Statelessness Working Paper Series No. 2016/07 from Thailand. They were deported to Thailand predominantly because they were unlikely to be accepted for resettlement by third countries. 7 On the other hand, Indochinese Muslims have resettled in Malaysia and have been accorded permanent residence with view of total assimilation in Malaysia.8 This is due to the fact that the Indochinese Muslims had religious and cultural values similar to the local Malay community. The Acehnese from northwest Sumatra began arriving in Malaysia in the late 1970s after war broke out between the Indonesian Government and the Free Aceh Movement (GAM). The Malaysian government acknowledged their persecution and allowed them to stay. The economic crisis of 1997-98, however, forced the Malaysian government to deport the Acehnese who were seen as illegal immigrants.9 The policies enforced against illegal migrants in 2002 saw further deportations of the Acehnese back to Aceh and Sumatra. This however did not deter Acehnese from fleeing to Malaysia in 2003, due to the military operations conducted by the Indonesian government. 10 Hostilities ceased in 2005 and the Malaysian government issued between 32,000-35,000 IMM13 documents. The policy was seen as a humanitarian gesture on the part of the Malaysian government following the devastation faced by this population due to the Tsunami of 2004 and cessation of hostilities in Aceh.11 This would be an example of how legal status in Malaysia can be granted to persons who were originally asylum seekers but eventually irregular migrants once hostilities have ended. Other examples of asylum seekers, such as Sri Lankans, Iranians, Chinese, Poles and South Africans, are dealt with on an ad hoc basis.12 Extensions for visas and/or temporary refugee status were allowed, especially where there was hope for resettlement. In the 1990s, approximately 360 Bosnian refugees were given temporary refuge in Malaysia and were either resettled or repatriated at the end of the conflict in Bosnia and Herzegovina between Serbian forces on one side and Bosniak and Croat forces on the other.13 Somalis, Iraqis, Afghans, and Palestinians have also been arriving into the country more recently. These populations are also refugee populations with the exception of the Palestinians who are considered to be both de jure stateless refugees. Since there are no specific laws that deal with statelessness in Malaysia, persons classified as stateless by virtue of the 1954 Convention are at risk of arrest and detention under immigration laws if they are in the country without documents such as a birth certificate, identity card, or passport. They are treated in the same way as irregular immigrants, and can be detained for indefinite lengths of time under Malaysian law. In countries such as Malaysia, where refugees and stateless persons are without clear legal status, UNHCR assists in their plight. 7 Ibid. p 117 A. Idris, ‘Malaysia and Forced Migration’ (2012) 20(1) Intellectual Discourse, p 43. 9 T. Fuller, ‘Indonesians in Malaysia Return Home as Suspects,’ The New York Times, 28 April 1998 http://www.nytimes.com/1998/04/28/news/28iht-deport.t.html 10 Amarjit Kaur, ‘Refugees and Refugee Policy in Malaysia’, p 88. 11 Ibid. p 88 12 V. Muntarbhorn, The Status of Refugees in Asia, Clarendon Press Oxford, England, 1992, p 116. 13 A. Khoo, Developing a Comprehensive Policy Framework For Refugees and Asylum Seekers in Malaysia, Refugee Workshop, Kuala Lumpur, 2010, p 1. 8 2

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