HUMANITARIANISM UNDER SIEGE: THE ROHINGYA REFUGEE DILEMMA BY - RIYA KUMARI & VRADHI TIWARI
HUMANITARIANISM UNDER SIEGE: THE
ROHINGYA REFUGEE DILEMMA
AUTHORED BY
- RIYA KUMARI &
VRADHI TIWARI
Introduction
It is difficult for anyone who has
never been displaced to imagine what it is like to be a refugee.
-Kofi Annan, Former Secretary General
of the United Nations (Ullah, 2011)
In world history, many times, because
of riots, wars, and disturbances, people are forced to leave their homes, their
country of origin, and have to take shelter in other countries. These people
are termed as refugees. These people leave their places of origin
because they have to face life threats, discrimination, and other atrocities
and persecution in their own countries and are unable to move back to their
native place. In such situations, these refugees consider places they take
shelter in as their safe heaven. The word persecution refers to the
mistreatment of a group of people by some other dominant group because of some
hatred. The refugees face various issues and problems in the countries where
they flee to; they are denied their basic human rights, denied education, and
live in poor conditions, which makes this situation an issue of utmost
importance globally. Therefore, nation states should make laws on the issue and
where there are laws, focus should be made on its implementation. One of the
most suppressed groups of refugees is the Rohingya community. Rohingyas are
basically an ethnic minority consisting of Muslims, majorly living in the
western parts of Myanmar. Western Myanmar shares borders with Bangladesh and
India; they mainly speak the Bengali language. The Rohingya refugee crisis has
not originated in India only from Bangladesh but also from Myanmar.
India's history remains that we are a
very hospitable nation; we believe in the philosophy of Vasudhaiva Kutumbkam
and Atithi Devo Bhava. Yet the Rohingya refugee crisis came as a
challenge to these philosophies because it was a very complicated issue in
itself. At the world level, the refugee convention deals with the issues of
refugee crises, but India is not a signatory member of the UN Convention. India
does not have explicit laws or policies over the refugee situation. The
Rohingya community faced various atrocities and discrimination for almost five
decades starting from 1978, but this took the shape of a crisis in August of
2017. The Rohingya crisis is considered one of the biggest refugee crises. The
United Nations considers Rohingya Muslims as a highly oppressed minority
group. Myanmar and Bangladesh came into an agreement in November
2017. After the infiltrations started, the agreement stated that Myanmar would
work on the issue and soon provide solutions. The international community is
also putting pressure on the Myanmar government to resolve the issue at the
earliest convenience possible, but a constant fear instils in the international
sphere that whether the roots of the crisis will settle or not.
Historical
Background and Causes
The origin of Rohingyas is from the
Arakan region in Myanmar, which dates back to the seventh century A.D.; their
generations can be traced to Arabs, Pathans, Moors, Mughals, Central Asians,
and Indo-Mongoloid people. Predominantly the Rohingyas were Arab descendants
and followed the Muslim faith and traditional customs of Islam, but with time
this community has become culturally diverse. Myanmar was also a British
colony, under the rules of Great Britain, and became an independent republic in
1948. One third of the community is found in Rakhine state. The subject matter
of the issue is that despite the Rohingyas living in Myanmar for several
decades, they are still denied citizenship by the government. They are ready to
provide citizenship to the community only if they are able to show proofs that
their ancestor belonged to that country only. The reason behind this condition
is that the Myanmar government considers them as migrants that fled from
another country during the British colonial period. The Rohingyas have become
the world's largest stateless population owing to the citizenship laws of 1982
in Myanmar, which deny citizenship by birth.
The persecution of Rohingyas was
started way before independence and dates back to 1942-1945, the era of World
War II. At this time an administrative ruling government was formed; this
government had ties with the majority Buddhist faction and started oppressing
the Rohingya community. This oppression became the reason for refugee crises
and infiltrations in the neighboring countries, including India. The concept of
refugees is not new to India; the first refugee crisis faced by India was
during the partition in 1947. At this time a number of refugees came to
Pakistan to settle in India. Firstly, the Tibetan migrants entered India in the
year 1959. In 1960, Chakma and Hajang (modern-day Bangladesh). In 1965 and
1971, Bangladeshi refugees sought shelter in India. In 1980, Sri Lankan Tamils,
then in 2002 Rohingyas entered India.
The number of Rohingya people
residing in various countries had significantly increased till the year 2018.
The International Development Committee’s report of 2018 states that by the end
of March 2018, Bangladesh had over 1.1 million migrants, Malaysia had 1,33,263,
Thailand had 40,000, Pakistan had 55,000, and Indonesia had 1,000 Rohingya
refugees. India’s ministry of home affairs issues an official report according
to which approx. 40,000 Rohingyas came to India, and these people were
considered by the Bharatiya Janata Party as “illegal immigrants.”. As it was
perceived as a threat to national security. Thus, they have to face many
difficulties and restrictions, and they are denied basic rights like education,
the right to employment, health facilities, etc.
Impact of
Rohingya Influx in India
Rohingyas reside in India mainly in
urban areas such as Jammu, Hyderabad, Kanpur, Haryana, and the periphery of
Delhi. The 40,000 people living in India are not considered to be refugees
because India has not ratified the 1951 United Nations Refugee Convention. The
refugees do not have any permanent residence in India; they live in makeshift
homes that are not completely safe and secure. The living conditions of these
refugees are extremely harsh, as they live in densely populated areas that are
breeding grounds of various health issues like tuberculosis and other
communicable diseases. Studies conducted show that the children belonging to
the age group of six months to 59 months are severely anemic, and almost
one-fourth of the populations suffers from global acute malnutrition (GAM). The
Indian government has completely neglected the issue. They live in slum-like
settlements, where they lack proper sanitation and basic and urgent healthcare
facilities; for them, taking admission in local schools is next to impossible
because of lack of documents. They are facing blatant violations of
constitutional and human rights.
Apart from this, the women of
Rohingya Muslims face humiliation and discrimination both inside and outside
their community. In order to provide for their family, they have to work and
earn money, but getting proper employment is a task in itself, which makes
their survival a lot more difficult. The lack of proper documentation is the
major cause of their unemployment. They also cannot work in the informal sector
as they are vulnerable to exploitation. Some of their common employments are
daily wage labourers, construction workers, and rag pickers. There have been
instances where Rohingyas have been accused of being involved in criminal
activities like smuggling and even forging documents. But more often than not
these instances are overexaggerated, which causes harm to their communities'
reputation and image.
The government of India has taken a
strict stance towards Rohingya refugees, labelling them illegal migrants,
illegal Bengalis, a threat to national security, and many such similar terms.
The main arguments of the government are about national security, and under
this argument, the government has denied them basic human rights. Which shows
that the government shows no account of the national and international legal
standards of Rohingya refugees in this case. In addition to this, recently the
government of India has also decided to not recognize the UNHCR-issued cards
that gave the status of refugee to the Rohingya population.
Legal
Status of Refugees in India
At present, India does not have a
distinguished legal framework capable of dealing with the issue regarding
refugees. At the global level, there are conventions and policies that protect
the rights and dignity of the refugees owing to their vulnerable status. One
such convention is the Refugee Convention of 1951, provided by the UNHCR. India
is not a signatory to the refugee convention. This convention mainly talks
about their rights and responsibilities of a country towards their refugees and
provides them asylum. Some of the rights provided under this convention are the
right to education, the right to work, and the right to documentation provided
by the country. In 1951, the refugee convention and its “1967 protocol”
included the principles of non-refoulement, which stops states from forcefully
removing individuals from their territory who have taken refuge in their
country if there is a possibility that the refugee might face persecution or
torture in their native place or any other serious human rights violations. As
of now, 149 countries have signed this convention, but India has not signed the
refugee convention of 1951. India has not signed owing to some reasons, which
mainly are the security concern (uncontrolled refugee movement); the second
reason is that India is still a developing country, because of which India
already has limited resources, and, in this situation, providing for and
fulfilling the requirements of refugees is a difficult task. It can give rise
to terrorism (sovereignty issue); it can also increase geopolitical issues; we
can link it with the Bharat First policy.
In addition to this India is also not
a signatory or part of other international instruments like the Convention
Against Torture and other Cruel Inhuman Acts towards persons. Which is why the
perspective of India towards dealing with these issues is entirely different
and is not bound by the international organizations and institutions to deal in
a prescribed manner. Currently, it was noticed that India is restraining
Rohingya refugees in accordance with various laws, such as the Foreigners Act
of 1946 and the Passport Act of 1976. The refugees are defined as illegal
migrants according to these laws.
A PIL was filed in the Supreme Court,
asking for the release of detained Rohingya refugees. But the government has
emphasized that while these refugees are entitled to the right to life, they do
not possess the right to settle in India. In another case in 2021, the Supreme
Court of India refused the deportation of 170 Rohingya refugees detained in
Srinagar owing to national security reasons. This was held in the case of
Mohammad Salimullah and Anr. v. Union of India[1].
Further, in 2024 a PIL was instituted for acceptance of admissions of Rohingya
refugee children in local schools. This plea was also rejected by the courts.
Internationally, India is a signatory
member of the International Covenant on Civil and Political Rights (ICCPR), so
India follows the non-refoulement principle, article 7, which states no refugee
shall be returned in any manner to any country where he or she would be at the
risk of persecution. India does not have specific domestic refugee laws, but
still the Supreme Court, in the case of Vishakha v. State of Rajasthan[2]
and National Legal Services Authority v. Union of India[3],
has stated that in the absence of laws, the international norms or conventions
must be implemented so that the basic human dignity of these individuals is
mandatory.
Political
and Social Impact of Refugees in India
As India does not have specific laws
on the refugee situation, the government deals with these issues as per their
political convenience. The government has been making discriminatory decisions
with respect to the issue of Rohingya refugees; the Sri Lankan Tamil refugees
get a lot better treatment and aid as compared to the Rohingya Muslims. The
government has enacted certain laws and policies, introduced by the BJP-led
central government in India, which created more tensions for the refugee situation.
The ‘anti-Muslim’ sentiment created towards the minority refugee population is
clearly visible. Rohingyas are treated as illegal migrants, enemies, and
perpetuators of crime. The Rohingya issue made the ugly side of politics
clearly visible, with the hostile, unfavorable environment created for the
Rohingya Muslims and the Muslim minorities. The Citizenship Amendment Act,
2019, is a clear case of discrimination against the Muslim minorities, as
according to this law the non-Muslim suppressed groups are allowed to move to
India and are also granted refugee status. Despite the extreme situations in
India with respect to the Rohingya refugee crisis, India has been relatively
silent on the issue. Because of its ties with Myanmar and their international relations,
India is not pressurizing Myanmar enough to improve the situations readily.
The social challenges faced by the
refugees include lack of proper health facilities, poorly executed law and
order, public perception of the group as a security threat. The main component
of social challenges is the ‘minority stress,’ which refers to the social
issues of these groups, mainly low social security, low standard of living, and
income inequalities and discrimination; all these social issues in turn lead to
physical and mental health issues in these vulnerable groups. The Rohingyas are
subjected to racial discrimination. In India, there are no set laws for
refugees; instead, laws are made ad hoc. During the period of COVID-19,
their situation was way worse; they did not get even masks, food, or other
basic amenities. Another social problem is the unemployment issue; the
Rohingyas are denied employment, because of which they are forced to resort to
other methods and various criminal and illegal activities for the survival of
their family. Another social challenge faced in the Rohingya refugee community
is the issue of marriage; if a Rohingya woman wants to marry an Indian
national, she cannot do so as the society will not accept this relation. The
perception of this group has become so distorted among the common citizens that
the institution of marriage with a person belonging to the Rohingya community
is not considered acceptable by the people.
International
Laws on Refugees
Every person has the right to move to
another country if he is subjected to human rights violations or persecution in
his own country. This process of taking shelter in another country is known as
seeking asylum, and the UDHR (Universal Declaration of Human Rights) is one
such treaty that provides the right to seek asylum in some other place in order
to escape from persecution. Article 14(1) of the UDHR states that every
individual has the right to seek refuge in some other country. Myanmar is a
signatory of this treaty, but despite this, it failed in its responsibility to
keep the community safe from oppression and grant citizenship to them. The
Rohingyas are considered the world's largest stateless communities due to
Myanmar's refusal to grant citizenship. The United Nations (UN) was formed in 1945,
and after its formation many international organizations were formed with the
purview of safeguarding human rights and maintaining the peace and security of
vulnerable sections of the society. Some of these organizations were the UNHCR,
the UNSC, the ICC, and the ICJ.
The United Nations High Commissioner
for Refugees (UNHCR) has taken into account the actions of Myanmar and has also
criticized their actions. The main objective of UNHCR is to provide safe,
surviving conditions to the refugee population and not to forcefully send the
refugees back to their native country if there is a possibility that they will
face persecution in their nation. It also talks about the responsibilities of
host countries towards their refugee population. Similar steps have also been
taken by the United Nations Security Council and General Assembly to protect
human rights and provide aid and assistance to such groups. The International
Criminal Court (ICC) and International Court of Justice (ICJ) are also parts of
the United Nations Human Rights system. The ICC deals with the investigations
of criminal cases against severe human rights violations, for example, ethnic
cleansing, genocide, etc. The ICJ helps in the implementation of the rulings of
the ICC and also deals with the cases of human rights violations.
India has tried to maintain its ties
with Myanmar while expressing concerns over the Rohingya crisis. But a clear
difference in the approach towards Rohingya refugees and other refugees can be
observed; India's approach towards Rohingyas has been stricter and hostile.
India is a signatory to the ICCPR, so India follows the principle of
non-refoulement, which refers to the refugee not being sent back to the place
where they might face persecution. India’s decisions with respect to Rohingyas
suggest that India does not, in fact, abide by this principle. As India is a
member of the Bay of Bengal Initiative for Multi-Sectoral Technical and
Economic Cooperation (BIMSTEC), it has time and again talked about the issues of
terrorism and extremism but has tried to avoid highlighting the Rohingya issue
to avoid conflict and bilateral tensions. India is a powerful nation in the
South Asian region, and because of this, its actions are closely monitored; it
is expected to actively address the Rohingya issue while keeping a balance
between its relations with Myanmar and the rights of the refugees. However, its
silence and inactiveness could lead to other countries like China capitalizing
on this issue.
Humanitarian
Concerns/ Violation of their Basic Human Rights
The Rohingya crisis has raised severe
human rights violations, humanitarian and ethical issues, especially in India,
where the community has been denied basic human rights. The Rohingya refugees
live in very overcrowded places in makeshift houses or camps; they do not even
have a place they can call home. These places lack basic sanitation facilities
and become a ground for the spread of various communicable diseases. The
Rohingya Muslims in India do not have access to proper healthcare and are also
denied several other basic rights, such as the right to education and the right
to employment, as most of them are employed in low-paying jobs and are often
exploited and subjected to discrimination. The Rohingyas were subjected to
military suppression and persecution in Myanmar from 1978 to 2017. The United
Nations have given the term ‘ethnic cleansing’ for the pertaining
persecution.
Their situation in Myanmar is ironic
in itself; Myanmar is a member of the Association of Southeast Asian Nations
(ASEAN) since 2009, and being a member has certain responsibilities towards its
people in safeguarding their interests and ensuring their freedoms and rights.
But the Rohingya crisis is a black dot on the history of Myanmar's treatment
towards their own people and the steps to mitigate the issue. Myanmar has time
and again proved with its oppressive nature of conduct towards Rohingyas that
it does not care much about abiding by the human rights obligations. The
poverty rate in Rakhine state is significantly higher than the national
average.
The host country also has certain
responsibilities and obligations towards these oppressed and vulnerable groups,
and UNHCR actively works towards its goal to safeguard the basic human rights
of these refugees. But India, as a host country, has taken several steps that
are not in furtherance of protecting the human rights of Rohingya refugees. As
India is not a signatory to the UN Refugee Convention, it is obviously not
bound by its principles and policies, but it has been observed that the status
of Rohingya refugees in India is far worse than any other refugee groups. They
live in poor conditions and are denied the basic human rights like education,
sanitation, employment, and the right to live with dignity. In India the
Rohingya refugees face disparate treatment; they have to face unequal treatment
of different refugee groups by the government based on the geopolitical
interest; one such example is the CAA, 2019. The second major issue is the lack
of legal aid and limited access to legal representation and assistance for the
detained Rohingyas. Another issue is that they are facing dehumanizing
detention conditions; trafficking also becomes the main concern, considering
their state, especially since women and girl children are more prone or
vulnerable to such acts. The Rohingyas are the world’s largest stateless and
the most oppressed refugees, and in India their situation is not much
different.
The UNHCR actively works to provide
the refugees with an identity in the host country for which it issues certain
cards; these are known as Refuge Cards and are helpful in ensuring human rights
for them in the host country. But, since this does not have a binding effect on
the host countries, it has done little to improve the conditions at an
international level. India itself has cancelled these cards and does not grant
the status of refugee to the Rohingya Muslims.
Recommendations
The treatment of refugees in their
host countries and especially the conditions of Rohingyas in various states is
very concerning. Even in the 21st century, the people are subjected to
oppression and various atrocities to the point of their human rights violations,
and the so-called international organizations for the protection of their human
rights are still unable to do something efficiently. For the protection of the
dignity and basic human rights of such individuals, various steps can be
adopted.
·
India
should adopt the refugee policies. Even if we are not signing the international
laws, we must create a domestic law to ensure fair treatment for all refugees,
aligned with international principles.
·
The
detention conditions should also be improved; the government should reform the
detention center and address the needs of vulnerable groups.
·
The
policies and laws should be more inclusive and should not be against a
particular community or group on the basis of their religion, and the decisions
made by the government must not be biased towards any particular community.
·
India’s
ties with Myanmar and Bangladesh are equally good, because of which it has been
observed that India’s stance has been relatively silent on this issue. But
India should try to find a solution to this problem while maintaining a balance
between the diplomatic relations of both these countries.
·
Financial
assistance should also be provided to the refugee community in the host
countries. In India the Supreme Court intervened in this matter in the year
2018, where it ordered that nodal officers should be appointed by the
government at the refugee camps. It also stated that the government should
grant them certain rights, and these officers should ensure that the basic
health facilities and human rights are ensured.
·
The
government should also put an end to the surveillance and control by measures
such as taking their biometrics, and if their information is collected, they
should be given some form of identification, which could help them avail
themselves of their basic human rights and some other benefits.
Conclusion
The Rohingyas are the world’s largest
stateless population, and their status has remained so for a considerable
period of time. Still, there are no improvements in their conditions globally, and
in Myanmar, they continue to become victims of various atrocities and are
constantly subjected to persecution and violation of their basic human rights.
Their condition in India has been specifically worsened by the media portrayal
of this community. They are termed as illegal migrants, illegal Bengalis, a
threat to national security, and even terrorists, and the Indian media is
highlighting and exaggerating these notions to increase their engagement and
TRP. It is not completely correct to call them by these names. The media has
the ability to garner support and define and shape the opinions of the general
public, and at this sensitive time, their portrayal is creating more problems
and hardships for the Rohingya refugees.
The Rohingya issue taking the face of
a crisis is a clear example of the inability of the governments and
international organizations to handle this issue effectively and find an
efficient solution. While India’s argument about the concerns of national
security is valid, it should not in any manner imply that the humanitarian
rights and obligations of India towards their refugees can be ignored or
neglected. The conditions of other refugees in India are far better as compared
to the Rohingya Muslims; the laws like CAA are hostile towards this community
as it exclusively prohibits the refugee movement of the Muslim community into the
country and refuses to grant refugee status to them. One of the main challenges
for the international community is to persuade Myanmar to stop its forced
migration and atrocities on the Rohingyas. Then only the situation can be made better,
and solutions can be sought.
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Atlantis Press