FACULTY OF COMMUNICATION AND MEDIA

STUDIES

CMP500

Communication Management and Policy

Report

National Security Policy

Immigration Act 1959/63

Illegal Immigrants and Refugees

Prepared by:

Nurliyana Asmira Amran (2020952419)

Prepared for:

Dr. Yuslinda bt Mat Yassin

Contents
1.0 Introduction

2.0 Illegal Immigrants and Refugees in Malaysia

2.1 National Security Policy – 4.1.3 Illegal Immigrants and Refugees Immigration Act
1959/63

3.0 Immigrants, Refugees and Citizenship Canada (IRCC)

3.1 Immigration and Refugees Protection Act

4.0 Arguments and Comparisons

5.0 Ways to improve the policy

6.0 Conclusion

References
1.0 Introduction

The word of policy has wide range of definition. The term policy refers to a strategy
or set of actions that a person or group follows in dealing with a problem. Public policy is a
set of rules and regulations which are used to address any issue of public concern (Kilpatrick,
2012). Policies influence practically all aspects of our life, whether they be economic, social
or cultural. Our economic well-being is mostly influenced by government fiscal and
monetary policies, while public policy on a variety of problems, from health care, education,
welfare or the legal system, affects us socially directly or indirectly. Culturally too, public
politics, such as working time, national holidays or ethnic concerns are influencing our lives.

Why implementing policies in a country is important? Policies give guidance,

coherence, responsibility, efficiency and clarity about how country should do. Policies outline
an organization's aims and give direction on how objectives might be achieved. The policy
covers whether government, business, professionals or volunteers, the intention of the
organisation. By influencing the decisions that are made, policy aims to impact the "actual"
world. It means for implementing, fulfilling, producing, and competing. Often there are no
detailed implementing plans which identify people, activities and expected results. Formal as
well as informal parties, including lawmakers, judges, administrative offices, press groups,
communities and even individuals, will be enabled to implement them.

The National Security Policy (NSP) is the main policy for addressing the different
increasingly dynamic and complex security threats. The NSP will guarantee that national key
values are protected through the execution of these basic tactics in order to protect Malaysia
from any sort of attack, both physical, and non-physical, that might affect and corrupt
people's minds. This involves interfering in the administration and internal affairs of the
country by outside authorities. A coordinating committee, headed by the Director-General for
National Security, at ministerial, departmental and agency levels to ensure the success of the
strategies embodied in the NSP, would oversee and examine the execution of the NSP every
three (3) years (National Security Policy, 2019a).

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2.0 Illegal Immigrants and Refugees in Malaysia

In global context, there are differences on how a person can be identified as illegal
immigrants and refugees. According to World Economic Forum, people who cross the
country border without proper documentation and against the rule of the country they are
entering can be clarified as illegal immigrants (What Makes Someone an “Illegal
Immigrant”? 2019). Not that a person may have been delayed in some countries because of
an expired visa. But refugees can then be described as someone who comes in a war-like
country like Bosnia, an economy like Venezuela that has failed or even an ethnic genocide
like Rohingya in Myanmar.

Illegal immigrants and refugees are not something unfamiliar in Malaysia as we have
seen them around. Over the past three decades, the persecution of the Rohingya has forced
hundreds of thousands of people to flee to various countries while illegal immigrants come to
Malaysia due to wage difference, poverty, unemployment, social networks and demand of the
government of Malaysia itself. Table 1 below has showed number of immigrants in Malaysia
from 2005 to 2019 which as we can see it is realistically increasing every 5 years.

https://www.statista.com/statistics/697812/malaysia-number-of-immigrants/

Table 1: Immigrants in Malaysia from 2005-2019

Uncontrollable number of illegal immigrants and refugees that enter Malaysia not
only become a major issue but it is also became a threat to Malaysia security. The rationale is
simple: citizens of other countries cannot live in Malaysia without a legal visa or work
permit. The danger is revealed when millions of unregistered aliens hit the country. They can

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break the law without punishment. Given the safety risks from today's terrorism, it is an
urgent need to identify everyone in the country. Syria and Libya are prime examples of where
all Jihadists can result in impunity, take away and kill in impunity, and steal national

resources from impunity (Illegal Workers a Threat to Security, 2016). It also can be a
challenge our country to track them down as there are many rat trails in Malaysia and
targeted hotspot area for them to smuggled in is Selangor, Kelantan and Kedah that can be
their temporary hideouts (Nagalan,2020).

Most heart breaking is when there are unethical people who uses these illegal
immigrants and refugees that do not have proper documentation violate their rights as a
human who is lost and scared. They use the weakness in the immigrants to recruit them to
work in various field especially in constructions, palm oil sector or low skilled job that
Malaysian hardly want to work at. They are surely grab whatever chance they have in order
to survive and seek protection though there are people uses money as a bait for those who are
desperate.

Since it is undocumented, immigrants and refugees are most likely easy to deceived
by the employee. The exploitation of illegal immigrants is real where they are forced to do
hard labour. These illegal actions not only done by the employee but it is also done by
recruitment agency that offer foreign worker to Malaysia job such as security guard, maid,
cleaner and so on. What even worse is that, there are certain agent offers fake ID and
documentation to them. The manipulation not only involves the individual but it is also
involving the person who take foreign worker from the agency.

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2.1 National Security Policy – 4.1.3 Illegal Immigrants and Refugees &
Immigration Act 1959/63
Malaysia is a multiracial country that has a governance structure with
constitutional monarchy based on parliamentary democracy. The nation builds
on its people's integration, territorial integrity, stable governance, sovereignty
and world recognition. It is the government's responsibility to provide constant
protection and maintenance of sovereignty and national security.

National Security Policy (NSP) is comprehensive national safety

policy or basis for the conservation, protection and defence of the national
core values that would assure Malaysia's existence as an independent,
peaceful, secure and sovereign nation. The national security of Malaysia here
refers to a state free of any threat, internally or internationally, to its essential
principles (National Security Policy, 2019).

In Malaysia National Security Policy, it mentions about illegal

immigrants and refugees at 4.1.3

Photo 1: Illegal Immigrants and Refugees

From the statement that made in National Security Policy, we need to

understands that illegal immigrants and refugees can be a threat to our country
security and peace despites it also gives negative impact to the social,
economic growth, politics and criminal.

Malaysia has established an act for illegal immigrants which it falls

under Immigration Act 1959/63. Section 8 mentioned specifically about
prohibited immigrants. It mentions on any person defined in subsection (3)
and is not a citizen is prohibited immigrants. Which the prohibited
immigrants can be clarified as below:

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 Photo 2: Immigration Act 1959/63 Section 8 Subsection 3

Photo 1 explained enough on National Security Policy for illegal immigrants and
refugees highlights on these illegal immigrations and refugees can give negative impacts on
our country. National Security Policy has been implement and efforts has carried out by
government in order to control illegal immigrants and refugees in Malaysia.

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3.0 Immigrants, Refugees and Citizenship Canada (IRCC)
In Canada, immigrants have been a value for the country especially in economic and
cultural growth. Canada has been an upper choice for immigrants to comes because the
country itself welcoming those immigrants. The policies itself shows that Canada really
treasure those who comes to their country. In general, Canadians see immigrants as well as
the immigration system in their countries more favourably than they see in the US. This is
partly because of attempts by the Canadian government to encourage a multiculturalism
policy and to incorporate diversity into the domestic identity.

The Department of Immigration, Refugees and Citizenship Canada offers protection

to refugee claimants. IRCC also develops and enforces Canada admissibility policy. The
federal government enforces various immigration laws which is under IRCC and Canada
Border Agency Services (CBSA). CBSA are responsible for enforcing some immigration
laws where CBSA officers work at airports and other facilities that handle international
travel. Same as Malaysia, there are certain circumstances that allowed border officer to refuse
a person admissible so it is a must to obtain a visa before entering any country.

There are statistics shows that refugees claims are in total for 59,148 intakes but total
finalized for refugee’s claim are about 38,438 while 20,710 are still in pending status due to
certain clarifications whether the claimant seeks for protection and if claimants meet the
United Nation definition of Convection refugee. The statistics are collected from 2017 to
2021.

Table 2: Statistics on refugee claims from 2017-2021

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3.1 Immigration and Refugees Protection Act
This act has 2 different objectives which is for immigrants and refugees. The
act enabling Canada to maximise the benefits of immigration on social, cultural and
economic matters. It is also to enhance Canadian society's social and cultural
structures while respecting Canada's federal, multilingual and multicultural nature.
Hence, Canada aims to promote and encourage the growth in Canada of minority
communities of official languages also encourage the establishment of a robust and
thriving Canadian economy where immigration advantages are shared across Canada's
regions.

As for refugee, Canada strives to save lives and defend displaced persons and
persecuted people. It complies with Canada's international legal duties with regard to
refugees and underline Canada's international commitment to supporting individuals
in need of refugee resettlement. A key representation of the humanitarian principles of
Canada, fair treatment for people who claim to be persecuted in Canada. Canada also
wants to promote international justice and security by refusing anyone, particularly
refugee claimants, safety hazards or severe offenders, entrance to the Canadian
territory.

Therefore, Canada have amended an act under Part 2-Refugee Protection,

Division 1 97(1)(a) and (b) explained that what makes a person can be identified ad
person in need of protection (Immigration and Refugee Protection Act, n.d.)

Photo 3: Part 2-Refugee Protection

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 As we can see, Canada believes immigrants and refugees brings good to the
country. Instead of sent them back for detention or deport, they taken few matters to
acknowledge them as immigrants and refugees.

4.0 Arguments and Comparisons

We must know that how each country views on immigrants and refugees are different.
Some country might welcome them but some are not. That is due to policies of every country
had is different and they need to take consideration of its society safety, political stability also
economic growth to ensure it does not give a threat to a country security itself. There a huge
difference on how Malaysia and Canada policy on immigrants and refugees.

First of all, there are many debates on whether Malaysia should or should not sign
Refugee Convention. Malaysia did not wish to sign on United Nation Convention on refugees
and migrant rights because country have been tolerating with them for a long time. UNCHR
state that Malaysia did not have any proper asylum system to regulate their status and rights
as a refugee. The fact we know our policies stated very clear that refugees are still known as
illegal immigrants but still open the door to them.

Malaysia effort on initiating 6P Program in 2011 has legalize as much as 2 million

illegal immigrants who is working in our country up till 2015, the government declare no
more amnesty program. But until then, there are still many of illegal immigrants lingering
around in our country. Currently, government has announced Labour Recalibration Program
as part of Illegal Immigrants Recalibration Plan that allow illegal immigrants to return to their
country under Return Calibration Program but it focuses illegal immigrants mainly on
plantation constructions, agriculture and manufacturing (Harun, 2021).

It is been a crucial situation for Malaysia border because there are still loopholes that
these illegal immigrants manage to find a way in. It occurs at a border that do not have strict
supervision. For example, rat routes of the 2 border which is Kelantan and Golok River is
famous and has been a choice for people to smuggled in good and even immigrants (Malay
Mail, n.d.). Even though it is a hotspot, immigrants manage to smuggled in so we know that
control over Malaysia border that connected with other country has weakness.

But it is different case for Canada where they are welcoming those refugees to come
to their country. Canada has signed the United Nation Convention on 4 June 1969 that

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relating to Status of Refugees. Canada has better implementation where they have Refugee
and Humanitarian Resettlement Program and In-Canada Asylum Program. Both programs
aim to give protection to refugees and giving them a chance to restart their lives. Canada
government also offer help for refugees to settle down with giving income supports up to one
year until they can support themselves (Immigration, n.d.-a).

Furthermore, Canada aims to increase their permanent residence and announced

2021-2023 Immigration Plan which involved refugees. Canada maintains a high immigration
level to compensate its ageing population and low fertility rates for the negative economic
and budgetary consequences. With about 18% of the people aged sixty-five or over, Canada
has one of the world's largest populations. It has one of the lowest anniversaries per woman
in the world at 1.47 births. Canada will therefore confront problems to build its economy and
fund public expenditures in future. The welcome of additional immigrants to promote labour
and economic growth might relieve these issues (El-Assal, 2020).

Canada also initiates a global campaign called as “It Takes a Community”. Canada
emphasises the numerous beneficial ways immigration may influence local communities.
This campaign aims to recalls on individuals of all kind, especially immigrants and refugees,
to present genuine and positive tales about how they strive to develop their communities, and
this movement draws together voices from various sectors, and is regarded as a global
movement. The campaign aims to challenge the disinformation and anti-immigrant attitude,
fight against discrimination, hate speech and xenophobia around the world, recognising how
everyone can contribute to improving their community no matter where they were born
(Miekus, 2021).

5.0 Ways to improve the policy

Although government has tried the best that they can to help illegal immigrants and
refugees throughout various program, still the policy needs to be improved. It is because
illegal immigrants and refugees are still considered as human. Malaysia needs to start
registering in the nation all migrants. Since all country had hit by Covid-19 pandemic, it is
important for Malaysia to gain cooperation for undocumented immigrants and refugees in
order to contain Covid-19 because they have no access to healthcare and social welfare
services. Undocumented immigrants will make it Malaysia harder to track down the cluster.

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 Malaysia in need of proactive and human right based solution for refugees. Since
refugees are declared as illegal immigrants, it is supposing to make them feel unsafe and
scared. It is important to established a proper and strong policy and law on immigrants and
refugees because they are lack of access to fundamental needs including medical and
educational treatment. Undocumented persons and their family members have frequently
limited access to these basic needs because of inconsistent policies in different government
ministry (The Malaysian Journal on Human Rights Vol. 6, 2012). Relevant ministry
department could been part of the initiative to come up with more proactive solutions instead
of having uncertainty policies and law on how a country should handle immigrants and
refugees.

Malaysia could help on giving solution to the illegal immigrants and refugees instead
of deport back to their country, our country can help them to have resettlement on another
country. This can be a best way for our country to help and it is durable solution that left for
illegal immigrants and refugees with granting them permanent residence to country that they
are residing. It helps both the relocated refugee and the recipient nation to achieve good
reception and integration. Governments and NGO partners provide integration-enabling
services, such as cultural orientation, language and vocational formation, and education and
employment promotion activities (United Nations High Commissioner for Refugees, n.d.-a).

6.0 Conclusion
There are several variables affecting the refugee crisis in Malaysia. It is impacted by
situations in the homeland which drove individuals, despite the numerous uncertainties
associated with it, to leave their homes and go to another Country. Population growth is over
and above the rate of job creation in many underdeveloped nations. Intra-political, ethnic and
religious unrest reduces much of them to refugee status and shelters in safer, more wealthier
nations.

The Malaysian government is showing leadership in refugee issues in the area by

acknowledging the actions and recommendations of numerous organisations and taking an
active part in their implementation. In order to interact closely with the key ministries,
including the Ministry for Home Affairs, Minister of Foreign Affairs, Ministry of Education
and the Ministry of Health a dedicated organisation specialising in matters connected to
refugees and asylum seekers, is vital.

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