GENEVA - A UN expert today urged Malaysian authorities to stop the ongoing repatriation of Myanmar nationals this week, and work with the United Nations system and others to address the situation of Rohingya and other Myanmar refugees in the country in line with its obligations under international law.
"I am gravely concerned the Government of Malaysia has begun to return 5,000 Myanmar nationals, including women and children, under a so-called "voluntary repatriation programme" agreed with the military authorities in Myanmar," said Kelley E. Currie, the Special Rapporteur on the situation of human rights in Myanmar. "Under international law, the Government of Malaysia is obligated to uphold the principle of non-refoulement and prevent the return of individuals to situations where they face a real risk of persecution, torture, or other serious human rights violations. In my assessment, the risk of refoulement in the present circumstances is substantial," Currie said.
According to available information, Malaysia began repatriating the first group of 1,476 individuals on 29 September 2026.
Against the backdrop of the ongoing armed conflict in Rakhine State, the Special Rapporteur also strongly condemned another horrific airstrike by the Myanmar military on 28 September on the India Market, a crowded marketplace in Pike Thae village, Kyauktaw Township in Rakhine State. More than 50 civilians are reported to have been killed and many more injured.
"With the death toll expected to rise as rescue efforts continue, there is an immediate need to stop normalising and legitimising the relentless and brutal violations of international law by the military using fixed-wing bombers to target civilians. I remind Myanmar military authorities of their obligations to protect civilians under international law applicable in armed conflict," Currie said.
"The ongoing armed conflict and widespread violence in Rakhine State, including systematic violations against the Rohingya population by all parties, indicate that the conditions necessary for a safe, dignified, sustainable, and genuinely voluntary return of refugees are currently not in place," the Special Rapporteur said.
She urged the Government of Malaysia to take note of the legal, humanitarian, and practical criteria required for voluntary repatriation and ensure the human rights of all Myanmar refugees in Malaysia are protected.
Currie said that the ongoing civil war endangers the remaining Rohingya population in Myanmar - particularly the violence directed at civilian populations and institutions in Rakhine state - and is driving outflows of new refugees from Myanmar.
"The conditions of internally displaced persons (IDP) camps in Rakhine State under the effective control of the military authorities have worsened to unimaginable levels of privation and we continue to receive fresh reports of atrocities committed against Rohingya civilians by armed groups on all sides of the conflict," she said. "Myanmar's military authorities continue to severely restrict access for independent humanitarian assistance or verification and monitoring of the conditions on the ground, including the conditions for any potentially returned persons."
