Injustice ignored: a case study of the irregular sea migration of the Rohingyan boat people

Migration has always been a sensitive issue as it is oftentimes driven by a sense of tragedy and loss. This paper examines the irregular sea migration of the Rohingyan Muslims who fled from Myanmar in order to escape state-sponsored socio-cultural persecution. In their quest to find sanctuary in neighboring states such as Thailand, Malaysia, and Indonesia, the United Nations High Commissioner for Refugees report that thousands are now missing at sea, drowned, or detained in holding centers for undocumented migrants. It is against this factual backdrop that the author has chosen to make an analysis of a coastal state's rights to maritime border control vis a vis its established obligations to irregular sea migrants under the United Nations Convention on the Law of the Sea, the International Convention on Maritime Search and Rescue, the International Convention for the Safety of Life at Sea, the Refugee Convention, and various international human rights instruments. Finally, key regional and bilateral initiatives that deal with the issue will be examined.