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By Aman Ullah
RB Analysis
February 11, 2015

On February 2, 2015, the Burmese Parliament approved a referendum, which is called 2015 Referendum Law. This law automatically enfranchises hundreds of thousands of white card holders, who live in Burma but successive Burmese regime denied to give them full citizenship rights.

A referendum is expected to be held in mid-2015, when the public will be asked to approve amendments to Burma’s military-drafted charter. A constitutional review committee has recommended a total of 95 revisions, though they have yet to be approved by Parliament or the president.

These white card holders’ vaguely-defined legal status was being abused by the USDP and government for political gains during voting. They created this policy since 2008 when the country had a referendum.

About 700,000 of them belong to the Rohingya Muslim in northern Arakan State. The Rohingya Muslims of Arakan have a more than 1300 years old tradition, culture, history and civilization of their own expressed in their shrines, cemeteries, sanctuaries, social and cultural institutions found scattered even today in every nock and corner of the land. By preserving their own heritages from the impact of Buddhist environments, they formed their own society with a consolidated population in Arakan well before the Burmese invasions of Arakan in 1784.

Jacques Leider, in his article, ‘Between Revolt and Normality: Arakan after Burmese Conquest’ mentioned that, “we admit of a total population of Arakan of circa 250,000 in the time of (the Burmese) conquest, the country steadily lost up to 50% of its population. English observers estimated the Arakanese population at about 100,000 at the time of the British conquest.”

According to the British government document on the cultures and inhabitants of Arakan by the Secret and Political Department, Fort William dated 26th April 1826, “The population of Arracan and its dependencies Ramree, Cheduba & Sandaway does not at present exceed 100,00 souls, may be classed as -- Mughs six tenths, - Mussalman three tenths, - Burmese one tenth, Total 100,000 Souls--.” As to Mr. Paton, Sub Commissioner of Arakan, who submitted this report from Akyab, “The extent of the Population has been tolerably well ascertained, proved a census taken by Mr. Robertson, and myself, and may be considered as approximating very nearly to the truth.”

That’s means that among the 100,000 souls; Mughs 60,000, Muslims 30,000 and Burmese 10,000. So in the date of conquest of Arakan by the British, there remained thirty-thousand Muslims and these thirty thousand Muslims were living there from before, now their descendants and successors have increased leaps and bounds.

No one in British Burma would dispute that there was a group of “Arakan Muslims” who could indeed trace their roots back to the 17th Century and even earlier and who were quite distinct from the Chittagonians and Bengali immigrants to Arakan. 

According to the censuses of both 1921 and 1931, it has clearly mentioned that, ‘There was a Muslim community in Arakan, particularly in Akyab District, who prefers to call themselves Arakan-Mahomadens and were quite distinct from the Chittgonians and Bengali immigrants to Arakan.’ ‘According to Baxter report of 1940, paragraph 7, “This Arakanese Muslim community settled so long in Akyab District had for all intents and purposes to be regarded as an indigenous race.”

Indigenous peoples were the descendants of those peoples that inhabited a territory prior to colonization or formation of the present state. Hence, these Muslims of Arakan, who identify themselves as Rohingya, are for all intents and purposes to be regarded as an indigenous race and are also a racial group who had settled in Arakan/Union of Burma as their permanent home from a period anterior to 1823 A. D. (1185 B.E.). 

The Rohingya is not simply a self-referential group identity, but an official group and ethnic identity recognized by the post-independence state. In the early years of Myanmar’s independence, the Rohingya were recognized as a legitimate ethnic group that deserved a homeland in Burma

Thus, during the colonial rule the British recognized the separate identity of the Rohingyas and declared north Arakan as the Muslim Region. Again there are instances that Prime Minister U Nu, Prime Minister U Ba Swe, other ministers and high- ranking civil and military official, stated that the Rohingyas people like the Shan, Kachin, Karen, Kaya, Mon and Rakhine. They have the same rights and privileges as the other nationals of Burma regardless of their religious beliefs or ethnic background.

Being one of the indigenous races and bona fide citizens of Burma, the Rohingyas were enfranchised in all the national and local elections of Burma: - during the later colonial period (1935-1948), during the democratic period (1948-1962), during the BSPP regime (1962-1988), 1990 multi-party election held by SLORC and 2010 General Election held by SPDC. Their representatives were in the Legislative Assembly, in the Constituent Assembly and in the Parliament. As members of the new Parliament, their representatives took the oath of allegiance to the Union of Burma on the 4thJanuary 1948. Their representatives were appointed as cabinet ministers and parliamentary secretaries. 

Legislative Assembly Election of 1936

The first and only election held under the Government of Burma Act 1935 that took place in November 1936. Before 1937, Burma was a province of British Indian Empire. In 1937 Burma was separated from India under the British Administration. A new constitution came into effect. Under its provisions the people of Burma were given a bigger role to play in the running of their country.

Under the 1935 Act there were 132 seats in the House of Representatives, 91 of the seats were general non-communal seats and the remaining 41 being reserved for communal and special interest groups of which 12 were reserved for Karen (of Ministerial Burma), 8 for Indians, 2 for Anglo-Burmans, and 3 for Europeans. But, according to Martin Smith, ‘there was no separate representation for the Mons of Lower Burma; the question of seats of the Southern Chin, the Arakanese Muslims including Kamans and Myedus, the Zerbadis from the mixed Burma Muslims union. The single exception has been North Arakan, where Muslims from distinct majority constituency in several districts along the Bangladesh border.’ {Martin Smith, Burma: Insurgency and the Politics of Ethnicity 1999} Thus, the Rohingya Muslims of Akyab district North constituency, a non-communal rural constituency, were recognize as children of the soil and in the first time taken as eligible to vote or to stand for election on the ground of their being one of the indigenous communities of Burma. Mr. Ghani Markin returned on the votes of those Rohingyas as a Member of Legislative Assembly.

Constituent Assembly election of 1947

The second election was held under the Aung San-Atlee Agreement that was signed on 27 January 1947. According to that agreement, which said, ‘in order to decide on the future of Burma a Constituent Assembly shall be elected within four months instead of Legislature under the Act of 1935. For this purpose the electoral machinery of 1935 Act will be used. Election will take place in April 1947 for the general non-communal, the Karen and the Anglo-Burman constituencies as constituted under the Act of 1935, and each constituency two member shall be returned. Any Burma nationals defined in the ‘Annex A’  of the Agreement registered in a general constituency other than one of those mentioned above shall be placed on the register of a general non-communal constituency.’

According to ‘Annex A’ of the Agreement, A Burma National is defined for the purpose of eligibility to vote and to stand as a candidate at the forth coming election as British subject or the subject of an Indian State who was born in Burma and reside there for a total period not less than eight years in the ten years immediately preceding either 1st January, 1942 or 1st January 1947’.

Immediately before the last election, the Muslims of Akyab district North constituency were recognized as children of the soil and first taken as eligible to vote or to stand for election on the ground of their being one of the indigenous races of Burma, but when the Aung San - Atlee Agreement was out, the government misunderstood the position and it was notified that unless they declared themselves as Burma nationals, they would not be eligible to vote or to stand for election to the constituent Assembly.

According to Mr. Sultan Ahmed, who became later a member of Constituent Assembly, ‘It is not understood how they can be treated under clause (IV) section II of the Constitution. By so doing about 95% of the population residing in this constituency, at a stroke of the pen, become foreigners, which action they strongly felt as unjust and uncalled for.’

The Muslims of that constituencies made strong protest against this decision on the ground of their being one of the indigenous races of Burma. The government withheld the first decision and allowed the Muslims to vote or stand for elections held in March 1947. Mr. Sultan Ahmed and Mr. Abdul Gaffar returned on the votes of this Muslims as members of the constituent Assembly. They continued in their office, representing the Akyab district North constituency till Burmese independence and took the oath of allegiance to the Union of Burma on the 4th January 1948 as members of the new parliament of the Union of Burma.

‘This decision and action of the government conclusively proved that these Muslims as a whole or in-groups are accepted as one of the indigenous races of Burma. And in this connection, it may be pointed out that the Akyab district North constituency is non-communal rural constituency and these Muslims of Arakan belong to this constituency’ remarked Mr. Sultan Ahemd.

Parliamentary Elections during 1948-1962

Since the holding of the constituent Assembly till 1962 military took over, three general elections were held for both Chambers of the Parliament in 1952, 1956 and 1960 respectively. The Rohingyas had enjoyed the right to vote and the right to be elected as children of the soil in all the elections. In 1952, Mr. Sultan Ahmed, Daw Aye Nyunt (a) Zohora Begam, Mr. Abul Bashar and U Poe Khine (a) Nasir Uddin were elected as members of the Chamber of Deputies and Mr. Abdul Gaffer was elected as a member of the Chamber of Nationalities. In 1956, Mr. Sultan Ahmed, Mr. Abul Khair, Mr. Abul Bahsar and Mr. Ezahar Mian were elected as the members of the Chamber of Deputies and Mr. Abdul Gaffer remained as a member of the Chamber of Nationalities. A by-election was held for the Buthidaung North Constituency in 1957 as the election of Mr. Ezahar Main was challenged and the verdict was given against him. Mr. Sultan Mahmood was elected and he was inducted in the cabinet of U Nu as a Minister of Health. In 1960, Mr. Rashid Ahmed, Mr. Abul Khair, Mr. Abul Bahsar and Mr. Sultan Mahmood were elected as members of the Chamber of Deputies while Mr. Abdus Suban was elected as a member of the Chamber of Nationalities.

General Election during 1962- 1988 in BSPP Regime 

During the Burma Socialist Programme Party (BSPP) rule, four general elections for the People’s assembly and People’s Council at different levels were held in 1974, 1978, 1982 and 1986 respectively. These elections had been held on the basis of the 1974 Constitution.

Under the 1974 Constitution and 1973 Election Law, ‘citizens born of parents both of whom are Union nationals and citizens born of parents both of whom are Union citizens, have the right to be elected people’s representatives to the People’s Assembly or People’s Council at different levels. Persons who are not citizens of the Union of Burma have no right to vote.’

According to the 1974 Constitution, ‘citizens are those who are born of the parents whom are nationals of the Socialist Republic of Union of the Burma and who are vested with citizenship according to existing laws on the date of this constitution comes into force.’ 

Former Minister for Mines Dr. Nyi Nyi and Deputy Minister for Foreign Affairs Minister U Win Ko had to resign from the position of the members of cabinet and People’s Assembly, as they could not fulfill the requirement of the said law.

The Rohingyas had enjoyed the right to vote and the right to be elected as people’s representatives to the Organ of State power at different levels. No Rohingya who had either been elected or who had applied for the nomination had neither been challenged nor barred from participation or asked to resign after being elected.

Multi-Party Election of 1990

SLORC held multi-party general election in May 1990. The Rohingya were not only allowed to vote but also, in their exercise of franchise, elected four Rohingya members of Parliament. U Chit Lwin (a) Ebrahim, Mr. Fazal Ahmed, U Kyaw Min (a) Shomshul Anwarul Haque, and U Tin Maung (a) Nur Ahmed have been elected as members of the Parliament.

Under the1989 election law ‘all citizens, associate citizens and naturalized citizens are permitted to vote, but only the citizens are allowed to stand for election. No foreign residents were allowed to vote.’ Thus, allowing taking part in the national elections must be upheld as a measure of recognition for the Rohingyas as full citizens.

In fact the Rohingyas were not only permitted to vote but also to form their own political parties during the May 1990 election. Two parties were formed the Students and Youth League for Mayu Development and the National Democratic and Human Rights (NDPHR). The NDPHR won all four seats in Maung Daw and Buthidaung constituencies, and in each constituency votes for the two parties counted for 80 per cent of the total votes cast. Moreover, the turnout in both constituencies equaled the national average, at 70 per cent of eligible voters. The NDPHR also fielded candidates in four other constituencies; Kyuk Taw-1, Minbya-1, Mrauk U -2 and Sittwe -2, and they gained an average of 17 per cent of the votes while the Government- backed National Unity Party got only 13 per cent. 

Although the name of Rohingya was not permitted to use in the party title, the NDPHR was allowed to produce a booklet in Burmese called ‘Arakan and the Rohingya people: a short History’ on August 31, 1991. According to the NDPHR sources, the permission to print this booklet was rescinded two months later. 

General Election held by SPDC in 2010

A general election was held in Burma (Myanmar) on 7 November 2010, in accordance with the new constitution. This constitution was approved in a referendum held in May 2008, which was held in the midst of Cyclone Nargis.

Since 2008, Brig-Gen Phone Swe, Deputy Minister of Home Affairs, was assigned for the assessment of North Arakan situation and to organize the peoples residing there for the constitutional referendum. Brig-Gen Phone Swe managed over whelming support from Rohingyas 2008 constitutional referendum to the satisfaction of the junta. They want the same support and cooperation from Rohingyas at the coming 2010 election with joining Union Solidarity and Development Association (USDA) a political affiliate of SPDC.

Brig-Gen Phone Swe, with constant contacting Rohingyas communities of both Rangoon and North Arakan, tried to study the ground reality, perception and mind set of entire Rohingya community of Arakan for two years. After convincing with over whelming support at the referendum from these peoples and managed to take a pro-Rohingya policy by the Junta. Not only Phone Swe, other high ranking SPDC officials also made frequent visits to this area and gave various kinds of promises to the Rohingya people.

In this regard, General (Retd) Thein Sein, the then Prime Minister, accompanied by 12 ministers, a high power delegation was arrived in Buthidaung Township on 16 March 2010. There the Prime Minister held a meeting on that day where local government officers, USDA members, and Rakhine and Rhingya civil society’s members were attended. In this meeting the Prime Minister told that, “Rohingya living in Arakan State are citizens of Burma…Rohingya and government can work together for the betterment of Burmese people and development of the country….Rohingyas have been staying here and shall stay here no need to go anywhere. .. Rohingyas are majority in North Arakan and shall have legitimate rights to vote and to be elected.” 

Convincing the promises of the Prime Minister, most of the Rohingya peoples of North Arakan decided to join USDA and participate to the forth coming election. A total of 37 political parties contested in this election, which included two Rohingya political parties also contested - - National Democratic Party for Development (NDPD) and National Democratic and Peace Party (NDPP). Some independent Rohingya candidates also contested in the election.

Out 33 Rohingya contested in the polls, 21 contested with NDPD ticket, 6 with USDP ticket, 3 with NDPP ticket and 3 independent candidates. U Htay Win (a) Zahidur Rahman with USDP ticket was elected for the Nationalities Parliament. U Aung Zaw Win (a) Zakir Hussain and U Shwe Maung (a) Abdu Razak both with USDP tickets were elected for the People’s Parliament. U Aung Myo Myint (a) Jahan Gir with USDP ticket, U Aung Myint (a) Zahiddullah and U Bashir Ahmed both with UNDP tickets were elected for the State Parliament. The Rohingyas of North Arakan were overwhelmingly gone to vote with average turnover of more than 90%.

In spite of the Rohingyas, being one of indigenous races of Burma, had enfranchised in all the national elections of Burma from later colonial period to present Then Sein regime, today they are knowingly and deliberately being branded as aliens. The government vehemently denies the existence of a Rohingya ethnicity, referring to the group, even in official documents, as “Bengali.” This stems from a pervasive belief that all Rohingya are illegal immigrants from Bangladesh.

However, The USDP needs the votes of these people in upcoming referendum and election then they approved this Referendum Law of 2015 that allows white card holders to take part in a future referendum on amendments to the constitution. 

Parliament’s recent decision, which was proposed by President Thein Sein, reconfirms the USDP’s intention to again grant the group voting rights.

The constitutional referendum has yet to be scheduled, but parliament's decision also strengthens the chances that white card holders will be able to cast ballots in general elections later this year.

The prospect of the Rohingya being allowed to vote has alarmed nationalist monks and politicians who have threatened to hold mass protests next week to pressure parliament to reverse its decision.

Arakanese lawmakers and a group of opposition parties, including Aung San Suu Kyi’s National League for Democracy (NLD), are asking Burma’s Constitutional Tribunal to overturn a recent parliamentary decision to grant so-called white card holders the right to vote in a planned constitutional referendum.

Arakanese politicians are fiercely opposed to any legal recognition of the Muslim minority in northern Arakan State. They fear the Referendum Law will also allow the group the rights to vote in the general elections, scheduled for early November. Withholding Rohingya voting rights would boost the power of the Arakanese politicians, which otherwise dominate the state.

But, why did Aung San Suu Kyi’s National League for Democracy (NLD) opposing this decision. They knew that, the citizenship issue was a settled issue and the Muslims of Arakan who identify themselves Rohingya are citizens by birth. As they, their parents and their grandparents were born and bred in Burma and most of them were indigenous, under the sub clauses (i), (ii) and (iii) of Article 11, of 1947 Constitution of Union of Burma. These are fundamental rights of a citizen and the 1947 constitution provided safeguard for fundamental rights. Under this constitution, the people of Burma irrespective of ‘birth, religion, sex or race’ equally enjoyed all the citizenships rights including right to express, right to assemble, right to associations and unions, settle in any part of the Union, to acquire property and to follow any occupation, trade, business or profession.

I agree cent percent with Mr. Tha Aye, who accused protest organizers of attempting to create instability and disrupt democratic reforms and said that, they are comprised of racist politicians and ultranationalists. I do not think that NLD is such party. It is a party to which all people of the country have faith on it. Everybody believes that it has vision, it has justice and it will honor all the rights of the people. It never tries to abuse the fundamental rights of any community. 

Our earnest request to Daw Aung San Suu Kyi and other all the leaders of NLD, please do not oppose for the sake of opposition or opposing. Rohingyas never be illegal immigrants rather they are emigrants from Burma who are illegally staying in deferent parts of the world.

By Wa Lone
February 10, 2015

A Myanmar-based United Nations official has criticised a recent Ministry of Foreign Affairs statement that said the UN special rapporteur on human rights had created “discord” during her latest visit.

The statement, which was published in state-run newspapers on February 4, accused Yanghee Lee of “interfering on issues which fall within state sovereignty and domestic jurisdiction”, including the use of the term Rohingya and four draft “protection of religion” laws.

A senior UN official, who asked not to be named because he was not authorised to speak about Ms Lee’s mandate, questioned why the government was singling out the rapporteur for criticism.

He noted that the government had not issued similar statements condemning foreign leaders, such as President Barack Obama, who had also spoken out about the poor treatment of the Rohingya.

“The government doesn’t dare to criticise the United States, for example. They just attack the UN because we have more limited avenues for responding,” he said.

He said the government also failed to respond to derogatory remarks made about Ms Lee, including those by U Wirathu.

“Some Rakhine leaders even used very rude words in their meeting with the UN rapporteur [in January],” he said.

The statement was issued almost three weeks after Ms Lee left Myanmar on January 16, following a 10-day visit to the country during which she met government officials, parliamentarians, religious and community leaders, civil society representatives, victims of human rights violations and members of the international community.

At her final press conference she emphasised the need to focus on addressing urgent humanitarian and human rights needs throughout Rakhine State. She also downplayed the importance of the Rohingya versus Bengali debate.

“Without wanting to invalidate either perspective, I would like to suggest that this fixation on which word to use has paralysed progress on important issues,” she said.

The ministry’s statement, however, saw it otherwise.

On the use of Rohingya, it said that “using this controversial terminology will only pose a barrier on the road to resolving this important issue. Use of such term by the United Nations would certainly draw strong resentments of the people of Myanmar making the government’s efforts more difficult in addressing the issue.”

It called on Ms Lee to “fulfil her mandate in a professional and prudent manner. Her visit should leave the country and people of Myanmar with discord, distrust and incitement,” it said.

U Zaw Htay, the director of the President’s Office, wrote on his Facebook page that the “Myanmar government always criticises Ms Lee’s mandate. No special rapporteur got a visa under the Tatmadaw government.”

While he refused to clarify his comment, he appeared to be suggesting that Ms Lee should appreciate the government’s generosity in granting her a visa, in contrast to its predecessor.

U Sai Nyunt Lwin, secretary of the Shan Nationalities League for Democracy, said the statement might have been issued to “comfort” the Rakhine people.

Ms Lee will submit her report to the UN Human Rights Council on the situation in Myanmar in March.

In 2012, violence flared up when the Rakhine Buddhists attacked the Rohingya, killing as many as 200 and driving up to 140,000 out of their communities and into camps for internally displaced persons. 

By Nirmal Ghosh
Feb 10, 2015

Sittwe is a huddle of ancient, sagging wooden houses, stained colonial bungalows and tall, old trees full of big fruit bats and noisy crows.

It has a crowded bazaar.

It is also where the borderless sprawl of the Kaladan River meets the roiling waters of the Bay of Bengal.

There are only a few hotels for the trickle of tourists passing through, mostly fresh from nearby Ngapali beach, and on the way to the ancient Arakanese ruins of Mrauk-U.

Below a long promenade on the bay, young locals gather in the evenings for beer and football on the beach.

It is a carefree scene, but it belies the weight of a history of conflicts between the majority Rakhine Buddhists and the minority Rohingya Muslims in the western Myanmar state of Rakhine, of which Sittwe is the capital.

Some of the worst hostilities took place in 2012 in and around Sittwe, where the Rakhine Buddhists attacked the Rohingya, killing as many as 200 and driving up to 140,000 out of their communities and into camps for internally displaced persons (IDPs).

Long discriminated against in Myanmar, the Rohingya have left - in a steady trickle and sometimes in waves - overland and by sea every sailing season between October and April, down the Bay of Bengal and the Andaman Sea, for South-east Asia.

There may be up to one million Rohingya in Myanmar.

But more than one million live elsewhere as migrants or refugees, often in abject poverty and mostly in Bangladesh, Saudi Arabia and Malaysia.

The United Nations Special Rapporteur on Myanmar, Ms Yanghee Lee, said after a visit to the state last month: "Issues in Rakhine State have international implications which are of concern to all (UN) member states.

"Human rights violations… are encouraging people smuggling and generating large numbers of asylum seekers, often leading to tragic suffering and loss of life." In Sittwe, the places of worship and the IDP camps tell the story of the most recent conflicts.

Buddhist pagodas dot the town and the surrounding landscape.

Downtown, there are Hindu temples, churches and mosques, but some of the mosques are no longer being used.

Just a few hours outside the city, Ms Fatima Mohamed lives in a hut in an IDP camp after her house in town was burned down in 2012.

The 64-year-old Rohingya Muslim widow with four children finds it hard to smile.

Supplies are short.

The family depends almost entirely on food aid. Just collecting sticks and coating them with cow dung to make slow-burning firewood for cooking takes all day.

There is no running water and electricity.

With little access to proper education for the children, and formerly cordial relations with the Rakhine Buddhists in shreds, the family's future is at best uncertain and, at worst, bleak. Rakhine Buddhists account for about 60 per cent of the 3.2 million people in the state bordering Bangladesh.

Muslims, including the Rohingya, comprise about 30 per cent. The remaining 10 per cent consist of Chin people, who are Buddhist, Christian or animist, and other minorities like the Kaman, who are also Muslim.

The Rohingya, who originally came from the former East Bengal, or today's Bangladesh, to the west, have settled in the Rakhine area for generations. But the Rakhine Buddhistshave a visceral fear of losing their lands and their state to the Rohingya, whom they refer to as "Bengalis".

The Rohingya's plight today is a legacy of the conflicts and migrations of history, and the largely arbitrary designation of nation states by British colonialists when they left in the 1940s.

Rakhine State, formerly known as Arakan, is a land of rugged mountains, fertile alluvial plains, vast mud flats and endless beaches.

It is easy to see why this area has been a magnet for people, overland and especially by sea along the great curve of the Bay of Bengal.

In his 2013 book Crossing The Bay Of Bengal, University of London professor Sunil S. Amrith writes that of the nearly 30 million people who left India's shores between 1840 and 1940, all but two million travelled back and forth between the Indian sub-continent and just three destinations - Ceylon (today's Sri Lanka), Burma (Myanmar) and Malaya (the Malaysian peninsula). Massive migrations have been a constant feature of the coast.

As people moved to and fro, the Arakanese identity (of today's Rakhine people) rubbed against the ethnic Burmese identity to the east and the Bengali identity to the west. Buddhist and Islamic values also came up against each other, starting with the Mughal conquest of Bengal in the 16th century, and the rise of the Buddhist Arakan kingdom between the 15th and 17th centuries.

Arakan "has long been a frontier between Muslim and Buddhist Asia, and the politics of religion continues to heavily influence the popular consciousness", the International Crisis Group said in a report last October on Rakhine State.

The region's colonisation by the British in the mid-1800s and its subsequent independence with the arbitrary drawing of boundaries - based on imperfect data and little ground information - deepened political, ethnic and religious frictions. The border between East Pakistan - later Bangladesh - and Arakan was a frontier where "whole communities found themselves trapped on the 'wrong' side", Prof Amrith writes. Arakanese stranded in East Pakistan were fearful of mass killings.

Muslims stranded in Arakan feared the same.

Violence flared in Myanmar in 1970 and again in the 1990s, sending well over 200,000 Rohingya refugees into Bangladesh, where they still live in wretched conditions.

The fallout of history is exacerbated by the competing historical narratives of the Buddhist Rakhine and the Muslim Rohingya.

Yangon-based Dr Jacques Leider, an expert on the region's history, said in a telephone interview that a common historical narrative that is usually a binding factor even in the most diverse of countries is absent among the Buddhists and Muslims of Rakhine. "Each community claims (the land) for itself," he said.

What's in a name?

A senior Myanmar government official told The Straits Times on condition of anonymity: "We see the people not as Rakhines or Rohingya or Bengalis, but as human beings."

He added: "Ideally, in the future, we can even get rid of the ethnic identities. Why not be just Myanmar (people) instead of Kachin, Karen, Chin, Rakhine?"

But it is a rare and even idealistic notion for now, unlikely to find traction among the wider Myanmar public and minorities who have fought for their identities and their lands for decades.

And Myanmar is only in a calibrated experiment with democracy. In an election year, with general polls due this year, extreme politics can exacerbate underlying fault lines.

For many Rohingya Muslims in the IDP camps, the human smugglers that wait in boats on the bay are the only prospect for a better life.

Unwanted in Bangladesh and Rakhine State, migration is their only path to a future.


Driven to desperation

Issues in Rakhine State have international implications which are of concern to all (UN) member states. Human rights violations… are encouraging people smuggling and generating large numbers of asylum seekers, often leading to tragic suffering and loss of life.

- MS YANGHEE LEE, United Nations Special Rapporteur on Myanmar

A session of Union Parliament in Burma’s capital, Naypyidaw. (Photo: The Irrawaddy)


By Lawi Weng
February 10, 2015

RANGOON — Arakanese lawmakers and a group of opposition parties, including Aung San Suu Kyi’s National League for Democracy (NLD), are asking Burma’s Constitutional Tribunal to overturn a recent parliamentary decision to grant so-called white card holders the right to vote in a planned constitutional referendum.

Pe Than, an Upper House lawmaker with the Arakan National Party (ANP), said 27 lawmakers in the house signed a letter asking the Tribunal to review Parliament’s decision on Feb. 2 to grant white card holders, also known as temporary identity registration card holders, a vote in the referendum.

“This is our last effort; we want the Constitutional Tribunal to check [the law],” he said. “We are waiting to hear the decision by the Constitutional Tribunal at the moment. We hope the best result will come out. But our Rakhine party decided already to protest throughout Rakhine State on Feb. 15.”

The 2015 Referendum Law automatically enfranchises hundreds of thousands of white card holders, who live in Burma but do not enjoy full citizenship rights.

About 700,000 of them belong to the stateless Rohingya Muslim minority in northern Arakan State, an area that has been marred by conflict between Arakanese Buddhists and Muslims. Other white card holders include Chinese nationals living in Burma, families of Gurkha units that moved to Burma under British rule and members of the ethnic Kokang living on the Burma-China border.

Pe Than said ANP chairman and Upper House representative Aye Maung had led the initiative, while the NLD, Myanmar Democratic Force and several ethnic opposition parties joined in.

Under the Constitution’s Article 322 (b), he said, 10 percent of the lawmakers of any of two Houses of Parliament could sign a letter and request the Tribunal to review whether laws violate Burma’s charter.

A referendum is expected to be held in mid-2015, when the public will be asked to approve amendments to Burma’s military-drafted charter. A constitutional review committee has recommended a total of 95 revisions, though they have yet to be approved by Parliament or the president.

Arakanese politicians are fiercely opposed to any legal recognition of the Muslim minority in northern Arakan State, who they claim are illegal immigrants from neighboring Bangladesh.

Arakanese fear the Referendum Law will also allow the group the rights to vote in the general elections, scheduled for early November. Withholding Rohingya voting rights would boost the power of the Arakanese politicians, which otherwise dominate the state.

The Rohingya, who lack Burmese citizenship status, were first issued white cards about two decades ago by the then-military regime.

They were allowed to vote in the referendum on the 2008 military-drafted Constitution and the rigged 2010 general election. Muslim members of northern Arakan constituencies were also granted seats in Parliament to represent the ruling Union Solidarity and Development Party (USDP).

Parliament’s recent decision, which was proposed by President Thein Sein, reconfirms the USDP’s intention to again grant the group voting rights.

The Rohingya face severe persecution and say they have been living in the region for generations and should be granted citizenship rights and voting rights.

Mohamed Salim, a Rohingya spokesman for the unregistered National Development and Peace Party in Rangoon, welcomed Parliament’s decision to let white card holders vote, adding that he believed that the group should get citizenship rights.

He said the regime had taken away citizenship cards from some of the Rohingya in the early 1990s and replaced them with white cards. “We all are citizen of this country. Being a white card holder does not mean we are people from another country,” he said.

The international community had been deeply concerned about the plight of the Rohingya and has urged the government to grant the group citizenship.

Minister of Immigration and Population Khin Yi told The Irrawaddy during an interview in Chiang Mai, Thailand, last week that letting white card holders vote did not imply citizenship rights for card holders, although he sidestepped questions on whether granting white card holders voting rights would contravene Burmese laws.

“Our ministry is not involved in the issue of the right to vote or not. Parliament decided on this. We provide these cards to people undergoing the [citizenship] scrutinizing process,” he said.

Robert San Aung, a lawyer who has represented many rights activists, said Burmese law did not specify whether white card holders had voting rights, adding that the Election Law states that only those with citizenship have voting rights.

He said the white card holders’ vaguely-defined legal status was being abused by the USDP and government for political gains during voting. “This is just a plot by a powerful party in government. They created this policy since 2008 when the country had a referendum… They use it when they need it,” Robert San Aung said.

Additional reporting from Chiang Mai by Nyein Nyein.

Rohingya Muslims pass time near their shelter at a refugee camp outside Sittwe, Myanmar.

February 7, 2015

Myanmar, also known as Burma, has slammed a visiting U.N. official for using the term "Rohingya" to refer to a beleaguered ethnic minority group the government does not officially recognize.

During a visit last month in Myanmar, U.N. human rights investigator Yang Hee Lee said the mostly Muslim Rohingya suffer from discrimination. She also criticized proposed interfaith bills that critics say could escalate conflict between religious groups.

Presidential spokesman Ye Htut told VOA's Burmese service the government finds use of the term Rohingya "unacceptable." He added the remarks are counterproductive and incomplete. 

"With regard to the four bills proposed in the parliament, the decisions will be made after the MPs have discussed, and with addition of the people’s discussions. Thus, we say that such remarks given in advanced are unacceptable. I also point out that [she] was not able to highlight the work we have done to solve land problems," said Ye Htut.

The majority Buddhist country, also known as Burma, does not recognize the existence of the Rohingya ethnicity. Government officials, and many locals, instead view Rohingya as illegal migrants from Bangladesh and refer to them as "Bengalis."

The mostly Muslim Rohingya are denied citizenship and other basic rights in Myanmar and have been the victims of violence by Buddhist extremists in recent years.

Sectarian unrest killed up to 280 people and displaced 140,000 others in June, 2012. Since then, tens of thousands of Rohingya have been forced to stay in filthy, overcrowded, prison-like camps in western Rakhine state.

Lee last month visited Rakhine, where she was met by protesters who were angry over what they perceive as U.N. bias in favor of the Rohingya.

The U.N. General Assembly late last year passed a resolution urging the group to be granted full citizenship, equal rights, freedom of movement, and allowed to self-identify as Rohingya.

The Myanmar government has rejected the demands for citizenship, but has expressed a willingness to consider citizenship for those who will identify as Bengali.

Burma's 1982 citizenship law says members of any officially-recognized minority must be able to prove their ancestors lived in Burma before the British invaded Rakhine in 1823.

The British occupation of Rakhine prompted a large migration of Muslims into the area from neighboring Chittagong, then part of British-ruled India and now located in modern-day Bangladesh.

Many of Burma's hundreds of thousands of Rohingya Muslims say their ancestors have lived in Burma for generations. But the impoverished minority group lacks the documentation to prove it.

This report was produced in collaboration with the VOA Burmese service.

A Buddhist monk prays at the Sule Pagoda in Yangon. The pagoda was the gathering point for protesters during the 2007 monk-led saffron revolution against the former military dictatorship. Photograph: Jennifer Duggan

By Jennifer Duggan
February 7, 2015

Social media and free expression may be working against Muslim 4% of population

Burmese political blogger Nay Phone Latt was jailed for sharing news online about the monk-led saffron revolution in 2007 against the country’s brutal military dictatorship. Released under an amnesty for political prisoners three years ago, he is involved in another kind of revolution, one against hate speech targeting Muslims that is becoming more and more prevalent in Burmese society.

The internet in Burma was once among the most restricted in the world but, since the lifting of censorship, people can now access whatever they want. Internet availability is still scarce but, with telecommunications infrastructure developing at a fast pace, many use the internet via mobile phones. Social media, especially Facebook, has become a popular way to discuss politics and share views and opinions, something not possible before. However, not only has it led to greater political debate, it has also lead to an outpouring of hateful and racist sentiment towards Muslims who make up about 4 per cent of the population.

“Now everything is open, and most people are using Facebook and social media,” says Nay Phone Latt. “But not only is there free speech but there is also hate speech spreading through social media.”

From a modest building in a quiet leafy Rangoon neighbourhood, he and his civil society group Myanmar ICT Development Organisation, in collaboration with other activist groups, operates a campaign to counteract hate speech online. Called Panzagar (flower speech), their slogan is “not to spread hatred among our society; be careful of your speech”.

The campaign symbol is a flower in a mouth and they encourage supporters to take a selfie with a flower and post it to their Facebook page.The campaign also reaches out to people not online through posters and DVDs in remote areas.

Sectarian violence

Religious tensions have been rising in Burma in recent years, since the outbreak of sectarian violence against the Rohingya Muslim minority in Rakhine state in the west of the country. More than 240 people have been killed and 150,000 are displaced and living in camps as a result of the violence. The tensions have spread to other areas in Burma, with rioting and violence in Mandalay in July last year and in Meiktila in central Burma in March 2013.

Anti-Muslim sentiment has spread, spearheaded by an extremist Buddhist group known as 969 and led by controversial monk Ashin Wirathu. The group claims it is protecting the country from Islamisation and calls on Buddhists to boycott Muslim businesses. Social media has played a role in stoking violence. The riots in Mandalay broke out after unverified rumours circulated on Facebook that a Buddhist woman had been raped by a Muslim man.

Islamic extremism

Wai Wai Nu, a political activist and member of the Rohingya Muslim minority, said that despite claims by some monks, there is no history of Islamic extremism in Burma. “Muslim people in Burma, whether they are Rohingya or others, they are peaceful people. They have no history of violence or attack,” she said.

The government has been accused of not taking enough action to quell the tensions. Towards the end of last year, controversial legislation, known as the protection of race and religion laws, was submitted for parliamentary debate. The legislation was proposed by another extremist Buddhist group known as the Mabatha and, while it was tempered by a parliamentary committee, the current draft still includes some restrictions on interfaith marriage, religious conversion and population control.

Rangoon, a multicultural city where members of different religions have lived side by side for many years, has not seen any religious violence. However, anti-Muslim sentiment is apparent and tensions have increased.

“If you are Muslim, Buddhists won’t rent houses or apartments to you and don’t buy or sell from you. This is because of the Mabatha – their religious speech spreads around the whole country. Their campaign is widespread,” says Wai Wai Nu.

Buddhist neighbours

In the Tamwe township, a Buddhist and Muslim neighbourhood border each other. While there have been no incidents, there have been some tensions, particularly when violence has broken out in other areas.

In the Muslim Ma U Gone Lan Kyal neighbourhood, three men were drinking tea at an outdoor cafe; reluctant to give their names, they say while they do not have any issues with Buddhist neighbours, monks from the 969 group “come into the neighbourhood and shout” using racist swear words.

Than Than Nu owns a gold shop in the Buddhist Kyauk Myaung neighbourhood. She moved a year ago from a nearby predominantly Muslim neighbourhood because she was worried about growing tensions.

After the riots in Meiktila, she says, there were “some kind of tensions” and she saw men gathering with “weapons”. “In that area, there were only a few Buddhists and we have children so we were afraid that if something happened it is not good for us.”

Military provocation

Many observers suspect hardliners within the government and the former military regime to be playing a role in inflaming the religious and ethnic divisions.

“We don’t know exactly who is behind the violence and the anti-Muslim movement but some critics say some people from the USDP [Union Solidarity and Development Party] and the former military government are involved,” said Kyaw Zwa Moe, managing editor of the Irrawaddy magazine.

It is thought the tensions may be exploited in the run-up to an election expected this year, the first since Burma’s transition from a military dictatorship. “If some politicians want to play with it, to destabilise and to disrupt, it would be so easy to use the tensions to disrupt the political situation,” he said. This article was supported by a grant from the Simon Cumbers Media Fund.

Rohingya children play by a relief tent at Bawdupah's Internally Displaced People camp on the outskirts of Sittwe. Photo: Soe Than Win/AFP/Getty Images


By Oliver Griffin 
February 7, 2015

The status of Burma’s Rohingya people has devolved to the point where even naming them has become controversial. We need to do more.

Last month Yanghee Lee, the United Nations special rapporteur on human rights in Burma (also known as Myanmar), criticised the Burmese government’s attitude towards its own Rohingya people. In Burma’s Rakhine province, there are currently more than one million Rohingya – an Islamic ethnic group – living in apartheid-like conditions.

Don’t feel too guilty if you don’t know much about this humanitarian crisis; coverage in the mainstream western media has been gradually tailing off since 2012. What you should be made aware of, though, is the fact that the Rohingya were previously recognised as the most persecuted people in the world. Just let that sink in. It has actually been possible to identify one ethnic group as the world’s most persecuted people.

But on Wednesday, rather than address its deliberately poor handling of the crisis, Burma’s ministry of foreign affairs issued a statement saying it “unequivocally” rejected the term Rohingya and labelled it “terminology which has never been included among over 100 national races of Myanmar”. The ministry went on to accuse Lee of exceeding her jurisdiction, warning that insistence on using the term Rohingya would make the current crisis more difficult to address.

The Burmese government is complicit in the persecution of the Rohingya, a group it declared stateless through the passing of the country’s 1982 citizenship law. With that law, the Burmese government effectively declared the Rohingya to be illegal immigrants from neighbouring Bangladesh. Subsequently, Burmese officials have made it impossible for them to seek any help and now, following clashes with Burmese Buddhists in 2012, 140,000 Rohingya currently live in displacement camps.

“The displacement camp is no different to a concentration camp,” says Nurul Islam, chairman of the London based Arakan (Rakhine) Rohingya National Organisation (ARNO). Formed in 1998, ARNO campaigns for the self-determination of the Rohingya within the Burmese federation, as well as the repatriation of displaced peoples and “the establishment of a welfare society based on equality, liberty, democracy, human rights and freedom for all peoples”.

While the crisis has been on-going for the last five decades, Islam says that the Rohingya are now waiting for the rest of the world to increase pressure on the Burmese government. “[The Burmese government] are persecuting their own people,” he says. “It is now up to the international community to help us. People are dying; all the ingredients for genocide are in place – a slow genocide is taking place in Burma.”

David Mathieson, a senior research for the Human Rights Watch in Burma, explained that through rejection of the term Rohingya the Burmese government are perpetuating a culture of violence against its own people. “[This] is a betrayal of the principle of self identity, and has acted to justify decades of appalling violence and repression,” Mathieson says.

“This denial has been exacerbated by growing numbers of international donors, diplomats and dubious analysts and experts who kowtow to Rakhine extremists and government hardliners like callow collaborators.

So what needs to happen? Well, most importantly, western governments need to be more vocal in their condemnation of the crisis as it stands. Military aid, supplied by countries including the UK, should of course be halted. We need sanctions and, most importantly, our politicians must use the term Rohingya. Loudly.

Both Islam and Mathieson are vocal in their condemnation of nations that have not spoken out about the rejection of the term Rohingya, describing it as “tantamount to being a co-conspirator in ethnic cleansing”. As Mathieson says, the crisis has turned into “a protracted, squalid, stateless status-quo”; it is becoming increasingly clear that we need to do more to bring about a swift resolution.

Follow Oliver Griffin on Twitter @OliGGriffin

A Rohingya Muslim family poses in a village at Maungdaw June 6, 2014.
Photo: REUTERS/Soe Zeya Tun

By Jared Ferrie
Reuters
February 7, 2015

YANGON - Nationalist monks and some political leaders in Myanmar have threatened to hold mass rallies to protest a parliamentary decision giving the Rohingya ethnic minority voting rights in a referendum to amend the constitution.

Most of Myanmar's 1.1 million Rohingya Muslims live in apartheid-like conditions in Rakhine state in the west of the predominantly Buddhist country. Many in Myanmar consider them illegal immigrants even though they have lived in the area for generations.

Few Rohingya are full citizens, but most hold temporary national identification cards known as white cards. They were able to vote in a 2008 referendum to approve Myanmar’s military-drafted constitution, as well as in elections in 2010.

Parliament on Feb. 2 approved a referendum law that allows white card holders to take part in a future referendum on amendments to the constitution. Many say the constitution needs reform, because it reserves substantial power for the military and bars Nobel Laureate Aung San Suu Kyi from the presidency, among other contentious clauses.

While members of ethnic minorities including those of Indian and Chinese descent also hold white cards, about two thirds are Rohingya, according to the government.

The constitutional referendum has yet to be scheduled, but parliament's decision also strengthens the chances that white card holders will be able to cast ballots in general elections later this year.

The prospect of the Rohingya being allowed to vote has alarmed nationalist monks and politicians who have threatened to hold mass protests next week to pressure parliament to reverse its decision.

"No matter what the parliament has adopted concerning this issue, the ANP will continue fighting relentlessly until the white card holders are not allowed to vote," the Arakan National Party, an ethnic political party from Rakhine state, said in a statement.

Tha Aye, a Rohingya political leader, accused protest organizers of attempting to create instability and disrupt democratic reforms. "They are comprised of racist politicians and ultranationalists," he said.

Another group of parliamentarians is planning to file a complaint with Myanmar's constitutional tribunal, asking it to overturn the referendum law, said two MPs, who requested anonymity because of the sensitivity of the issue. 

By Aarabu Ahmad Sultan
February 7, 2015 

This winter, as a bitter cold wave swept across north India, the daily life of Rohingya refugees housed in different slums across Jammu was rough. 

After facing persecution in the Buddhist-majority state of Myanmar, around 6,000 refugees--often referred to as the "people of nowhere"--have settled here. Life for them is full of struggle and toil. When the weather allows, they work on construction sites, collect scrap, and sell vegetables and fruits to make ends meet for their families. In the winter, though, the refugees face severe unemployment, making life even harder.

Sitting beside her newly built hut, Muneera Begum, 39, is busy assembling clothes donated to her by a charitable trust. "We have no identity to associate ourselves with," she says. "In winter our life becomes more difficult. Almost all our sources of income close. We can't even afford to buy proper clothes to shield ourselves from this cold."

Another problem, claim the refugees, is that contractors finish their work and leave without paying them their dues. Illyas Ahmad, 29, who accompanies me to different camps, shows me the complaint application he has filed in a police station against a contractor who owes him wages for three months. "The police don't listen to us. They (contractors) are rich people and bribe them. Instead of taking action against them, the police threaten us," he alleges.

Mohammad Yunus, also a Rohingya refugee, has a similar tale to tell. A contractor owes him and other workers more than Rs 2 lakh rupees, he says. The UNHCR (the refugee agency of the United Nations), he adds, is not doing much to help. "They (UNHCR) have only provided us refugee cards, but these are not accepted as ID proof here. They never visit us here to assess the conditions in which we are living." 

With heaps of garbage scattered around and no proper drainage system, the refugee camps and their surrounds are breeding grounds for diseases. In addition to the unhygienic conditions, the refugees have to grapple with a lack of access to drinking water, electricity and basic medical facilities. Three-year-old Rashid was a victim of these circumstances, losing vision in his left eye due to an untreated infection. "We could not afford treatment," says his mother. Rashid is not the only child to suffer due to the lack of affordable medical care. In addition, children living in these camps rarely have the opportunity to go to school. They either "willingly" work as rag pickers to help their families or are forced by their parents to do so. There are no other options. 

With uncertainty and hardship as their constant companions, many Rohingyas dream of a better future in Myanmar, distant as the possibility may be. "If everything returns to normal over there we want to return our homeland," is their common refrain.

At least 1625 families of Rohingya refugees are stationed in camps in Jammu region.
Refugees living in these camps say they feel Jammu is more secure than Delhi.
Aisha, 5, a rag picker, says she earns Rs 20 to 40 a day to help her family, who can barely scrape together enough for two meals a day.
Lacking a proper drainage system and basic sanitation, people here are susceptible to various contagious diseases.
The United Nations has described Rohingya Muslims as one of the most persecuted minorities in the world.
The children living in these camps are mostly rag pickers and very few get a chance to go to school.
In Kiryana Talab, home to the biggest camp for refugees, two schools do consider Rohingya children for admission, but have a cap of 50 students.
Mohammad Yunus says after struggling hard to get the UNHCR refugee card it was a disappointment to find that is not recognised as ID proof in India. 
The year 2012 saw the worst riots between Rohingya Muslims and Rakhine Buddhists in Myanmar's Rakhine state. The conflict displaced thousands of Rohingya Muslims.
Three year-old Rashid lost vision in his left eye after suffering from mysterious infection. His family could not afford treatment.
Illyas Ahmad, 29, shows his labour card and a complaint application he filed against a contractor who owes him Rs 30000 - the wages for four months of work.
A young man builds new tent after being forced to move from Kiryana Talab due to his landlord's demands for a higher rent.
Refugees say they often become targets of political parties and have been asked at various times to shift from one locality to another.
Muneera Begum sews together a sheet from donated clothes to cover her newly built tent for some insulation from the cold
Winter is the worst time of year for the refugees as contractors stop work in winter here.
Follow Aarabu Ahmad Sultan on Twitter: www.twitter.com/AarabuAhmad

Rohingya Exodus