Malaysia urged to drop charges against Rohingya shipwreck survivors
Fortify Rights urges authorities to drop immigration charges against genocide survivors rescued from Langkawi boat tragedy that killed at least 36
KUALA LUMPUR, Malaysia (MNTV) — Malaysian authorities are facing condemnation after filing immigration-related charges against 11 survivors of a deadly shipwreck near Langkawi, most of them stateless Rohingya refugees fleeing systematic persecution in Myanmar.
Human rights organization Fortify Rights called on the government Tuesday to immediately withdraw the charges and provide protection instead of punishment.
The survivors were rescued on November 6 after a vessel carrying Rohingya refugees capsized along the Malaysia–Thailand maritime border, killing at least 36 people, including children. The Malaysian coast guard recovered 29 bodies, while Thai authorities located seven more along their coastline. Only 14 people survived the disaster.
Despite the humanitarian tragedy, Malaysian officials charged 11 of the survivors under the country’s Immigration Act for irregular entry during a hearing at the Langkawi Magistrate Court on November 19. The case was adjourned to December 21 due to the absence of interpreters.
Fortify Rights condemned the prosecution, saying Malaysia is violating fundamental refugee protections and failing its regional human rights obligations.
“Rohingya refugees seeking safety from an ongoing genocide, and who may be victims of human trafficking, should never be criminalized for irregular entry or punished for circumstances beyond their control,” said Yap Lay Sheng, Senior Human Rights Specialist at the organization. “These charges are an outrageous stain on Malaysia’s international rights record.”
The shipwreck is the latest episode in a deadly pattern of maritime migration driven by genocide and escalating violence in Rakhine State, Myanmar. Rohingya communities have faced mass killings, sexual violence, displacement, and systematic apartheid under the Myanmar military, forcing hundreds of thousands to flee.
Since the 2021 military coup, conflict involving the Myanmar junta, the Arakan Army, and other armed groups has intensified abuses, including forced labor, mass arrests, and conscription.
Transnational trafficking syndicates have long exploited the desperation of Rohingya refugees, promising safe passage only to subject them to extortion, torture, and enslavement. In 2019, Fortify Rights and Malaysia’s National Human Rights Commission (SUHAKAM) published a landmark investigation—“Sold Like Fish”—documenting widespread crimes against migrants between 2012 and 2015, which researchers said amounted to crimes against humanity.
The U.N. estimates that more than 600 Rohingya have died or gone missing in the Andaman Sea this year alone, underscoring what rights groups describe as a worsening regional failure to protect refugees fleeing mass atrocity crimes.
Advocates say Malaysia’s decision to prosecute survivors of a mass fatality event could set a dangerous precedent across Southeast Asia, where governments have increasingly closed borders and expanded detention instead of providing asylum.
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