Recommendations The government of India should: • • • • • • • • Adopt a national law on refugees and asylum seekers or pass the Asylum Bill 2021, which was first introduced in the parliament in 2015. This bill would establish an asylum and refugee system, based on international obligations and the principles of the Indian Constitution. Establish the legal status of Rohingya in India and their right to basic services including education, employment, health care, bank accounts, and SIM cards. This could be done through provision of special Aadhaar biometric cards or recognition of UN Refugee Agency (UNHCR) cards as a valid form of identification for accessing such services. End arbitrary and indefinite detention of Rohingya, establish special courts and tribunals to hear cases of detention of refugees, and allow UNHCR access to all detained migrants to determine their refugee status and protection needs. India’s National Human Rights Commission should work with the UN Office of the High Commissioner on Human Rights to carry out an investigation of detention centers in India. Refrain from deportation of Rohingya and other refugees from Myanmar in violation of its international legal non-refoulement obligations. Release guidance from the central government clarifying the right of Rohingya to access government schools and hospitals. Promote girls’ education and extend access for Rohingya to secondary and university level education. Allow space for civil society to work with the Rohingya in India including by supporting refugee-led organizations and ceasing threats of withdrawal of Foreign Contribution Regulation Act (FCRA) permissions that allow organizations working with refugees to receive foreign funding. Provide search and rescue for Rohingya boats when reported in Indian waters and work with regional partners to ensure safe disembarkation, access to UNHCR and asylum claims, and refrain from detention and refoulement. Pressure Myanmar’s military junta to end persecution of the Rohingya, to recognize their citizenship rights, and to cease broader abuses and attacks on civilians. Such pressure should include cracking down on companies doing business with or supplying arms to the junta. The UN Refugee Agency (UNHCR) should: • • Engage India at the highest levels, including a visit by the High Commissioner for Refugees, toward refraining from refoulement and indefinite detention, facilitating resettlement, and allowing access to migrants in detention centers to determine their refugee status and protection needs. Support and fund refugee-led and local organizations that work on provision of services for refugees and on protection and legal assistance of Rohingya detained in India. REFUGEESINTERNATIONAL.ORG | 5