en route. There are more than 3,000 Rohingyas in
detention in Myanmar from attempting these routes.
Approximately 700 have been charged and sentenced
under draconic immigration rules, receiving prison
sentences of 2-5 years. Those who have travelled
from Bangladesh usually receive the longer sentences
as they are also charged with illegally crossing an
international border.12
Currently there is a conflict in Rohingya areas of
Rakhine State with large swathes of territory falling
under the military and administrative control of the
Arakan Army (AA) and their administrative wing,
the United League of Arakan (ULA). Rohingyas are
doubly persecuted by both sets of parallel authorities.13
Further, according to findings from our research, both
the Myanmar security forces, and Arakan Army are
implicated in human smuggling and trafficking, both
facilitating travel and abusing Rohingya travellers
en route. The pressures and impacts of living under
formal and informal authorities in Rakhine, both of
which effectively treat Rohingya as noncitizens, has
increased insecurities and financial hardships.14 It is
vital that Rohingya survivors of genocide, have safe
routes within and out of the country, should they
choose to escape ongoing structural discrimination
and persecution, or build better lives elsewhere.
Whilst travel routes are a vital lifeline for some, for
others they have become fraught with violence, abuse
and risk to life.
Further, there is a strong link between the deprivation
of Rohingyas’ citizenship in Myanmar and the
denial of the right of return. Since the 1990s, those
that have left the country have had their names
struck from household registers, effectively erasing
their permanent residence. Thus, migration, in
most cases, is permanent. Many are concerned that
the facilitation of travel out of the country assists
broader strategies to permanently remove Rohingya
from Rakhine State, and at the same time generates
revenue for state-like structures.
The treatment of Rohingyas returned to or transiting
through Myanmar by both state authorities and
non-state actors, sometimes following experiences
of trafficking, is also understood by many as a form
of persecution due to their ethnicity, religion and
lack of legal status. On 5 December 2022, 13 dead
bodies of Rohingya were found on the roadside
close to Yangon. The bodies were photographed and
bore the signs of severe beatings and torture. The
victims had reportedly been abducted by a Buddhist
ultranationalist militia group connected to the military
government, called Pyu Saw Htee, while they were
attempting to travel to Southeast Asia. When brokers
failed to pay the ransom, they were reportedly beaten
to death. The bodies were not released till after postmortem and were not given an Islamic funeral.
1.2 Socio-economic insecurities
Many families know the journey to another
country has huge risks, but they try it
anyway. People think if they are lucky on
their journey, their families in Rakhine will
have support to survive. The risk of being
arrested on the route and sentenced to two
to five years in prison does not stop them.
The risk of rape does not stop them. Even
the risk of death does not stop families from
making these decisions. It’s the limitations
and restrictions here that makes them take
the risks.
ROHINGYA WOMAN, TEACHER, SITTWE15
At the centre of the insecurities and vulnerabilities
faced by Rohingyas, is a lack of legal status as citizens
in Myanmar, and as residents, refugees and stateless
persons elsewhere. In Myanmar, following the 2021
military coup, greater restrictions of movement,
checkpoints and administrative costs have been
imposed on those who do not have citizenship
documents. Conflict has created new layers of
financial and physical insecurity for Rohingya
households, driving them into poverty and leaving
them vulnerable to human rights abuses from state
and quasi-state bodies.16
Since the mass exodus of Rohingya from Myanmar to
Bangladesh in 2017, more restrictions on movement
and livelihoods have been placed on Rohingyas
living in the camps of Bangladesh. The presence of
cross-border armed gangs, including but not limited
to the Arakan Rohingya Salvation Army (ARSA),
has increased violence in the camps. This includes
frequent shootings and gun battles, assassinations,
arson, abductions and enforced disappearances.17
In India, the legal status of Rohingyas has become
increasingly precarious, leaving them at risk of forced
repatriation or refoulment to Myanmar as well as
arbitrary arrest and indefinite detention. This erosion
of Rohingyas’ legal status and protections in India
has impacted living conditions and access to services
leading to increasing insecurities and vulnerabilities.18
Rohingyas in Malaysia do not have the right to work
or a formal legal status in the country. As such, they
work in the informal economy and are vulnerable to
unsafe and exploitative conditions in the workplace,
9