Forced repatriation of Rohingiyas to persecuting state will violate customary international law

Authorities must allow HRCSL to intervene without further delay

The Sri Lankan Government must not violate international law by attempting to forcibly “return” or repatriate the 103 Rohingya to Myanmar, where the international community accuses the military junta of continually persecuting and unleashing targeted violence against the Rohingya minority, which They have been forced to leave Myanmar, crossing borders and on the high seas, risking their lives. Any such irresponsible measure will be like throwing the Rohingyans back into the lion’s den!

In a country like Sri Lanka, universally known for its Buddhist compassion, it will be a distressing story for the world to know that Sri Lanka cannot take care of 103 persecuted people, 51 of whom are minors, until at least the signatory countries of the 1951 Convention The Refugee Convention or the Geneva Convention are encouraged to take them to their countries. In 2017, Canada granted refugee status to the Rohingyans and settled them in Canada from Sri Lanka.

A US report claims that in the United States the Rohingyans were welcomed upon arrival by Buddhists from Myanmar, who had previously settled after escaping the oppressive junta in Myanmar. In Sri Lanka too, we have seen many Sri Lankans from all communities speaking on behalf of the Rohingya from a humanitarian platform, overcoming ethno-religious considerations and reflecting on globally respected Sri Lankan values.

Authorities should begin talks with the United Nations High Commissioner for Refugees (UNHCR) through the UN office in Colombo and not with the globally isolated military junta in Myanmar. They must act in accordance with the due process of international law and grant those seeking refuge from an oppressive state the opportunity to apply for refugee status in countries economically stronger than Sri Lanka. Until then, there are many here who will bear the cost of their temporary stay in Sri Lanka, forced by oppressive circumstances.

The Directive Principles of State Policy and Fundamental Duties of Chapter VI of the Constitution of Sri Lanka state in Article 27(15) as follows: “The State shall promote international peace, security and cooperation, and the establishment of good order. fair and equitable international economic system. and social order and will endeavor to promote respect for international law and conventional obligations in relations between nations.” The Supreme Court has interpreted the State’s obligations to give due consideration to international law obligations in several rulings, including in cases where the State is not a party to any specific treaty. However, the UDHR is a convention to which Sri Lanka is a signatory.

The authorities must facilitate the HRCSL to intervene promptly

Meanwhile, Sri Lankan authorities should quickly facilitate the Human Rights Commission of Sri Lanka (HRCSL) to visit and interview, as a humanitarian matter, the 103 Rohingyans from Myanmar previously stranded on the high seas and successfully rescued on December 19. and brought ashore by fishermen and the Sri Lankan community. Lankan Navy and are currently confined in an armed forces camp in Mullaitivu.

It is universally known that more than 2.5 million Rohingya have fled Myanmar from 2017 onwards and with increasing intensity since the 2021 coup and again in March 2022 and December 2024 following targeted persecutions against the Rohingya ethnic group in particular. A large number of them had died or were estimated to be missing in Myanmar: more than 25,000. Another large number had died on the high seas seeking refuge anywhere in the world.

Countries that have taken in Burmese Rohingyans fleeing persecution include Bangladesh, India, Thailand, Malaysia, Canada, the United Kingdom and the United States.

The rescued Rohingiyas reportedly consist of 55 women, of whom 27 are girls under the age of 16 and 48 men, of whom 24 are boys under the age of 16, of whom 103 sought refuge and another 12 facilitated their journey. .

The Universal Declaration of Human Rights (UDHR) of 1948, in its article 14, establishes: “Everyone has the right to seek and enjoy asylum in other countries from persecution.” Sri Lanka is a party to this international convention sponsored by the United Nations. The persecution in Myanmar is well known. The violent persecution of the Rohingyans is well documented and established beyond debate.

The authorities should allow HRCSL to intervene without further delay and without the authorities looking for technicalities. HRCSL will ensure that Article 14 of the UDHR and related provisions of applicable treaties are duly respected.

Authorities dealing with the matter should note that the HRCSL has wide powers, including contempt of the Commission, punishable by the Supreme Court “if any person refuses or fails to comply with the requirements of a notice or order or written direction.” issued or addressed to him by the Commission.”

The HRCSL is empowered to facilitate, through the United Nations High Commissioner for Refugees and the United Nations organization in Sri Lanka, repatriation to countries that agree to host them and prevent their repatriation to Myanmar, the country of persecution of the who fled with their children and dependents.

(The writer is a former MP).