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Stateless in Burma: Rohingya word wars by Amal de Chickera

In order to understand how the ‘Rohingya crisis’ has come to pass we need to consider the narrative built by three groupings of international actors - the Burmese government, host countries for Rohingya who have fled and the international community at large.

‘Rohingya crisis’ is a much bandied phrase these days. Since June this year, arbitrary arrests, disappearances, burnings, beatings, rapes, killings and other forms of persecution against this most marginalised group have led to human rights and humanitarian crises which have tainted the landscape of Rakhine State in Western Burma and given substance to the term. In order to understand how these developments have come to pass, we need to consider the narrative built around the crisis by three groupings of international actors - the Burmese government, host countries for Rohingya who have fled and the international community at large. Amidst the jockeying for position in the discourse - and opportunities to define it - the human impact of the crisis appears to have been relegated to the background. As a result, it seems that we are no closer to a solution that is just and equitable and that respects the human rights of the Rohingya.

In the context of the Rohingya crisis, the international community at large comprises two main interest groups – the Organisation of Islamic Cooperation (OIC) and what can loosely be termed as the western block (the EU, US and Australia etc.). These countries have varying degrees of interest in the Rohingya issue specifically and conflicting economic and geo-political interests in Burma more widely. According to their narratives, the Rohingya are clear victims both within Burma and (to a lesser extent) in the countries to which they flee. A sub-text to the western block version of this narrative is that the Burmese democratic transition process is also suffering because of this and other 'communal conflicts' in Burma.

According to the narrative of Bangladesh, Malaysia, Thailand and other countries which host large numbers of Rohingya refugees, the ‘crisis’ endures because of the lack of straightforward solutions to the problem. Burma is responsible, but the Rohingya are both victim (inside Burma) and burden (in their own countries). It must be noted that Bangladesh and Malaysia are also member states of the OIC.

Burma views the crisis as one caused by the existence of these unwanted people and their encroachment into its territory.
The Burmese Narrative - The Illegal, Unwanted Migrant Bengali

Let’s begin with the most repellent narrative – the Rohingya are illegal immigrants; land stealing encroachers; criminals who procreate like rabbits; dark skinned and ugly. In this view they certainly do not belong in Burma. In fact, this narrative posits that the term ‘Rohingya’ is a fiction – they are all ‘Bengali’. This racist, totally unfounded and hate-inciting position is that of the Burmese regime. It is a narrative that is shared by many Burmese, including leaders of the democratic movement and those who have never seen a Rohingya in their lives. Dating back decades, it has been used to justify acute discrimination, exclusion, abuse and violence against the Rohingya. The power of this narrative is such that in 1982 it was the basis upon which the Rohingya were stripped of their nationality. They were thus rendered stateless, which means that they are not considered as nationals by any State under the operation of its law.

The main arena within which this narrative has played out is within Burma and amongst diaspora groups. However, the regime has not shied away from making formal statements along these lines internationally: at gatherings of the Association of Southeast Asian Nations (ASEAN), amongst diplomats and to the UN High Commissioner for Refugees. No doubt, words spoken internationally have domestic audiences in mind, but they probably also stem from an understanding that the ‘new’ Burma cannot continue to operate with the impunity and isolation of the old; that it needs to engage with and attempt to win over non-Burmese actors, or in the very least, make a strong case as to why it will not succumb to international pressure.

Contested histories are an extremely potent tool for those who engage in the business of lies – they shift focus from the present to the past and divert attention from the core issues. The Burmese regime has expertly negotiated the situation, playing Rakhine (the Buddhist majority population of Rakhine State) against Rohingya, drawing on absurd historical accounts and creating a Rohingya ‘fiction’ which they have used to justify their unjustifiable laws, policies and actions. Over time these laws, policies and actions have imposed a new reality on Rakhine state in which exclusion, discrimination and arbitrariness have become the norm; marriage without bribery-induced permission is a crime; forced migration is the most common type of movement and return to Burma is illegal. The untrue narrative of ‘illegal migrant’ has taken on a truth of its own as those who commit the crime of fleeing persecution cannot legally return. In 1978, about 200,000 Rohingya who fled the country and were forcibly returned thus substantiated the ‘illegal immigrant’ narrative. Similar numbers ‘illegally migrated’ out of and back into Burma in the 1990s.

Rohingya names are also being struck off ‘family lists’ – often the only type of documentation for Rohingya and consequently the only proof that they were born in Burma. After the violence erupted in June 2012, security personnel have reportedly been visiting Rohingya homes and striking off the family list the names of persons not present at the time. They may have gone to the shops, been in hiding or been ‘disappeared’ by those very security forces or fled to Bangladesh. Whatever the reason, their absence from home renders them ‘illegal’.

Over time, and perhaps because of international pressure, this narrative has become more nuanced. The Burmese President has in some forums admitted that illegal migration is minimal and that the real problem is the Rohingya population explosion. This shift in discourse adds another layer of complexity and confusion to the narrative, particularly because it hasn’t replaced the ‘illegal immigrant’ argument, but rather formed a parallel track. Both versions (they are illegal immigrants and they multiply too aggressively) stem from the xenophobic position that the Rohingya are foreign invaders taking over Burmese lands.

The narrative does not end there. It goes on to absolve the regime of any responsibility. The fact that the Rohingya are ‘illegal immigrants’ is meant to explain why they are hated by the rest of Burma, and particularly by the Rakhine whose lands they have encroached on. This, it is posited, has driven the local ‘legal’ population to violence – and understandably so. Accordingly, the Burmese regime does not endorse the violence but, in the face of such strong sentiment, it has been powerless to prevent it from happening.

The contradictions are plentiful: Burma blocks humanitarian aid being received by those most in need; Burmese security personnel have played an active role in the violence and other crimes committed; and any contention that this all-powerful regime that yesterday ruled with an iron fist is today unable to control civilians acting on their own accord is simply laughable.

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