permission to work or access services. This lack of legal status, combined with a lack
of citizenship in Myanmar, leaves them vulnerable to both indefinite detention and
refoulement.6 Unable to obtain travel documents, different generations of stateless
Rohingyas often have no other options open to them but to travel irregularly through
networks of brokers, which can expose them to the risks of abuse and exploitation in
transit and in the destination country. Unable to obtain visas or work permits, they
are forced to work in the informal economy and often need to secure work through
informal networks and consortiums. They often end up in unregulated, low status jobs
where they can encounter unsafe working conditions, unpaid wages, and other forms
of labour exploitation. Additionally, a lack of legal status leaves them excluded from
formal banking and financial systems, making them dependent on informal and
unregulated money lenders and transfer systems that leave them vulnerable to
exploitation, extortion and abuse.7
8. The vast majority of Rohingya children born into situations of protracted displacement
outside Myanmar are unable to access formal education or training. With socioeconomic pressures on households, children are often required to contribute to
household income by working in often unsafe conditions. Socio-economic pressures
combined with demographic change due to sustained forced migration of young men
from Myanmar, and dowry systems changed by social upheaval, also contribute to
incidents of early (child) marriage, and trafficking in girls across international borders.
For example, from ISI’s research Rohingya women and girls attempt the journey to
Malaysia from Myanmar and Bangladesh, for the purposes of marriage, to join other
family members, and/or to access income earning opportunities.8
9. Since the mass exodus of Rohingya from Myanmar to Bangladesh in 2017, more
restrictions on movement and livelihoods have been placed on Rohingyas living in the
camps of Bangladesh. The presence of cross-border armed gangs, including but not
limited to ARSA, have increased violence in the camps. This includes frequent
shootings and gun battles, assassinations, arson, abductions and enforced
disappearances. These insecurities and deteriorating living conditions in Bangladesh
cause Rohingyas to take onwards journeys. As such both Myanmar and Bangladesh
are source countries for smuggling and trafficking of Rohingyas.
10. There are currently two main routes from Bangladesh and Myanmar to other
countries of Southeast Asia and beyond: by boat across the Andaman Sea to Malaysia,
Indonesia and elsewhere; and by land through Myanmar, across the Myanmar-Thai
border and onwards to Malaysia and elsewhere. According to UNHCR, more than
3,500 Rohingyas attempted sea crossings in the Andaman Sea and the Bay of Bengal
in 2022. This figure represents a 360 per cent increase and signals increasing
desperation compared to 2021 when around 700 individuals made similar journeys.
Regarding the death toll, around 348 individuals are believed to have died or gone
missing at sea making 2022 one of the deadliest years since 2014. Nearly 45 per cent
of those rescued were women and children.9
6
Supra note 3, See also: Institute on Statelessness and Inclusion, Failure to Protect: The Denial Of Status, Detention and
Refoulement
of
Rohingya
Refugees
in
India,
2021,
Available
at:
https://files.institutesi.org/Rohingya_Refugees_in_India_Brieifing_Paper.pdf [accessed 28 February 2023]
7
Supra note 3
8 See more on the Gendered Drivers of Forced Migration in supra note 2
9
UNHCR, Protection at Sea in South East Asia - 2022 in Review, 2023, Available at:
https://data.unhcr.org/en/documents/details/98170#_ga=2.182629350.197735219.1677585555-819883162.1668779857,
[accessed 28 February 2023]
2