Did Malaysia breach non-refoulement by deporting over 1,000 Myanmar nationals?

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Malaysia's Deportation of Myanmar Nationals Raises Non-Refoulement Concerns

United Nations experts have raised serious concerns that Malaysia may have breached the principle of non-refoulement by deporting over 1,000 Myanmar nationals, including minors and toddlers, despite a court order that had halted their return. These deportations, involving 1,086 individuals sent back on three Myanmar navy ships, have led to fears that the returnees could face torture or other cruel, inhuman, or degrading treatment or punishment upon their arrival in Myanmar.
Deportation Despite Court Order

On Tuesday, over 1,000 Myanmar nationals, including children as young as three years old, were deported from Malaysia. This action proceeded despite a court order that had reportedly halted their return. The group of UN experts stated that Malaysian authorities, by proceeding with the deportation, defied this court order and violated the principle of non-refoulement, which is considered a peremptory norm of international law (jus cogens).
Breach of Non-Refoulement Principle

The UN experts articulated that the principle of non-refoulement absolutely prohibits the collective deportation of migrants without an objective risk assessment conducted for each individual case. They specifically highlighted that children should not have been separated from their families or returned without a determination that their return was in their best interests. The experts also noted concerns that the identification process and individual protection analysis for these migrants were not adequately carried out, despite the individuals being held in Malaysian immigration detention facilities for extended periods due to their irregular migration status.
Risk of Torture and Ill-Treatment

A significant concern raised by the UN experts is the potential risk to the deported individuals of being subjected to torture or other cruel, inhuman, or degrading treatment or punishment. This concern is particularly acute given the political situation in Myanmar following the February 1 military coup. The experts had previously communicated their concerns to Malaysian authorities, urging adherence to the absolute prohibition against refoulement.
Disputed Voluntary Consent and Affected Groups

While the Director-General of Malaysia's Immigration Department, Datuk Khairul Dzaimee Daud, stated that the repatriated Myanmar citizens did not include Rohingya refugees or asylum-seekers and had agreed to return voluntarily without coercion, this assertion has been contested. Refugee groups reported that asylum seekers from minority communities such as the Chin and Kachin, who are fleeing conflict and persecution, were among those deported. The experts also pointed out that any consent for voluntary return must be free of coercion, such as the threat of indefinite detention, and individuals must be fully informed of their choices.

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Did Malaysia breach non-refoulement by deporting over 1,000 Myanmar nationals?

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