Rohingya are also detained in Bangladesh prisons. Often, they are arrested on minor offences, and sometimes without charge. They have no access to legal representation. As such they are sometimes detained for long and extended periods of time, unable to secure release on completion of their sentences.16 Increasingly since 2018 Myanmar has been under international pressure to repatriate Rohingya. Within this context, since 2018, three groups of Rohingya have been deported from India to Myanmar through formal channels. Conditions in Rakhine State Myanmar remain unchanged and returnees are at high risk of further persecution. The deportations from India have led to concerns that Rohingya detained elsewhere including in Malaysia and Indonesia, may be at risk of deportation to unsafe conditions in Myanmar. These concerns have increased due to the increased numbers of Rohingya detained and without access to UNHCR during the pandemic. Recommendations Rohingya are refugees and they are stateless. As such, Rohingya should be protected and granted legal status, and should not be detained or subjected to related removal proceedings. The historical failure of states to protect Rohingya has resulted in numerous arbitrary detentions, which now, in the context of COVID-19, are of even greater concern. States should desist from the practice of detaining stateless Rohingya refugees. The imperative to do so in order to reduce the spread of COVID-19, is even greater. Instead, Rohingya should be offered protection within the community. In the interim, governments should work more effectively together with UNHCR, lifting barriers to UNHCR’s access to Rohingya populations in detention and workplaces. The administrative barriers and bureaucracy that impedes the timely release of incarcerated refugees and asylum seekers should be eased. Further, governments should ensure that Rohingya are treated as asylum seekers and refugees and protected from arrest and detention on immigration charges. UNHCR should develop more effective dedicated teams and activities targeting hard to reach Rohingya populations that are unable to register as refugees and lack protection. This includes new arrivals, Rohingya in bonded labour and those in detention. Additionally, in the absence of consular protection, more effective multi-agency and diplomatic taskforces should be set up to negotiate for the identification, release and protection of Rohingya populations. UNHCR, other UN agencies and non-state actors should involve Rohingya centrally in decision-making processes that impact their futures, including agreements regarding repatriation and return. They should consult with Rohingya, ensure transparency, and ensure that details of their mandates and agreements with governments are available and disseminated effectively to Rohingya and other affected populations in a timely and coordinated manner. One of five Rohingya households in the camps have a family member in prison. X-Border Local Research Initiative, 2020 ‘Beyond Relief: Securing Livelihoods and Agency for Rohingya Refugees in Bangladesh.’ 16 9