The United Nations should not be too quick to blame Malaysia for its decision to repatriate Myanmar nationals.
At the heart of the debate is a basic question, what legal obligation does Malaysia actually have towards Rohingya refugees?
Malaysia is not a party to the 1951 Refugee Convention or the 1967 Protocol. Therefore, Malaysia has never formally recognised the Rohingya as refugees under its domestic legal framework.
Their refugee status is instead recognised by the United Nations High Commissioner for Refugees (UNHCR). That distinction matters.
Malaysia may choose to provide humanitarian assistance, but that does not necessarily mean the country has accepted a permanent legal responsibility to accommodate everyone who enters its territory under the label of refugee.
Many Rohingya have been allowed to remain in Malaysia, establish families and build lives within local communities. At the same time, Malaysian authorities have also dealt with cases involving Rohingya individuals detained for alleged criminal offences.
There is also an economic dimension that deserves attention.
Concerns have been raised over Rohingya individuals allegedly operating businesses without the necessary permits. If true, this can create an uneven playing field for local small traders and hawkers who are required to comply with licensing and other regulations.
The issue, therefore, is not simply whether Malaysia is being compassionate enough. It is also about immigration enforcement, economic regulation and national sovereignty.
But Are They Really "Humanitarian Refugees"?
The Rohingya crisis is rooted in persecution and displacement from Myanmar. But does that automatically mean every Rohingya who subsequently arrives in Malaysia should be viewed solely through the lens of humanitarian protection?
Many initially fled to Cox's Bazar, Bangladesh, where large refugee settlements were established. If someone has already reached a place of refuge and then continues to another country, the reasons behind that second movement should also be examined.
This was one of the points raised by Sophian Mohd Zain, an activist who first raised concerns about this issue more than a decade ago.
Sophian argued that describing all Rohingya in Malaysia as “humanitarian refugees” could oversimplify their migration journey.
In his view, some may have moved onwards from Cox's Bazar not only for safety, but also in search of better economic opportunities and living conditions.
That does not describe every individual. But it is an argument worth considering.
Ultimately, the Rohingya debate is not simply about whether Malaysia is compassionate enough.
It is about how Malaysia balances humanitarian responsibility with national sovereignty, immigration enforcement and the interests of local communities.
Those considerations should be part of the same conversation.
Azzman Mantoya (azzman.tvpertiwi@gmail.com) is a content creator under the Newswav Creator programme, where you get to express yourself, be a citizen journalist, and at the same time monetize your content & reach millions of users on Newswav. Log in to creator.newswav.com and become a Newswav Creator now!
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