UN Committee Calls on India to Halt Arbitrary Detention and Deportation of Rohingya Refugees

CERD highlighted its alarm over reports of arbitrary mass detention of Rohingya, including children, in substandard conditions without due process or legal representation.

The UN Committee on the Elimination of Racial Discrimination (CERD) has urged India to end the arbitrary detention of Rohingya refugees who fled from Myanmar and to stop any forcible deportations or returns to Myanmar, where they risk severe human rights violations.

In a statement released under its early warning and urgent action procedure, CERD expressed deep concern over reports of widespread racist hate speech and harmful stereotypes against the Rohingya, including statements by politicians and public figures. The Committee called on the Indian government to firmly denounce these acts and ensure they are thoroughly investigated and punished, in line with international obligations under the International Convention on the Elimination of All Forms of Racial Discrimination.

CERD highlighted its alarm over reports of arbitrary mass detention of Rohingya, including children, in substandard conditions without due process or legal representation. The Committee also noted several instances of forcible deportation and returns to Myanmar from 2018 to 2022, as well as the ongoing risk of deportation for remaining Rohingya in India, which violates the principle of non-refoulement.

The Committee urged India to cease the arbitrary detention of Rohingya and to use immigration detention only as a last resort for the shortest time necessary. It called for providing detained Rohingya with legal safeguards and access to legal counsel, and ensuring that detention conditions meet international standards. Furthermore, CERD called on India to end racial discrimination against Rohingya, removing barriers to their access to employment, health, and education by issuing long-term visas and identity documents.

Additionally, CERD encouraged India to cooperate with the Special Rapporteur on the situation of human rights in Myanmar, including facilitating a country visit to India.

CERD's early warning and urgent action procedure aims to address situations that could escalate into conflicts, taking preventive measures to avoid full-scale human rights violations under the International Convention on the Elimination of All Forms of Racial Discrimination.