Rohingya Issues: National & International Perspectives

Mahbubul Haque

Introduction
The Rohingya people of Burma an ethnic group existing in a state of national limbo, are one of the most severely affected communities living under the military regime in a country where human rights abuse and suffering is the norm. The systematic human rights abuses towards the Rohingya are committed with intent to destroy this particular minority community. Since 1948, about 1.5 million Rohingya people have either been expelled or have had to flee the country to escape persecution. Most of them are found in Bangladesh, Pakistan, Kingdom of Saudi Arabia, United Arab Emirates, Thailand and Malaysia. They are vulnerable without any status in those countries. (Islam, 2006, Report submitted to the Conservative Party Human Rights Commission at UK) Neither civil society organizations nor UN bodies and other international organizations properly addressed this issue since last two decades.

Who are the Rohingya? The Rohingyas are genetically related to Bengalis, Indians, Arabs and Moors, reflected in their darker skin and South Asian appearance, in contrast to the Southeast Asian appearance of recognised national groups in Burma. The Rohingyas are one of the two major indigenous people of Rakhine State (historically known as Arakan; other ethnic community is Rakhine Buddhists), the western province of Burma. The North Rakhine State is situated in the South and South East Asian junction.

The treatment of Rohingya in Burma

The State Peace and Development Council (SPDC, Burmas government) rejects the existence of a separate ethnic group called "Rohingya". The Rohingya are not considered to be a national ethnic group as provided by sec. 3 of the 1982 law, and members of the Rohingya population are therefore ineligible for full citizenship. (AI, 2004) The vast majority of Rohingyas are effectively denied Burmese citizenship; subjected to severe restrictions on freedom of movement; forced labour; forced evictions; and extortion and arbitrary taxation. The Military regime has declared the Rohingyas as non-nationals in utter disregard of their history, glorious past and establishment in the country. Planned increase in Buddhist settlements has caused serious demographic changes in northern Rakhine (Arakan). It has systematically got rid of the Rohingya population. In 1983 the military regime had declared certain townships in Rakhine such as Gwa, Paung Nagunt and Taung-gut as Muslim free zone.

Rohingyas are banned from travelling from one place to another, even within same locality, without a pass. The authorities impose very high rates of taxation on the food grains and every item they produce. The Rohingyas have to provide slave labour to build military establishments, roads, bridges embankments and pagodas. Since the promulgation of the Burma Citizenship Law in 1982, Rohingya students have been denied the right to education. The Rohingyas are banned from getting married and founding a family. No marriage permission has been granted since March 2005. Burma is not state party to most international human rights treaties. Amnesty International has consistently urged the SPDC to accede to these treaties. However, the fact that the SPDC has not done so does not release it from its obligation to respect fundamental human rights which, being provided for under customary international law, are binding on all states.

History of Influx to Bangladesh

1942 1948 100,000 Rohingya Muslims were massacred during World War II. A large number of their settlements were uprooted. (Siddique, 2007) Arakan became a province of independent Burma. Since then Rohingyas have been driving out of Burma and now living in exile as refugees. (Siddique, 2007) Muslims in Northern Rakhine State (Arakan) are given Foreign instead of National Registration Cards. Dragon King operation in Burma causes second refugee influx (200,000 persons) The Burma Citizenship Law of 1982, which violates several fundamental principles of customary international law standards, has reduced them to a position of defacto statelessness. Third refugee influx with 250,000 persons hosted in 21 camps in Bangladesh By November, 50000 refugees had been forcibly returned. (Wipperman T. & Haque M. 2007) UNHCR stops individual volrep interviews in August 1994, as thousands return to Burma each week. After this date reports of forced repatriation increase. Some Refugees were resettled in Canada as part of a pilot resettlement programme. (Wipperman T. & Haque M. 2007)

1974 1978 1982

1992 1993 1994

2007

The Rohingya in Bangladesh

The Rohingya have been leaving their home country for 30 some years now. They have gone to many different countries, but the biggest choice for them is Bangladesh. There, the Rohingya experience even more difficulty, as the Rohingya are severely poor and have little rights given to them as refugees. The Bangladeshi government has never formally given them refugee status, and have forced many of them out of the country. Around 230,000 of the refugees have been repatriated to Burma, but approximately 20,000 remain in the UNHCR administered camps. At least 100,000 Rohingya are believed to be in Bangladesh outside the camps and with no official status as refugees (MSF-Holland).

The Sufferings of Rohingya People in Bangladesh

The population density of the Rohingya community is so high, and this has an impact on the general status of healthcare. Mobility is restricted, with employment outside the camp forbidden. Refugees International noted that most Rohingyas become day labourers, undercutting the daily wage from 50 taka to around 80 taka. The Rohingya children brought up in a different culture and poverty over last two decades, which created a generation with lack of cultural identity along with mentally and socially deprived generation. It is alarming that as this issue was not properly addressed by the state and civil society, the Rohingya have also become a source of anti-social activities.

Concerning Issues
Although the Rohingya issue belongs to Burma, but it affects Bangladesh the most because of its close border with Burma. Bangladesh Government has failed to raise the issue in international level. The bilateral relationship between Bangladesh and Burma is obsessed with its economic prospects, the government successively down played the problem as a repatriation matter only that overshadowed the Rohingya issue.

The Rohingya in Malaysia

There are approximately 40000 Rohingya people who are seeking political asylum. Rohingya refugees in Malaysia are still categorised as illegal migrants. The Rohingya in Malaysia face arrest, detention, and deportation. Rohingya refugees and asylum seekers in Malaysia cope with difficult living conditions. They have little access to basic services like heath care, have to pay double the hospital fees of local Malaysians.

The biggest perpetrator of abuses against the Rohingyas in Malaysia is the Peoples Volunteer Corps or RELA. RELA uses extreme tactics, including paying volunteers for each undocumented migrant they arrest. Malaysian Government does not play pro-active role with UNHCR. UNHCR is the sole provider of protection to refugees and asylum seekers in Malaysia, and along with a few local NGOs. Malaysia has not signed the 1951 Refugee Convention or its 1967 Protocol and the Government of Malaysia does not distinguish between refugees, asylum seekers, and illegal migrants. (Sources: Refugee International: May, 2007 & Forward: December 2007)

The Rohingya in Thailand

Thailand is the one of the main destinations for political dissidents, ethnic minorities and all other groups suffering under the control of the SPDC military regime. An estimated that around 20000 Rohingyas work as illegal workers in Thailand. (Siddique, 2006) The Grassroots Human Rights Organization (GHRO) which is trying to assist this group. GHRO mentioned in their report that due to gross violation of human rights this community are expelled from Burma, at the same time most of them had no identification papers as citizen of Burma (San, 2007). More Rohingyas, boat riding refugees from Northern Rakhine state of Burma, arrested again near Ra Nong, Thailand. As a result, this group of people also faced charges of entering Thailand illegally and subsequently deported.

Thailand is not a party to the 1951 United Nations Convention on the Status of Refugees (Refugee Convention), the main international treaty for the protection of refugees, and lacks an adequate legal framework for determining refugee status.

Rohingya in other countries:

Many Rohingya people have migrated to Pakistan, Saudi Arab and other middle east countries.

Suggestions: Civil society and media should come forward and act proactively for raising awareness among the mass people and government to address the Rohingya issue properly and adequately. As a member of the UN Human Rights Council, especially GoB should prove its commitment to the refugees protection by taking immediate action to end their abuse and exploitation. To take measures for peaceful co-existence with Rakhine people and all other communities in Arakan as well as in Burma. To take measures internationally for repatriation from their refugee places and their rehabilitation in their original places. As part of civil society, Human Rights organizations should reach international level consensus through national level dialog with aiming to incorporate Rohingya issue into Burmas current democratic movement.

Resettlement programme can be initiated from western countries (Canada, which received over thousands refugees a year). As regional body ASEAN can push the Burmese present regime to resolve this issue as soon as. Other international bodies such as SAARC, OIC, BISMTEC may play positive role regarding Rohingya issue in their own perspective. GoB should allow international organizations to implement better facilities for both camp and non-camp refugees and support the establishment of better educational and skills training programmes for Rohingya community.

Thank You