Joint Media Statement - 6/10/2026
Malaysian MUST stop sending refugees and asylum seekers back to Myanmar in violation of human rights and international law against the principle of non-refoulement
1,473 already sent out of planned 5,000 when the reasons for fleeing from persecution still remains
We, the 21 undersigned groups, organizations and trade unions or are appalled and condemn the action of the Malaysian government that send back 1,473 Myanmar nationals/Rohingya, most probably refugees/asylum seekers, back to Myanmar, the very country from where they fled from fear of persecution. This is a breach of the principle of non-refoulement which is a fundamental rule of international law that bans countries from returning any person to a place where they would face torture, cruel treatment, persecution, or other serious harm.
It is also a violation of Article 14 of the United Nations Declaration of Human Rights, that states, amongst others, that ‘Everyone has the right to seek and to enjoy in other countries asylum from persecution.’
The is the first batch of 5,000 that Malaysian plans to send back to Myanmar after an agreement was made. It was reported that ‘Malaysian Prime Minister Anwar Ibrahim said Myanmar has agreed to take 5,000 Rohingya asylum seekers currently in Malaysia, where there has recently been tension between the refugees and local communities.’(Reuters, 30/6/2026), and after this statement, many including UN urged Malaysia to reconsider, also because "Given the ongoing conflict across Myanmar, current conditions do not support the safe and sustainable return of refugees from Myanmar,"
Despite calls to stop the sending of these 5,000 back, Malaysia proceeded with the sending of the 1st batch of 1,473 on Tuesday (29/9/20260, using 3 Myanmar naval vessels. According to the Malaysian home ministry, this included 27 children, comprising 20 boys and seven girls.
Malaysia still plans to repatriate another 3,524 Myanmar nationals, being the next phase of the repatriation programme, whereby the date is yet to be confirmed by Myanmar and/or Malaysia.
What makes it worse, is that this happens when the Myanmar’s military government is still actively in conflict/war with the ethnic minorities and also the National Unity Government (NUG) People's Defence Forces (PDFs).
Even on 29/9/2026, the government military airstrike on riverside commercial hub in Kyauktaw town in western Rakhine state on Monday that killed around 50 persons, including "innocent passersby, market vendors, shoppers and cargo loaders" France24, 29/9/2026.
The situation of Myanmar and the reason for REFUGEES
The conflict with the different minority ethnic groups of Burma (now Myanmar) and the Burman/Brama majority ethnic group government started since Independence in 1948. The ethnic conflict, including armed conflict, and is still ongoing.
It started allegedly because of broken post-independence autonomy promises. Tensions boiled over after the central government failed to fully honor the 1947 Panglong Agreement, which had promised regional autonomy and political rights for ethnic minorities. The affected minority groups include the Shan, Karen, Rakhine (Arakanese), Mon, Chin, Kachin and Kareni ethnic minorities.
Then, in 1962, Myanmar’s military junta ousted the democratic government, and this caused many members and supporters of political parties fleeing the country in fear of persecution by the State.
Even recently, on February 1, 2021, the military yet again seized power. President Win Myint, Aung San Suu Kyi, and other NLD members were detained.
This is the reality of Myanmar, and thus many refugees have fled – including those from the persecuted ethnic groups and members of democratic forces – including also supporters and members of political parties, and Human Rights Defenders and civil society struggling to restore democracy.
Who are the Rohingya?
The Rohingya are an ethnic minority group that have long lived in the Arakan region of western Myanmar. As Muslims in an overwhelmingly Buddhist country, the Rohingya have often experienced discrimination and persecution. In 1982, Myanmar passed a law that removed the Rohingya from a list of ethnic groups eligible for citizenship. As a result, most Rohingya lost their citizenship, and with it, their most basic rights and freedoms.
The 2017 brutal military crackdowns by the Tatmadaw (Myanmar military) in Rakhine State forced over 700,000 Rohingya to flee into Bangladesh, resulting also in mass killings, sexual violence, and village arsons.
More than a million Rohingya have since fled Myanmar into neighboring countries, notably Bangladesh. Including Malaysia.
A 2019 report from the United Nations Independent International Fact-Finding Mission on Myanmar concluded that the violence amounted to the “gravest crimes under international law.”
The International Court of Justice (ICJ) will soon rule on a case filed by Gambia, whether Myanmar committed GENOCIDE. (Conversation, 27/9/2026)
Human Rights Commission of Malaysia states Malaysia has done wrong
The Human Rights Commission of Malaysia (SUHAKAM) has urged the government to halt any further repatriation of Myanmar refugees. It said it was customary international law that refugees should not be returned to their home country if they face a real risk of persecution, torture or other serious harm.
“Being a principle of customary international law, this principle binds all states regardless of whether or not they are parties to the Refugee Convention. This means that Malaysia, although not a party to the Refugee Convention, is bound to adhere to this principle. “Hence, Malaysia is prohibited by international law from repatriating any refugee or asylum seeker to Myanmar if there is a reasonable risk that their life or freedom will be threatened on account of their race, religion, nationality, membership of a particular social group or political opinion. “Any violation of this cardinal principle is a violation of international law,” the commission said in a statement. (FMT, 1/10/2026)
No TRANSPARENCY on who was sent back to Myanmar
Malaysia to date has not revealed the identity of those sent back to Myanmar – how many Rohingya? How many ethnic minority who are still in conflict with the State? How many are supporters of political parties or are fighting for democracy? Malaysian Prime Minister Anwar Ibrahim said Myanmar has agreed to take 5,000 Rohingya asylum seekers currently in Malaysia (Reuters, 30/7/2026).
Did those sent back AGREE to being returned to Myanmar?
There is concern as to what Myanmar will do with these returned refugee/asylum seekers – will they be arrested, detained and/or persecuted? Malaysia claimed that those returned had given their consent – but this alleged ‘consent’ was never verified by any independent body, be it the UN or even The Human Rights Commission of Malaysia (SUHAKAM).
As such, we, the undersigned,
A) Call on Malaysia to immediately STOP sending back to Myanmar most likely refugees and/or asylum seekers including stateless Rohingya, which is a gross violation of Human Rights and international law;
B) Calls on Malaysia to monitor what actually happens to the 1,473, including 27 children, that was already sent back to Myanmar on 29/9/2026. Real concern as to whether they may end up being arrested, detained and persecuted by Myanmar regime;
C) Calls on Malaysia to respect Human Rights and International Law, and NOT violate the principle of non-refoulement, that that prohibits countries from returning any person to a place where they would face torture, cruel treatment, persecution, or other serious harm;
D) Call on Malaysia, who is not yet a signatory of the Refugee Convention, to speedily enact a law that recognizes refugees and asylum seekers. Malaysian law currently only recognizes foreigners who are legally or illegally present in Malaysia, and thus refugees and asylum seekers are NOT RECOGNIZED in law. The Malaysian position on refugees now is based on the policy of sitting government, and Prime Minister Anwar Ibrahim’s government position has now resulted in refugees/asylum being sent back to the country they fled from to avoid risk to their life or freedom being threatened on account of their race, religion, nationality, membership of a particular social group or political opinion. Policies are precarious and can change anytime, thus a clear law enacted by Parliament is best; and
E) Call on Malaysia to ratify the 1951 Refugee Convention and its 1967 Protocol that define the term 'refugee' and outline their rights and the international standards of treatment and protection of refugees and/or asylum seekers.
Charles Hector
For and on behalf the 21 organisations/groups listed below
ALIRAN
MADPET (Malaysians Against Death Penalty and Torture)
Asia Human Rights and Labour Advocates (AHRLA)
Banglar Manabadhikar Suraksha Mancha (MASUM), India
Building and Wood Workers International (BWI)
Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
Center for Orang Asli Concerns (COAC)
Gindol Initiative for Civil Society Borneo
Global Women’s Strike, UK
Global Women’s Strike, US
Haiti Action Committee
Legal Action for Women, UK
MAP Foundation, Thailand
Parti Rakyat Malaysia (PRM)
Payday Men’s Network, UK/US
Programme Against Custodial Torture & Impunity (PACTI), India
Tenaganita
The Foundation Day of the Endangered Lawyer
Vietnam Committee on Human Rights (VCHR)
WH4C (Workers Hub For Change)
Women of Color/Global Women’s Strike US/UK
Note: 2 more organisations have since endorsed this Joint Statement, being
Hawai'i Institute for Human Rights
North South Initiative
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