Myanmar

Not Available

Immigration detainees

2019

Not Available

Detained children

2017

75,998

International migrants

2019

54,400,000

Population

2020

Overview

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

Related Reading

29 September 2020

Reuters, “Myanmar’s ‘Maximum Containment’ COVID-19 Plan Pushed to Brink as Virus Surges,” Channel News Asia, 24 September 2020, https://www.channelnewsasia.com/news/asia/covid-19-myanmar-maximum-containment-plan-pushed-brink-13141922
Reuters, “Myanmar’s ‘Maximum Containment’ COVID-19 Plan Pushed to Brink as Virus Surges,” Channel News Asia, 24 September 2020, https://www.channelnewsasia.com/news/asia/covid-19-myanmar-maximum-containment-plan-pushed-brink-13141922

There have been some 7,500 confirmed cases of COVID-19 and 147 deaths in Myanmar. After weeks without any local transmissions, Myanmar reported an outbreak in the western Rakhine state in mid-August that has since spread across the country. As of September 21, 45,000 people had been quarantined in the country’s attempts to contain the virus. The country’s weak public health system, however, presents significant challenges: As of early 2020, there were only 330 intensive care beds available for a population of 54 million; in 2018, the WHO estimated that there were 6.7 doctors per 10,000 people in the country.

Even before the mass outbreaks of COVID-19 in August, leading public officials appeared to try to exploit the pandemic for political purposes. In June, the controversial democracy advocate and current State Counsellor Aung San Suu Kyi threatened to “severely” punish anybody crossing into the country illegally, as well as those who harbor undocumented arrivals. The move was seen by some to implicitly scapegoat Rohingya returnees for allegedly bringing COVID-19 cases into the country. The statement also appeared to contradict Suu Kyi’s previous comments encouraging returnees coming from Thailand into Mon and Kayin states to undertake testing and quarantine, with no legal repercussions. Soon after Suu Kyi’s comments were published, hate speech against the Rohingya appeared to surge. Kyaw Win, director of Burma Human Rights Network, said the narrative that the Rohingya brought COVID-19 into Myanmar was an attempt to “divide the Rakhine and Rohingya community.” In September, amidst a resurgence of the pandemic and a growth in the number of COVID-19 cases in Yangon, the government began to criticise ethnic Rakhine for carrying the virus to the capital, echoing its previous criticisms of the Rohingya.

The government of Myanmar has been widely criticised for its gross human rights violations, including the often violent persecution of minorities, particularly the country’s Rohingya and ethnic Rakhine populations. The historical roots of this ongoing crisis can be found in the discriminatory 1982 Citizenship Law, which rendered hundreds of thousands of people stateless and vulnerable to systemic discrimination. Protracted waves of violence since 2012 have spurred nearly one million Rohingya and ethnic Rakhine to flee Myanmar to nearby countries, particularly Bangladesh but also Thailand and Malaysia, among others. Currently, about 900,000 Rohingya are living in overcrowded camps in Bangladesh. The estimated 600,000 Rohingya who remain in Rakhine state in Myanmar continue to be subject to state-sanctioned violence. In 2018, the UN Human Rights Council Independent International Fact-Finding Mission on Myanmar recommended that named senior generals of the Myanmar military be investigated and prosecuted in an international criminal tribunal for genocide, crimes against humanity and war crimes. The International Court of Justice (ICJ) in January 2020 imposed provisional measures on Myanmar to prevent genocide while it adjudicates alleged violations of the Genocide Convention. In November 2019, the International Criminal Court (ICC) began an investigation into Myanmar’s forced deportation of Rohingya and related crimes against humanity.

On 4 June, Myanmar’s Ministry of Health announced the first confirmed case of coronavirus infection in a Muslim Rohingya within its borders. On 31 August 2020, one case of COVID-19 was confirmed in the Taung Paw relocation site in Myebon Township, one of the three camps for internally displaced people (IDP) in the country. No other cases appear to have been confirmed in other IDP camps. There remains widespread concern regarding the health risks faced by Rohingya who currently reside in IDP camps across Rakhine State. Myanmar’s nationwide “Action Plan for the Control of COVID-19 Outbreak at IDP Camps” did not include testing or plans for the country’s IDPs; moreover, Rohingya residing in IDP camps have reported heightened harassment and discrimination in relation to COVID-19 regulations. Rohingya have told Human Rights Watch that military and police forces regularly subject them to physical punishment, fines, and harassment at checkpoints. Those in need of medical referrals also reportedly struggle to obtain permission to leave the camps, to seek treatment. One Rohingya man said that a township official told him that “If people are affected [by COVID-19], you have to get treatment in the camps. They will not be allowed to the hospital.”

In April, Myanmar authorities pardoned some 25,000 prisoners under its annual Buddhist new year amnesty, reducing the overcrowded prison population to just above official capacity. However, Human Rights Watch (HRW) has criticised national prisons for being ill-equipped to deal with a coronavirus outbreak, with only 30 doctors and 80 nurses employed across the entire prison system. HRW has also criticized the government for exploiting the coronavirus pandemic to crack down on freedoms of speech and assembly. At least 500 people, including children, returning migrant workers, and religious minorities, have been sentenced to between one month and one year in prison in Myanmar since late March 2020 for violating curfews, quarantines, or other movement control orders in relation to COVID-19.


Last updated:

ENFORCEMENT DATA

Total Migration Detainees: Flow + Stock (year)
Not Available
2019
Total Number of Children Placed in Immigration Detention (Year)
Not Available
2017
Criminal Prison Population (Year)
70,000
2017
65,000
2012
66,000
2011
65,063
2007
60,000
2004
31,648
2001
53,195
1993
Percentage of Foreign Prisoners (Year)
0.8
2009
Prison Population Rate (per 100,000 of National Population)
128
2017
123
2012
126
2011
128
2007
120
2004
64
2001
120
1993

POPULATION DATA

Population (Year)
54,400,000
2020
53,897,000
2015
International Migrants (Year)
75,998
2019
73,300
2015
International Migrants as Percentage of Population (Year)
0.1
2015
Refugees (Year)
0
2016
Stateless Persons (Year)
495,939
2018
925,939
2016
1,090,000
2015

SOCIO-ECONOMIC DATA & POLLS

Gross Domestic Product per Capita (in USD)
1,203
2014
Remittances to the Country
232
2014
Unemployment Rate
2014
Net Official Development Assistance (ODA) (in Millions USD)
1,380.1
2014
Human Development Index Ranking (UNDP)
148 (Low)
2015

B. Attitudes and Perceptions

MIGRATION-RELATED DETENTION

LEGAL & REGULATORY FRAMEWORK

GROUNDS FOR MIGRATION-RELATED DETENTION

LENGTH OF MIGRATION-RELATED DETENTION

MIGRATION-RELATED DETENTION INSTITUTIONS

PROCEDURAL STANDARDS & SAFEGUARDS

DETENTION MONITORS

TRANSPARENCY

READMISSION/RETURN/EXTRADITION AGREEMENTS

COVID-19

HEALTH CARE

COVID-19 DATA

Has the country released immigration detainees as a result of the pandemic?
Unknown
2021
Has the country used legal "alternatives to detention" as part of pandemic detention releases?
Unknown
2021
Has the country Temporarily Ceased or Restricted Issuing Detention Orders?
Unknown
2021
Has the Country Adopted These Pandemic-Related Measures for People in Immigration Detention?
Unknown
2021
Has the Country Locked-Down Previously "Open" Reception Facilities, Shelters, Refugee Camps, or Other Forms of Accommodation for Migrant Workers or Other Non-Citizens?
Unknown
2021
Have cases of COVID-19 been reported in immigration detention facilities or any other places used for immigration detention purposes?
Unknown
2021
Has the Country Ceased or Restricted Deportations/Removals During any Period After the Onset of the Pandemic?
No
2020
Has the Country Released People from Criminal Prisons During the Pandemic?
Yes
2021
Have Officials Blamed Migrants, Asylum Seekers, or Refugees for the Spread of COVID-19?
Yes
2020
Has the Country Restricted Access to Asylum Procedures?
Unknown
2021
Has the Country Commenced a National Vaccination Campaign?
Yes
2021
Have Populations of Concern Been Included/Excluded From the National Vaccination Campaign?
Unknown
2021

INTERNATIONAL TREATIES

International Treaties Ratified
Ratification Year
Observation Date
ICESCR, International Covenant on Economic, Social and Cultural Rights
2017
2018
CRPD, Convention on the Rights of Persons with Disabilities
2011
2011
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2004
2004
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2004
2004
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
1997
1997
VCCR, Vienna Convention on Consular Relations
1997
1997
CRC, Convention on the Rights of the Child
1991
1991
Ratio of relevant international treaties ratified
Ratio: 7/19
Ratio of Complaints Procedures Accepted
Observation Date
0/3
2017
Relevant Recommendations Issued by Treaty Bodies
Recommendation Year
Observation Date
Committee on the Rights of the Child § 80. "The Committee strongly recommends that the State party: (a) Take the necessary measures to eliminate human rights violations against migrant boys and girls; (b) Implement comprehensive measures to address the root causes of migration , which include armed conflict, discrimination and deprivation of economic, social and cultural rights; and (c) Allow Rohingya people, including children, who fled Myanmar to return to the country, and assist them in their reintegration... 92. In the light of article 34 and other related articles of the Convention, the Committee recommends that the State party: (a) Strengthen its efforts to combat international and internal child trafficking, including by establishing more rigorous border control; (b) Increase awareness - raising, in particular among children and young people, on the risks associated with trafficking and migration; (c) Address the root causes of trafficking; (d) Ensure that adequate measures are taken to hold perpetrators of child sale, trafficking and abduction accountable for their offences; (e) Strengthen its efforts to ensure physical and psychological recovery and social reintegration of children victims of exploitation and trafficking; and (f) Continue to seek assistance from, among others, UNICEF." 2012
2012
Committee on the Elimination of Discrimination Against Women § 50. The State party: (a) Ensure the voluntary return in safety and dignity of Rohingya women and girls and facilitate gender-inclusive consultations in refugee camps to ensure the full participation of women and girls in the repatriation process; (b) Facilitate the repatriation process by not imposing a discriminatory citizenship verification process on refugee Rohingya women and their families and accept a variety of realistic forms of evidence of residence in Myanmar, including sworn statements; (c) Ensure that refugee and displaced Rohingya women and girls are not forced into segregated camps, which could result in the forcible internment of the Rohingya population in the longer term, and that they may freely choose where they are resettled, ensuring that special efforts are made to ensure the full participation of returned Rohingya women and their families in the planning and management of resettlement programmes. 2019
2019

NON-TREATY-BASED INTERNATIONAL HUMAN RIGHTS MECHANISMS

Relevant Recommendations from the UN Universal Periodic Review
Observation Date
No 2011
2017
No 2015
2017

REGIONAL HUMAN RIGHTS MECHANISMS

Regional Legal Instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date
ASEAN CATPWC Convention Against Trafficking in Persons, Especially Women and Children 2017
2017
2017

GOVERNANCE SYSTEM

Legal Tradition(s)
Common law
2017
Customary law
2017

DETENTION COSTS

OUTSOURCING

FOREIGN SOURCES OF FUNDING FOR DETENTION OPERATIONS