Protection Risks and Policy Approaches for Rohingya Refugees in Southeast Asia

 Protection Risks and Policy Approaches for Rohingya Refugees in Southeast Asia

By Tahir Ali Shah

In Malaysia, Indonesia, Thailand, and Bangladesh, Rohingya refugees face numerous overlapping protection risks that threaten their safety, dignity, and long-term prospects. One of the most significant challenges is statelessness. Without legal recognition in Myanmar or any other country, Rohingya refugees remain effectively invisible in the eyes of the law. This stateless status severely limits their access to formal education, employment, legal recourse, and even basic identification, further entrenching their marginalization.

Gender-based violence poses a serious and ongoing threat to Rohingya women and girls, who frequently encounter sexual exploitation, domestic violence, and harassment in both refugee camps and host communities. Due to the lack of strong protection systems and safe reporting channels, survivors often lack support, leaving perpetrators unaccountable for their actions.

Child protection issues are also widespread. Many Rohingya children are denied access to quality education, whether due to legal restrictions, language barriers, or inadequate school infrastructure. Consequently, families may resort to detrimental coping mechanisms, such as child labor and early marriage, which can have lasting negative effects on children's development and well-being.

Mental health is another growing concern. Years of exposure to violence, forced displacement, and prolonged encampment have resulted in high levels of psychological distress, particularly among youth. Mental health services are scarce, often stigmatized, and difficult to access, making it challenging for refugees to heal and rebuild their lives.

In the absence of legal migration pathways, many Rohingya are compelled to turn to smugglers and human traffickers. These criminal networks exploit desperate families, exposing them to further abuse, extortion, and life-threatening journeys by sea or across borders. This pattern not only endangers lives but also fosters regional insecurity and undermines human rights commitments throughout Southeast Asia.

To tackle these urgent issues, policymakers in the region must take bold and coordinated action. One immediate need is the establishment of legal pathways that provide Rohingya refugees with temporary protection and access to rights, even in countries that have not ratified the 1951 Refugee Convention. While full legal integration may not be politically feasible in the short term, temporary protection frameworks can safeguard basic rights and help prevent exploitation.

Regional Trends and Protection Frameworks

Country	Est. Rohingya Population (2025)	Legal Recognition¹	Right to Work²	Access to Education³	Risk of Detention⁴	Key Protection Concerns
Bangladesh	~1,005,675	Not recognized as refugees	Not permitted	Informal education in camps	Low	Trafficking, camp violence, forced returns, aid dependency
Malaysia	~109,700	Not recognized; UNHCR cards issued	Not legal, informally used	Community-run learning centers	High	Arbitrary detention, labor exploitation, lack of legal status
Indonesia	~2,800	Tolerated, with UNHCR support	Not permitted	NGO-provided informal learning	Low	Limited services, temporary shelter conditions, no path to permanent status
Thailand	~500	Not recognized	Not permitted	None	High	Systematic detention, lack of legal pathways, forced returns

 

Additionally, allowing controlled access to labor markets can reduce refugees' dependence on humanitarian aid and enable them to live with greater dignity and self-reliance. This is particularly relevant in countries like Malaysia and Thailand, where labor shortages exist in key sectors that Rohingya workers could help fill if granted legal protections.

Investment in education is also crucial. Governments, donors, and private sector actors should collaborate to enhance access to inclusive and context-appropriate education for Rohingya children and youth. Public-private partnerships can support innovative models that address legal and language barriers while building skills for the future. Regional coordination is equally important. ASEAN member states should consider establishing a formal mechanism for refugee response, one that includes shared responsibility for hosting, processing, and rescuing people at sea. This should be paired with greater engagement from regional civil society and affected communities themselves to ensure that policies reflect on-the-ground realities.

Ultimately, the international community must intensify its role in providing durable solutions. This includes expanding third-country resettlement opportunities for the most vulnerable Rohingya refugees, while ensuring that any future returns to Myanmar are safe, voluntary, and conducted with dignity and respect for rights.

In this context, humanitarian diplomacy, smart policy planning, and meaningful refugee participation are all essential. The Rohingya crisis is not simply a short-term emergency—it is a protracted displacement situation with long-term regional implications. Addressing it effectively requires a shift from containment to cooperation, from charity to rights-based action, and from ad hoc responses to sustained political commitment.

About the Author: Tahir Ali Shah is a humanitarian professional with over 20 years of experience managing protection and development programs across South Asia, the Middle East, and Africa. He has worked extensively in refugee response, child protection, and humanitarian advocacy. He can be reached at tshaha@gmail.com