Malaysia begins repatriation of 1,476 Myanmar nationals amid rights concerns

Malaysia began the first phase of a programme to repatriate 1,476 Myanmar nationals on Tuesday (29 September), with the group due to return to Myanmar under an arrangement that has prompted concern from the United Nations refugee agency and human rights organisations.

The group is the first batch under Malaysia’s plan to repatriate 5,000 eligible Myanmar nationals in stages. Malaysia’s Home Ministry has described the returns as voluntary and said those selected had agreed to return.

The first phase is being carried out using two Myanmar Navy warships and a hospital ship, according to the Home Ministry. The ministry said the programme was agreed and coordinated with the Myanmar government and would be carried out according to procedures agreed by both countries.

Local reports said buses carrying the returnees arrived under police escort at a stadium in Manjung, near the Lumut naval base in Perak, where they were expected to undergo processing before being taken to the naval base.

Malaysia says returns are voluntary

Malaysia’s Home Ministry announced the first phase in August, saying the 1,476 people had been identified by the Myanmar government through a diplomatic note dated 13 August.

The ministry said it would continue identifying other Myanmar nationals who were eligible and willing to return voluntarily. It also said Malaysia was continuing direct diplomatic discussions with Myanmar to ensure the process was conducted in an orderly and dignified manner and agreed by both countries.

The programme involves people held at Malaysian immigration detention depots. As of 15 August, 10,388 Myanmar nationals were being held at such facilities, although Malaysia stressed that the figure included all detained Myanmar nationals and should not be treated as the number of refugees.

The Immigration Department and police are conducting checks on detainees, including their identities, citizenship, immigration status, asylum claims and security backgrounds.

Myanmar's Foreign Ministry said the two governments had coordinated the return of 1,476 verified Myanmar nationals detained in Malaysia. It said the individuals had faced difficulties returning after serving sentences for illegal stay and other immigration violations.

Myanmar previously repatriated 1,086 nationals from Malaysian immigration detention centres in 2021 using Myanmar naval vessels under a humanitarian arrangement, according to its Foreign Ministry.

Rohingya status remains unclear

The exact ethnic composition of Tuesday’s first group has not been publicly disclosed by Malaysian authorities.

Malaysia’s wider repatriation plan has been closely associated with the Rohingya, a predominantly Muslim minority from Myanmar who have faced decades of persecution and displacement. Prime Minister Anwar Ibrahim previously said Myanmar had agreed to accept 5,000 Rohingya refugees.

The ethnicities of the 1,476 people in the first group had not been disclosed.

Malaysia’s Home Ministry has separately said that more than 95 per cent of refugees in the country originate from Myanmar, including Rohingya, Chin, Karen and Mon communities.

UNHCR estimates that Malaysia hosts about 193,800 refugees from Myanmar, including Rohingya and other ethnic groups, based on data reported earlier this year.

Malaysia is not a signatory to the 1951 Refugee Convention and does not have a formal legal framework recognising refugees.

UNHCR says it is not involved

The UN Refugee Agency (UNHCR) said it was not involved in Malaysia’s planned repatriation programme and warned that Myanmar remained unsafe for refugees because of continuing armed conflict and violence.

UNHCR said any return should be voluntary, based on an informed decision and carried out in conditions of safety and dignity. It also said people should not be returned to a country where their rights or freedoms could be at risk.

The agency said it remained ready to engage with Malaysian authorities on protection safeguards for those affected by the returns.

Malaysia has maintained that the process is voluntary and that screening and coordination with Myanmar authorities are being carried out before people are returned.

Rights groups raise concerns over safety

Human rights organisations have also opposed the planned returns.

Amnesty International Malaysia said in August that the first group, which it described as mostly Rohingya, should not be returned while conflict and serious human rights violations continue in Myanmar.

It called on Malaysia to halt returns where people could face persecution, serious rights violations or other irreversible harm.

Human Rights Watch similarly said conditions for a safe, dignified and voluntary return to Myanmar did not currently exist. It said Rohingya remained particularly vulnerable because of restrictions on their rights in Myanmar and continuing conflict in Rakhine State.

More than 160 civil society organisations subsequently issued a joint appeal calling on Malaysia to stop planned returns of Rohingya refugees, citing concerns over continuing violence and the security situation in Myanmar.

The Malaysian government has continued with the first phase of the programme, while saying the returns are voluntary and are being coordinated with Myanmar.

The remaining people covered by the wider 5,000-person arrangement are expected to be returned in phases, subject to verification and agreement between the two governments.