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Rohingya refugees: The stay lengthens amidst concerns about the care provided
View(s):By Tharushi Weerasinghe
Sri Lanka will continue to hold the Rohingya refugees who arrived in December in its care until they can be relocated to a country willing to grant them at least temporary citizenship. Foreign Minister Vijitha Herath’s office told the Sunday Times on Friday that this decision was reached following discussions between local authorities and the United Nations.
“This has been Sri Lanka’s approach in previous instances when Rohingya refugees arrived. With their safety in mind, we will keep them here until a safe country agrees to host them,” a source from the Minister’s Office confirmed. The source noted that while the United States had previously been an option for translocation, it is no longer viable under the Trump administration’s policies. “We are now exploring the possibility of resettlement in Canada or Australia,” the source added.
The Rohingya are a stateless ethnic minority from Myanmar and refugees are often escapees of the Rohingya genocide and the ongoing conflict in the country. The 116 refugees arrived on December 20, 2025, and were moved to the Air Force base, a temporary detention facility, on December 23, per Section 48 of the Immigrants and Emigrants Act.
“We are following the directives of the Immigration Department and are merely facilitating their food, accommodation, sanitation, and necessary medical facilities,” noted Air Force Spokesperson Group Captain Eranda Geeganage. He added that police protection was being provided alongside security measures within the camp.
Concerns have however been raised about the care being provided to the refugees at the SLAF base by the Human Rights Commission of Sri Lanka which released a 14-page report on the status of the asylum seekers last week.
According to the report, 57 of the refugees are children, and one was a pregnant mother that the Sunday Times has confirmed gave birth this week. With a daily allocation of Rs.500 by the Immigration Department the refugees have 3 meals consisting of rice and curry, and sometimes noodles. The HRCSL noted that the meals did not contain sufficient nutrition for the younger children of the group and while biscuits had been provided to them early on, donations to the Camp from NGOs had not been accepted since late December. Thriposha was given to the young mothers in the group.
The report stated that a team of HRCSL officials, led by the Director of the Research and Monitoring Division, visited the Mullaitivu Air Force Camp on December 26, 2024, to assess the conditions of the asylum seekers under the mandate of the HRCSL Act, No. 21 of 1996. However, they were denied access as the Department of Immigration and Emigration had not granted authorisation.
The HRCSL then summoned key state officials, including the Controller General of Immigration and Emigration, to explain the denial of access to the Mullaitivu Air Force Camp on December 26, 2024. At the meeting on December 31, Acting Controller General Nilusha Balasooriya explained access was restricted due to public health concerns, though no evidence from Public Health Inspectors was provided.
She later confirmed that the HRCSL is welcome to visit the camp. Key recommendations made at the initial meeting included verifying the refugees’ status and risks of persecution, enhancing government support for their basic needs, granting UNHCR access to registration and assistance despite its limited presence in Sri Lanka, and relocating the asylum seekers from the Mullaitivu Air Force Camp to a more suitable facility, ensuring better security, nutrition, and care, especially for children.
The report then noted that these recommendations had not been implemented by the Department of Immigration and Emigration almost a month after this meeting.
Records indicate that, despite the Act requiring a representative from the Immigration Department to be present at the detention centre at all times, only two official visits were documented. The Sunday Times reached out to Immigration Controller Nilusha Balasooriya repeatedly throughout the last month but did not receive a response.
Further recommendations were made by the HRCSL in its latest report urging authorities to appoint a focal time for efficient aid distribution, access to be granted for experts in child protection and mental health, safety measures for female refugees to be increased by deploying women police officers and providing adequate sanitation facilities.
“The asylum seekers should be relocated from the Mullaitivu Air Force Camp to a more suitable facility with proper accommodation, healthcare, and recreational spaces, particularly for children,” the report noted. Additionally, the recommendations also called for detention to be strictly temporary, with expedited registration by UNHCR to determine their legal status without unnecessary delays.
In an exclusive statement to the Sunday Times, the United Nations High Commissioner for Refugees stated that the office stands ready to register the new arrivals at the request of the Sri Lankan government and is coordinating a response mechanism with all stakeholders to ensure their protection and assistance. Spokesperson for the UNHCR Regional Bureau for Asia and the Pacific, Radhika Bhatnagar commended the Sri Lankan authorities for their life-saving actions in rescuing and safely disembarking the refugees. “Many of those disembarked are vulnerable women and children who have risked their lives in desperation, sailing for weeks on unseaworthy boats in search of protection and safety,” she stated.
In January, the Minister of Public Security and Parliamentary Affairs Ananda Wijepala expressed government intentions to deport the refugees back to Myanmar and claimed that a list of the names of the refugees has been shared with the Myanmar government.
The UNHCR noted that this would violate Sri Lanka’s obligations to the principles of international law. The statement emphasised that the principle of non-refoulement is a cornerstone of international law and that Sri Lanka is prohibited from returning refugees to any territory where their lives or freedoms may be at risk.
“According to this principle—which is binding on all States, whether they are or not State parties to the 1951 Convention Relating to the Status of Refugees—States are prohibited from returning anyone to a territory where their lives or freedom may be at risk,”
“The term ‘prohibition’ must be rooted in a clear framework—because who exactly is prohibiting it when Sri Lanka is not a signatory to the only convention on the issue?” questioned diplomatic historian Dr. George Cooke. He commended the Sri Lankan government, particularly the Air Force, for acting morally and ethically by providing food and housing for the refugees, but emphasised that the responsibility to act now lay with the United Nations.
Dr. Cooke noted that while the principle of non-refoulment exists in international law, its inconsistent application by the UN remains a significant concern. “This creates a grey area,” he said, adding that Sri Lanka has spent the past month doing what needed to be done. The pressing question now, according to Dr. Cooke, is, “What is the UN and the international community doing?” He concluded by underscoring that while Sri Lanka bears no legal obligation in this matter, the UN certainly does.
While the UN has made offers of assistance in multiple junctures, no finances had materialised at the time of press.
Twelve men from the group were arrested on suspicions of human trafficking but were later released and allowed to join the group at the SLAF base following a hearing at the Trincomalee Magistrate Court on 10th January 2024. The Department of Immigration was called to make statements on the matter on Friday (31), but the case has been postponed to 14 February.
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