While these figures go some way to indicate the scale of the problem, they do not fully represent the scale and severity of the crisis. This is because they do not reflect the decades of institutionalised discrimination and violent expulsions that have forced Rohingya to flee Myanmar, nor do they reflect the lived reality of Rohingya who seek refuge in Bangladesh, Malaysia, Thailand, and Indonesia where they live continue to live in fear. Wherever they are, Rohingya continue to face threats to their lives and physical security, continue to be denied their legal status and identity, and continue to be deprived of opportunities that could allow them to build a better life for themselves and their families. 2.2 INTERNATIONAL LEGAL OBLIGATIONS The five states examined for this report each have differing levels of ratification of key international human rights treaties (see table below). However, all five have ratified the UN Convention of the Rights of the Child (UNCRC), and as such, each state has an obligation to respect, protect, and fulfil the rights of children in its territory. Under the UNCRC, virtually every aspect of a child’s life is protected, from their access to education, healthcare, and family life, to their participation in public life and involvement in decision making processes that affect their lives. While Bangladesh, Malaysia, and Thailand maintain reservations to key provisions that impact the protection of Rohingya children’s rights in their respective territories 12 – reservations that should be withdrawn immediately– all five states are required to ensure that “in all actions concerning children… the best interests of the child shall be a primary consideration”.13 2 REGIONAL OVERVIEW countries examined in this report, Indonesia hosts the smallest Rohingya community, totalling several hundred people.11 However, the number fluctuates as new arrivals often leave for Malaysia or other locations as soon as they are able to. None of the four countries that are home to Rohingya refugees have ratified the UN Refugee Convention, and this is often presented as a reason why they are not legally bound to guarantee refugees’ rights. However, as noted earlier, all four countries have ratified the UN Convention on the Rights of the Child, which requires them to uphold the rights of all children in their territory. In addition, irrespective of whether they have ratified the UN Refugee Convention, all states are bound by the principle of non-refoulement, which prohibits the transfer of individuals to another territory where they would face persecution or other violations of their rights and is a principle of customary international law that is binding on all states.14 Additionally, all five states covered in this report have endorsed the Global Compact for Migration and the Global Compact on Refugees, which include specific objectives on the protection and support of children on the move. Finally, it is worth noting that as states parties to the UN Convention on the TABLE 1: RATIFICATION OF CORE HUMAN RIGHTS TREATIES Myanmar Bangladesh Malaysia Thailand Indonesia Refugee Convention No No No No No Convention on the Rights of the Child Yes Yes Yes Yes Yes International Covenant on Civil and Political Rights No Yes No Yes Yes International Covenant on Economic, Social and Cultural Rights Yes Yes No Yes Yes 1954 Convention relating to the Status of Stateless Persons No No No No No 1961 Convention on the Reduction of Statelessness No No No No No 3