Photo courtesy of Kumanan
Since the escalation of the conflict by a military takeover in February 2021, more than 1.3 million refugees and asylum seekers from Myanmar are hosted in other countries around the world. The Rohingya are a Muslim ethnic group that has lived in Myanmar, previously known as Burma, for centuries. Myanmar is predominantly Buddhist, and the Rohingya have faced persecution due to their religious and ethnic identity. Over the years, this minority group has struggled for recognition and basic human rights. Although most of the Rohingya are living in refugee camps in neighboring Bangladesh, the living conditions of those camps has pushed some of them to seek refuge elsewhere, often by using dangerous sea routes.
In the first month of 2024, there were 311 registered refugees and 180 registered asylum seekers with the United Nations High Commissioner for Refugees (UNHCR). Among those, 105 were Rohingya refugees. Then in late December 2024, a boat with 115 Rohingya asylum seekers from Myanmar, many of them being children, arrived in Sri Lanka. Most were taken to the Air Force camp in Mullaitivu and have been held there since, with the government preventing access to human rights activists and organizations to monitor their situation. According to Article 14 (1) of the Universal Declaration of Human Rights, everyone has the right to seek and enjoy asylum from persecution. When refugees are placed in militarized conditions, their safety and freedom are often compromised. The armed forces are not trained to understand or respond to refugee needs, especially those of women or children, who are the majority among this group of refugees, which threatens to further compromise their wellbeing. Additionally, being surrounded by armed forces or restricted to controlled areas, they may face re-traumatization or threats of violence, abuse or intimidation. This undermines their right to seek asylum in safety and dignity, turning a place of refuge into one of fear and confinement.
The 1951 Convention on the Status of Refugees and its 1967 Protocol are the key legal documents that form the basis of international refugee law, defining who a refugee is, their rights and the legal obligations of states towards them. Sri Lanka has not yet ratified those documents, meaning that refugees in the country are extremely vulnerable and lack legal protection. The government also has no structures in place for refugees but allows them to remain in the country while they submit their application to the UNHCR and are redirected to a third state. However, due to their lack of legal status, they are unable to work in Sri Lanka. This makes them dependent on the living allowance provided by UNHCR but if they are an asylum seeker, they do not qualify for that allowance and have to seek help from other non-governmental organizations. However, in December 2024 the UNHCR office in Sri Lanka terminated its operations and is now replaced by a single liaison officer onward into 2025. They had already gradually started the elimination of resources such as the allowance given to refugees in the country back in December 2023.
On top of the closure of the UNHCR office, the government was in talks with the Myanmar government and were planning the deportation of the 115 Rohingya back to the war-ravaged country. On January 3, the Minister of Public Security stated that the arrival of the Rohingyas was viewed as a case of human trafficking rather than one of refugees or asylum seekers. The minister mentioned the possibility of deporting them to Myanmar and noted that the government had shared information about these individuals with Myanmar authorities and was engaged in discussions with them.
Deporting the Rohingya back to Myanmar would have meant returning them to a country where they are violently persecuted and are also stateless. In 1982, Myanmar enacted a Citizenship Law that effectively stripped the Rohingya of their citizenship. The law gives full citizenship only to those part of recognized “national races.” Since the Rohingya are not included in this category, they are classified as foreigners. This means they do not have the ability to get healthcare, education, employment, housing, get married or even get basic human rights. Without these rights, they are extremely vulnerable to abuse such as human trafficking, sexual violence and forced labor.
Asia Director at Human Rights Watch Elaine Pearson said, “Ethnic Rohingya and Rakhine civilians are bearing the brunt of the atrocities that the Myanmar military and opposition Arakan Army are committing. Both sides are using hate speech, attacks on civilians, and massive arson to drive people from their homes and villages, raising the specter of ethnic cleansing.” This means that deporting them back to their country, where the current power is actively persecuting them, is basically a death sentence.
Following the announcement of the deportation plans, a protest was held in Mullaitivu, where the Rohingyas are held by the Air Force. The North-East Coordinating Committee (NECC), together with local women’s community organizations, human rights advocates, fisher associations and journalists, urged the government to honor its commitments under international humanitarian law.
On February 2, Foreign Minister Vijitha Herath’s office announced that after a discussion with the UN, Sri Lanka will continue to offer shelter to the 116 Rohingya refugees until they can be relocated to another country. Canada and Australia are being considered as options, with the US being rejected due to the new president’s administration’s policies. Still, there is concern about the level of care provided to these individuals. According to the recently released report by the Human Rights Commission, 57 refugees are children, including one three month old child and 17 who are under five years old. The daily allocation of Rs. 500 rupees is insufficient to provide nutritious meals, and donations to the camp from NGOs have not been accepted since late December. Additionally, 12 men from the group were detained on suspicion of human trafficking but were released and reunited with the others in the Air Force base after a hearing in the Trincomalee Magistrate Court on January 10. The Department of Immigration was scheduled to give statements on the case on Friday January 31 but the hearing was postponed until February 28.
The situation of the Rohingya refugees in Sri Lanka shows the serious risks they face without proper legal protections or support. Being held in militarized camps puts their lives in danger and sending them back to a country where they are persecuted and denied basic rights goes against international human rights standards. Sri Lanka must protect these refugees and treat them with dignity while the global community steps up to help find a safe and lasting solution for the Rohingya people.