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. iv

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