide, as shown in the anti-immigration protests that occurred in several nations this month. I hope readers feel inspired to consider how we all can play a part in creating a more compassionate and just society.
Writer's Biography:
Safiyyah is currently a Foundation Programme student at the University of Nottingham Malaysia, where she has lived since 2018 after moving from the UK and Qatar. With a strong interest in politics and advocacy, she plans to pursue International Relations for her undergraduate degree. Beyond academics, she loves watching movies (especially at the cinemas), funny internet content, and spending time with family and friends.
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