FACTSHEET

ROHINGYA REFUGEES 

UNITED STATES COMMISSION on

INTERNATIONAL RELIGIOUS FREEDOM

732 N. Capitol Street, NW, Suite #A714

Washington, DC 20401

202-523-3240

October 2020

By Patrick Greenwalt, Researcher

Introduction

Since the 1970s, the Rohingya people have repeatedly faced violence and persecution 

perpetrated by Burmese authorities, as documented by the United States Commission 

on International Religious Freedom (USCIRF) in multiple reports. In 1982, the 

government revoked their citizenship, and continues to prevent Rohingya from 

participating in elections, including the upcoming November 2020 elections. On 

August 27, 2017, the Burmese military launched yet another widespread and brutal 

attack on the Rohingya. The United Nations (UN) Special Rapporteur on the situation 

of human rights in Myanmar (UN Special Rapporteur on Myanmar) documented 

instances of Burmese military units involved in indiscriminate killings of civilians, 

mass rape, disappearances, arbitrary arrests, looting, and property destruction. As 

noted in USCIRF’s 2020 Annual Report, both government authorities and nonstate 

actors also shuttered and destroyed mosques; prevented Rohingya from worshipping; 

desecrated Qur’ans; and targeted imams for detention, torture, and killings. 

Well over a million Rohingya were forced out of their homes in Rakhine State due 

to the brutal and horrific violence perpetrated by the Burmese military; more than 

742,000 Rohingya sought refuge in Bangladesh, while 120,000 are internally displaced 

in camps within Rakhine State. The Rohingya have also sought refuge in Southeast 

Asian countries, particularly Indonesia, Malaysia, and Thailand. Yet authorities in 

these Southeast Asian countries often refuse them entry, stranding Rohingya refugees 

at sea. In early summer 2020, an estimated 1,400 were stranded at sea, with both 

Thailand and Malaysia refusing to grant disembarkation. By early August 2020, the 

number still at sea was estimated to be roughly 100–200. Human rights advocates fear 

a repeat of the 2015 crisis, when hundreds of Rohingya trying to escape violence in 

Burma died at sea off the coast of Thailand in what the UN termed “floating coffins.”

This factsheet focuses on the Rohingya who sought, or are seeking, refuge in 

Southeast Asia. First, it explains the role of the Association of Southeast Asian Nations 

(ASEAN) in addressing the refugee crisis. Next, it summarizes the religious freedom 

and humanitarian conditions facing the Rohingya people in Indonesia, Malaysia, 

and Thailand. Finally, the factsheet concludes with recommendations to the U.S. 

government to support Rohingya forced out and unable to return to their homeland 

in Burma.

www.USCIRF.gov

@USCIRF

Media@USCIRF.gov

Gayle Manchin

Chair

Tony Perkins

Vice Chair

Anurima Bhargava

Vice Chair

Commissioners

Gary Bauer

James W. Carr

Frederick A. Davie

Nadine Maenza

Johnnie Moore

Nury Turkel

Erin D. Singshinsuk

Executive Director

USCIRF’s Mission

To advance international 

freedom of religion or 

belief, by independently 

assessing and unflinchingly 

confronting threats to this 

fundamental right.
USCIRF Legislation Factsheet: ROHINGYA REFUGEES IN SOUTHEAST ASIA: October 2020 2

Refugee Convention & UN Refugee Agency

The 1951 Refugee Convention outlines a state’s 

obligations to refugees and its commitment to work 

with the UN High Commissioner for Refugees 

(UNHCR) in order to ensure that the rights of 

refugees are respected and protected. The convention 

initially only applied to those individuals displaced 

within Europe before January 1, 1951; the 1967 

Protocol Relating to the Status of Refugees removed 

this temporal and geographic limitation. Indonesia, 

Malaysia, and Thailand are not parties to the 1951 

Refugee Convention or the 1967 Protocol, but in 

practice all three governments do coordinate with and 

rely on the expertise of UNHCR in order to address 

flows of migrants and refugees within their countries.

ASEAN

Founded on August 8, 1967, the Association of 

Southeast Asian Nations is a regional intergovernmental 

organization composed of ten member states from 

Southeast Asia. Its intended aim is to promote regional 

stability and cooperation, including by accelerating 

economic growth, social progress, and cultural 

development. Although it is an important forum for 

discussing regional initiatives, its consensus-driven 

decision-making and respect for state sovereignty mean 

that it has little power to enforce international human 

rights standards on member states. 

During the past decade, ASEAN has sought to coordinate 

law enforcement practices to reduce human trafficking in 

Southeast Asia (human trafficking is a primary means by 

which Rohingya arrive throughout Southeast Asia). Yet, 

ASEAN has done little to establish regional operational 

capacity to address humanitarian crises, including 

flows of refugees and asylum seekers. Following the July 

2, 2015, Emergency ASEAN Ministerial Meeting on 

Transnational Crime Concerning the Irregular Movement 

of Persons in the Southeast Asia Region, ASEAN set up 

a Trust Fund for Humanitarian Relief Efforts to support 

emergency humanitarian and relief efforts for states 

addressing irregular migration. In 2017, it was confirmed

that this trust fund could be used to assist Rohingya 

refugees. In May 2019, the ASEAN Emergency Response 

and Assessment Team (ERAT) conducted a preliminary 

needs assessment with the aim of repatriating displaced 

Rohingya refugees back to Rakhine State in Burma from 

abroad. This preliminary assessment was prematurely 

leaked to the press and was criticized by civil society 

groups and international organizations for not assessing 

refugee needs adequately. For example, it claimed—

unrealistically—that 500,000 Rohingya refugees would 

be repatriated in the following two years. In December 

2019, ERAT visited Cox’s Bazar in Bangladesh to discuss 

repatriation plans, but no further actions have been taken.

In addition, ASEAN has yet to address the root causes of 

the conflict in Burma. On June 26, 2020, the chairman 

of the 36th ASEAN Summit—held virtually due to the 

coronavirus pandemic—hailed Burma’s efforts at “ensuring 

safety and security for all communities in Rakhine State,” 

despite concerns expressed by the UN Special Rapporteur 

on Myanmar, senior U.S. government officials, and human 

rights advocates about the ongoing poor conditions in 

Rakhine State. 

The Bali Process

The Bali Process on People Smuggling, Trafficking 

in Persons and Related Transnational Crime (Bali 

Process) was established in 2002 as an international 

forum to coordinate discussion and information 

sharing on smuggling, trafficking, and transnational 

crime. It is co-chaired by Australia and Indonesia 

and now comprises 49 members, including Burma, 

Indonesia, Malaysia, and Thailand, as well as UN 

agencies that deal with refugee and migrant issues 

such as UNHCR and the International Organization 

for Migration (IOM). 

In response to the 2015 “floating coffins” crisis, the 

Bali Process conducted a review and member states 

pledged to coordinate and conduct search and rescue 

operations within the Andaman Sea. The review 

also called upon member states to coordinate with 

the UNHCR and IOM in providing shelter, food, 

water, and health services to Rohingya refugees in 

Indonesia, Malaysia, and Thailand. Finally, the review 

led to the establishment of a Task Force on Planning 

and Preparedness (TFPP) to harmonize detection, 

search and rescue, disembarkation, and shelter 

practices for those refugees at sea. 

The Bali Process allows the co-chairs to convene 

additional meetings on an emergency basis. However, 

in May 2020, both Australia and Indonesia were 

reluctant to pursue emergency talks to address the 

influx of Rohingya floating at sea, despite pressure 

from the UNHCR.
3 USCIRF Legislation Factsheet: ROHINGYA REFUGEES IN SOUTHEAST ASIA: October 2020

Indonesia

Rohingya refugees have been present in Indonesia in 

low numbers since the 1970s; it was not until 2015 that 

Indonesia received its first large-scale arrivals by sea. 

In May 2015, two boats arrived after monsoon season, 

carrying a combined total of more than 800 refugees. 

The government initially struggled to accommodate 

these refugees, but a robust civil society, in conjunction 

with UNHCR, addressed their needs. Local Indonesian 

communities have often been very supportive of Rohingya 

refugees, as both are predominantly Muslim. On July 23, 

2020, there were an estimated 643 Rohingya in Indonesia.

Many of these Rohingya refugees have ended up in Aceh, 

the westernmost province of Indonesia and a religiously 

conservative region governed by Shari’a law. On June 24, 

the local community of Lhokseumawe in Aceh towed 

a Rohingya refugee boat ashore, leading Indonesian 

authorities to admit the 99 refugees aboard. Reports

indicated they had been at sea for more than 120 days. 

On July 10, 2020, the Indonesian government permitted 

Lhokseumawe municipal authorities to move the refugees 

from temporary to long-term shelters. The municipality 

works with a local coalition of civil society groups, as 

well as international actors such as IOM and UNHCR, 

to provide for these refugees. On September 7, another 

boat with 296 Rohingya aboard was allowed to disembark

in Aceh—the largest influx of Rohingya Muslims to 

Indonesia since 2015. Since landing, at least three have 

died from illnesses and injuries sustained at sea.

Despite accepting Rohingya refugees for temporary 

protection, the Indonesian government has refused 

to allow them to permanently resettle in the country. 

The government has either sought the safe repatriation 

of Rohingya refugees back to Burma or their eventual 

settlement to third-party countries, most often Malaysia. 

Indeed, within two years of arriving in Indonesia, an 

unknown number of Rohingya refugees moved on 

to Malaysia.

In 2016, Indonesian President Joko Widodo signed 

a presidential decree that outlines the Indonesian 

government’s commitment to refugees and asylum 

seekers. The decree directed that refugees to be processed 

in immigration centers, connected local governments to 

provide for their basic needs, and codified into law that 

the government would not forcibly repatriate refugees or 

asylum seekers back to a country in which they might face 

persecution (non-refoulment). The decree did not address 

refugees found in international waters, nor did it establish 

the right of refugees to education and to work. During the 

36th ASEAN summit, Foreign Minister Retno Marsudi 

emphasized Indonesia’s focus on the eventual repatriation 

for Rohingya refugees. 

Malaysia

Malaysia hosts the largest number of Rohingya refugees 

in Southeast Asia. As of June 2020, 177,940 refugees 

and asylum seekers were registered with the UNCHR 

in Malaysia. The majority (153,190) came from Burma, 

including 101,320 Rohingya. These numbers do not 

include those in detention centers and others who are 

awaiting review by UNHCR for designation as refugees. 

Rohingya have lived in Malaysia for decades, and many 

have integrated with the local communities.

The COVID-19 pandemic has also hardened public 

attitudes and increased xenophobia, hostility on social 

media, and employment discrimination against the 

Rohingya. On June 26, at the 36th ASEAN Summit, 

Prime Minister Muhyiddin Yassin announced that, due to 

COVID-19, Malaysia could no longer receive additional 

refugees. Since May 1, 2020, Malaysian authorities have 

turned away at least 22 boats of Rohingya refugees. 

Malaysian authorities have barred non-Malaysian 

Muslims, including Rohingya, from religious centers, 

citing precautions against the spread of COVID-19. 

Malaysian authorities have conducted numerous raids 

against migrant groups, although Malaysian authorities 

release those who possess UNHCR identification cards 

designating them as registered refugees. 

Despite this, Rohingya refugees have continued to arrive. 

In April, the Bangladeshi coast guard found approximately 

two dozen Rohingya dead and 382 others starving 

after having been refused entry into Malaysia. In June, 

40 Rohingya illegally entered the island of Langkawi 

and were sentenced to seven months in jail. Of the 40, 

27 were also sentenced to caning for their actions, but a 

higher court later overturned this punishment. On June 8, 

Malaysian authorities accepted one boat after learning that 

its engine had failed. All 269 Rohingya on board were 

detained. Initial reports suggested that the Malaysian 

government planned to send them all back to sea after the 

boat’s engine was repaired, but it ultimately did not do 

so. On July 26, another two dozen Rohingya are feared to 

have drowned off the coast of Malaysia.
USCIRF Legislation Factsheet: ROHINGYA REFUGEES IN SOUTHEAST ASIA: October 2020 4

Bangladesh has taken in the most Rohingya refugees; 

many reside in camps like these.

The U.S. Embassy in Kuala Lumpur advocates for 

Malaysian authorities to admit those at sea and connect 

them with UNHCR and IOM. Malaysian civil society has 

been active in supporting refugee communities. During 

the government lockdown in response to the pandemic, 

UNHCR and civil society partners have worked to 

provide for the needs of vulnerable refugee and immigrant 

communities, including through an emergency hotline 

available in the Rohingya language. 

Thailand

Only a few hundred Rohingya refugees have arrived in 

Thailand during the past few years. Thai authorities have 

refused to treat Rohingya refugees as asylum seekers and 

have often prevented UNHCR from registering them, 

effectively denying refugee status to Rohingya detainees. 

Unlike their treatment of other refugees from Burma, 

Thai authorities require Rohingya refugees to remain in 

detention centers. In May 2020, Thai authorities arrested 

12 Rohingya after a group crossed into Mae Sot, raising 

the number of Rohingya held in immigration detention 

centers to 200. Human rights groups have criticized these 

immigration detention centers for preventing Rohingya 

from residing in official refugee camps or joining Thai 

society. Thai authorities do allow UNHCR to visit the 

Rohingya and report on their conditions. 

Thailand has a long history of hosting refugees from 

Burma fleeing religious persecution and other human 

rights violations. As of June 2020, Thailand hosted 93,412 

refugees in nine camps, the majority of whom came from 

Burma, primarily members of the Karen or Karenni ethnic 

groups (84% and 10% of the total refugee population, 

respectively). However, since the late 1990s, the Thai 

government has increasingly imposed limitations on their 

ability to leave official refugee camps. Those who arrived 

before 2000 have largely settled into society, although 

not all have acquired legal status. Thai civil society has 

been active and effective in advocating on behalf of 

refugees and providing basic services to refugee camps, 

particularly through the civil society network known as 

the Committee for Coordination of Services to Displaced 

Persons in Thailand (CCSDPT). 

Conclusion

In September 2019, the United States Agency for 

International Development (USAID) announced a 

$127 million aid package for the Rohingya in Bangladesh. 

With this new funding, our total humanitarian assistance 

for this crisis is nearly $820 million since the outbreak 

of violence in August 2017. Of this funding, nearly 

$693 million is for programs inside Bangladesh. USCIRF 

has recommended that the U.S. government work with the 

governments of Indonesia, Malaysia, and Thailand, as well 

as appropriate UN agencies, to increase funding assistance 

and humanitarian support for Rohingya communities in 

Indonesia, Malaysia, and Thailand. The U.S. government 

should also consider providing funding and technical 

assistance to ASEAN’s Trust Fund for Humanitarian Relief 

Efforts to encourage regional cooperation. 

In the future, the U.S. government should monitor the 

movements of vulnerable populations in the Indian 

Ocean, in particular the Andaman Sea, and attempt to 

anticipate potential humanitarian crises. It should then 

press Indonesia and Australia—the co-chairs of the Bali 

Process—to pursue mechanisms, such as the Bali Process, 

to monitor, track, and assist refugees, in particular but not 

exclusively Rohingya, so that they can be safely brought 

ashore.

In addition to assisting with the capacity of Indonesia, 

Malaysia, and Thailand to host existing Rohingya refugee 

communities, the U.S. government should publicly and 

repeatedly urge those governments to permit entry to 

additional refugees and refrain from repatriating them to 

Burma. If necessary, the United States should work more 

actively with regional partners throughout Asia toward 

resettlement of refugees in third countries. Ultimately, 

refugee camps are a temporary solution, and a more 

sustainable solution to protecting Rohingya communities 

in Southeast Asia is needed.
UNITED STATES COMMISSION on INTERNATIONAL RELIGIOUS FREEDOM

732 N. Capitol Street, NW, Suite #A714

Washington, DC 20401

202-523-3240

www.USCIRF.gov

@USCIRF

Media@USCIRF.gov

The U.S. Commission on International Religious Freedom (USCIRF) is an independent, bipartisan federal government entity established by the 

U.S. Congress to monitor, analyze, and report on threats to religious freedom abroad. USCIRF makes foreign policy recommendations to the President, 

the Secretary of State, and Congress intended to deter religious persecution and promote freedom of religion and belief.

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