Since March 2020, hundreds of Rohingya refugees have remained stranded on boats off the coasts of Malaysia, Thailand, and Indonesia as authorities are refusing to allow the occupants to come ashore. As countries have locked down their borders, the nation states most affected are placing the onus on others to take the refugees in. Human Rights Watch’s Asia Director Brad Adams asserts that “Southeast Asian governments are callously passing the buck on protecting Rohingya refugees…”. The situation is presenting an entirely new problem to the ongoing crisis: the obligations of nation states not to return asylum seekers to places of persecution and the need to protect one’s own population during a pandemic.
In a time of desperation to escape the overcrowded refugee camps in Cox’s Bazar, Human Rights Watch asserts that boats of Rohingya refugees left for Malaysia between January and March 2020. According to reports received by Medecins sans Frontieres, many refugees suffered physical abuse at the hands of smugglers after paying large sums of money for the promise of a better future at their destinations. As the boats approached coasts of the Southeast Asian nations, they were intercepted by authorities and pushed back to sea, leaving hundreds of Rohingya people stranded for months without adequate supplies. Reports were received that existing supplies were being rationed, with some receiving only one cup of water per day, and organisations estimate that hundreds died at sea.
A CAPRICIOUS RESPONSE
As pressure was mounting for countries to uphold their international obligations, focus was shifted towards who was responsible for accepting the refugees. Between April and June, Bangladesh, Malaysia and Indonesia rescued a number of stranded refugees off their coasts, many of whom have been detained. In one situation, local fishermen defied direction of Indonesian authorities and rescued 94 Rohingya refugees after failed pleadings with the government to act. However, each nation has made it clear that these are temporary measures, and they hold no intention of resettling the displaced persons.
Malaysia’s Defence Minister has indicated that they intend to return the detained Rohingya to Bangladesh. However, Bangladesh has asserted they will refuse the acceptance of any more Rohingya refugees, placing the onus on Myanmar to resettle the displaced persons. Since 2017 approximately 900,000 Rohingya people have fled Myanmardue to fear of persecution, being victims of crimes against humanity and possible genocide. These approaches have been criticised by human rights groups due to the nations’ failure to uphold their non-refoulement obligations and using the pandemic as a pretext to impose a blanket ban on migration.
The Kaldor Centre’s Madeline Gleeson reflects on the similarities between the current situation and the Andaman Sea Crisis. In 2015, Indonesia, Malaysia and Thailand refused to accept boats that carried 8,000 Rohingya and Bangladeshi people stranded at sea, resulting in an estimated 4,000 deaths. In response to the crisis in 2015, the countries resolved to implement strategies should another instance of mass displacement occur in the region in the future, primarily through the Bali Process on People Smuggling, Trafficking in Persons, and Related Transnational Crime (‘Bali Process’). Despite the existing mechanisms in place to address the current crisis, the nation states continue to squabble over where the responsibility lies. Ban Ki-moon suggests that other countries in the area should offer their own support to the management of the crisis and offer alternative pathways of settlement.
On 26 June 2020, the Association of Southeast Asian Nations (ASEAN) met virtually for the 36th Annual Summit to discuss the complexities the pandemic posed for the region. Although it was expected the leaders would propose a resolution for the stranded boats after mounting pressure from human rights groups, little was said on this live issue. Neither ASEAN nor the Bali Process have created a collaborative response to the ongoing crisis.
The plight of the Rohingya people has become even more life-threatening, with the fear of COVID-19 spread further encumbering their right to recognition and resettlement. One survivor remarked “Everywhere you’re a refugee…In Myanmar you’re a refugee, in Bangladesh you’re a refugee, in the boat and in Malaysia too you’re considered a refugee.”
Alysha is an Australian criminal defence lawyer, advocating on behalf of disadvantaged adults and children in accessing justice. She is undertaking a Masters of Public and International Law at the University of Melbourne, with interests in refugee law, criminal justice and children in international law.