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A Lifetime in Detention: Rohingya Refugees in India

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By Daniel P. Sullivan , Priyali Sur , Ankita Dan | December 16, 2024

The Rohingya people of Myanmar are the world’s largest stateless population, estimated at some 2.8 million people. Denied citizenship and subject to decades of persecution by the military authorities in their home country, most of the Rohingya population was forced by genocidal violence to flee and is now spread across several countries. While the conditions of Rohingya refugees in countries like Bangladesh, Malaysia, Thailand, and Indonesia are widely documented, less attention is given to the approximately 22,500 Rohingya refugees registered with the UN Refugees Agency (UNHCR) who have fled to India. Even less attention is given to the hundreds of Rohingya who are arbitrarily and indefinitely detained in India and the fact that the broader population remains in constant risk of detention or even deportation back to Myanmar themselves.

From May to November 2024, The Azadi Project and Refugees International spoke to Rohingya refugee detainees in India, their families, and lawyers, including a visit to a detention center. The visits and interviews revealed gross violations of constitutional and human rights; and a failure by India to adhere to its commitments to international human rights treaties. Men and women are segregated, and spouses are not allowed time together. Older children are forcefully separated from their parents in a violation of India’s model detention code that states “families should not be separated.” This is just one of many gaps in following the model detention code in detention centers across India. Further, most Rohingya refugees are detained even after they have served their sentences. Children living in these detention centers have no access to formal schooling or playgrounds, and older people with age-related mobility issues are left at the mercy of fellow detainees for food and toilet access. Some of those still detained were infants at the time of their detention and have never had the chance to experience life outside the detention centers.

Poor sanitation and lack of ventilation has also led to severe mental health and physical ailments including temporary paralysis in many cases. There is no access to mental health support and only police-supervised visits to hospitals for physical ailments. Very limited access to legal aid and to international institutions like the UNHCR has meant many Rohingya refugees have been arbitrarily detained for over a decade (with no criminal charges) and with no end in sight. This includes pregnant women, breast-feeding mothers, children, differently-abled people, and older people.

Rather than revictimizing a population that has survived genocide, the Government of India (GoI) should take steps to provide dignified refuge, starting with immediately releasing the most vulnerable Rohingya detainees and ending the arbitrary detention of more Rohingya. In the longer term, India should clarify the legal status of Rohingya, revise the Foreigners Act of 1946, and ensure its policies toward refugees are in line with international standards. In the meantime, the United States and UNHCR should engage India toward the release of detained Rohingya refugees and expansion of registration of refugees, and should support local civil society organizations working in India to improve the living conditions of Rohingya refugees.

Recommendations

The Government of India should:

  • Release all Rohingya refugees who have been arbitrarily and indefinitely detained, starting with the immediate release of the most vulnerable, including pregnant and breast-feeding women, children, differently-abled people, and older people.
  • Stop any further arbitrary detention of Rohingya refugees for accusations of being illegal immigrants or under the Foreigner’s Act, 1946. Set up fast-track courts for clearing the long pending backlog of cases concerning arbitrary and indefinite detention of refugees.
  • Unite Rohingya children forcibly separated from parents and make provisions for families to live together with dignity, both inside and outside of detention.
  • Clarify the legal status of Rohingya and other refugees by introducing a comprehensive refugee and asylum legislation that outlines a uniform protocol for the humane treatment of all refugees. In the interim, amend the Foreigners Act, 1946, to recognize refugees as a group of foreigners fleeing persecution to prevent their arbitrary detention and deportation.
  • Align practices with international human rights standards and laws that India has signed or ratified, such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the Convention on the Elimination of Racial Discrimination (CERD), which safeguard against arbitrary and indefinite detention. Also, align with UNHCR detention guidelines, which emphasize that indefinite detention is arbitrary and maximum limits on detention should be established in law.
  • Recognize UNHCR-provided refugee cards as valid identity cards or documents to access essential services and prevent arbitrary detention.
  • Create alternatives to detention such as community-based living with regular check-ins, supported by UNHCR and local civil-society organizations, which will allow Rohingya refugees to live in the community and access education and livelihood opportunities while their legal status is resolved.
  • Engage in diplomatic discussions with Myanmar, the United States, and ASEAN and SAARC nations to address the plight of the Rohingya refugees in the region and advocate for ceasing genocidal violence on the Rohingya people.

The United Nations Refugee Agency (UNHCR) in India should:

  • Advocate with the GoI and local state governments for visiting rights at all places where Rohingya refugees are detained to carry out a census of Rohingya refugees in detention in India and determine the exact number of detained refugees, vulnerabilities, number of years spent in detention, and asylum seeking status.
  • Carry out refugee registration and set up legal aid camps with partner organizations at detention centers to ensure that no Rohingya refugee is left without a refugee card, and to provide legal aid access to all Rohingya refugee families in detention.
  • Advocate with the GoI and local state governments to start refugee registration and refugee status determination in key locations where Rohingya refugees enter the country, such as Assam, so that they are not arbitrarily detained by the police before they can even get to New Delhi for registration purposes.
  • Collaborate with local NGOs and civil society organizations to enhance service delivery to detained Rohingya refugees, while working closely with local authorities to improve the conditions in detention centers by providing basic life necessities, psychosocial support, skills-training, legal aid, and formal education.

The Government of the United States should:

  • Engage directly with the Indian government during bilateral meetings and through diplomatic channels to advocate for the release of Rohingya refugees who are detained arbitrarily and unlawfully. In the interim, push for improved conditions at the detention centers and immediate family reunifications.
  • Raise the issue of unlawfully detained Rohingya refugees in international forums, such as the United Nations, urging collective action and highlighting India’s obligations under international law.
  • Provide financial assistance to non-profit and civil society organizations working in India to improve the living conditions of Rohingya refugees, including those in detention.
  • Encourage U.S. corporate and multinational organizations working in India to fund non-profit and civil society organizations working for Rohingya refugees as part of their Corporate Social Responsibility (CSR).