By Yasmeen Aftab Ali

The Nation Pakistan

December 3, 2013

If you wish to know how it feels to be disowned by the country of your birth and the birth of your forefathers in the most literal sense one can be disowned; the right people to ask would be the Rohingya of Mynmar, once Burma.

Their status is officially of being “stateless” courtesy the 1982 (Citizenship) Law. The term “citizen” used within means a Burma citizen. Clause 3 of the Act states as follows: “Nationals such as the Kachin, Kayah, Karen, Chin, Burman, Mon, Rakhine or Shan and ethnic groups as have settled in any of the territories included within the State as their permanent home from a period anterior to 1185 B.E., 1823 A.D. are Burma citizens.” With the stroke of a pen, all those whose ancestors settled to Mynmar post 1823 have no citizenship, no claim to any rights, their presence is undocumented and they are immigrants for all practical purposes. The law states the ethnic races by name whose settlement is ‘legal’, excluding those not named even anterior to 1823. In educated western democracies like U.S, citizenship requires patient steps - not a generation after generation of denial in spite on grounds of ethnicity. Originally from North Rakhine in Mynmar, many Rohingyas left for Bangladesh to avoid the crackdown of 1978. Under pressure internationally; Burma was pushed into a repatriation agreement with Bangladesh. In a sly move, within a period of three years of this acceptance, the Burmese government enacted the 1982 citizenship law.

This poses an interesting question: can a law have a retrospective effect so to take away the existing citizenship, relegating them to “stateless” individuals? If the government found it imperative to enact a law, it must not completely overturn the rights and duties existing as in the case under question. This is reflected clearly in the concept of ‘Principle of Legality.’ The rationale is to ensure that all actions are based on well thought out legal reasoning and are not politically motivated. The absurdity of laws having retrospective effects is laid out in many international laws and spelled out in international treatiesie1949 Geneva Convention III (Article 99, first paragraph): “No prisoner of war may be tried or sentenced for an act which is not forbidden by the law of the Detaining Power or by international law, in force at the time the said act was committed.” Therefore, there is an estoppel that does not offer a carte blanche to institute laws having retrospective effect.

Not being awarded a citizenship status has other serious ramifications. A Muslim ethnic minority, without a “Citizen Certificate” awarded to legal citizens under the law; these ‘non-citizens’ must possess special permits from the authorities according to “IRIN humanitarian news and analysis,” (applicable since 1994) to marry. Rohinga couples are not permitted under law to have more than two offsprings, this restriction apparently does not apply to any other ethnic race residing in Mynmar, and they must also inform the authorities if leaving their village. Effectively what this law has done is to create a permanent class of people without any legal rights and open to persecution of sorts. By so doing, does not the given law ethnically discriminate? Hate speech against racial and ethnic groups is a well-established and recognized limitation on right to freedom of expression and speech. What then is this law if not a manifestation of the same?

All civilized nations form laws for all its citizens - not to victimize a group within. An example of this is the text of Executive Order No 11246 of the United States Labor Department that deals with Ethnic/National origin, Color, Race, Religion & Sex Discrimination. It states, “Executive Order 11246 prohibits covered federal contractors and subcontractors from discriminating on the basis of race, color, religion, sex or national origin, and requires affirmative action to ensure equal employment opportunity without regard to those factors.”

Luke Hunt reporting on November 23, 2013 for The Diplomat states that the Myanmar government rejected an appeal by the United Nations to grant citizenship to its Muslim Rohingya, “Who the government insists are illegal immigrants from Bangladesh.”There are by a rough estimate more than 200,000 Rohingya who have been displaced mainly due to discrimination. IRIN report shares this number is excluding those displaced in June 2012 violence against them. These clashes led to complete destruction of Rohingya homes. (Published November 16, 2012) The violence that erupted was the result of tensions between the Rohingya and ethnic Rakhine. This was followed by an allegation leveled against some Rohingya men of having raped a Rakhine woman. This led to a further displacement of 75,000, most of whom are Rohingya, says IRIN. These ill-fated people still languish in Sittwe Township housing refugee camps. The camp life in Mynmar is miserable. Reports claim it’s extremely difficult to get aid to the IDPs in the Sittwe Township refugee camps. Medical services are almost non-existent - the medical workers having received death threats.

According to a Human Rights Watch report “Burmese authorities and members of Arakanese groups have committed crimes against humanity in a campaign of ethnic cleansing against Rohingya Muslims in Arakan State since June 2012,” (Published April 22, 2013) it tells anyone interested in knowing of the 153 page report available ; of the “role of the Burmese government and local authorities in the forcible displacement of more than 125,000 Rohingya and other Muslims and the ongoing humanitarian crisis.” Rohingya have been “doubly” discriminated against, if such a term exists. First, by denial of citizenship, second by the current surge of violence against them.

The question that emerges here is as to why Nobel Peace Prize Winner Aung San SuuKyi silent on this humanitarian issue? Her party bagged majority seats in lower parliament in 2012 elections. Sources say she plans to run for President, come 2015. Aung San SuuKyi’s silence is also being seen by some political pundits as a tactic to win support of the pre-dominant Buddhist majority who comprise a major chunk of the “citizens” in Mynmar. It is an effort to garner political support for an ambitious future, speaking up for “non-citizen” Rohingya may result in damaging her popularity with the local Buddhists and Buddhists monks who seem to have been sucked into this vortex of hatred. To Ms Aung San SuuKyi I want to say; history will judge you. Judge you it will. You have a choice. You can either turn your back on the plight of those deserving of the attention of a Nobel Peace Prize winner. Or, you can go ahead and win the Presidential elections in 2015. If you win the Rohingy as their citizenship, you will still go on to become the President since you will return them; their honor. And with this you will win the respect of every person in the world. This genre of respect that does not come with winning of awards. The choice is yours.

To the Buddhists around the world; followers of a religion of peace, love and meditation, I say; do not let the image of your religion be tarnished because of petty local politics in one country. You must join hands and let the world see that fairness and love has the power to be above local politics. This blatant unfairness must be bought to an end.

To the UN I beseech; pass a resolution against these atrocities and ensure citizenship for the local Rohingya. The bloody atrocities against them are a clear case of ethnic discrimination. UN must play the role of a strong international organ.

I hope someone out there is listening!

The writer is a lawyer, academic and political analyst. She has authored a book titled A Comparative Analysis of Media & Media Laws in Pakistan.

Email: yasmeenali62@gmail.com

Tweet at: @yasmeen_9

Amir Jalil Bobra

The Nation PK

June 15, 2013

The Nation Pakistan

March 12, 2013

UNITED NATIONS - While the ongoing reforms in Myanmar are improving the human rights situation, there is still a large gap between these efforts and their implementation on the ground, referring especially to the discrimination against Rohingya Muslims, a UN expert said Monday.

“While the process of reform is continuing in the right direction, there are significant human rights shortcomings that remain unaddressed, such as discrimination against the Rohingya in Rakhine state and the ongoing human rights violations in relation to the conflict in Kachin state,” the Special Rapporteur on the human rights situation in Myanmar, Tomas Ojea Quintana, said.

“Now is the time to address these shortcomings before they become further entrenched and destabilise the reform process.”

Several waves of clashes between ethnic Rakhine Buddhists and Rohingya Muslims have left 115,000 people displaced in Rakhine state, while some 75,000 people have fled their homes in Kachin since fighting began in June 2011 between Government troops and the Kachin Independence Organization (KIO). The fighting intensified in September and December last year, before authorities in Myanmar announced a unilateral ceasefire in January.

“The Government must establish the truth about what happened in Rakhine state during the two waves of communal violence last June and October, and hold those responsible for human rights violations to account,” Ojea Quintana said, offering his support to pursue further investigations.

Ojea Quintana also urged the Government to ease the harsh restriction on freedom of movement for the 120,000 people who remain in camps for the internally displaced in Rakhine and to begin their relocation into integrated communities before the start of the rainy season, which will flood many camps.

In Kachin, he welcomed the recent de-escalation of violence while highlighting the needs of those who have been displaced by the fighting. “I’m particularly concerned about the situation of the 40,000 displaced in non-Government controlled areas of Kachin state, and urged the Government to provide humanitarian organizations with regular access to these areas,” he said.

In addition, the Special Rapporteur expressed concern over the rights of journalists in the country due to a draft law that threatens to undo recent progress. “This would be giving with one hand while taking away with the other.” He also noted that while people now can associate freely, protestors continue to be imprisoned and police officers are still using excessive force when managing demonstrators.

Ojea Quintana acknowledged progress in other areas, such as the release of over 800 prisoners of conscience since May 2011, but called for the immediate release of the over 250 who remain behind bars. “I welcome the committee set up by the govt to identify remaining prisoners of conscience, and recommend that it be established as a permanent body to guard against future detentions for political reasons,” he said.

Khalid Iqbal

The Nation (Pakistan)
February 4, 2013

The United Nations considers Rohingyas of Myanmar as a persecuted religious and linguistic minority. Myanmar considers this community, of about 800,000, settled in Rakhine, as illegal immigrants from Bangladesh. 

Despite their continuous residential reality, Myanmar is reluctant to grant them their due citizenship rights. Last year, a statement by Burmese President Thein Sein that “all Rohingyas should either be deported or placed in refugee camps” sparked a mass exodus. 

Needless to say, Buddhist Rakhine and Muslim Rohingya communities have co-existed for generations. They are now being forcibly segregated. Barriers have been erected across the roads in the state capital and the homes of thousands of Rakhine people have been destroyed. The divide between Buddhists and ethnic Muslims echoes of similar happenings in the Balkans. 

Myanmar’s quasi-civilian government has failed to intervene and prevent the hardships being perpetrated upon the hapless Rohingya minority. It is also ironic that the iconic lady from Myanmar, Aung San Suu Kyi, who herself faced brutality and was awarded a Nobel prize for her services to humanity, has not been able to come forward and play a meaningful role to resolve this humanitarian crisis.

The leadership in Myanmar has imposed emergency rule in response to the continued tensions in Rakhine state. However, the application of preventive rules is selective; while the Buddhists remain free to move around, Rohingyas’ movement is being incrementally restricted. 

To avoid persecution in Burma, a large number of Rohingya Muslims have fled to Bangladesh, Thailand and Malaysia, where they are treated as stateless migrants. More and more Rohingyas are now risking their lives by attempting to migrate on boats. 

If apprehended, they are deported back to Myanmar after a short trial. Hundreds of them have been arrested at the Dhaka International Airport in recent months. “Such attempts are on the rise. These Rohingyas are mostly caught at the immigration when their fake passports go under the scanner,” said Hasanul Haider, Commanding Officer of Airport Armed Police.

Myanmar has rejected an offer by the Association of Southeast Asian Nations (Asean) to begin negotiations for bringing communal violence to an end. According to Asean’s Secretary General Surin Pitsuwan: “Myanmar believes it is their internal matter. But your internal matter could be ours the next day, if you are not careful.” He proposed the setting up of tripartite talks between Asean, the UN and Myanmar’s government to prevent the violence from having a broader regional impact. 

Unfortunately, the bloodshed has led to about 180 deaths since June 2012. This year, the fighting in Rakhine has resulted in another 88 killings. Human rights organisations fear that the actual number of deaths could be much higher. Unbridled violence has also manifested the in torching of thousands of homes, resulting in thousands of Rohingya Muslims ending up in overcrowded shanty camps, where they live under sub-human conditions. 

Al Jazeera’s Wayne Hay reported from Sittwe, capital of Rakhine state, that: “Around 100,000 people have been displaced since the fighting started back in June. Most of those displaced lost their homes when they were burned down in what they say is a deliberate attempt by the predominantly Buddhist government to drive them out of the country. According to Mohammad Juhar, a Rohingya Muslim, ‘there were security forces present before the latest violence started. But when the fighting came to our town, there was no security…....When they did arrive, it was too late and they also shot into the crowds of Muslims’.“

The United Nations High Commissioner for Refugees (UNHCR) has requested Myanmar’s neighbouring countries to open their borders for those who are fleeing the country. It maintains that there are about 25,000 Rohingyas registered in Malaysia. Many Rohingya Muslims escaping the communal violence have also sought refuge in Bangladesh and Thailand. It the fact that it is a dangerous journey and after all going through that trouble, most of them are turned back. 

According to the Bangladesh Coast Guard, at least 350 would-be refugees have, reportedly, drowned in the sea since July 2012. This figure, however, reflects only those incidents that the survivors or their families have talked about. Then again, the actual number could be much higher. 

Rejected as citizens by both Bangladesh and Myammar, they continue to be victimised in the camps where they seek shelter. Jonah Fisher of BBC reports: “Deliveries to the camps on Myebon have to be made by boat, and attempts to get proper sanitation and supplies into Taung Paw have so far been blocked. Rakhine Buddhists control the jetty and are refusing to allow aid agencies’ regular access to the Rohingya camp.” Hence, obstruction by the Buddhist community was preventing aid workers from doing 90 percent of their work. Only the Burmese military could force the aid through, but it has refused to intervene. 

The Rohingyas, who have crossed over to Bangladesh and are residing in Madham Charpara, are not registered as refugees. Since 1992, the Bangladeshi government has denied permission to the UNHCR to register them. They are still considered illegal migrants and are not entitled to food, healthcare or education benefits provided by the UNHCR and its partner organisations. 

According to a survey conducted by “Doctors without Borders”, 40 percent of the deaths in unregistered camps are caused by diarrhoea. There is only one toilet for every 10 families. “The unhygienic life these refugees are leading here is the main cause of their illnesses,” said Professor Pran Gopal Datta, Vice Chancellor of Bangabandhu Medical University. 

Bill Frelick, Director of Human Rights Watch’s Refugee Programme in Bangladesh, also said: “This is sheer inhuman treatment.” He added that unregistered refugees cannot get healthcare facilities outside their camps, and the aid agencies with better medical treatments are not allowed to reach them either. The Bangladeshi government has ordered at least three international aid organisations to cease assistance to the refugees living outside registered UNHCR camps. “This is a cruel policy,” he remarked. 

Nevertheless, the ethnically Bengali, Rohingyas seek refuge in Bangladesh, which now has an estimated population of them quarter of a million. Bangladesh, however, does not appreciate their presence despite their ethnic ties to the country and has been striving to make life as difficult as possible for them in the hope that they will leave. 

The Thai government has decided to temporarily detain Rohingya migrants for six months, without upgrading their status as refugees. The National Security Council (NSC) Secretary General, Lt Gen Paradon Pattanathaboot, said that Thailand will not set up permanent refugee camps, though it could still build temporary detention centres. Bangkok promised to receive Rohingyas for a maximum of six months, but warned that it would deport those who try to escape. More than 1,400 Rohingyas have been rounded up since early January. 

Thailand has provided them with food and water on humanitarian grounds. The NSC is of the view that after the six month period, the UNHCR should take care of them. Bangkok Post has reported that on January 31, Thailand stopped the entry of boats carrying 340 Rohingyas, and officials ordered migrants to continue their travel to Malaysia after delivering them food and water. 

The question is: whether these arrests, humiliations and deportations could stop the Rohingyas from emigrating into the neighbouring countries? As long as the Myanmar government continues to treat them as aliens, the problem would persist. All countries have a moral obligation to accept refugees, who are in danger and help them to resettle. 

The UN needs to take bold steps to resolve the issue in a wholesome way, beyond its refugee dimension. It needs to act with speed and will as it did in the case of East Timor. 

The writer is a retired air commodore and former assistant chief of air staff of the Pakistan Air Force. At present, he is a member of the visiting faculty at the PAF Air War College, Naval War College and Quaid-i-Azam University. Email:khalid3408@gmail.com