worrying that the pilot repatriation project remains facilitated between the Burmese military
and the Bangladesh government, as well as reportedly the UNHCR and the WFP, without
any formal or meaningful consultations with the refugees.75 Evidence of the project so far
reveals that the military will likely confine the returned Rohingya in concentration camps,
and subject them to exploitation, forced labor, and contemporary forms of slavery.76
That refugees are choosing to risk deadly conditions to flee refugee camps should alarm the
international community. As noted earlier, the camps’ dire humanitarian and security
conditions are worsening the already poor situation of Rohingya refugees. The absence of
any feasible resolution to such a situation burdens the refugees with even more oppressive
and overwhelming circumstances; this includes a safe, voluntary, sustainable, and dignified
repatriation, whose conditions have so far been made impossible by the ongoing human
rights and humanitarian crisis in Myanmar.
After embarkation: No human rights and refugee protection on the sea or land
On boats, Rohingya refugees trafficked and smuggled across the Andaman Sea and the
Bay of Bengal are denied full safety or protection. As noted earlier, the threat of hate speech
and disinformation campaigns, detention and deportation to Myanmar, and many other
abuses risk culminating into atrocities targeted at them. This is in large part due to the
circumstances of these refugees’ likely host countries in South and Southeast Asia, all of
which lack full, comprehensive protection measures. Notably, countries that are affected by
the boat crisis – Indonesia, Malaysia, India, and Thailand – are not parties to the
international Convention Relating to the Status of Refugees and the Protocol Relating to the
Status of Refugees. The Bali Process on People Smuggling, Trafficking in Persons and
Related Transnational Crime, which involve these countries, remains to be effectuated to
curb the Rohingya boat crisis despite it continuously seeing risks to regional peace and
security.77 These countries also have yet to formally legislate or fully implement domestic
refugee protection mechanisms; some have even turned to infringing upon the rights of
certain refugees and asylum seekers.78 They also lack comprehensive human rights
frameworks, resulting in the gradual erosion of press freedom, freedom of religion or belief,
of conditions for the return of Rohingya refugees,” Office of the United Nations High Commissioner for Refugees,
May 31, 2018,
https://www.unhcr.org/news/news-releases/unhcr-and-undp-agree-text-mou-myanmar-support-creation-conditions
-return; Meenakshi Ganguly and Brad Adams, “For Rohingya Refugees, There’s no Return in Sight,” Foreign Affairs,
June 5, 2019, https://www.foreignaffairs.com/burma-myanmar/rohingya-refugees-theres-no-return-sight.
75
“Leaked Email Shows UN Participating in Rohingya Repatriation Pilot Despite Fears for Refugee Safety,” Myanmar
Accountability Project, March 18, 2023,
https://the-world-is-watching.org/2023/03/18/leaked-email-shows-un-participating-in-rohingya-repatriation-pilot-des
pite-fears-for-refugee-safety/.
76
“Submission to the United Nations Special Rapporteur on the situation of human rights in Myanmar.”
77
Elaine Pearson and Shayna Bauchner, “Indonesia and Australia co-chair Bali Process meeting in Adelaide this
week, look for solution to Asian deaths at sea,” The Canberra Times, February 9, 2023,
https://www.canberratimes.com.au/story/8078564/bali-process-needs-to-end-rohingya-deaths-at-sea/.
78
“ASEAN and the Rohingya Crisis since 2017: Dynamics, Challenges, and New Avenues for a More Effective
Regional Response in Post-Coup Myanmar,” Asia-Pacific Centre for the Responsibility to Protect, March 2022,
https://r2pasiapacific.org/article/2022/09/asean-and-rohingya-crisis-2017.
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