A new investigative report by the international human rights organisation Fortify Rights has documented widespread abuse, arbitrary detention, and degrading treatment of Rohingya refugees in Malaysia, intensifying calls for urgent reforms and greater international scrutiny of the country’s refugee policies.

The findings highlight the precarious conditions faced by Rohingya Muslims who fled mass atrocities in Myanmar—violence widely characterised by UN investigators as bearing the hallmarks of genocide. Since the military’s brutal crackdown in 2017, more than 700,000 Rohingya were forced to flee across the region, with the majority taking refuge in overcrowded camps in Cox’s Bazar. Others have embarked on dangerous maritime journeys through the Bay of Bengal and the Andaman Sea in search of safety and economic survival.

Malaysia has long been perceived as a potential refuge for Rohingya due to religious and cultural ties. However, the Fortify Rights report suggests that many Rohingya arriving in the country encounter systemic discrimination, labour exploitation, and prolonged detention within Malaysia’s immigration enforcement system.

Arbitrary Detention and Legal Limbo

According to Fortify Rights, Rohingya refugees in Malaysia are frequently detained in immigration detention centres for prolonged periods under harsh and degrading conditions, often without access to legal representation or judicial review. The organisation documented testimonies indicating overcrowding, inadequate medical care, limited sanitation, and prolonged uncertainty for detainees.

“Malaysia’s immigration detention system is widely recognised as one of the most abusive and dysfunctional globally,” said Yap Lay Sheng, Senior Human Rights Specialist at Fortify Rights.

“For Rohingya refugees, their manufactured statelessness places them in a permanent legal limbo, where they can be detained indefinitely and exposed to years of severe abuse and inhumane treatment.”

Malaysia’s immigration detention facilities currently house more than 21,000 migrants and refugees, according to official statistics, approaching the reported maximum capacity of 21,530 detainees. Individuals from Myanmar constitute the largest group—8,884 detainees, including over 5,100 Rohingya.

Legal Gaps and International Obligations

Malaysia is not a signatory to the 1951 Refugee Convention, leaving refugees without formal legal recognition or protection under domestic law. While many Rohingya refugees are registered by the United Nations High Commissioner for Refugees (UNHCR), Malaysian authorities do not legally recognise their refugee status.

Human rights advocates argue that this legal vacuum allows authorities to criminalise refugees for “illegal entry,” placing vulnerable populations at risk of detention, exploitation, and deportation.

Nevertheless, international law experts emphasise that Malaysia remains bound by broader human rights obligations under customary international law and global conventions that prohibit arbitrary detention, collective punishment, and the forced return of individuals to places where they face persecution or serious harm.

Concerns Over New Refugee Registration Policy

The report also raises concerns about a new refugee registration initiative introduced in January by Malaysia’s Immigration Department under the Ministry of Home Affairs. The system is intended to replace UNHCR’s existing refugee registration framework.

Human rights organisations warn that without strong legal safeguards, the new mechanism could further marginalise refugees rather than strengthen their protection.

Advocates stress that any national registration system must recognise the ongoing persecution faced by Rohingya in Myanmar and ensure that refugees are not criminalised or detained simply for seeking protection.

Regional and Global Accountability

The findings come at a time when the Rohingya crisis remains one of the most protracted and politically sensitive humanitarian emergencies in Asia. Nearly a decade after the 2017 mass displacement, long-term solutions—including voluntary repatriation, third-country resettlement, or meaningful integration in host countries—remain elusive.

Human rights groups argue that the continued marginalisation of Rohingya refugees across Southeast Asia reflects broader regional failures to address the root causes of displacement and to uphold international refugee protection standards.

Fortify Rights has called on Malaysian authorities to immediately release detained refugees, end the criminalisation of asylum seekers, and implement policies consistent with international human rights law.

“The widespread abuses and violations of the rights of genuine refugees in Malaysia are directly linked to the government’s refusal to sign and implement the U.N. Refugee Convention,” said Yap Lay Sheng.

“Rather than modifying an immigration system already plagued by abuse, Malaysia should adopt international legal standards and provide meaningful protection to refugees fleeing persecution.”

For Rohingya refugees who have already endured violence, displacement, and statelessness, the report underscores a stark reality: escape from persecution does not always guarantee safety, and the search for protection across the region continues to expose them to new forms of vulnerability.