THE PEOPLE OF NOWHERE: - ANALYSIS OF THE ROHINGYA MIGRANT CRISIS AND THE PROTECTION OF THE STATELESS. BY: ADV. AKHILA ACHUTHAN
THE PEOPLE OF NOWHERE: -
ANALYSIS OF THE ROHINGYA MIGRANT
CRISIS AND THE PROTECTION OF THE STATELESS.
AUTHORED BY: ADV. AKHILA ACHUTHAN
Associate, Marat Law
Abstract:
A world where laws pertaining to
rights do not exist is a little odd to imagine. The United Nations, among other
international bodies, have outlined a basic set of human rights which are
binding upon all those states that are signatory to such treaties enabling
those of such state to have an access to that right. Some rights, like those
abolishing slavery or freedom from torture are almost universally applicable to
all member states and citizens of those states always have access to those
rights. But what is the scenario if you do not belong to a state?
The Rohingya crisis poses this
unusual question. While they claim to be citizens of Myanmar, Myanmar
officially denied citizenship of the Rohingyas in 1982. Since then, while they
have migrated to the neighbouring countries of Bangladesh and India among
others, they are recognized as illegal immigrants of those nations and not as
citizens. This has led to blatant violation of human rights and the
justification of horrific crimes against the Rohingyas which, despite
international attention and debates, continue to this day.
This article aims at providing a
background to the Rohingyas, the chronology of the ongoing migrant crisis they
face as a result of being stateless, the issues they face both as direct and
indirect consequences of their statelessness, the laws in place concerning them
and their rights both, within Myanmar and in refugee camps outside the country,
and aims at providing further suggestions on the protection of the stateless.
Key words: Bangladesh, Citizenship,
Cox Bazaar, Crisis, Human Rights, Genocide, Immigration, India, Myanmar, Refugee,
Rohingya, Stateless
Objectives:
v Explain the history of the Rohingyas and
their cultural origins
v Understand, in detail, the history of
the migrant crisis and the cause for it.
v Explain the gravity of their crisis
and the Human Rights violations committed against them (in particular the extra
judicial killings and sexual violence committed against them.
v Analyse and critique on the laws or
systems in place to protect the Rohingyas.
v Proposals to protect Rohingyas.
v Increase existing awareness on the migrant
crisis
TABLE OF
CONTENTS
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Sr. no.
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Particulars
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Page no.
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1.
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About the Rohingya crisis
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4
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2.
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Human rights violations
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11
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3.
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International response to the Rohingya crisis and
protection of the Rohingyas
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16
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4.
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Proposals to protect the Rohingyas
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20
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5.
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Conclusion
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24
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6.
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Sources cited
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25
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About the
Rohingya crisis
Origin and culture of the Rohingyas:
The Rohingyas are a Muslim minority
community that practice a version of Sunni Islam[1]
who are believed to have originated from the Arakan state which is the
historical geographical term for the present-day Rakhine State of Myanmar and
used to call themselves “Rooinga”. However, the Burmese government is of the
opinion that the Rohingyas are not natives but are the descendants of those
Muslims who settled in the state during the era of the British colonization. A
possible justification for this perception could be the Rohingya language which
is a derivative of Bengali and a dialect of Chittagong[2].
Islamic tenets are core fundamentals
of the community with aspects like diet, marriage and ceremonies, among others,
being done as per Islamic laws[3].
The family construct is still largely patriarchal with stereotyped gender roles
where the men go off to work and the women stay at home and care for the
family.
Literacy rates are low among the
Rohingyas and cultural artforms such as folklore and music are passed down by
word of mouth. And due to its displacement, the Rohingya culture faces the
threat of fading into oblivion
History of crisis[4]:
Pre-independence:
While the modern genocide of the
Rohingyas can be said to have originated in the 1970s, the initial targeted
attacks against them can be traced back to 1785 which, as per sources dedicated
to the history of the Rohingyas, is when the Bamars (The tribe forming the
current majority of Myanmar and, by religion, are Buddhists) took over the
Arkan region. As was almost normative in those times when it came to new land
invasions, the invading Bamars conducted mass executions and deportations with
estimates suggesting an approximate of 35,000 Rohingyas escaping the region to
the bordering British Bengal.
Things seemed to take a turn for the
better for the Rohingyas when the British colonized Myanmar (then Burma) in
1824. The monarchy system until then primarily supported Buddhist citizens and
so the Buddhists of Burma began feeling that their usual power was being taken
away by the British. Consequently, there was trouble getting the Buddhist
citizens to cooperate with the British hence leading the latter to tend to
favour the Rohingyas and other Muslim denominations in the country for
administration. This preferential treatment, however, was just the calm before
the storm since it further fuelled the idea in the minds of the Burmese that
Burma is a Buddhist state motivating them to target other faiths along with the
British in subsequent freedom movements. This divide was later leveraged by
both the British and the invading Japanese during the second world war where
the Japanese and Buddhist Burmese united forces against the British and, as a
result, the Rohingyas who were loyal to the British for their support.
Post Independence:
Burma gained independence in 1948 and
the newly formed government refused to recognize the Rohingyas as citizens. In
1971, when war broke out between Pakistan and then East Pakistan (Now
Bangladesh), Burma witnessed another mass influx of Muslim immigrants fleeing
the war prompting them to expel approximately 200,000 Muslims to Bangladesh,
many of whom included the Rohingyas that were already residing in Burma prior
to the war.
In 1982, Burma enacted its
citizenship act claiming that it was offering citizenship to those communities
which existed in Burma prior to 1823 (the year the British first invaded the
nation) and, in the process, identified 135 such tribes which it claimed are
the real natives of the land. It goes without saying that the Rohingyas were
not one among the 135. The government further went on to say that those
immigrants who migrated to the lands during the colonial era are not indigenous
to the reason and are, therefore illegal which was an indirect way of saying
that the existence of Rohingyas, whom they still asserted to have arrived
during the colonial era, in the nation is illegal.
2000-2015:
Between 1980 to the early 2000s, the
Burmese government was perceivably a theocratic-military state that had its
policies made along the lines of Theravada Buddhism. Even non-Rohingya
minorities, like the Kokang and Panthay, began facing active discrimination.
Propaganda deeming Burmese as solely a Buddhist state began spreading
antagonizing civilians against these minorities.
In 2005, attempts were made by the UN
High Commissioner for Refugees assisted with repatriation of Rohingyas from
Bangladesh. However, refugees in the refugee camp complained of large-scale
human rights violations within the camps led to the UNHCR nearly winding up its
operations in Bangladesh[5].
This would have endangered nearly 20,000 Rohingyas seeking repatriation that
lived in those camps
A notable instance that made the
crack a gorge is the June incident of 2012. Reports began circulating on the 28th
of May, 2012 that Thida Hthwea, an Arkan Buddhist woman was raped and murdered
by three Muslim men in the town of Ramri[6].
This instigated a large-scale communal violence requiring the intervention of
peacekeeping security forces. As a response curfews were put in place and military
forces were then sent to the Arkan region.
These peacekeeping forces were
supposed to be impartial and initially yielded good results in reducing the
violence but eventually, the paramilitary forces brought in for peacekeeping
began aiding mobs inciting violence against the Muslims. A Rohingya man in
Sittwe, 36, told Human Rights Watch that an Arakan mob “started torching the
houses. When the people tried to put out the fires, the paramilitary shot at
us. And the group beat people with big sticks.” Another Rohingya man from the
same neighborhood said, “I was just a few feet away. I was on the road. I saw
them shoot at least six people – one woman, two children, and three men. The
police took their bodies away[7].
By 2015, Approximately 140,000
Rohingyas remained in Internationally Displaced People (IDP) camps. Most of
them were displaced post the 2012 riots. The active communal violence and
genocidal actions of the government would also go on to create guerilla
insurgency groups like the Harakh-al-yaqin[8] who,
in 2016, would go on to conduct attacks on border police in the Rakhine state
killing 9 policemen[9].
2016- present:
Following the increase in insurgent
activities (especially the Border police attack), the military began an
aggressive attack on the state. These attacks were completely unregulated and
resulted in innumerable extra-judicial killings, rapes, torture and looting
among other human rights violations. The Burmese practically hunted the
Rohingyas down even using helicopters to gun their victims down[10].
Escapees of the persecution hardly did any better with them also facing the
risk of being raped, murdered and/or tortured.
To top it all off, in a move to hush
up the atrocities, media and human rights groups have been actively prohibited
from entering the regions of conflict leading Penny Green, the director of the
international state crime initiative at Queen Mary University of London, to
refer to the Rakhine state as an “information black hole”[11].
In January, 2017, a video circulated
of police brutality towards the Rohingyas where armed police were hitting and
kicking their hapless victims. Four of the policemen involved were subsequently
detained making it the first, and a rare, instance where the government
punished one of its own forces for an action against the Rohingyas[12].
This instance was a surprise given the number of custodial deaths that had
taken place before which barely received any attention at all. Yet the
government’s move to punish the officials did not mitigate the mob attacks on
the camps and did less than nothing to prevent the abuse of power by armed
forces against the Rohingyas.
The magnitude of insurgency attacks,
naturally, increased. On 25th August, 2017, the insurgency group
Arkan Rohingya Salvation Army (ARSA) conducted an attack that left 71 people
(one soldier, one immigration officer, 10 policemen and 59 insurgents) dead[13].
The Burmese government further went on to generate reports of attacks on
Buddhists and Hindus by the Rohingyas especially the Kha Maung Seik massacre[14].
ARSA, however, declined being involved in these attacks claiming that it was
the act of the Buddhist nationals attempting to frame them[15].
In a surprising turn of events in
2019, Aung San Suu Kyi, the Nobel peace prize laureate and Myanmar’s then de
facto leader, asked the UN International Court of Justice to drop the genocide
charges against Myanmar saying it is “incomplete and misleading”[16].
This action attracted widespread criticism as until then, Suu Kyi, who had been
under house arrest for nearly 15 years due to her acts to promote democracy in
Myanmar, was being recognized as a figurehead for democracy.
In 2020, two directives were issued
by the government of Myanmar in, what seems to be, an attempt to tranquilize
the ICJ’s scrutiny on the matter. Directive No. 1/2020 orders “all Ministries
and all Regions and States Governments” to ensure its staff and others under
its control “do not commit” acts defined in the Genocide Convention. Directive
No. 2/2020 prohibits “all Ministries and the Rakhine State government” from
destroying or removing evidence of genocide.[17]”
Fact of the matter, however, is that there is no active system of checks and
balances in the Arkan region to monitor the adherence to these directives and
the top brass of Myanmar are more than happy to feign ignorance at any
violations of these rules outside the perimeter of the Arkan region.
Bordering nations to which Rohingyas
were fleeing to have since began imposing sanctions prohibiting their entry. In
2024, the Indian government stated that it needs to prioritize the well-being
of its own citizens as a developing country and as such it does not have the
bandwidth to adequately accommodate the influx of Rohingya refugees and is,
therefore, working on the repatriation of the 40,000 Rohingyas currently in the
nation[18].
Bangladesh, which has faced the largest influx of Rohingyas has called for
sanctions to be imposed against Myanmar and wishes to repatriate more than the
1 million Rohingyas currently residing in the nation. The Rohingyas in
Bangladeshi camps further claim isolation from necessary facilities and
discrimination. Thailand, not being a signatory to the 1951 United Nations
Convention Relating to the Status of Refugees or its 1967 protocol, has been
accused of committing horrific acts against refugees like pushing them on boats
with limited food and water and cutting of their engines to leave them stranded
so that the bodies of the refugees, who were almost sure to die, would deter
more refugees from coming in[19].
The reactions to the history of the
migrant situation of the Rohingyas seem to swing between “we wish we could care
for you but we have our own problems” to “We do not think you are good people”
but with either swing chiming the same note which is “You are not welcome
here”. This has resulted in the Rohingyas being officially stateless since
1982.
Human Rights violations
The Rohingya crisis shows the
animalistic bloodlust humans can bear towards one of their own kind over
something as perceivably insignificant as the religion someone is born into.
The irony is that the violence was promoted by the Buddhist nationalists who
believe in making Myanmar a Buddhist state while actively ignoring one of the
core tenets preached by the Buddha which is to never cause bloodshed. This is
the religion the great Indian king Ashoka converted to once he saw the horror
of rampant bloodshed he caused in the battle of Kalinga[20].
Yet the Burmese government seems to be more than content with its hypocritical
stance on the matter.
Two of the major crimes committed
against the Rohingyas are extra-judicial killings and sexual violence. This is
in addition to other atrocities like looting their property, arson and burning
down of entire villages, mutilations and more. While there are far more crimes
and human rights violations taken place against the Rohingyas, these two
categories form among the most devastating and horrifying crimes that showcase
the depravity mankind can stoop to.
Extra-judicial killings:
The right to a fair trial is
sacrosanct to almost every government in existence. But the true woes of not
belonging to a country can be seen in the extrajudicial executions of the
Rohingyas. Since the 2016 attack on the border posts, the extra-judicial killings
have taken a steep ascent on the graph with indiscriminate killings by law
enforcement authorities happening rampantly but with the privilege of hiding,
what are basically, these murders behind the obscurity of “it is a conflict
zone”.
The Bangladeshi Human Rights
organization Odhikar estimates an approximate of 100 deaths by law enforcement
authorities between 2017-2020 in Bangladesh alone[21]. However,
this number is based off derivative information generated by what police
authorities and locals have to say since the government of Bangladesh denies
these as being “extra-judicial” deaths claiming they are criminals killed in
gunfire exchanges or crossfires. It is difficult to verify this since the
government, naturally, will want to conceal any extra-judicial activities
undertaken by its authorities and the refugees, knowing that they are expected
to be grateful for even being permitted to breathe air, are more than likely to
conceal the truth for their self-preservation.
Independent attacks and isolated
instances in Myanmar can be used to estimate the quantum of such killings take
place and the manner in which they are carried out. The Inn Dinn massacre alone
claimed the lives of ten Rohingyas allegedly accused as ARSA members based on
which, they were executed in cold-blood without a trial[22]. In
2019, at least six Rohingya casual labourers in northern Rakhine State’s
Buthidaung Township were killed and more than 10 were wounded in an attack by
Army helicopters. None of these victims
had the privilege of a trial.
The UN suggests a graver number as it
says that over 10,000 Rohingyas have been killed since Myanmar’s attacks began[23].
One can only assume that none of these victims had the opportunity to even
appear before a court of law let alone have a trial based on fairness and
impartiality. The lack of transparency of the Burmese government on the reports
is nothing short of a clear indicator of their complicity with the actions.
Crimes of sexual nature
As if the brutal killings are not
sufficient, the women and children of the Rohingya community are subject to
extreme humiliation and assault in the form of rapes, molestation and sodomy
among other crimes of sexual nature. The human rights watch alone reported 26
cases of violence against Rohingya, including murder, kidnapping, torture, rape
and sexual assault, and forced marriage, drawing on interviews with 45 Rohingya
refugees between January and April 2023 and supporting evidence including
police and medical reports. Victims report facing layers of barriers to police,
legal, and medical assistance, with the authorities failing to provide
protection, improve security, or prosecute those responsible[24].
The fact remains that owing to their statelessness, the Rohingyas rely on NGO’s
to at least be heard, if not aided, since the laws of the country they
emigrated to barely offer them any protection.
A 2019 UN fact finding mission[25]
generated a report on the sexual crimes conducted against the Rohingyas which
painted a grim image. The research, based on interviews with hundreds of
refugees, reported instances of genital mutilation, attacks on pregnant women, rape,
torture and even sexual slavery. The extent of the damage has also led to the
infertility of some women. The torture is almost doubled when the victim is a
transgender.
The assaults of such nature are not
just limited to women and children alone. A disturbingly pervasive trend has
been reported by the Oxford Academic International Journal of Transitional
Justice[26]
where the crimes committed against the Rohingya men ranged from forced exposing
and sodomy to forced participation in sexual crimes against the women of the
community. The article cited the 2019 UN fact finding mission which observed
that the Myanmar Border Guard Police have been forcing men and young boys to
expose themselves. Knowing that nudity is a taboo in the Rohingya culture, the
guards are often accused of forcing families and/or groups of people to shower
in front of one another as a form of humiliation. They are also forced into
raping the Rohingya women along with the prison guard officials. In one
incident in Kachin State’s Myitkyina Township, Myanmar Intelligence Office
agents forced two male detainees to undress and rape each other. The agents
reportedly laughed as they watched, asking “Are you enjoying yourselves?”[27]
Genital mutilation is also routinely
performed on male Rohingyas. A witness has claimed to see a pile of bodies of
around 100-150 Rohingyas with the male victims having also been castrated.
These are complemented by accounts of dead bodies missing genitalia in the
villages and towns of Lound Don in Maungdaw, Sittwe, Maw Nee Bill and Gudarm
Para, as well as multiple reports from Taung Bazar. The sheer scale, horror and
incidence of these reports led the WRC to conclude that the infliction of
genital violence by the Tatmadaw was often a precursor to killing.[28]
It is pertinent to note that owing to
limited access to public media for dissemination, the estimates observed could
very well possibly be merely a fraction of the extent of the atrocities
committed against the Rohingyas of such nature. Inadequate reporting, lack of
action by local law enforcement authorities and a general and inherent mindset
of sadism among those in control prevent the stories of their pain from even
being heard, let alone attended to.
There is yet a call of action to be
made by international organizations regarding the identification and
prosecution of the people involved in this genocide. As of now, given the
virtual media black hole within the Arkan region and the limited access of the
Rohingyas to a world outside of their refugee camps, it is increasingly
difficult to get not just an accurate estimate on the crimes committed against
them but also to understand the narrative and identify the entities actively
involved in this state-sponsored genocidal expulsion.
International
response to the Rohingya crisis and protection
of the
Rohingyas
Article 2(1) of the UN charter
specifically states that the organization is based on the sovereign equality of
all its member nations. This means that there is a limited scope for one nation
to enforce a law onto the other and as such, no state can compel Myanmar into
creating a policy that grants citizenship to the Rohingyas even though they
claim it to be the nation of their nativity. It also means that the nations to
which they emigrate to cannot be directed or forced to accept them and that
they are free to make policies accommodating or expelling them as any other
independent nation.
While, on the face of it, the
Rohingyas did find refuge in the nations near and/or bordering Myanmar like
Bangladesh, India and Pakistan and further from Islamic nations like Saudi
Arabia and Iran[29], they
are yet to find a place they can call home.
The nations in which they seek refuge
are also being accused of introducing discriminatory laws that, while not
actively persecuting the Rohingyas, implicitly yet greatly affect their status
within the confines of said nation.
A notable example of the above is
India’s infamous Citizenship Amendment Act which is easily among the most
controversial laws to have been enacted in the nation. The bill has attempted
to provide nationality to Hindus, Christians, Sikhs, Buddhists, Jains and
Parsis who have come into India before 2015 as a result of escaping persecution
from the neighbouring Islam dominated nations of Afghanistan, Pakistan and
Bangladesh. Being the secular country that it is, prima facie, this bill seems
considerate with the opinion being that since the surrounding nations are
largely Islamic and are more likely to take kindly towards other Muslims, India
does not need to prioritize their citizenship like the other religions and so
they can take the time to obtain citizenship through the usual manner which
takes approximately 11 years[30].
However, given it does not take into account that the neighbouring Islamic
nations do not consider some sects of Islam to come within the definition of
Islam as per their governments, the law can come across as severely Islamophobic
in nature. The introduction of this law, therefore, can result either in the
mass expulsion of undocumented immigrants or the refugees having to wait over a
decade to affirm themselves as citizens in the country. Given that citizenship
is crucial for prospects like jobs, housing, aid and more, the question remains
as to whether the Rohingyas can wait as long.
Bangladesh’s Cox bazaar has been the
refugee hub thus far but has failed to actively monitor the treatment of the
refugees by its own officials. In addition to reports of theft of aid and
mismanagement of provisions given as aid, Bangladesh’s personnel are also often
complicit in actively committing hate crimes against the Rohingyas. The APBn,
which has overseen security in the camps since July 2020, is itself responsible
for widespread abuses against refugees, including extortion, arbitrary arrests,
and harassment[31].
Similar complaints have been observed in almost every camp where the Rohingyas
have sought shelter in but hardly any make it to the news, much less the
headlines.
Islamic nations, while not always
enthusiastically and adequately, have extended support to the Rohingyas. In
addition to Bangladesh’s famous Cox bazaar refugee camp, Pakistan’s former
president Ayub Khan who ruled the country from 1958-1969 had allocated land to
Rohingya refugees in 1962, paving the way for two settlements – Burma Colony
and Arkanabad, which was named after the former Rakhine state – in Karachi’s
eastern neighborhood[32].
In 2017, Malaysia sent 12 tonnes of food and rations to Chittagong as aid to
the Rohingyas[33].
Azerbaijan has also sent humanitarian aid to the Rohingyas under the
instructions of president Ilham Aliyev[34].
However, there is a visible lack of solidarity being demonstrated by the
Islamic nations in spite of the realization that the persecution of the
Rohingyas is directly correlated to their Islamic faith given that they do not
make any provisions for the inclusion of Rohingya Muslims as citizens of their
nation.
Several other nations have called out
for actions on the situation including nations like Australia, UK, Algeria,
Saudi Arabia and Germany. Countries like Japan, Italy, South Korea, Kuwait and
more have also lent financial assistance. However, none have come forward with
an effective resolution regarding their citizenship. They still bear the risk
of deportation from most countries they are residing in as refugees and as such
are in a very unpredictable situation. While most nations do enable them to
live with basic freedoms such as right to life and are legally bound to act on
criminal complaints filed by them, it is not applicable to every state they
seek shelter in and even if it is, there is virtually no monitoring of their
conditions to ensure that their rights within and as per that territory are
ensured. Besides, what good is the promise of temporary security when you know
that in the blink of an eye, the very agents legally bound to protect you are
now legally enabled to persecute you?
What is observable, however, is a lot
of lip sympathy. There is no nation actively stepping forward offering to take
the refugees which is, as of now, their largest concern. Discussions have taken
place on the matter since its inception but there is yet to be an effective
resolution granting them statehood. The Rohingya have endured unimaginable
suffering, and their plight demands more than just expressions of sympathy. The
international community must take tangible steps to address the root causes of
the crisis, hold perpetrators accountable, and provide sustainable solutions
for the Rohingya people. This includes supporting humanitarian aid efforts,
advocating for the protection of Rohingya rights, and working towards a just
and equitable resolution to the crisis.
Proposals
to protect the Rohingyas
Given the nature of the matter, it is
beyond certain that a ceteris paribus approach cannot be taken when it comes to
crafting a solution to protect the Rohingyas. It is certainly not alright to
suggest that a nation actively accept the refugees since it goes against the
policies laid down in the UN charter. And calling on the UN to “take action”
without delving into what that action is supposed to be is not very helpful. However,
there are ways to mitigate the gravity of the crisis in the mind of the author
which are as follows;
1. Sanctions against the government of
Myanmar: As has been
observed in cases like the recent Russian-Ukraine war or Israel-Palestine war,
pressure can be mounted on the Burmese government if there is a united refusal
to aid the nation. As per the United Nations Department of Economic and Social
Affairs, Myanmar comes under the category of “Least Developed Country” with
over 40 percent of the population living below the national poverty line[35].
As such, it is obvious that it cannot afford limitations on the international
front. Sanctions could be placed affecting international trade, humanitarian
aid, political assistance and more. It could be perceived as bullying Myanmar
into revising its stance on the matter but it is no different than the destitute
situation it has left the Rohingyas in.
2. Incentives for setting up of aid
camps: International
organizations can use the carrot instead of the stick to reward member nations
opening up their borders to accommodate the refugees through financial grants,
united protection treaties, humanitarian aid and much more. This is especially
effective since most nations in closest proximity to Myanmar are, at the very
most, developing nations, thereby acting as a significant motivator to allow
ingress and stay to the Rohingyas on a long-term basis if not citizenship.
3. Penalization of crimes: Just like the Eichmann trial post
the second world war[36],
demonizing solely Myanmar as the culprit behind these crimes is inadequate.
There needs to be an accurate identification of the lead perpetrators and
agitators orchestrating the crimes and adequate punishment for the same. Unlike
the Eichmann trial, however, waiting for the war to finish first is not a
solution given how long it has been continuing. The Nazi war crime trials
solely had a punitive aspect to it but the criminal prosecution in this case
needs to be both punitive and deterrent in nature demanding immediate action.
4. International Rohingya refugee human
rights treaties:
There needs to be an official declaration on the Human Rights the Rohingyas,
irrespective of citizenship status, are entitled to irrespective of the nation
in which they are currently residing. Mere provision of the basic human rights
they are entitled to in spite of their statelessness can significantly reduce
the daily threats they face. Enshrining basic things like the right to life,
access to food, water and sanitation facilities, right to take criminal action
in the territory of the nation in which a crime is committed against them etc.
in the form of a legally binding international treaty enforceable on all member
nations can significantly improve their quality of life and perhaps even
promote them to become contributors to the society of the nation they are
currently seeking asylum in. The basic elements of the treaty also make it
dynamic to any nation irrespective of their own local forms of governance.
5. Access to jurisdictional civil and
criminal law reliefs:
There needs to be a binding mandate upon all UN member states, particularly the
ones that actively harbour the Rohingyas, to enable them access to the civil
and criminal law reliefs within that state. For instance, should a crime be
committed against a Rohingya refugee in Bangladesh, their complaint and the
subsequent relief offered to them or the punishment meted out to the culprit
shall be the same as that of the relief or justice any citizen of Bangladesh
would have access to whether or not that relief or justice is a privilege
solely for Bangladeshi citizens. To make it fair for the member state, the laws
can also hold the refugees equally responsible for criminal or civil
wrongdoings as any of its citizens. This way, their statelessness does not translate
into helplessness
6. United assistance initiatives: Much like the ASEAN or European
Union, bordering nations can create small unions specifically tasked with the
aiding of Rohingya refugees. This philanthropic initiative serves two purposes.
One is that it offers better protection and amenities to the Rohingyas. The
second is entering into treaties like this often can increase scope of
improvement of relations among bordering nations and bring about a sense of
amicability through such cooperation.
7. Promotion of Rohingya culture: Culture is something that is the
result of a resilient old tradition that has withstood the test of time.
Promotion of local Rohingya culture via their arts, cuisines, dances, stories
and more can generate awareness on the matter and change people’s perception of
them as the stateless and unwanted inhabitants of a soil to people with a
fascinating background. Refugee camps can open up small workshops and museums
outside its perimeter and invite visitors thereby also promoting a sense of
amicability between the refugees and the citizens of the state they are seeking
refuge in. It may also be the opportunity they need to interact with people
from different walks of life, enabling them in getting noticed and perhaps even
generating revenue for themselves and the state through tourism and patronage.
8. Change in social media depictions: Social media has the benefit of
informing people but the curse of this information being half baked until
researched into. Social media posts on the Rohingyas have pushed the narrative
of the human rights violations committed against them. However, the narrative
it pushes make their case akin to the Darfuri Muslims[37]
who still retain their Sudanese nationality whereas the Rohingya case is unique
owing to the reason that the victims, legally and as recognized
internationally, have no nationality whatsoever. Social media depictions need
to focus on showing their statelessness and emphasizing as to why being
stateless has negative results. Small advertising initiatives by the UN
affiliate organizations can just be something that gets the ball rolling but
showing the uniqueness in their suffering not only shows the plight of the
Rohingyas but also can bring more pressure on UN member nations to act on
effective solutions on the matter.
Conclusion
The Rohingya refugee crisis is a
humanitarian catastrophe unfolding in Myanmar and Bangladesh and serves as a
stark testament to the enduring power of human suffering and the fragility of
international law. The historical roots of this crisis, coupled with the
ongoing persecution, extrajudicial killings, and sexual violence, have created
a complex and deeply disturbing situation. While international aid has provided
essential support, it is vehemently clear that more comprehensive and sustained
efforts are needed to address the root causes of this crisis and ensure the
safety and well-being of the Rohingya people. By prioritizing human rights,
fostering dialogue between relevant stakeholders, and implementing long-term solutions,
the international community can work towards a future where the Rohingya are
able to live in the peace and dignity every human born to be a part of mankind
is entitled to.
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