Malaysia’s repatriation of Myanmar Nationals Raises Protection Concerns

Author: Pragya Verma

October 8, 2026

HRRC expresses concern about further returns to Myanmar amid ongoing conflict and protection risks. HRRC stands with people in their right to have meaningful access to protection and calls on the Malaysian government to ensure appropriate safeguards for individuals before further returns.

A Rohingya widow with her children in Kuala Lumpur, Malaysia [Image credit: ODI Global/Flickr]

Malaysia began repatriating Myanmar nationals, including women and children, on Tuesday, September 29. Despite the protection concerns raised by the United Nations High Commissioner for Refugees (UNHCR), nearly 1,500 people were sent back to Myanmar, arriving there on Sunday, October 4. 

In Malaysia, UNHCR works with agencies and organisations to support the identification and registration of refugees and asylum-seekers in the country. It identifies individuals and assesses how their needs and vulnerabilities can be addressed. The Malaysian Home Ministry did not provide details on the ethnicity or refugee status of those returned on Tuesday, or whether Rohingya were among them. However, James Bawi Thang Bik, who represents refugees from Myanmar’s Chin community in Malaysia, said he was aware of several asylum seekers among those being deported, including a UNHCR-recognised refugee, citing information gathered by community leaders. 

In the recent case, UNHCR did not have access to the individuals to assess their circumstances and said the returnees may face serious risks and that some within the group may need international protection. 

The repatriation programme’s first phase involved 1,476 people consisting of 1,370 men, 79 women, 20 boys and seven girls, aged between eight and 60. They had been held at 14 immigration depots and were sent to Myanmar aboard three Myanmar naval vessels, including a hospital ship. 

According to Malaysian Home Minister Datuk Seri Saifuddin Nasution Ismail, a total of 5,000 people have been identified for a voluntary and phased repatriation programme, based on the Myanmar government’s agreement to accept them and the individual’s consent to return voluntarily. 

The individuals were identified by the Myanmar government, and their names were submitted to Malaysia through a diplomatic note dated Aug 13, 2026. The operation was coordinated by the Malaysian Home Ministry, Foreign Ministry, National Security Council and Defence Ministry according to Home Ministry Deputy Secretary-General (Policy and Control) Datuk Makhzan Mahyuddin. 

UNHCR is concerned with returning people to Myanmar amid the country’s ongoing conflict. Years after the military takeover in February 2021, clashes between the Myanmar Armed Forces and various non-state armed groups continue across several states and regions, affecting civilians in Myanmar. 

UNHCR urged Malaysia to ensure that all returns include safeguards, including individual assessment and access to protection procedures. As the people returned had been held in immigration detention, the agency raised serious questions about whether their decisions to return were genuinely free and informed. 

The Human Rights Commission of Malaysia (SUHAKAM) expressed deep concern about the repatriation, urging the government to ensure that no further returns to Myanmar take place without proper assessment by an independent authority. It emphasised that particular attention must be given to children, refugees, asylum seekers, victims of trafficking, and others in vulnerable situations. SUHAKAM also stressed that children’s safety, dignity, and best interests must come first. 

The returns also took place amid ongoing conflict in Myanmar’s Rakhine State.  The United Nations Office of the High Commissioner for Human Rights (OHCHR) reported an airstrike by the Myanmar military on 28 September on India Market, a crowded marketplace in Pike Thae village, Kyauktaw Township, in Rakhine State. More than 50 civilians were reported to have been killed and many more injured. 

A total of 3,524 people have been approved for repatriation under the second phase of the programme. Malaysian Communication Minister and government spokesperson Datuk Seri Fahmi Fadzil said that Prime Minister Datuk Seri Anwar Ibrahim would hold discussions with Myanmar officials in the near future to facilitate further returns. He stressed that Malaysia would not repatriate individuals if they faced risks or threats and would first assess several factors, including security concerns. 

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Glossary

Asylum Seeker - someone who leaves their own country, often for political reasons or because of war, and who travels to another country hoping that the government will protect them and allow them to live there.

Detention - the act or fact of detaining or holding back.

Facilitate - to make something possible or easier.

Immigration - the act of someone coming to live in a different country.

Refugees - Refugees are people who have fled their countries to escape conflict, violence, or persecution and have sought safety in another country. 

Repatriation - the act or process of restoring or returning someone or something to the country of origin, allegiance, or citizenship. 

Returnee - someone who returns to a place after living or spending time elsewhere.

Voluntary - done, made, or given willingly, without being forced or paid to do it.

Vulnerable - capable of being easily hurt or harmed physically, mentally, or emotionally.