Geneva: The United Nations Special Rapporteur on the situation of human rights in Myanmar on Wednesday urged the Government of Malaysia to halt an ongoing plan to repatriate 5,000 Myanmar nationals, and separately condemned a deadly airstrike by Myanmar’s military on a civilian marketplace in Rakhine State that reportedly killed over 50 people.
Kelley E. Currie, the independent expert appointed by the UN Human Rights Council, said she was gravely concerned by reports that Malaysia had started returning Myanmar nationals under what has been described as a voluntary repatriation programme agreed with the military authorities in Myanmar.
According to information cited by the Special Rapporteur, the first group of 1,476 individuals was repatriated on 29 September 2026. The total programme is understood to involve 5,000 people, including women and children. Currie said she had called on Kuala Lumpur to suspend the returns and to work with the UN system and other partners to address the situation of Rohingya and other refugees from Myanmar in line with international law.
Under international law, Malaysia is obligated to uphold the principle of non-refoulement, which prohibits the return of individuals to situations where they face a real risk of persecution, torture, or other serious human rights violations, she said. The principle, which is widely recognized as a norm of customary international law, applies to all persons regardless of their legal status.
Myanmar Military Airstrike on Kyauktaw Market in Rakhine Kills At Least 33, Dozens Injured
“In my assessment, the risk of refoulement in the present circumstances is substantial,” Currie said in a statement issued from Geneva on 1 October. She added that Malaysia should take note of the legal, humanitarian, and practical criteria required for any voluntary repatriation and ensure that the human rights of all Myanmar refugees in the country are protected.
The Special Rapporteur pointed to the ongoing armed conflict in Rakhine State and across Myanmar as evidence that conditions for safe return do not exist. She said the ongoing civil war, systematic violations against the Rohingya population by all parties, and widespread violence against civilians mean that the requirements for a safe, dignified, sustainable, and genuinely voluntary return are not currently in place.
She also drew attention to the situation inside Rakhine State itself, where conditions in internally displaced persons camps under the effective control of the military authorities have deteriorated to what she described as unimaginable levels of privation. Fresh reports continue to emerge of atrocities committed against Rohingya civilians by armed groups on all sides of the conflict, she said.
A central concern raised by the expert is access. Myanmar’s military authorities continue to severely restrict access for independent humanitarian assistance and for verification and monitoring of conditions on the ground, including conditions that would face any potentially returned persons. Without such access, she said, it is impossible to verify claims that returns would be safe or voluntary in substance.
In parallel with her appeal to Malaysia, Currie strongly condemned what she described as another horrific airstrike by the Myanmar military on 28 September targeting the India Market, a crowded marketplace in Pike Thae village, Kyauktaw Township in Rakhine State. Local reports indicate more than 50 civilians were killed and many more injured, with the death toll expected to rise as rescue efforts continue.
“There is an immediate need to stop normalising and legitimising the relentless and brutal violations of international law by the military using fixed-wing bombers to target civilians,” she said. “I remind Myanmar military authorities of their obligations to protect civilians under international law applicable in armed conflict.” The use of air power against civilian markets, she added, reflects a pattern of violations documented since the military takeover.
The Special Rapporteur noted that the ongoing conflict is not only endangering the remaining Rohingya population in Myanmar, particularly in Rakhine State, but is also driving new outflows of refugees from the country into neighbouring states, including Malaysia, which hosts a large number of Myanmar nationals, many of them Rohingya who are not formally recognized as refugees under domestic law.
She urged the Malaysian Government to ensure any decision-making around return is based on an individual assessment of risk, informed consent without coercion, and access to legal counsel and UNHCR. Voluntary repatriation, under international standards, must be a free choice based on accurate information about conditions at the destination and must be carried out in safety and dignity.
Currie is an independent human rights expert appointed by the UN Human Rights Council as part of its Special Procedures. Special Rapporteurs work on a voluntary basis, are not UN staff, and do not receive a salary for their work. They serve in their individual capacity, independent of any government or organization. Her mandate includes monitoring, reporting, and advising on the human rights situation in Myanmar and engaging with governments and other stakeholders to promote accountability and protection.
