NO SAFE HAVEN Law of the Sea, Bangladesh, Indonesia, Malaysia and Thailand, as well as Myanmar, are legally obliged to undertake search and rescue operations, render assistance to persons in distress, and cooperate with neighbouring states for these purposes.15 At the regional level, several ASEAN declarations and agreements also underscore the respect and protection of key rights which should in theory apply to Rohingya – whether as citizens or as refugees. The ASEAN Human Rights Declaration explicitly recognises the right of every person to “seek and receive asylum in another State.” 16 It further declares that “Every person has the right to a nationality as prescribed by law. No person shall be arbitrarily deprived of such nationality nor denied the right to change that nationality.” 17 While the Declaration is not legally binding – and contains multiple provisions that do not comply with international human rights law and standards – these provisions nonetheless signal a political commitment to respecting and protecting the rights of refugees and stateless people.18 Other ASEAN declarations also commit Member States to respecting and protecting children’s rights. This includes the 2001 Declaration on the Commitments for Children in ASEAN, which (among other things) commits to “give attention to” early childhood education (Article 11), protect children from all forms of violence, abuse, neglect, trafficking and exploitation (Article 15), give priority to children in rescue and relief operations, and hasten their reunification with their families (Article 17).19 Similarly the 2019 ASEAN Declaration on the Rights of Children in the Context of Migration affirms the bloc’s commitment to protect the rights of children, recognising the need to “further strengthen the national systems, including but not limited to child protection, education, health, and justice, in the ASEAN region, and to enhance their accessibility for children affected by migration, including those who are unaccompanied or separated from their families.” 20 Meanwhile the 2010 ASEAN Declaration on Cooperation in Search and Rescue of Persons and Vessels in Distress at Sea commits to regional collaboration in order to ensure timely assistance to persons and vessels in distress at sea.21 2.3 LACK OF LEGAL STATUS, ITS CAUSES AND CONSEQUENCES The following sections provide a broad overview of issues facing Rohingya children in terms of their legal status, access to education and protection concerns. For more detailed analysis of the specific situation in individual countries, please see Section 3. Lack of legal status – whether in Myanmar or in other countries – is a key factor in the discrimination and restrictions that Rohingya experience. Legal status – in particular, nationality and identity documentation – is often essential for the enjoyment of other rights, such as the rights to freedom of movement, health, education, access to livelihood opportunities, and equal treatment before the law. Those who are deprived of legal status can experience discrimination, marginalisation, and exclusion from society. For most Rohingya, their lack of legal status can be traced back to Myanmar, which does not recognise Rohingya as citizens, and which has, over decades, employed a range of laws and policies to progressively strip Rohingya people of their right to a nationality, effectively rendering them stateless.22 This de facto statelessness follows Rohingya when they travel to other countries, exposing them to significant threats to their physical security and wellbeing. Although most – if not all – Rohingya leaving Myanmar should qualify as persons in need of international protection, neither Bangladesh, Malaysia and Thailand have no legal frameworks that officially recognise refugees. While the governments of Bangladesh and Malaysia allow UNHCR to register Rohingya refugees, the Rohingya remain at risk of arrest and detention, particularly if they violate the ban on work by finding informal employment. In Bangladesh, the government refuses to allow Rohingya to be called refugees, instead referring to them as “Forcibly Displaced Myanmar Nationals” (FDMNs). This limits both their rights as refugees and the ability of aid agencies to assist them to the full extent of their needs. Meanwhile, in Thailand, political sensitivities mean that UNHCR is not allowed to register Rohingya refugees. However, Rohingya who are identified as victims of trafficking do receive special status and legal protection. Rohingya children in Myanmar inherit their parents’ de facto statelessness, and denial of their legal status 4