31. When boats are intercepted by State authorities on route and at destination, often
passengers are not allowed to disembark. Often after arrival in Malaysia, Thailand,
Indonesia and elsewhere, passengers can be subject to arrest and immigration
detention without access to asylum procedures. Rohingyas’ statelessness
compounds the risks of both indefinite detention and refoulement to Myanmar.9
Routes through Myanmar and refoulement to Myanmar
32. Rohingya refugees who leave from Bangladesh, after being intercepted at sea by
State authorities are often returned to Rakhine State, Myanmar. In December
2022.10 Rohingya traveling via the sea routes from Bangladesh were also arrested by
the Myanmar navy near the Bangladesh border or within Rakhine state. They
experience continued persecution on return.11
33. Additionally, brokers also use routes from Bangladesh overland through Myanmar to
Malaysia or elsewhere in Southeast Asia. Many Rohingya have been intercepted by
State authorities travelling through Myanmar and arrested. Some have been
returned to Rakhine State without any access to anti-trafficking or reintegration
services. More frequently since the military coup of 2022, Rohingyas who have been
arrested on route through Myanmar have been detained and charged. They have
little access to legal assistance and often lack the funds to pay bribes to secure their
release. Others report torture, abuse and rape by security forces. Rohingya human
rights groups have documented incidents of killings of groups of Rohingyas following
arrest.12
34. Tens of thousands of Rohingyas have been arrested by the Myanmar police and
military for traveling without permission either between the townships of Rakhine
State or on their way to Yangon, Irrawaddy or Mon state and Kayin state. They were
sentenced to two to five years for immigration violations. During the trials many
Rohingyas face language barriers, lack of the access to legal assistance and
extremely limited access to psychosocial support after release. Some children have
also been detained with their parents. Unaccompanied children under 16 have also
https://freedomcollaborative.org/mapping-rohingya-movement
9
ISI, 2020 Human Rights And Covid-19: What Now For The Rohingya?
https://files.institutesi.org/ROHINGYA_Together_We_Can.pdf
10
Vietnam vessel saves 154 Rohingya, Reuters, Dec 2022 https://www.reuters.com/world/asiapacific/vietnam-vessel-saves-154-rohingya-sinking-boat-transfers-myanmar-navy-2022-12-09/ This
group was transferred to Myanmar authorities.
11
Dangerous Journeys through Myanmar: Insecurities and Immobilities for Rohingya Women in Postcoup Myanmar, ISI, https://files.institutesi.org/Rohingya_Women_in_Post-Coup_Myanmar.pdf
12
On 5 December, around 13 Rohingya men and boys were reportedly found dumped by a roadside in
Hlegu Township, Yangon. The SAC did not allow them to be buried in accordance with Islamic
principles and cremated them without informing Muslim community and family. Residents from
Yangon and Rohingya activists thought those 13 Rohingya were killed by the MaBaTha groups and
SAC forces as the bodies were injured and full with blood. In addition, on 9 December, SAC police
arrested 12 suspected members of a human trafficking gang linked to the deaths of the 13 Rohingya,
and seized five vehicles and an oil tanker which were used in the trafficking. But the Rohingya
community from Rakhine state believed that those 12 suspects were guides and hosts of the
trafficking gangs, not the one who perpetrated the case.
8