The role of the United Nations convention on the rights of persons with disabilities (CRPD) in protecting refugees in Malaysia

Protecting the refugees is part of humanitarian protection that exists in every nation, especially for the disabled. Refugee with disabilities is subject for being side-lined especially to their impairment due to environment, social and attitudinal barriers. Malaysia is the party to the United Nations Convention on the Rights of Persons with Disabilities (CRPD) since 2010; however, not becoming a party to the Refugee Conventions 1951. This paper will explore whether the CRPD is sufficient in protecting the rights of the refugee with disabilities despite not being party to the 1951 Convention. The paper adopts doctrinal analysis to who are refugees, what are the issues related to refugee with disabilities and what are issues related to non-ratification of 1951 Convention by Malaysia. This paper took the position that despite the ratification of CRPD, the reservation made on Article 18 CRPD on nationality by Malaysia has restricted the application of CRPD in Malaysia towards refugee with disabilities. The authors believe that the CRPD has its role in protecting the rights of the refugee with disabilities. Even with the non-ratification of the UN Refugee Convention 1951 by Malaysia, the treatment towards refugee with disabilities must be for the sake of an equal basis with others and humanitarian reasons.