government, called Pyu Saw Htee. When brokers failed to pay the ransom, they were
reportedly beaten to death. The bodies were not released till after post-mortem and
were not given an Islamic funeral.
23. Returnees to Myanmar are also subjected to further persecution. In December 2022,
154 Rohingya who left from Bangladesh including 40 women and 31 children were
rescued after a week floating at sea by the Vietnamese Navy.21 They were handed
over to the Myanmar Navy and a few days later they were transferred to Sittwe in
Rakhine State. Since then, Rohingya community members have been unable to locate
them. It is presumed that they have been detained and held on immigration charges.
Recommendations
Based on the information above, we would like to recommend that anti-trafficking prevention
and protection initiatives are more inclusive of stateless people and should be targeted to
their specific needs and vulnerabilities. For example, prevention activities should focus on
ensuring access to basic rights and socio-economic rights for stateless people. Additionally,
preventing trafficking in refugee and IDP situations, and protecting survivors of trafficking
from refugee and IDP backgrounds, requires measures that are situated within a broader
framework that factors in the need for protection not just from criminal syndicates, but also
from perpetrating states and state actors. For example:
I.
Promote the right to work for stateless people and refugees; provide access
to livelihoods and decent working conditions.
II.
Increase access for stateless refugees to durable solutions such as
resettlement, integration, and safe and voluntary repatriation, including by
providing specific pathways and routes to overcome the barriers encountered
by stateless people.
III.
For Rohingyas, promote access to citizenship in Myanmar as an integral
component of securing safe repatriations.
IV.
Provide access to safe and regular migration routes for stateless people,
including by bypassing the role of the state of origin in proving identity
V.
Increase access to family reunion and reunification through safe and regular
routes for stateless people, including by reducing the evidentiary
requirements.
VI.
Promote access to civil registration, including birth registration, in countries
of refuge with a view to providing pathways to regularise legal status and
citizenship for those experiencing intergenerational statelessness.
VII.
For stateless children, provide access to formal education, accreditation, and
development opportunities to enable them to access decent work in the
future and lift themselves out of the cycles of poverty and exploitation.
VIII.
Incorporate refugee protections into search and rescue operations including
providing access to UNHCR, ensuring the right to apply for asylum and nonrefoulement.
21
Reuters, Vietnam vessel saves 154 Rohingya from sinking boat, transfers to Myanmar navy, 2022,
https://www.reuters.com/world/asia-pacific/vietnam-vessel-saves-154-rohingya-sinking-boat-transfers-myanmar-navy-202212-09/, [accessed 28 February 2023]
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