ROHINGYA IN REFUGEE SITUATIONS The Rohingya are an ethnic community belonging to Rakhine State Myanmar, whose histories in Rakhine, now on the borderlands of Myanmar, by far pre-date modern nation-states and borders. The arbitrary deprivation of nationality by Myanmar, which was initiated under military rule, is a key element in the decades-long persecution of Rohingya. The persecution of Rohingya in Myanmar and their lack of protection as refugees outside Myanmar are strongly linked to Myanmar’s systematic production of Rohingya statelessness. Myanmar’s 1982 ethno-centric and exclusionary Citizenship Law, together with the arbitrary implementation of citizenship rules, provided a domestic framework that sanctioned discrimination, persecution and expulsion. The clear exclusion of Rohingya from access to citizenship by right - as opposed to a highly discretionary and arbitrary naturalisation procedure - was a deliberate next step towards the ratcheting up of abuses against the group. As such, the institutionalised discrimination and persecution in Myanmar over decades resulting in a large and scattered refugee population world-wide. It is estimated that three quarters of the Rohingya population currently live outside Myanmar.5 There are now approximately three-quarters of a million Rohingya refugees in Bangladesh and hundreds of thousands of Rohingya in other countries such as Saudi Arabia and elsewhere in the Middle East; Pakistan, India and elsewhere in South Asia; Malaysia, Thailand, Indonesia and elsewhere in Southeast Asia. A smaller number of Rohingyas have settled in Australia and in the contexts of the Middle East, South and Southeast Asia, Rohingyas have experienced inter-generational statelessness and continue to live in situations of protracted displacement without access to legal status or the legal right to work. This has prevented children and youths from accessing education and skills training and has driven men and women into precarious work in the informal sectors of the economy with few safety standards and no social safety nets. In times of pandemic or other external shocks, Rohingya families are at heightened risk of hunger, illness and violence. Family members in Myanmar and elsewhere who rely on remittances from those working overseas are also increasingly vulnerable to these impacts. ROHINGYA IN MYANMAR Myanmar’s imposed statelessness on the Rohingya is related to restrictions on a range of fundamental human rights including freedom of movement, right to work, access to education and right to marry and have children. Since the mass expulsions of Rohingya in 2017, there are approximately half a million Rohingya remaining in Rakhine State Myanmar.6 Most are contained in North Rakhine State, with others living in IDP or “detention camps” elsewhere in Rakhine State. Restrictions in Rakhine State have been escalated in the past two years between the Myanmar army and the Arakan army, an EAO operating in Rakhine State. Numbers of Rohingya elsewhere in Myanmar are hard to estimate since they are not allowed to self-identify as Rohingya. On 1 February 2021, a group of top generals seized absolute power in a military coup. Since then, the CDM has gained momentum across the country, with protestors, civilians and EAOs being targeted with violence, killings and arbitrary arrests. Internet shut down’s, curfews and the closure of media outlets have been imposed. Myanmar has descended into escalating civil war and has been labelled a failed state.7 Myanmar doctors and medical staff have also been at the forefront of the strikes and CDM movement. The result is a near shut down of the government health system.8 Mobile COVID-19 vaccination centres have been converted into mobile hospitals. 139 doctors have been arrested and charged for participating in the CDM. Hospitals have been occupied by military forces. Concerns have been raised over the impact during a time of pandemic, but since there is little reporting of incidents of COVID-19 and deaths, the impact remains unreported and unclear.9 This is particularly alarming due to the dramatic rise in COVID-19 cases in neighbouring India, Bangladesh and in the region generally.10 RIGHT TO NATIONALITY, DOCUMENTATION AND LEGAL STATUS Asylum and Refugee Situation: This chapter focuses on the countries where the CESF Consortium has a programmatic focus – Bangladesh, India and Malaysia. There are approximately 884,000 Rohingyas registered as refugees with UNHCR in Bangladesh, 18,000 in India and 103,000 in Malaysia.11 Numbers of unregistered Rohingya refugees are harder to estimate. In Bangladesh refugees are largely contained in poor conditioned camp settings, whilst in Malaysia and India refugees are largely urban-based and scattered throughout the country. These camp and urban-based settings make for different challenges in COVID-19 responses. None of these countries are signatories to the 1951 Refugee Convention. Although UNHCR provides refugee registration processes in each of these countries, the governments do not formally recognise refugee status. As such, THIS CHAPTER LOOKS MORE CLOSELY AT RIGHT TO NATIONALITY, DOCUMENTATION AND LEGAL STATUS, EQUALITY AND NON-DISCRIMINATION, RIGHT TO HEALTH, SOCIO-ECONOMIC RIGHTS AND CIVIL AND POLITICAL RIGHTS,4 AND MAKES THE FOLLOWING CALL TO ACTION TO RELEVANT GOVERNMENTS AND OTHER STAKEHOLDERS: ENSURE THAT ALL ROHINGYA ON THEIR TERRITORIES HAVE ACCESS TO COVID-19 TESTING, HEALTHCARE AND VACCINATION SCHEMES ON AN EQUAL BASIS TO CITIZENS. PROVIDE ALL ROHINGYA, REGARDLESS OF THEIR LEGAL OR IMMIGRATION STATUS, EQUAL ACCESS TO SOCIAL SAFETY NETS TO ADDRESS FOOD INSECURITY, HOMELESSNESS AND ILLNESS DURING COVID-19 AND BEYOND. CONSULT ROHINGYA COMMUNITY MEMBERS, ESPECIALLY WOMEN, WHEN CONCEPTUALISING COVID-19 RELIEF SCHEMES AND PUBLIC HEALTH INITIATIVES. WORK WITH UNHCR TO PROTECT ROHINGYA AND OTHER REFUGEES ON THEIR TERRITORIES, INCLUDING FROM ARBITRARY AND INDEFINITE DETENTION AND FORCED REPATRIATION. PROVIDE ROUTES FOR STATUS REGULARISATION FOR ROHINGYA AND ENSURE ACCESS TO FORMAL EDUCATION AND EMPLOYMENT. governments as irregular or ‘illegal’ migrants. There are no opportunities to regularise legal status over time, so the precariousness of work, education, health and legal situations for stateless Rohingyas is experienced across multiple generations. As refugees, they have no access to work within the formal economies. There is very limited access to formal education and cerugee schooling is accessed by some children. In Bangladesh, refugees access health care through NGOs working within the camps. In Ma- 57