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The Sri Lankan government has continued to deny access to the United Nations High Commissioner for Refugees (UNHCR) to more than 100 Rohingya refugees, including women and children, who have been held under military custody for over a year at an occupying air force base in Mullaitivu.
The group of Rohingyas were brought ashore in December 2024 by war-affected Eelam Tamil fishermen after being stranded at sea near Sri Lanka’s north-eastern coast while fleeing violence in Myanmar. Despite repeated requests from the UN’s refugee agency, the Sri Lankan state has refused permission for UNHCR officials to meet the detainees, assess their needs, or determine their international protection status.
“UNHCR continues to formally request access to the group to assess their needs, vulnerabilities and claims for international protection which has, to date, not been permitted,” UNHCR Bangkok office spokesperson Mariko Hall told The Leader.
“We remain concerned about the well-being of this group, especially women, children and older people. We urge the Government of Sri Lanka to allow UNHCR access to these asylum-seekers and to release them from detention to address their humanitarian and assistance needs, and to enable an assessment of their international protection needs,” Hall added in an email response.
After being rescued by Tamil fishermen in Mullaitivu, the Rohingya refugees were initially taken into military custody. Although a court later ordered that they be transferred to the Mirihana detention centre near Colombo, the group was instead diverted to the Mullaitivu air force base following what has been described as a “high-level” intervention that has never been publicly disclosed.
Since then, the refugees have been held under armed military guard, largely cut off from the outside world. The Human Rights Commission of Sri Lanka (HRCSL) was permitted to meet the group only on 9 January 2025, following repeated formal requests.
At the time of the HRCSL visit, there were 116 individuals at the base, including 57 children. Several babies have been born during the period of detention. According to The Leader, a refugee who was a minor at the time of detention gave birth late last year. Sri Lankan authorities have continued to hold the underage mother and child at the military facility.
The HRCSL has strongly criticised the continued military detention of the refugees and the refusal to grant UNHCR access.
"The UNHCR has the necessary expertise to deal with refugees. That is why we as the HRCSL have been continuously requesting the government to respond to this matter in an appropriate manner without further delay. This is a very serious situation," HRCSL Commissioner Dr. Gehan Gunatilleke said.
He stressed that the Rohingyas being held are victims of war and persecution, not criminals.
"These people are victims. But they are not treated as victims, but as criminals. This is a very tragic situation,” he said.
Dr. Gunatilleke further emphasised that humanitarian assistance should not be conditional on release from military detention and must be provided immediately.
“Only the UNHCR can ascertain whether these people are refugees. They cannot ignore (this matter) by simply saying that they have not received access. This is a humanitarian crisis that must be resolved urgently,” he said.
A majority of those detained are minors, infants, and women, raising serious concerns about Sri Lanka’s compliance with international humanitarian and human rights law.
“As a state, we are bound to act in accordance with international conventions and laws, especially when it comes to children. The law regarding children is universal. We are also bound to show greater concern for children under the International Covenant on Civil and Political Rights (ICCPR). What is more, even under our country’s law, it is very clearly stated that children’s welfare should be given priority when making decisions that concern them,” Dr. Gunatilleke said.
The HRCSL has repeatedly informed senior officials across multiple state institutions, including the Ministry of Foreign Affairs, the Department of Immigration and Emigration, the police, the security forces, and the National Child Protection Authority (NCPA), and has submitted written representations on the issue.
Yet no meaningful intervention has followed.
When asked about the status of children detained at the Mullaitivu base, UNHCR spokesperson Hall directed inquiries to Sri Lanka’s NCPA. However, repeated attempts over the past year to obtain responses from the NCPA, the Ministry of Women and Child Affairs, and related bodies have gone unanswered.
"Once they are released from detention, UNHCR will coordinate with stakeholders in Sri Lanka to support their humanitarian needs," Hall said.
