NO SAFE HAVEN
NEW THREATS AND CHALLENGES
KEY RECOMMENDATIONS
The already precarious situation of Rohingya
in the region has been further exacerbated by
the COVID-19 pandemic. In many countries,
governments have tightened movement restrictions
and closed national borders, making already
dangerous migration journeys even more so.
Authorities in several countries have used the
pandemic as a pretext to conduct raids on irregular
migrants, arresting and detaining those who lack
official documentation. Meanwhile, as national
economies have slowed, families dependent on
informal livelihoods have struggled to support
themselves. For Rohingya children, the situation
has increased their risk of domestic and physical
violence, exploitation, child labour, trafficking, and –
especially in the case of girls – child marriage.
Nationality and birth registration: Give all
children born in the country access in law, policy
and practice to universal birth registration and
civil documentation, irrespective of legal or other
status, and immediately grant citizenship status to
children born in the country who would otherwise
be stateless. Take effective steps to register children
and young adults born in the country whose births
have not yet been officially registered.
Meanwhile, the situation in Myanmar has become
increasingly unstable after the military seized
power in a coup d’état on 1 February 2021. Since
then, thousands of people have been arrested and
hundreds killed as the military has responded to
anti-coup protesters with a campaign of violent
reprisals. While the situation in Rakhine State has
remained relatively stable compared to the rest
of the country, Rohingya there continue to face
discrimination and abuse, and the prospect of
return for the hundreds of thousands who fled to
Bangladesh in 2016 and 2017 looks increasingly
remote. The need to ensure that – wherever they
are – Rohingya are safe, respected, and protected
is as pressing as ever.
The crisis facing the Rohingya community is one
that extends well beyond individual state borders.
It is also one that spans generations. Whether
as children, adults, or older people, Rohingya
are routinely denied and deprived of their basic
rights. This status quo cannot continue. Regional
governments have the responsibility and the
power – individually and collectively – to guarantee
the rights, safety, dignity and humanity of the
Rohingya and ensure that they are able to survive
and thrive as a community.
Refugee determination and regularization
of legal status: Work closely with the UN High
Commissioner for Refugees (UNHCR) to make sure
that all people in need of international protection
are able to obtain it. Countries which lack a legal
framework protecting the rights of refugees and
asylum seekers should urgently establish one,
in line with international human rights law and
standards. Ensure that domestic processes to
identify refugees and other persons in need of
international protection are inclusive, transparent
and do not discriminate on any grounds, including
by age, gender, ethnicity or country of origin. All
states should consider expanding access to regular
migration channels, as well as regularisation of
status for irregular migrants.
Non-refoulement and safe disembarkation:
Respect the principle of non-refoulement and ensure
that no one is transferred to a state or territory
where their lives or safety would be at risk.
Coordinate search-and-rescue efforts to locate and
assist boats in distress and allow those aboard to
disembark safely, making sure they have sustained
access to humanitarian and other assistance.
Return, relocation, and repatriation: Return,
relocation and repatriation of Rohingya must be
voluntary, safe and dignified. Consult with Rohingya
communities and make sure they are fully informed of
all conditions and services available in the proposed
sites for relocation, return or repatriation. Ensure
that decisions on sustainable solutions that involve
or impact children are taken in line with their best
interests and after a thorough and multi‑disciplinary
best interests determination procedure.
Access to education: All Rohingya children should
be able to access comprehensive, quality, accredited,
safe and inclusive education, regardless of their legal
or other status. Special efforts should be made to
secure access to education for girls, particularly at
secondary level.
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