Case No
Country
Mandate(s)
Summary of the allegation transmitted
Reply
AUS 5/2011
26/08/2011 Australia
OL
Migrants;
Request for information on measures taken to ensure compliance with international human rights 14/10/2011
law in the implementation of bilateral agreements on off-shore processing of asylum claims.
According to the information received, an “Agreement between the Government of Australia and
the Government of Malaysia on Transfer and Resettlement” was signed in Kuala Lumpur on 25
July 2011. The Agreement reportedly provided for the transfer of certain persons seeking
international protection to Malaysia for refugee status determination, in exchange for the
Government of Australia accepting certain persons who have been determined to be refugees by
the United Nations High Commissioner for Refugees (UNHCR) in Malaysia. The letter seeks
information on measures that the Government had, or intended to take, in order to ensure that
adequate protection safeguards in line with Australia‟s obligations under international human
rights and refugee law are put in place. Further, information is requested on protection safeguards
related to specific vulnerable groups, including children and migrants who may have been
trafficked.
MYS 9/2011
26/08/2011 Malaysia
OL
Migrants;
Request for information on measures taken to ensure compliance with international human rights
law in the implementation of bilateral agreements on off-shore processing of asylum claims.
According to the information received, an “Agreement between the Government of Australia and
the Government of Malaysia on Transfer and Resettlement” was signed in Kuala Lumpur on 25
July 2011. The Agreement reportedly provided for the transfer of certain persons seeking
international protection to Malaysia for refugee status determination, in exchange for the
Government of Australia accepting certain persons who have been determined to be refugees by
the United Nations High Commissioner for Refugees (UNHCR) in Malaysia. The letter seeks
information on measures that the Government had, or intended to take, in order to ensure that
adequate protection safeguards in line with Malaysia‟s obligations under international human
rights and refugee law are put in place. Further, information is requested on protection safeguards
related to specific vulnerable groups, including children and migrants who may have been
trafficked.
A/HRC/19/44
68
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