This guest post is by Tala Albanna, BCL Law and Human Rights student at the Irish Centre for Human Rights, School of Law, University of Galway

A recent statement issued by three United Nations Special Procedures mandate holders, the Special Rapporteur on trafficking in persons, especially women and children, Siobhán Mullally, the Special Rapporteur on the human rights of migrants, Gehad Madi, and the Working Group on Discrimination against Women and Girls, highlighted the protracted situation of forced displacement and statelessness of Rohingya refugees in Bangladesh, and the high risks taken on hazardous migration routes by sea, to escape violence and seek opportunities for employment or education elsewhere. The statement, “Bangladesh: UN experts urge action to end trafficking and deaths of Rohingyas on the Andaman Sea”, reported that two boats carrying at least 500 Rohingya passengers had capsized following departure from Myanmar’s Rakhine State in late June 2026, and included Rohingya refugees from the refugee camps in Cox’s Bazar, Bangladesh. The statement followed on from the issuing of a joint allegation letter (AL BGD 4/2026) to Bangladesh by the independent experts, which is now public on the Communications database of the Special Procedures. No reply has been received from Bangladesh. 

The statement and allegation letter place a spotlight on the recurring deaths and disappearances at sea of Rohingya refugees. In 2025, almost 900 Rohingya refugees were reported dead or missing in the Andaman Sea and Bay of Bengal. More than 6,500 Rohingya refugees were reported to have taken risky maritime journeys to Malaysia and Indonesia, of whom sixty six per cent were women and children. From January to May 2026, 4,349 individuals departed on journeys through this route, a 56%increase from the same period in 2025. (AL BGD 4/2026, p.2)   UNHCR spokesperson, Babar Baloch, has described the Andaman Sea and the Bay of Bengal as an unmarked graveyard for thousands of desperate Rohingya refugees. Yet despite continuing deaths and disappearances, limited attention is given to the Rohingya situation.

(photo: UHCR)

Human Rights Crisis in Rohingya Refugee Camps

Over 1 million stateless Rohingya refugees are living in Bangladesh. The majority are settled in Kutupalong and Nayapara refugee camps in the Cox’s Bazar region. These are some of the most congested refugee camps in the world ((240,635 refugee households). In addition, the island of Bhasan Char hosts an estimated 7,534 refugee households.

As is highlighted in the allegation letter from the UN Special Procedures, international assistance to support the humanitarian response has declined. Half of the refugee population is under 18 years old, with limited opportunities for education in the national curriculum of Bangladesh, a lack of play spaces for children, or access to sustainable livelihoods or skills training. An estimated 236,000 refugee children aged between 5 and 17 are out of school, a situation that increases risks of exploitation and trafficking in persons. (AL BGD 4/2026, at p.2). Living conditions are difficult, particularly in monsoon season, with many refugees living in shelters made from bamboo trees that offer little or no protection against heavy winds and rain. The spread of diseases such as hepatitis, malaria, and dengue, increases during the rainy season, particularly affecting children and older persons.

The allegation letter notes with concern that one in four women and girls has experienced gender-based violence. Girls as young as twelve years are at risk of trafficking for purposes of child marriage, sexual exploitation and domestic servitude. Boys are targeted, in particular, for trafficking for purposes of forced labour and recruitment and use by armed groups, and exploitation in criminal activities. Men are trafficked for forced labour, recruited through deceptive offers of employment in fisheries, agriculture, and forestry, as well as construction work. (AL BGD 4/2026 p.3) Women are also trafficked for forced labour, domestic servitude and sexual exploitation. 

Statelessness

Statelessness arises when a person is not recognised as a national by any state according to Article 1(1) of the Convention relating to the Status of Stateless Persons (1954) The Rohingya are a minority community in Myanmar, the majority of whom are Muslim. Despite living for generations in what is now the state of Myanmar, a predominantly Buddhist state, they are segregated from the rest of the population, denied citizenship, subjected to arbitrary restrictions on movement, and have limited access to healthcare, education, and employment. Described as “illegal immigrants” from Bangladesh by the government of Myanmar, their citizenship has been denied or revoked under the 1982 Burma Citizenship Law, rendering them stateless. 

Statelessness in its essence is a denial of many fundamental human rights, including civil, political and economic and social rights, such as the right to a nationality, the right to vote, to a fair trial, to education, health care, and to freedom of movement. Stateless Rohingya refugees cannot travel safely because they cannot produce travel documents, and their movement is restricted. 

In Bangladesh, under the joint Office of the United Nations High Commissioner for Refugees (UNHCR)/Government of Bangladesh registration process, Rohingya are registered not as refugees, but as “forcibly displaced Myanmar nationals”. (A/HRC/62/41, para.20) There is no pathway to citizenship for Rohingyas in Bangladesh. As was highlighted by the UN Special Rapporteur on trafficking in persons, in her country report on Bangladesh, “Continuing fear and uncertainty about the future has created a climate of insecurity and desperation, especially for young people, increasing their vulnerability to trafficking.” (A/HRC/53/28/Add.1, para.58)

The Link Between Statelessness and Trafficking in Persons

On 18 May 2026, the Special Rapporteur on Trafficking in Persons submitted her report to the Human Rights Council pursuant to resolutions 26/8 and 53/9. The report is titled Child Trafficking in the Context of Statelessness, Migration and Forced Displacement. Importantly, in the report, the Special Rapporteur identified factors that contribute to statelessness among children, such as discrimination in any form, gaps in nationality law, and inadequate birth registration systems. Additionally, she highlighted in the report (at para.1) the trafficking risks affecting stateless children as a consequence of limited access to child protection services. The Special Rapporteur specifically expressed her concerns about the continued uncertainty and absence of security for the Rohingya stateless population, which increases their vulnerability to being trafficked. (A/HRC/62/41 para.20)

The risks of child trafficking for all purposes of exploitation, have been highlighted repeatedly since 2018, including in a Report, ‘Childhood Interrupted’, published by Plan International, World Vision and Save the Children, shortly after the arrival of almost 700,000 Rohingya refugees from Myanmar who were fleeing security operations and widespread violence in Rakhine State.

Violence Fuels Displacement

Amnesty International has highlighted the lethal killings, unlawful arrests, and rape and sexual assaults of women and girls that occurred in Myanmar in 2017, as well as the intentional act of burning over 1,200 buildings without considering the protection afforded under international law to civilian objects, such as schools and mosques. In 2018, the Human Rights Council, in Resolution 39/2 established the Independent Investigative Mechanism for Myanmar, to collect, consolidate, preserve and analyse evidence of the most serious international crimes and violations of international law committed in Myanmar since 2011. As highlighted in the Mechanism’s statement on August 24th 2026, nine years later, the Rohingya are still waiting for justice. The Mechanism is investigating past and current atrocities against the Rohingya to identify those that bear the greatest responsibility for these crimes, not only looking at members of the Myanmar security forces but also the Arakan Army, the Arakan Rohingya Salvation Army and other armed groups. On September 24^th 2026, the Mechanism issued a statement, noting recent statements by governments in the region concerning the possible return of people, including the Rohingya, who previously fled the violence in Myanmar. They concluded that, “Conditions in Rakhine State are not yet conducive to their safe, voluntary, dignified and sustainable return.” International and regional measures are now required to combat the cycle of impunity in Myanmar.

Accountability

In a statement at the 63^rd Regular Session of the Human Rights Council (Sept 7^th 2026), Nicholas Koumjian, Head of the Independent Investigative Mechanism for Myanmar, highlighted ongoing accountability efforts at the International Criminal Court and in Argentina, and noted that the Mechanism provided much of the evidence now before the judges of the International Court of Justice in the proceedings under the Genocide Convention, The Gambia v Myanmar. The issue of statelessness and its consequences have been brought to the attention of the Court. The application instituting proceedings cites (at para.32) the Report of the UN Fact- Finding Mission, which found evidence of genocidal intent in the “existence of discriminatory plans and policies”, including Myanmar’s 1982 Citizenship Law. (The judgment in the case is expected in late 2026). 

Conclusion

The Rohingya people are the largest stateless population in the world; half of this population are stateless children. They are at high risk of being trafficked and exploited, and continue to risk their lives in deadly journeys at sea. The absence of safe migration routes or effective access to international protection pathways and to citizenship, contribute to such risks. States have international obligations to combat statelessness, and to prevent trafficking in persons. The Special Rapporteur, in her report to the Human Rights Council set out several recommendations to States relevant to the situation of Rohingya refugees including:

• Establish safe and regular, child-friendly migration and protection pathways, such as humanitarian visas, resettlement, and rights-based family reunification, and ensure effective access to international protection;
• Ensure child-centred assessment and trauma-informed procedures are followed when undertaking search and rescue operations at sea;
• Strengthen civil registration methods, specifically for new births, and ensure universal birth registration and the right to a nationality for all children without discrimination;
• Implement the non-punishment principle in relation to immigration offences, without discrimination.

In summary, the Rohingya crisis should be addressed by collective action and the exercise of shared responsibility by the international community. This requires ending statelessness and ensuring accountability for the systematic human rights violations that the Rohingya people have endured now for decades. As was noted in the 2026 Report of the UN Special Rapporteur on the situation of human rights in Myanmar, Tom Andrews, the Rohingya people are “living in the shadow of genocidal violence”.  (A/HRC/61/58, para. 65).