Statement on Rohingya Repatriation

The Lemkin Institute for Genocide Prevention and Human Security is deeply troubled by the ongoing crisis faced by the Rohingya people and the continued international stalemate over their displacement in the absence of a safe and viable route to repatriation in Myanmar. The Rohingya have endured decades of systematic discrimination, state-enforced statelessness, and mass atrocity crimes. The genocidal violence perpetrated by the Myanmar military (Tatmadaw) in 2016 and 2017 forced over 740,000 Rohingya people to flee to Bangladesh, joining refugees from previous waves of displacement. It is essential that the international community clearly articulate conditions for their safe, voluntary, dignified, and sustainable repatriation to Myanmar in accordance with the United Nations High Commissioner for Refugees (UNHCR) guidelines for voluntary repatriation.

The Lemkin Institute is particularly concerned by the deteriorating security environment in Rakhine State, Myanmar – the Rohingya’s ancestral home – and by diplomatic initiatives that risk normalizing premature or conditional repatriation. Engagement with the illegitimate State Administration Council (SAC) junta or with non-state armed actors like the Arakan Army, which has not committed to protecting Rohingya rights, undermines the principles of voluntary return and safety. Such approaches could legitimize perpetrators and effectively sanction continued persecution under the guise of humanitarian return.

In 2025, the humanitarian and human rights situation for Rohingya people remains dire. An estimated 1.14 to 1.17 million Rohingya refugees remain in camps in Bangladesh, which are severely overcrowded and where resources are critically inadequate. Simultaneously, desperate Rohingya continue to undertake perilous sea journeys, risking trafficking, exploitation, and death. This protracted crisis underscores the urgent need for a principled solution centered on human rights, justice, and the restoration of citizenship.

Rohingya civilians face continued persecution in Myanmar from multiple armed actors, including the Tatmadaw and the Arakan Army, resulting in new displacements, both within Myanmar and across international borders.

Any credible framework for repatriation must be founded upon eight non-negotiable principles:

Voluntary Return and Informed Consent:
Repatriation must be based on the free, informed, and individual choice of Rohingya refugees. No process may be initiated or advanced without their explicit consent. Any form of coercion or indirect pressure is unacceptable.

Restoration of Citizenship and Legal Identity:
Myanmar must legally recognize the Rohingya as an indigenous ethnic group and unconditionally restore full citizenship to all Rohingya, in accordance with international standards, as reflected in Article 15 of the Universal Declaration of Human Rights and the Convention on the Reduction of Statelessness. Myanmar’s discriminatory 1982 Citizenship Law must be repealed, and coercive National Verification Card (NVC) procedures must cease.

Safety, Security, and International Protection:
The physical security of returnees is paramount. Repatriation can only occur under verifiable conditions of safety, guaranteed by robust, UN-mandated, civilian-led international protection mechanisms that prevent violence, arbitrary detention, and persecution.

Restitution of Property and Homeland:
Rohingya must be guaranteed the right to return to their original places of residence or choice. This requires comprehensive restitution of illegally confiscated land and property, legally enforceable land rights, and adequate compensation for destroyed homes and livelihoods.

Accountability and Justice:
A sustainable return requires accountability for past and ongoing crimes. Myanmar must cooperate fully with international justice mechanisms, including the International Court of Justice (ICJ) and the International Criminal Court (ICC). Perpetrators of genocide, crimes against humanity, and war crimes from all parties must face credible prosecution.

Dismantling of Discriminatory Structures:
The legal and administrative framework of institutionalized discrimination, including restrictions on movement, marriage, childbirth, education, and access to services, must be completely abolished. Returnees must enjoy full freedom of movement throughout Myanmar.

Equal Access to Rights and Services:
Rohingya must be guaranteed equal access to nationality, education, healthcare, livelihoods, and political participation. Affirmative measures are required to address decades of state-sponsored deprivation and marginalization.

Meaningful Participation and Inclusion:
Legitimate representatives of the Rohingya people must have a central and decision-making role in all phases of repatriation planning, negotiation, implementation, and monitoring.

The Institute reiterates that any repatriation in the absence of the above conditions would expose the Rohingya to further grave human rights abuses and constitute a stark violation of the principle of non-refoulement. As reflected in Article 33 of the 1951 Refugee Convention, non-refoulement prohibits the return of refugees “in any manner whatsoever” to a territory where there are substantial grounds to believe they would face persecution, torture, or other serious human rights violations. Although Myanmar has not ratified the Refugee Convention, the principle of non-refoulement has been recognized as customary international law and may well amount to jus cogens, and thus legally binds all states of the international community.

The Lemkin Institute calls upon the International community and all relevant actors – including the UNHCR, the International Organization for Migration (IOM), the Association of Southeast Asian Nations (ASEAN), and mechanisms under the Global Compact on Refugees – to condition any support for Rohingya repatriation on the verifiable fulfillment of the core principles outlined above.

The Lemkin Institute calls on all governing authorities and decision-makers in Myanmar to unconditionally recognize the Rohingya as citizens, guarantee their safe return to their places of origin, dismantle systems of discrimination, and cooperate fully with international accountability mechanisms. We urge states hosting Rohingya refugees to uphold their obligations under international refugee law, particularly the principle of non-refoulement, and to resist any agreement that facilitates return under unsafe or coercive conditions. All relevant stakeholders must ensure the direct, substantive, and meaningful participation of Rohingya representatives in all decision-making processes concerning their future.

Genuine repatriation is a process of restorative justice, not merely a logistical operation. It requires the deliberate transformation of the conditions that led to genocide and displacement. The Rohingya have an inalienable right to return to their homeland in safety and dignity, with their rights and citizenship fully restored.

The Lemkin Institute stands in solidarity with the Rohingya people and urges the international community to adhere to a rights-based framework. Accepting anything less than a voluntary, safe, and dignified return, grounded in justice and equality, would be a profound moral and political failure.