SUMMARY AND RECOMMENDATIONS
The Rohingya community has survived genocide
in Myanmar. They also continue to face an onward
struggle to survive the debilitating socio-economic
conditions of refugee and IDP camps, further
persecution and discrimination, and the risks
associated with travelling in search of physical and
socio-economic security. They are vulnerable to
trafficking for different forms of exploitation and to
human rights violations resulting from a lack of state
protections. This paper considers the additional layers
of vulnerability that arise from the discriminatory and
arbitrary denial of citizenship in their home country,
Myanmar, and denial of legal status in the countries
to which they fled. Based on qualitative research in
Myanmar, Bangladesh, India and Malaysia, the paper
joins up the issues across different country contexts,
revealing that each family’s search for peace and
security often spans multiple countries and multiple
generations.
Methodology
This paper finds that statelessness should not simply
be viewed as a cause or consequence of trafficking.
Rather it is an intersectional factor that compounds the
risks of exploitation and other human rights abuses at
the hands of both brokers and state authorities. This
includes abduction, extortion, forced labour and other
forms of labour exploitation, sexual exploitation,
torture, death, arbitrary arrest, indefinite detention
and refoulement. Further, the intergenerational nature
of Rohingya displacement and statelessness creates
barriers to securing durable solutions. The risks
of further exploitation or trafficking are therefore
sustained across lifetimes and across different
generations. The research indicates that statelessness
increases the likelihood of trafficking outcomes;
compounds the negative impact of experiences of
exploitation; and leaves victims exposed to continued
risks and vulnerabilities to further trafficking.
Our research includes a focus on the gendered
experiences of both statelessness and trafficking.
The majority of interviews were with women,
conducted in women-only spaces by other women in
Rohingya, Burmese or Hindi languages. Interviews
were carefully designed to be sensitive to experiences
of trauma and as such to not ask women to recount
personal experiences of trauma. Since the research
was conducted in conflict-affected areas and refugee
settings, we developed a strong ethical framework to
minimalize risk. We ensure the security of data, and
the anonymity of research participants and, where
necessary, researchers.
This paper is divided into two parts. Part 1 outlines
six issues that lie at the intersections of statelessness
and trafficking experiences: persecution; socioeconomic insecurities; lack of access to regular
and safe migration; lack of legal protections and
detention; lack of access to safe and decent work; and
intergenerational statelessness. Part 2 explores the
experiences of Rohingyas in different country contexts:
Myanmar; Bangladesh; India; and Malaysia. The
paper’s recommendations highlight the importance
of ensuring that the specific vulnerabilities of stateless
people are factored into anti-trafficking initiatives and
international protection frameworks.
This research is collaborative and centres the
knowledge and analysis of local and Rohingya
researchers and community workers. Data was
collected and analysed from qualitative research
amongst Rohingya populations in four countries. This
includes: 30 in-depth interviews with Rohingyas in
Bangladesh, Myanmar, India and Malaysia; detailed
observations and reports over six months from four
Rohingya researchers living in four different areas
of Rakhine State Myanmar; and the analysis of
Rohingya key workers in Malaysia, Bangladesh,
India and in diaspora. It further draws on discussions
from two multi-country focus groups with Rohingya
community workers organised by ISI in support
of the 2023 report of the United Nations Special
Rapporteur on Trafficking in Persons especially
women and children.
Background
The Rohingya are an ethnic community belonging
to Rakhine State in Myanmar, whose histories in
Rakhine, now in the territory of Myanmar, long
pre-date modern nation-states and borders. The
Rohingya’s arbitrary and discriminatory deprivation
of nationality by Myanmar, which was initiated
under military rule, is a key element in the decadeslong persecution and genocide perpetrated against
the community. The persecution of Rohingya in
Myanmar and their lack of protection as refugees
outside Myanmar are strongly linked to Myanmar’s
systematic imposition of statelessness on Rohingyas.
Myanmar’s 1982 ethno-centric and exclusionary
Citizenship Law, together with the arbitrary
implementation of citizenship rules, provided a
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