Rights Adrift: Sexual Violence Against Rohingya Women on the Andaman Sea

Abstract

Women fleeing Myanmar in 2015 were trapped on the Andaman Sea for months when States in the region closed off places of disembarkation. Among the horrors of starvation and unsanitary conditions experienced on the boats, they faced additional risks of sexual violence. These women fled from a situation in Myanmar that severely curtailed their rights, including gender violence, which is being tried as genocide at the International Court of Justice, and were exposed to further violations while fleeing. Through interviews with survivors of the journey and those who assisted them, this article describes the experiences of these women at sea. It outlines the failure of States to apply customary principles of international law and related regional standards to protect these women. From a feminist legal theory perspective, it explores the reasons for these failures and recommends reforms to guarantee better protection at sea for women in the future.