Summary 21 The experiences of most Rohingya and Bangladeshis arriving in Thailand and Malaysia by sea between 2012 and 2015 from Myanmar and Bangladesh meet the definition of human trafficking—not human smuggling. As such, the Commission and Fortify Rights note that survivors deserve protection under Malaysian law as survivors of trafficking. In the case of the Rohingya, survivors should also be protected as refugees. Ultimately, the Commission and Fortify Rights urge the Malaysian authorities to identify and prosecute all those responsible for crimes against humanity in the human trafficking of Rohingya and Bangladeshis from Myanmar and Bangladesh to Malaysia from 2012 to 2015. The state has the primary obligation to ensure justice for victims and hold perpetrators accountable. Survivors of human trafficking stranded at sea following a regional crackdown by governments in Southeast Asia, May 14, 2015. Traffickers abandoned 5,000 to 6,000 Rohingya and Bangladeshis at sea as governments refused to let them disembark for weeks, putting lives at grave risk. ©Asia Reports, May 2015.