The Rohingyas: Search for an identity and a home

The Rohingyas: Search for an identity and a home Name: Udhey Singh Email: [email protected] Abstract The Rohingyas have been described as one of the most discriminated ethnic communities across the globe. The majority of the Rohingyas are Muslims who mainly resided in the Rakhine state of Myanmar but since the independence of Myanmar in 1948, this community has been persecuted and chased out from their homes by the majority Buddhist community. After the Burmese coup d'état of 1962, the newly established regime orchestrated a more direct approach to remove the Rohingyas from the nation. The subsequent governments also possessed a sense of intolerance against the Rohingyas and often accusations & reports of ethnic cleansing have surfaced which pointed towards a massive humanitarian crisis. The government and the constitution of Myanmar refuse to recognize the Rohingyas as an ethnic minority or provide citizenship status and continue to treat them as outsiders along with extreme hostility. Rohingyas remain one of the largest ethnic communities who face the situation of statelessness and have struggled to find a stable refuge in other neighbouring nations. The essay focuses on the half a decade long exploitation of this community, the exodus from their homes, the role of UNHCR and the international community, the legal dimensions and primarily the condition of statelessness of the Rohingyas along with the possible solutions to the given challenges. Origins The medieval Kingdom of Arakan was once an enlightened centre of culture, knowledge and trade, showcasing a harmonic blend of Buddhism and Islam in its administration and court life. Muslim settlers arrived in this coastal kingdom as early as the 1430’s. These Muslim settlers were primarily traders, fishermen and farmers. This multi-ethnic kingdom lived in harmony until it was conquered by the Burmese in 1784 and hence starting the period of Burmese dominance in the region. Shortly after, Burma (Myanmar) was conquered by the British in 1824 and ruled until 1948 as a part of British India. During this period of British rule, migration was a common feature and Muslims as well as Hindus from Bengal also entered the region which tripled the Muslim population within a 40 year period. The Rohingyas (name derived from “Rohang” i.e. “Arakan” in the Rohingya dialect and “gya” means “from.”) were descendants of both Arakan state Muslims and Muslim & Hindu migrants, who resided in Burma for several centuries. As a result of the aid they provided during WWII, they were promised an autonomous state by the British. But this promise never materialised as the native Burmese termed this as an ‘invasion’ of the migrant workers. Myanmar (Burma) gained its independence from the British in 1948 becoming a democratic socialist country but the Rohingyas demands of a separate state remained unheard amidst this. The Inception of Oppression The systematic process of oppression of the Rohingyas started in 1962 when Myanmar became a military state as a result of the “1962 Burmese coup d'état”. The new military ruler General Ne Win implemented the ultra-nationalist ideology based on racial purification and supremacy of the Buddhist faith. The Rohingya had now become victims of state-sponsored persecution as the government began to arrest their influential members and leaders in an attempt to dissolve their social & political presence in the nation. But the beginning of the acts of genocide commenced in 1977-78 under “Operation Dragon King” which was termed as a national effort to register citizens and expel “foreigners” from their lands. Immigration and military officials collaborated in the operation conducted in northern-Arakan where the Rohingyas were the majority group. The officials allegedly used brutal methods of intimidation, murder and rape in order to evict the Rohingyas from Myanmar and as a result in May 1978, almost 200,000 to 250,000 Rohingyas fled to nearby Bangladesh. This act of fleeing as per the Burmese authorities signified the illegal status of the Rohingyas in Burma. The International Committee of the Red Cross (ICRC) and the Bangladesh government provided emergency relief to the refugees but were instantly overwhelmed by the extent of the refugee crisis. As a result, they approached the United Nations in order to seek aid and as a result, 13 camps were established along the border for the refugees. The Bangladesh government initiated dialogue with the Burmese government on the issue of repatriation as the presence of the huge population of Rohingyas would place a great economic and social burden on the locals. Soon the UN also intervened and the Burmese government reached an agreement on the repatriation of Rohingya refugees in July 1978, as a result of which 180,000 Rohingyas returned to their home in Burma. In 1982, the government once again attempted to cast out the Rohingyas by amending the constitution and passing a citizenship law in which Rohingyas had been excluded from the list of the 135 ethnic groups eligible for citizenship. The government labelled the Rohingyas as “Bengali Muslims” & illegal immigrants, hence not citizens of Burma (Myanmar). As a result of the new citizenship law, they were deprived of the most basic of human rights- the right to travel, the right to hold property, the right to access markets and medical aid, the right to marry (allowed only upon payment of a hefty ‘marriage tax’ to prevent an increase in the population of the Rohingyas), the right to possess communication technology, the right to run businesses and the most essential of all, i.e., right to live a life free of threat. In 1991-92 another similar event leading to the second exodus of Rohingyas occurred in the form of “Operation Clean and Beautiful Nation” where the Rohingyas were once again enslaved, raped, killed and maimed by the ‘Tatmadaw’ (armed forces of Myanmar). Almost 250,000 Rohingyas again escaped to neighbouring Bangladesh and were assisted by the UNHCR (United Nations High Commissioner for Refugees) in setting up 19 camps near the Cox’s bazaar in south-eastern Bangladesh. The Bangladeshi government remained fixed on their demand to send back Rohingya refugees as they felt they weren’t in a position to handle the socio-economic burden. Bangladesh was not then, and is still not, a signatory to either the 1951 U.N. Convention on the Status of Refugees or its 1967 Protocol. The Rohingya repatriation, which the Bangladeshi and Burmese governments began in September 1992, was troubled from the outset as reported by the Human Rights Watch and other international organizations. Allegations of forced repatriation began to surface with the UNHCR eventually withdrawing its support in December 1992 when it became clear that there was clear coercion. UNHCR then in August 1994, in collaboration with the Bangladeshi and Burmese governments, conducted a program of mass repatriation in which thousands of Rohingya returned to Burma each week. Initially, however, UNHCR representatives were not permitted to travel within Arakan state without prior clearance from the Burmese government, and the latter also failed to provide a firm commitment that it would recognize the rights of the Rohingya to Burmese citizenship. At the time, Human Rights Watch questioned the accuracy of the information about conditions in Arakan which UNHCR provided to the refugees and noted the concerns expressed by non-governmental organizations (NGOs) involved with the repatriation that it was being conducted in "less than optimum conditions. Eventually between the periods of 1993-1997 almost 230,000 Rohingyas returned to their native Arakan or Rakhine state. The Genocide and Refugee Crisis The Junta i.e. a group of military officials, continued to rule Myanmar from the 1962 coup till 2011 when finally the Junta was dissolved and elections were to be held after more than five decades. During this long military rule, the Rohingyas had to face tremendous difficulties and had to live through a constant state of fear. The ultimate arrival of an elected government offered the Rohingyas a glimmer of hope. But in 2012, state-wide riots occurred between the Rohingya Muslims and the ethnic Buddhist-Rakhines. The violent clashes began amid fears amongst the ethnic Buddhists that they would become minorities in the Rakhine state. Entire villages were decimated in the clashes with primarily the Rohingyas suffering more as they were killed, raped and tortured by the majority groups who were supported by the Military. It was alleged that the government organised these pogroms by inciting the Rakhine men to defend their "race and religion" from the foreigners. As per government reports, as many as 78 people were killed, more than 200 injured and 140,000 displaced as a result of the riots. In 2015, the Rohingyas were once again forcibly displaced as a result of sectarian violence. The UNHCR estimated that almost 50,000 people had left by boat in early 2015 for nearby countries such as Thailand, Indonesia, Cambodia, etc. Most of them were either denied entry or had to wait for extended periods of time on their boats, and hence International Media had dubbed the Rohingyas as “boat-people”. All evidence pointed towards the role of the intolerant Burmese authorities in this and its preparations for mass genocide. In October of 2016, ARSA (Arakan Rohingya Salvation Army) that was formed after the 2012 riots became increasingly active and hostile towards the Myanmar forces. They began to conduct small-scaled yet deadly armed attacks on border posts and police stations in the Rakhine state. This acted as a trigger event for the mass murder and horror that was to follow for the Rohingyas. The Myanmar forces began their “crackdown” as arbitrary arrests, extrajudicial killings, gang rapes, and looting etc, were carried out in the Rakhine state. Satellite images showcased the villages and Rohingya-dominated areas destroyed by the authorities which signalled another exodus. This vicious cycle of violence and suppression that began in late 2016, led to the death of more than 25,000 and migration of 700,000 Rohingyas towards nearby Bangladesh. Aung San Suu Kyi, Myanmar’s de facto leader of the time, denied of the allegations of ethnic cleansing and dismissed international criticism of her handling of the crisis, accusing critics of fuelling resentment between Buddhists and Muslims in the country. Yet, the United Nations High Commissioner for Human Rights, Zeid Ra‘ad al-Hussein termed this as a “textbook example of ethnic cleansing”. As per UN Migration agency data, the total refugee number of the Rohingyas is a staggering 1.3 million, with more than 800,000 (mostly women and children) living in the Cox’s Bazar refugee camp in Bangladesh which currently is the largest refugee camp in the world and those left behind in Myanmar according to Amnesty international are trapped by the authorities in a “dehumanizing apartheid regime,” The UNHCR later described the Rohingya refugee crisis as “the most urgent refugee emergency in the world.” Condition of Statelessness The Rohingyas have a population of around 1.5 million globally and most of them are now without a place to call home. They have been barbarically removed from the lands their ancestors lived in for centuries. Authorities in Bangladesh and Myanmar have held discussions aimed at repatriating Rohingya refugees, but the efforts have so far foundered. In late 2019, the countries agreed to repatriate several thousand refugees, but none in the designated group was willing to return to Myanmar till their citizenship rights are guaranteed which the Myanmar government refuses to provide. Other than this, seeking asylum in neighbouring countries has been increasingly challenging for the Rohingyas. In Bangladesh, where the majority of the community has taken refuge, they are not allowed to leave the camps and are often deprived of basic services and necessities, with persistent shortages in humanitarian aid, and the overcrowded camps have also become vulnerable to extreme weather (especially monsoons). Instances of catastrophic fires spread in the camps, causing dozens of deaths and also the impact of the COVID-19 pandemic has also exacerbated health crises in the camps. In south-east Asia, the Rohingyas have helplessly looked towards India in order to escape the torment of their native lands. They have attempted to seek refuge in the national capital of Delhi and some have even settled in U.P, Haryana, and Jammu, living in deplorable conditions, with scant access to drinking water, electricity or sanitation. The newly formed NDA-led union government in 2014, has visibly opposed such settlements while pressing on deportations & justifying it on the basis that they’re not signatories of the 1951 UN Refugee convention & that the Rohingyas were illegal settlers. According to media reports citing government estimates, the number of Rohingyas in India was 10,500 in 2015 and increased four times to 40,000 in the following two years. Towards the middle of 2017, the Indian government ordered to identify & deport the Rohingyas who were labelled as “illegal immigrants” and threats to the internal security of India. Hundreds of Rohingyas have been detained in places such as Jammu & threatened with deportation despite having UNHCR refugee cards which are granted only to refugees who have fled persecution. There has been a clear infringement of the guaranteed fundamental rights under Article 14 & 21 which offer protection to all, including refugees. Indian human rights advocates such as Colin Gonsalves have continued to represent the Rohingyas and prevent their deportation back to Myanmar which the Indian government has visibly opposed. The Indian judiciary has also not offered much hope as they too have echoed the government’s submissions on the Rohingya posing an internal security threat in cases related to the detention of Rohingyas. Moreover, the passage of the new Citizenship Amendment Act of 2019 which excluded Muslims & migrants from non-Muslim countries fleeing persecution to India (Rohingyas), has clearly shown the intent of the Indian government to cast out the Rohingya refugees. In other countries as well such as Malaysia, Thailand and Indonesia, etc, the Rohingyas remain illegal immigrants, unable to neither work nor study while also being deprived of basic facilities. Restoration & Recovery: future course of action The role of the UN in the crisis since the 1970s has been an ambiguous one as it has had limited operational presence, but it must make use of political leverage and opportunities to expand its role with a human rights and refugee protection focus in Myanmar. Advisory commissions such as the “Kofi Annan Commission Report” did put forth recommendations to surmount the political, socio-economic and humanitarian challenges that the Rakhine State currently faces, but could never be truly implemented. Although UN agencies such as UNHCR have actively involved themselves in the refugee crisis, yet no fixed solution of repatriation or resettlement has been attained. In order to lighten the burden, resettlement plans in low-density population countries can also be taken up, as nations like Canada have previously communicated its interest to resettle Rohingya refugees from Bangladesh. This procedure can be overlooked by UNHCR in order to streamline the settlement process. In order to provide financial aid to the nation bearing the socio-economic costs (Bangladesh) and for the rehabilitation of the Rohingyas, a Joint Response Plan (JRP) was launched in 2018 for the Rohingya Humanitarian Crisis calling for US$951 million to continue delivering lifesaving assistance by the UN. The international community cannot overlook the serious violations of human rights experienced by the Rohingya. Some measures of accountability and seeking justice for the Rohingya are essential and must remain on the agenda. The investigation underway by the ICC (International Criminal Court) and proceedings before the ICJ (International Court of Justice) are important steps as in an interim verdict in 2020, the ICJ approved emergency “provisional measures” compelling Myanmar to halt persecution against Rohingya but a resolution of these international justice measures will take several years. Beyond individual criminal and state accountability, and of more immediate impact, UN human rights monitors have suggested an embargo on business interests tied to the Tatmadaw & to cut off financial and other support through which they continue to influence the socio-political scenario of Myanmar. More importantly, the government of Myanmar must be persuaded and pressed to create inclusive policies which recognise the Rohingyas as part of their culture & history while also providing a safe environment for the advancement of this otherwise disadvantaged community. This suffering of the Rohingyas has now almost lasted a century. From being promised a separate state by the British masters, to being chased out of their own homes and now being unwelcomed & forced to live in restricted spaces without rights. This series of treatment justifies the statement of the UN on the Rohingyas being “the most persecuted minority in the world”. Although, the above given measures serves as a move in the right direction but the entire international community and most importantly the influential South-east Asian countries such as India- must think beyond race, religion, boundaries, treaties and adopt the humanitarian approach & principles that seem to have disappeared in contemporary times. References Ahmed, Akbar. 2012. “The Rohingya: Myanmar’s outcasts”, Al Jazeera, Accessed 13 October, 2021 https://www.aljazeera.com/indepth/opinion/2012/01/201212710543198527.html. Abdu, Sadik. 2018. “Myanmar deprives Rohingya of their identity”, Anadolu Agency. 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