Forcible repatriation of Rohingiyans to persecuting State will violate customary international law

HRCSL must be allowed by the authorities to intervene without any  further delay

The Sri Lankan Government must not violate international laws by seeking to forcibly ‘refoul’ or repatriate the 103 Rohingyans back to Myanmar where the military junta stands accused by the international community of continuously persecuting and unleashing targeted violence on the Rohingyan minority, who have been forced thereby to leave Myanmar, across borders and high seas risking their lives. Any such irresponsible move will be akin to throwing the Rohingyans back into the lion’s den! 

In a country as Sri Lanka, universally reputed for Buddhist compassion, it will be a distressing story for the world to know that Sri Lanka cannot look after 103 persecuted persons, 51 of whom are minors, until at least countries who are signatories to the 1951 Refugee Convention or the Geneva Convention are encouraged to take them over to their countries. In 2017, Canada gave refugee status to the Rohingyans and settled them in Canada from Sri Lanka. 

A US report states that in the United States the Rohingyans were on arrival welcomed by Myanmar Buddhists, who had settled earlier having escaped the oppressive junta in Myanmar. In Sri Lanka too we have seen many Sri Lankans from all communities speaking for the Rohingyans from a humanitarian platform, rising above ethno-religious considerations and reflecting on globally respected Sri Lankan values. 

The authorities must open discussions 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 according to due process of international law and grant those seeking refuge from an oppressive State the facility to apply for Refugee status in countries more economically strong than Sri Lanka. Till 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 in Chapter VI of the Sri Lanka Constitution provides in Article 27(15) states: “The State shall promote international peace, security and co-operation, and the establishment of a just and equitable international economic and social order and shall endeavour to foster respect for international law and treaty obligations in dealings among nations.” The Supreme Court has interpreted the obligations of the State to give due regard to international law obligations in several judgments, even in instances where the State is not a party to any specific treaty. The UDHR however is a convention to which Sri Lanka is a signatory.

Authorities must facilitate the HRCSL to promptly intervene

 Meanwhile the Sri Lankan authorities must promptly facilitate the Human Rights Commission of Sri Lanka (HRCSL) to visit and interview as a humanitarian issue the 103 Myanmar Rohingyans stranded earlier in the high seas and successfully rescued on 19 December and brought ashore by fishermen and the Sri Lankan Navy and who are presently confined to an armed forces camp in Mullaitivu. 

It is universally known that over 2.5 million Rohingyans have fled Myanmar from 2017 onwards and more intensely since the 2021 coup and again in March 2022 and December 2024 following targeted persecutions of ethnic Rohingyans in particular. A large number had been killed or estimated missing in Myanmar numbering over 25,000. Another large number had died in the high seas in their search for refuge in any part of the world. 

A number of countries which had taken the Myanmari Rohingyans fleeing persecution include Bangladesh, India, Thailand, Malaysia, Canada, the UK and the USA.

The rescued Rohingiyans comprise according to reports 55 females of whom 27 are girls below 16 years and 48 males of whom 24 are boys below 16 years totalling 103 seeking refuge and 12 others who facilitated their travel. 

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

HRCSL must be allowed by the authorities to intervene without any further delay without the authorities looking for technicalities. HRCSL will ensure that article 14 of the UDHR and related provisions of the applicable treaties are duly honoured.

The authorities handling the issue must note that the HRCSL has wide ranging 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 written order or direction issued or made to him by the Commission”. 

The HRCSL is empowered to facilitate through the UN High Commissioner for Refugees and the UN organisation in Sri Lanka the repatriation to countries agreeing to take them and to prevent their repatriation to Myanmar, the country of persecution from where they fled with their children and dependents. 

(The writer is a former MP.)