COVID-19 IMPACTS ON IMMIGRATION DETENTION: GLOBAL RESPONSES STATE RESPONSES TO THE REFUGEE SITUATION DURING COVID-19: ROHINGYAS IN MYANMAR AND BANGLADESH The Asia-Pacific region is home to roughly 3.5 million refugees, 1.9 million internally displaced people (IDPs) and 1.4 million stateless people. As COVID-19 continues to be the biggest threat to global health security, it is the most vulnerable among us that are disproportionately impacted by this global pandemic. Particularly, those populations under some form of confinement and restrictions, such as IDPs or refugees, are particularly vulnerable as they tend to lack basic access to healthcare and live in conditions that increase the risk of COVID-19 infection. This is clearly seen in the examples of the irregular migrants in the IDP camps in Rakhine state, Myanmar and in the refugee camps in Cox’s Bazar, Bangladesh. Experiencing a form of detention, these IDPs and refugees are mostly living in ‘closed’ camps, where they are under significant restrictions, especially on movement. IDPS IN RAKHINE STATE, MYANMAR Concerns have already been raised about Myanmar’s ability to manage the COVID-19 crisis given the state of its weak healthcare system, preexisting humanitarian caseloads and ongoing conflict.1 In Rakhine State itself, there are currently more than 210,000 IDPs living in various camps around the State, with most having lived there since 2012. 2 While the Myanmar government launched its National Strategy on Resettlement of Internally Displaced Persons (IDPs) and Closure of IDP Camps in November 2019, questions surrounding the safety, ease of movement, and livelihood sustainability of affected communities still remain. 3 There have been reports from the ground that the resettled IDPs, particularly the Rohingya, still face many restrictions. These include the lack of choices of where they can relocate to, as well as being forced to live in crowded semi-permanent structures in sub-standard areas.4 Movement restrictions on those living in the camps have also increased with the current lockdown measures. Even IDPs in need of medical referrals to the State’s main hospital in the capital Sittwe have had trouble obtaining permission to leave their camps, with them being told to seek treatment in the camps instead. 5 With the overcrowded conditions in these camps, a lack of health facilities as well as sanitation facilities, social distancing and other COVID-19 mitigation measures are almost impossible to implement. Although the government of Myanmar have instituted various measures – mobilising response teams for IDP camps to construct more sanitation facilities, conduct education sessions and distribute essential supplies, announcing a nationwide ceasefire agreement as well as instituting a lockdown of Rakhine state – the effects of these measures are limited due to several factors.6 One such factor is the lack of resources. One of Myanmar’s poorest states, Rakhine has limited testing and medical facilities with only one laboratory in Sittwe General Hospital and only nine health workers per 10,000 people in the state health system, far below the 22 recommended by World Health Organisation and even the national average of 16.7 The provision of external humanitarian assistance to the people of these IDP camps have also seen reductions, with the Rakhine State Government only allowing essential life-saving humanitarian assistance such as those related to food assistance, COVID-19 response and water. 8 Moreover, with some personnel from UN agencies, as well as other international organisations, having tested positive for the COVID-19, other organisations have also temporarily reduced their activities, further stretching resources in the field.9 As such, it should be of key importance that the Myanmar government end movement restrictions for the people living in the camps, or at the very least allocate additional space to alleviate overcrowding. They should also work together with humanitarian aid groups to ensure the provision of sufficient resources on the ground for a substantive COVID-19 response. COVID-19 mitigation measures in Rakhine State are also further complicated by its ongoing conflict between Myanmar’s military and the ethnic armed organisation, the Arakan Army (AA). Although the military announced a temporary national ceasefire in line with the UN SecretaryGeneral’s global appeal on 9 May 2020, it excludes “areas recognised as the base of terrorist organisations”.10 With the AA being designated a terrorist organisation in late March 2020, this effectively excludes the Rakhine State.11 The ongoing conflict in Northern Rakhine, as well as its relatively rural location, also means that humanitarian assistance to the area has been minimal.12 While Myanmar’s government has been dealing relatively well with COVID-19, the recent surge of local transmission cases in Rakhine should serve as a warning to avoid complacency.13 Although there have been no confirmed COVID-19 cases in the camps or other IDP sites at the time of writing, out of Myanmar’s 887 cases, 409 have been reported across Rakhine – 393 of which were reported between 16 August and 1 September 2020.14 Moreover, with the continued delays in testing primary contacts of those who have tested positive for COVID-19, some of whom live in the IDP camps, it may only be a matter of time before the camps start seeing COVID-19 cases.15 1 United Nations Economic and Social Commission for Asia and the Pacific, “The Impact of COVID-19 on South-East Asia”, Policy Brief, July 2020, https://www. unescap.org/sites/default/d8files/2020-07/SG-Policy-brief-COVID-19-and-South-East-Asia-30-July-2020.pdf 2 United Nations Office for the Coordination of Humanitarian Affairs & United Nations Refugee Agency, “Humanitarian Situation in Rathedaung, Flash Update, 30 June 2020, https://reliefweb.int/sites/reliefweb.int/files/resources/Myanmar%20-%20Flash%20Update%20-%20Humanitarian%20situation%20in%20Rathedaung%20 %2830%20June%202020%29.pdf. 3 Global New Light of Myanmar, “Ministry unveils national strategy on resettlement of IDPs, camp closures”, Global New Light of Myanmar, 27 December 2019, https:// www.gnlm.com.mm/ministry-unveils-national-strategy-on-resettlement-of-idps-camp-closures/ 4 CARE et.al, “Three Years On: Prospects for Durable Solutions and Justice Remain Elusive for Rohingya, 24 August 2020, https://www.nrc.no/globalassets/pdf/finalstatement-3-years-on-and-no-durable-solutions_08.20.2020.pdf 5 Nadia Hardman & Param-Preet Singh, “Pandemic Adds New Threat for Rohingyas in Myanmar”, Human Rights Watch, 29 May 2020, https://www.hrw.org/ news/2020/05/29/pandemic-adds-new-threat-rohingyas-myanmar 6 Kyaw San Wai, “Myanmar and COVID-19”, The Diplomat, 1 May 2020, <https://thediplomat.com/2020/05/myanmar-and-covid-19/>. 7 Alice Debarre, “Delivering Healthcare amid Crisis: The Humanitarian Response in Myanmar”, International Peace Institute, February 2019, <https://www.ipinst.org/ wp-content/uploads/2019/02/1902_Delivering-Healthcare-in-Myanmar.pdf> ; European Chamber of Commerce in Myanmar, “Healthcare Guide 2019”, October 2019, <https://eurocham-myanmar.org/uploads/37f07-healthcare-guide-2019-web.pdf>. 8 OCHA, “Myanmar, Rakhine State: COVID-19 Situation Report No. 08”, Situation Report, 1 September 2020, <https://reliefweb.int/sites/reliefweb.int/files/resources/ OCHA%20Myanmar%20-%20COVID-19%20Situation%20report%20No%208.pdf>. 9 Nyein Nyein, “At least 10 UN, INGO Workers Hit by COVID-19 in Myanmar’s Rakhine State”, The Irrawaddy, 28 August 2020, < https://www.irrawaddy.com/specials/ myanmar-covid-19/least-10-un-ingo-workers-hit-covid-19-myanmars-rakhine-state.html>. 10 Lawi Weng, “Myanmar Rebel Coalition Calls for Military to Extend Ceasefire to Rakhine”, The Irrawaddy, 11 May 2020, < https://www.irrawaddy.com/news/burma/ myanmar-rebel-coalition-calls-military-extend-ceasefire-rakhine.html>. 11 Ibid. 12 OCHA & UNHCR, “Humanitarian Situation in Rathedaung, Flash Update, 30 June 2020, <https://reliefweb.int/sites/reliefweb.int/files/resources/Myanmar%20-%20 Flash%20Update%20-%20Humanitarian%20situation%20in%20Rathedaung%20%2830%20June%202020%29.pdf>. 13 Mizzima, “Military to extend ceasefire for one more month”, Mizzima, 25 August 2020, < http://www.mizzima.com/article/military-extend-ceasefire-one-more-month>. 14 OCHA, “Myanmar, Rakhine State: COVID-19 Situation Report No. 08”, Situation Report, 1 September 2020, https://reliefweb.int/sites/reliefweb.int/files/resources/ OCHA%20Myanmar%20-%20COVID-19%20Situation%20report%20No%208.pdf 15 Ibid. 12 International Detention Coalition and Western Sydney University