Recognized as one of the most persecuted ethnic minorities in the world, the Rohingya people of Rakhine, Myanmar have faced discrimination and mistreatment for decades. They remain at increased risk of suffering and persecution from the government, resulting in large groups of Rohingya fleeing their homes. The crisis has worsened since 2017 when the largest number of Rohingya left Myanmar to seek asylum in neighbouring countries such as Bangladesh and Malaysia. For Bangladesh, the increase in refugees leads to poorer treatment and less security. Neither Myanmar nor Bangladesh recognizes the Rohingya as part of their country, so the generations-long stateless status of the Rohingya people persists with no sign of a permanent solution. The Rohingya continue to live in Bangladesh under insufficient protection, constantly worried about being sent back to Myanmar without any improvements made to their lack of rights. Malaysia is also reluctant to host Rohingya refugees. Malaysia, however, is different from Bangladesh because it does not have a proper refugee policy, meaning the refugees do not live in camps. The Refugees in Malaysia mostly deal with issues regarding lack of freedom, no legal job opportunities, and no access to education. 

The Myanmar government is at fault for much of the crisis as they have been denying citizenship to the Rohingya and labelling them as illegal immigrants. A reason for this behaviour from the government is their goal of a mono-religious, Buddhist state. The Rohingya people instead practice Islam. The citizenship crisis for the Rohingya began in the mid-1900s after Myanmar became independent. The Myanmar government claimed if The Rohingya could prove residence from before the Anglo-Burmese War in 1823, then they could be citizens. Though many Rohingya knew their ancestors had been in Myanmar (formerly known as Burma) far before 1823, it was difficult to prove and the government took advantage of this. In 2008, the laws changed and made it even harder for the Rohingya to gain citizenship. In 2012 after an outbreak of violence in the Rakhine state between the Buddhist extremists and the Rohingya, President Thein Sein asked the United Nations High Commissioner for Refugees (U.N.H.C.R.) to send the Rohingya to another country. The U.N.H.C.R. rejected their request because they did not resettle people from within their home country. The Myanmar government began cracking down on the activities of the Rohingya. This led to an increased amount of humanitarian violations. The Mass Genocide of the Rohingya in 2016-2017 led to the largest amount of displaced people. 

In Malaysia, refugees have become self-reliant since the government and international aid agencies failed to provide sufficient protection and welfare. This means they must find their own housing and source of income. As previously stated, the vast majority of Rohingya require documentation. Therefore, as they arrive in Malaysia very few have a Myanmar identity document, and most refugees arrive with no documents at all. Exploitation occurs because the refugees often get dangerous jobs with little pay. More recently, the Malaysian government implemented an initiative called the Tracking Refugees Information System (T.R.I.S.) This system allows the government to track the influx of refugees and register them as “capable of work.” Once no longer considered illegal workers, the refugees can work in more fields while receiving improved pay and safer conditions. This is an effective system as it helps solve one consequence of having no documentation. Surprisingly, the Malaysian government was happy to employ it. “It is a ‘win-win’ for Malaysia, as it would satisfy both the humanitarian needs of refugees, while also benefiting the Malaysian economy as it recovers from the social and economic impact of the pandemic,” said UNHCR spokeswoman Yante Ismail. However, the most complicated (and so far unchanging) thing preventing the Rohingya refugees’ rights and safety is the 1951 Refugee Convention and its 1967 Protocol. Malaysia did not sign this agreement in 1951, so laws like the Malaysia: Immigration Act,1959/63 are still in place. This labels refugees as “illegals” and prevents citizens from helping refugees. Today, it still harms refugees by barring them from receiving education. This act states, “No one other than a citizen shall enter Malaysia unless he possesses a valid pass lawfully given to him to enter Malaysia.” Child refugees aren’t allowed to attend school because the law applies to Malaysian citizens, as the term “parents” in Section 29A excludes non-citizens. This means that refugee children are not given an education. Any semblance of change resulting in education for refugees seems unlikely as it would not benefit the Malaysian government in any way. However, the changing of labour laws was unexpected and helpful in fixing an aspect of having no legal status, so even though changing education laws will be harder to achieve, hopefully, this obstacle will be overcome. Understanding the laws in place in Malaysia regarding refugees will answer the questions about why Rohingya refugees in Malaysia are still stateless. 

Bangladesh decided to provide shelter to the Rohingya to help them escape the humanitarian crisis. Initially, their stay in Bangladesh was supposed to be short-term. Plus, the government of Bangladesh wanted international communities to step in and urge Myanmar to allow the Rohingya back into the country. Sheik Hasina, Bangladesh’s Prime Minister, said “Myanmar ought to take their nationals back before long.” Kutupalong refugee camp in Cox’s Bazar, Bangladesh, is the biggest refugee camp in the world and it is mostly filled with Rohingya people. Since the camp is so overpopulated, refugee health gets overlooked. In the camps, there is a high rate of violence and assault. Additionally, the increase in population has caused more environmental issues – not considering the already poor climate of Bangladesh and consistent monsoons every season. A good thing about living in the camp is that refugee children can get primary education. Living in Bangladesh, refugees hope for the day they will hopefully be pardoned from Bangladesh and into a safe place. However, this has changed recently as increasingly more Rohingya refugees are being forcefully returned to Myanmar. Research conducted by Fortify Rights reveals that since February 2024, Border Guard Bangladesh (BGB) forces have been responsible for beating and pushing back over 300 Rohingya refugees to Myanmar in six separate incidents. 

The majority of the Rohingya people fled to Bangladesh possibly because of the existing refugee camps and countries proximity. Other Rohingya people fled to Malaysia most likely because they wanted to go somewhere with the shared religion of Islam, as Malaysia is a predominantly Muslim country. In the end, neither country wants to host the Rohingya but maybe living in a country with no legal refugee policy like Malaysia is better than living in an overpopulated refugee camp in Bangladesh where many are being forcefully returned to unsafe Myanmar.