A game of human ping-pong

In the first six months of 2020, at least 500 people were stranded at sea after countries in Southeast Asia failed to take action to allow them to disembark, with some countries intercepting and pushing refugee boats back out to international waters.

Despite their extreme distress—they faced a shortage of food and water, physical and sexual abuse, and rough weather conditions at sea—these refugees were denied access to life-saving assistance.

Where passengers were allowed to disembark, the overwhelming majority were detained in camps or quarantine centers. Refugees who were returned to Bangladesh after other countries had closed their borders were sent to a remote island, Bhasan Char, where they remain confined.

The impact of detention on children is significant, especially as they make up 36 percent of survivors from recorded maritime incidents in 2020. Children who travel unaccompanied face a higher risk of mistreatment in custody and receive little assistance. Psychologists have noted that detaining refugee and asylum-seeking children takes a severe toll on their mental health and may even affect their cognitive development.

The longer at sea, the deadlier their fate

UNHCR has made clear that interception and pushback practices by authorities directly or indirectly result in death or refoulement—the forced return of refugees back home to face persecution. Under the law of the sea, states have a duty to render assistance to those in distress at sea. Rescue missions, and safe and timely disembarkation of boats in distress is critical to preventing the loss of refugee lives.

Still at the margins of society

As a stateless people, Rohingya refugees are almost always unable to obtain the paperwork required to legally enter another country. Desperately seeking safety, they are left with no recourse but to travel to other countries without proper documentation. Upon arrival as undocumented persons, they find themselves unable to access education, employment, or proper healthcare in the countries they take refuge in.

Sold for sex

Refugee women and girls can end up abused and exploited in the local sex trade. Some become child brides. Many who travel to their destination countries to marry Rohingya men, who paid to smuggle them, reportedly end up living in slavery-like conditions, not unlike what they experience on the boats.

Is Southeast Asia protecting refugees?

Irrespective of the international treaties they have ratified (or not), countries in Southeast Asia are bound by customary international law. This obligates states to render assistance to persons in distress at sea and protect refugees and asylum-seekers from refoulement. That said, the implementation of these laws is still left to the will of national governments.

Refugee rights in ASEAN

Sources: United States Department of State’s 2019 Country Reports on Human Rights Practices, UNHCR Global Appeal 2011, 2019 Refugee Work Rights Report, Save the Children and Asia Pacific Refugee Rights Network’s Unlocking Childhood, UNHCR Global Trends 2019

International and domestic frameworks alone—where they are present—are not enough to protect the rights of refugees. Without protection from arbitrary detention and refoulement, Rohingya refugees lie anxiously in wait of arrest or deportation from their host country. And with no access to legal employment, they struggle to make ends meet with informal, low-paying jobs. Refugees and other undocumented migrants are deprived of access to basic education or healthcare, lacking the means to earn a stable income.

Among the Association of Southeast Asian Nations (ASEAN), only Cambodia and the Philippines are signatories to the 1951 UN Refugee Convention. Despite regional frameworks to protect the rights of refugees, victims fleeing religious or political violence in neighbouring countries face a severe lack of formal protection. Human rights experts also note that domestic frameworks on refugee protection have often failed to meet international human rights standards.

However, many ASEAN countries do host refugees within their territory, even if they are not signatories to the UN Refugee Convention. These countries work with UNHCR to provide temporary protection.

In 2016, Indonesia signed Presidential Regulation No 125 on the treatment of asylum seekers, a piece of legislation triggered by the 2015 Andaman Sea crisis. With this, the duty to rescue refugees stranded in Indonesian waters and pursue alternatives to detention for refugees and asylum seekers are enshrined in Indonesian law.

Similarly, Thailand introduced the National Screening Mechanism (NSM) in 2019. While not a full-fledged asylum system, it has the potential to grant some measure of international protection to persons in need of it.

COVID-19 has made it worse for refugees

Rohingya refugees have been persecuted and forced into terrible conditions for decades. Still, 2020 has been exceptionally difficult for the thousands seeking a way out of their circumstances. As COVID-19 paralysed economies, upended societies, and sent fear rippling through every aspect of daily life, countries have closed their doors on refugees at their borders.

Earlier this year, boats carrying Rohingya passengers were left adrift at sea as regional governments strove to contain the spread of the virus. Border management measures saw authorities turning away boats in distress, risking the lives of those on board.

Refugees who cannot disembark often face more precarious situations—they are forced to return to where they came from or attempt to disembark in secret. Such covert landings can hinder national health and security efforts, as persons who arrive clandestinely are more likely to bypass health screening and quarantine measures.

What needs to be done?

As UNHCR states, beating the pandemic should not come at the cost of denying Rohingya access to international protection. As long as refugees are not protected and given opportunities for asylum, they will be the target of unscrupulous smugglers and human traffickers who exploit and profit from people’s vulnerabilities. Human rights groups have appealed to states to scale up search and rescue missions and provide humanitarian assistance to refugees found at sea.

Mohammed Hasan, 17-year old boy

When a 17-year-old Rohingya child is allowed to study and work, that child gets a shot at leading a normal life. Most Rohingya who cross borders endure unspeakable tragedy and hardship for this very chance at a different life—one without the crippling fear of persecution, poverty, or violence back home.

Without a lasting solution, the Rohingya will remain vulnerable to state coercion and exploitation wherever they go. This is why refugees require stronger protection, commitment, and solidarity from nations in the region.

When people who fear for their lives cross a border, they become the shared responsibility of both their home and host countries. The sooner we embrace this, the closer we get to creating a safer world for the Rohingya and other refugee populations.

How can you help?

• Have conversations at home, in school or at work about the issues affecting refugees.

• Volunteer with the United Nations or with a refugee organisation near you. You could offer your skills to teach refugees a language, craft, or sport.

• Help refugees get work. Hire a refugee, support a refugee-owned business or offer training or volunteer opportunities to refugees.

• Become a supporter and advocate! Join a campaign that raises awareness about refugee issues and shows solidarity.

• Help refugees integrate. Show them your hometown, invite them to activities like watching football together or having dinner.

• Donate. It might not feel very hands-on to you, but your donation will make a huge difference in the life of a refugee.

For more information, check the Get Involved page on UNHCR's website. There are some interesting campaigns like the Youth with Refugees Art Contest or other opportunities like internships with UNHCR.