REFUGEES’ AND MIGRANTS’ RIGHTS AND HUMAN
TRAFFICKING
The indefinite detention of refugees and asylum seekers was ruled unconstitutional by courts
in both Australia and South Korea, but protections for refugees, asylum seekers and migrants
remained inadequate across the region and their human rights were widely disregarded.
Many refugees and migrants were arbitrarily and indefinitely detained, including in squalid
immigration detention centres, or were denied adequate housing and basic services and
lacked freedom of movement.
The Malaysian authorities failed to investigate the deaths of 150 people, including women
and children, in immigration detention centres in 2022 and, in the meantime, concerns about
conditions in the centres persisted. In Bangladesh, a fire in one camp and a cyclone rendered
thousands of Rohingya refugees homeless yet again. In Thailand, a new mechanism for
screening refugees and asylum seekers was established, but their indefinite detention
continued, and poor conditions resulted in the deaths of two Uyghur men. A new immigration
law in Japan sanctioned the continuation of indefinite detention of refugees and asylum
seekers, while amendments to Taiwan’s immigration law failed to include protections against
refoulement.
There was serious concern about the fate of hundreds of North Koreans forcibly repatriated
by the Chinese government despite warnings that they would likely face severe punishment.
Following the Pakistan government’s October announcement that unregistered Afghan
refugees must leave the country within a month, over 490,000 people were forcibly returned to
Afghanistan which many had fled for fear of persecution by the Taliban. Malaysia also violated
the principle of non-refoulement by forcibly returning refugees to Myanmar where they faced
serious human rights violations.
Government responses to human trafficking in Cambodia, Laos, Myanmar and Thailand
remained inadequate, where foreign workers were recruited by deceptive means and forced,
often under threat of violence, to work in cyber scams and illegal gambling operations.
Governments must cease detaining asylum seekers on the basis of their immigration
status and allow them to seek international protection. In no circumstances should anyone
be forcibly returned to a place where they could face persecution or other human rights
violations. Protections against human trafficking should be strengthened and survivors
provided with legal and other support including for facilitation of repatriation where safe to
do so.
DEATH PENALTY
In a positive move, the government of Malaysia repealed the mandatory death penalty for all
offences and abolished the death penalty entirely for seven offences. However, the death
penalty continued to be used extensively throughout the region, frequently in violation of
international law and standards. In both China and Viet Nam, executions were reported but
figures on the use of the death penalty remained classified as state secrets. In Afghanistan,
death sentences were reported to have been imposed, including by methods such as stoning,
found by UN bodies to amount to cruel, inhuman or degrading treatment or punishment. In
Singapore, a woman was among those executed for drugs related offences, while anti-death
penalty activists and lawyers were subjected to harassment.
Governments that still retain the death penalty must take urgent steps to abolish it.
48
The State of the World’s Human Rights
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