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Protesters march against the UN in Rakhine State in August 2012. (Staff/The Myanmar Times)

By Aung Kyaw Min 
August 26, 2015

After a sitting Muslim parliamentarian’s bid to contest the November polls was blocked based on the veracity of his citizenship, the leader of a Buddhist hyper-nationalist group slammed the ruling party for ever letting him into parliament.

U Wirathu also suggested further restricting seats to “national ethnic” candidates to prevent clever foreigners from tricking “dim-witted” voters and overrunning the government.

“In our country, non-national citizens who are descendents of foreigners are allowed to be elected whenever they become citizens of Myanmar. That fact is dangerous,” said U Wirathu, of the Committee for the Protection of Nationality and Religion, which is better known by its Myanmar-language acronym Ma Ba Tha.

“Our national people are dim-witted. When the descendants of foreigners who are sharp-witted enter the hluttaw they will push through laws that benefit the interests of their people. That’s why I want to urge voters to elect only national ethnic candidates,” he said, adding that the law should be amended to allow only “national ethnics” into public office.

Under the current Pyithu Hluttaw Election Law, candidates must be at least 25 years old, have lived in Myanmar continuously for 10 years, and be a citizen born to parents who are also both citizens.

At least three candidates registered for the November 8 election have so far been disqualified by the Union Election Commission on the grounds that their parents were not citizens at the time of their birth.

Sitting Pyithu Hluttaw MP U Shwe Maung, also known as Abdul Razek, was informed on August 22 that he was cut from the candidate list after state immigration police verified a citizenship complaint filed by his ethnic Rakhine political rival.

U Shwe Maung, who maintains that both his parents were full citizens at the time of his birth, was confirmed by the UEC and elected to represent Buthidaung in Rakhine State as a member of the Union Solidarity and Development Party in 2010.

In a bid to defeat its ethnic Rakhine opponents, the USDP adopted the controversial strategy of courting the Rohingya community in 2010.

U Wirathu said in its effort to win seats the USDP had “allowed everything outside law and were not in accordance with election rules”.

“At that time, Rakhine people objected and complained, but the party didn’t care,” he said.

The USDP’s overture to the Rohingya appeared to backfire, however, as the Rakhine Nationalities Development Party – which later became the Rakhine National Party – swept the state.

Sectarian tensions between the Rakhine and Rohingya communities came to a head during deadly riots in 2012. During a subsequent outbreak of violence, U Shwe Muang was accused of defamation for suggesting police were involved in arson.

As the USDP lined up its candidates for the November 8 vote, none of the party’s three Muslim Pyidaungsu Hluttaw MPs, who all represent voters in northern Rakhine State, were accepted to re-contest their seats. Only U Shwe Maung filed to run, as an independent. Both he and another independent Muslim candidate contesting Rakhine State have been disqualified by the commission.

“In the past, the government and political parties were weak on nationalism which allowed Bengalis to reach the hluttaw,” said U Wirathu, referring to the Rohingya by their state-appointed name. “Now, political parties do not allow the Bengali candidates to destroy their party, and also take action on them.”

In 2010, many Rohingya who voted held temporary ID documents known as white cards. This was deeply controversial, as white cards are issued to those whose citizenship status is unclear, while the constitution states that only citizens can vote.

In February of this year, parliament enacted a referendum law that would enable those holding white cards to vote, a decision that prompted public protests.


As a result, hundreds of thousands of those who voted in 2010 have now been stripped of the right to do so. The New York Times reported on August 23 that up to 500,000 had been taken off the rolls as of June.

Now their representatives have also been barred, prompting some rights groups to question how much of a democratic milestone the looming elections will be.

“It could mean that Rohingya-majority consituencies in northern Rakhine State are won by candidates who want to see them expelled from the country, permanently interred or worse,” said Hanna Hindstrom from the Minority Rights Group.

“It is a major indictment of Burma’s commitment to holding a free and fair election in November.”

The Carter Center, a US-based not-for-profit that has been invited to monitor the election, warned that the exclusion of Rohingya voters and the growing anti-Muslim rhetoric threatens the integrity of the coming poll.

But Rakhine State’s Muslim minority is not the only group targeted by the election commission for alleged foreign roots.

A physician and opposition National League for Democracy candidate in Mandalay’s Chan Aye Thar San township, Dr Win Myint, has also been told he is ineligible to run for election.

The sub-commission office refused the NLD candidate allegedly because his father is ethnically Chinese and not a full citizen, a claim he refutes.

Both U Shwe Maung and Dr Win Myint say they and their parents were citizens long before the electoral law was enacted, and before the 1982 Citizenship Law created categories of citizenship. Both plan to contest their disqualification.

As the election commission continues scrutinising the 6000 candidates through the end of this month, Ma Ba Tha has encouraged stringent checks and the disqualification of “non-nationals”.

“Ma Ba Tha welcomes the current activity of the election commission,” U Wirathu said. “We, Ma Ba Tha and some political parties, plan to help by amending the candidate selection requirements in the constitution. We will demand to substitute ‘national ethnics’ instead of ‘citizens’.”

(Photo: Reuters)

By Joshua Carroll
August 26, 2015

An influential Myanmar Buddhist monk famous for his firebrand anti-Muslim speeches has said he will push to get “descendants of foreigners” banned from standing in elections ahead of a Nov. 8 poll that has been billed as a key test of the country’s reforms.

Ashin Wirathu, who has been accused of stoking anti-Muslim tensions that have erupted into deadly riots in recent years, told the Myanmar Times Wednesday that allowing “non-national citizens who are descendants of foreigners” into parliament is “dangerous”.

His comments come after Muslim MPs were blocked from running in the upcoming poll on the grounds that their parents were not citizens, a claim they deny. Earlier this year hundreds of thousands of Rohingya Muslims were also barred from voting, sparking an outcry from rights groups.

Wirathu warned that the people of Myanmar were too “dim-witted” to prevent foreign interests from taking control of parliament, the report said.

November’s election is set to be the first to be contested by the pro-democracy opposition in the country for 25 years, but critics say it is unlikely to be fully free and fair.

Myanmar officially regards its roughly one million Rohingya Muslims as “Bengalis” -- interlopers from neighboring Bangladesh -- and the government has acquiesced to demands from hardliners to exclude them from a nationwide census and withdraw the documents that granted them voting rights.

In 2010, the ruling Union Solidarity and Development Party actively courted the Rohingya vote and allowed Rohingya candidates to run under its banner.

Since then hate speech against Muslims, including non-Rohingya with full citizenship, has escalated as restrictions on freedom of expression have eased.

Ashin Wirathu has spearheaded the anti-Muslim movement, preaching that Buddhism, the majority religion, is under threat from foreign Muslims.

He is a prominent leader in Ma Ba Tha, an ultra-nationalist group that recently succeeded in pushing a series of controversial laws through parliament aimed at “protecting” Buddhism.

“Our national people are dim-witted. When the descendants of foreigners who are sharp-witted enter parliament they will push through laws that benefit the interests of their people,” he told the Myanmar Times.

He added: “We, Ma Ba Tha and some political parties, plan to help by amending the candidate selection requirements in the constitution.”

He said he wanted to replace the word “citizen” in the charter with the phrase “national ethnics” -- Myanmar officially recognizes 135 ethnic groups, but the list does not include the Rohingya.

Tens of thousands from the group have fled persecution by boat since being targeted in mob violence in 2012.

The exodus recently erupted into a regional crisis when human traffickers abandoned thousands of people at sea following a crackdown by Thai authorities.

The Rohingya have faced violence and isolation - and now devastating floods [Mark Fenn/Al Jazeera]

By Mark Fenn
August 26, 2015

Monsoon storms have wreaked havoc on Myanmar's persecuted Rohingya Muslims.

Sittwe, Myanmar - Amid the mud and drizzle, Khin Maung Myint surveyed the scene from his single-room bamboo hut. With floodwaters reaching knee height in places, he worried about the damage inflicted on his ramshackle home by monsoonal storms. 

The father-of-six, who also goes by the religious name Elias, lives in the Dar Paing camp for internally displaced persons (IDP) in western Myanmar with his wife and children. He is 36, but his dire circumstances have aged him beyond his years. 

"With young children living in this one room, it's not a good situation," he said through an interpreter. "Sleeping is very difficult as there is not enough room for eight family members." 

Severe weather across Myanmar has affected more than 1.6 million people and killed at least 117 in the past two months, according to the United Nations. 

Storms, floods and landslides have displaced nearly 400,000 households in many parts of the country. 

Among those affected are members of the Rohingya minority in western Myanmar's Rakhine state, who were forced from their homes by anti-Muslim violence in 2012. 

About 140,000 Rohingya currently live in IDP camps around the state capital, Sittwe.

Many Rohingya have been left homeless by the heavy storms [Mark Fenn/Al Jazeera]

'Not safe for kids' 

Residents live in tents or, like Elias, in cramped bamboo huts with tin or tarpaulin roofs. In recent weeks, they have been battling torrential rainstorms that have left about 40 families homeless. 

Five large shelters were destroyed by the storms, residents said last week, forcing people to move to other camps or take shelter in temporary school buildings. 

The UN High Commissioner for Refugees has provided blankets, mats, tarpaulins and other items to affected camp residents, while the Myanmar government and the World Food Programme (WFP) have provided food aid to flood victims. 

Residents receive regular rations of rice, beans, salt and oil from the WFP, which are supplemented with fruit, vegetables and fish from the Bay of Bengal just a few kilometres away. 

"Water, sanitation and hygiene needs were provided, and mobile health clinics visited the camps distributing oral rehydration," Orla Fagan, spokeswoman for the United Nations Office for the Coordination of Humanitarian Affairs, said on Tuesday. 

"Shelters in camps for displaced people are deteriorating after three years and need to be repaired or reconstructed after the floods," said Fagan. 

No trained doctors work at the Dar Paing camp, which is home to some 7,000 people. Pharmacist Mohammed Tayub, 36, does his best to treat illnesses with his meagre supply of medicines. 

He usually sees about 50 patients a week, but he said this number has increased substantially in recent weeks. Most are children, many of whom suffer from diarrhoea, vomiting, coughs and fevers. 

"Living in this situation is not safe for the kids," he said. "There are too many people living together so diseases spread easily."

Aid organisations have provided assistance to the community, but more needs to be done, they say [Mark Fenn/Al Jazeera]

Stateless people 

The Rohingya, who practice a form of Sunni Islam, have been described by human rights groups as one of the world's most persecuted minorities. 

About one million Rohingya live in Myanmar, but the government refuses to recognise them as citizens, saying they are illegal migrants from neighbouring Bangladesh. 

Since 1982, they have been classified as non-nationals, effectively rendering them stateless, and are denied basic human rights. 

Simmering historical tensions with Rakhine's Buddhist majority boiled over in 2012, when Sittwe and other parts of the state saw deadly communal violence and rioting.

Homes and businesses were set alight and about 200 Rohingya were burned, shot, beaten, or hacked to death by rampaging Buddhist mobs. 

Most of Sittwe's Rohingya residents fled the city, although some 4,000 remain in the Aung Mingalar neighbourhood, which has become a sealed ghetto. 

The authorities say they are not allowed to leave for their own safety, but Rohingya activists allege the government is trying to force them out of the country. 

Many Rohingya have fled by sea, aiming to reach Thailand, Malaysia or Indonesia. The UNHCR said about 25,000 left in the first three months of this year alone, when the "boat people" humanitarian crisis made headlines around the world.

Hundreds died at sea, and others fell prey to human-trafficking gangs and were kept in camps along the Thai-Malaysia border, where mass graves were discovered earlier this year.

Other Rohingya live in villages in northern Arakan state, where they make a living as rice farmers, fishermen, or small tradesmen. 

Chris Lewa from The Arakan Project, an NGO that supports the Rohingya, said little or no assistance has been given to villagers from either the government or international agencies. 

"Relief assistance should urgently be provided to the most needy and affected in a non-discriminatory manner," said Lewa, who is based in Bangkok. 

"Longer term recovery assistance is also needed as paddy fields have been flooded and the harvest will be poor. With an already restricted access to means of livelihood, the recent floods will worsen the already dire humanitarian situation of the Rohingya."

Image Credit: European Commission DG Echo

By Senator Raynell Andreychuk
August 26, 2015

Responding to the plight of the Rohingya is an international human rights imperative.

Burma is at a very particular stage in its development. In recent years, it has shown a new willingness to engage with the international community. It has also begun to open new space for freedom of expression and civil liberties.

After many years of political isolation and sanctions on Burma, the international community has welcomed these developments. But there is also a recognition that the country still needs to overcome many obstacles.

A main concern is that the military still maintains a great deal of control in the country and in its parliament. Earlier this summer, Burma’s parliament voted to maintain the military’s veto over constitutional change. This is a setback for Burmese democracy, amid ongoing constitutional reform negotiations and with elections approaching on November 8, 2015.

Peace talks are also underway, though conflict continues between the central government and a number of armed ethnic groups. Ethnic minorities in Burma, of which there are nine main groups and a number of smaller ones, have many legitimate grievances. Sustainable, political and economic reconciliation relies heavily on leaders’ abilities to redress these grievances and to chart a more inclusive future for the Burmese society.

Among the most marginalized ethnic groups in Burma are the Rohingya Muslims.

According to the organization Refugees International, the Rohingya are also one of the largest stateless groups in the world. Persecuted since the 1940s, an estimated 1 million Rohingya today live in exile. Another 1.3 million Rohingya still live in Burma, all but 40,000 of them officially stateless.

Mostly, they live in Rakhine state, close to Burma’s border with Bangladesh, where they are perceived to be economic migrants. This, however, is a false perception. “For hundreds of years, they have been migrating from the Middle East as Arab traders, shall we say, a Muslim‑faith visible minority,” says Peter MacArthur, Director General of South and Southeast Asia and Oceania with Canada’s Department of Foreign Affairs, Trade and Development.

“Only since 1948, when independence occurred from the British, has there been this kind of tension. The current government in Burma is trying to discriminate between those who have been there since 1948 and those who were already there before 1948, when the country gained independence.”

Despite their long history in Burma, Rohingya statelessness is embedded in government policy.

The 1982 Burma citizenship law stripped the Rohingya of citizenship, making them resident foreigners instead. This caused the Rohingya ethnicity to be omitted from a recent national census. Moreover, Burmese law prevents non-citizens from obtaining citizenship. As such, Rohingya children born in Burma are prevented from obtaining citizenship even though their families may have been there for generations. This is despite Burma’s ratification of the United Nations Convention on the Rights of the Child, which guarantees every child’s right to have her birth registered, to have a nationality, and to have these rights protected under national law.

The Rohingyas’ lack of citizenship also means that they have been restricted from travelling within Burma and abroad – in direct violation of Article 13 of the Universal Declaration of Human Rights and Article 12 of the International Covenant on Civil and Political Rights. The United Nations Refugee Agency has urged Burma to review its citizenship law, offering financial, technical and legal support, but to no effect.

Other restrictions on the Rohingya have been less widely reported. In July 2012, Myanmar’s Minister of Home Affairs, Lieutenant-General Ko Ko, told parliament that the authorities were, “tightening the regulations [against Rohingya] in order to handle travelling, birth, death, immigration, migration, marriage, construction of new religious buildings, repairing and landownership and [the] right to construct building[s].” The Rohingya also face restrictions in accessing education and employment.

Adding to these problems, in recent years the Rohingya have been targeted by Buddhist ultra-nationalists. Violence against the Rohingya has been frequently fueled by extremist monks, many of whom are important community leaders. Authorities have all too often stood and watched as Rohingya homes and mosques have been burned, and shops looted.

Today there is unprecedented international awareness of the plight of the Rohingya.

Rohingya communities were amongst those hardest hit by deadly flooding in Early August. This was accompanied by reports that security forces violently turned Rohingya away from flood shelters, which, they allegedly said, had been set up for ‘those who belong to this country’.

In early May, media reported on the discovery of mass graves of migrants in southern Thailand. Shortly thereafter, the BBC broadcast shocking images of Rohingya boat people stranded and left adrift by their traffickers.

The same month, the former Special Rapporteur on the situation of human rights in Burma, Tomás Ojea Quintana, said: ‘‘The Rohingya are in a process of genocide.’’

Under international pressure, the foreign ministers of Thailand, Malaysia and Indonesia held a meeting on May 20. This resulted in Malaysia and Indonesia agreeing to host the migrants for a year, on the condition that the international community would provide support for their care and repatriation.

This is clearly only a temporary solution to help those who have risked their lives to escape persecution in Burma, though other initiatives are underway. The government of Bangladesh, for example, has put aside $59 million for its Coast Guard. There have also been a number of arrests of human traffickers.

For the Rohingya, however, the only sustainable solution to decades of persecution and neglect is for them to be fully recognized as a unique ethnic group, and citizens in Burma.

People, governments and NGOs around the world have long stood with the people of Burma, pushing for greater freedom, democracy and respect for human rights. Today, as we welcome and encourage Burma’s greater engagement with the international community, it is important that we continue to sustain pressure on Burma’s leaders to build a democracy that is open and free, inclusive of all ethnic groups in Burma, accepting of Buddhists, Muslims and Hindus alike, and home to the Rohingya.

The Honourable Raynell Andreychuk is a senator from Saskatchewan, Canada. A lawyer, former judge, chancellor of the University of Regina, Canadian ambassador and representative of Canada to the United Nations Human Rights Commission, Senator Andreychuk was instrumental in setting up the Standing Senate Committee on Human Rights, which she chaired from 2001 to 2009, undertaking major studies on International Human Rights machinery, laws and treaties, including the Convention on the Rights of the Child. Since 2009, Senator Andreychuk has also served as chair of the Standing Senate Committee on Foreign Affairs.



By TIMOTHY MCLAUGHLIN
August 24, 2015

A Rohingya member of Myanmar's parliament barred from contesting Nov. 8 elections on the basis that his parents were not Myanmar citizens at the time of his birth said on Monday he would appeal the decision and hoped to stand in the vote.

The move to deny Shwe Maung, an MP from the ruling Union Solidarity and Development Party (USDP), a chance to run despite being a serving member of government raises concerns about the disenfranchisement of the Rohingya Muslim minority.

Most of Myanmar's 1.1 million Rohingya, an ethnic minority living in the country's western Rakhine State, are stateless and live in apartheid-like conditions. Almost 140,000 were displaced in deadly clashes in Rakhine in 2012.

Shwe Maung, who planned to run as an independent after not being nominated by the USDP, said that he was informed by state officials on Saturday that his application had been turned down.

"It's ridiculous for me," Shwe Maung said. "I was elected in 2010. Now I'm working."

According to Shwe Maung, both of his parents were citizens prior to his birth in 1965 and his father served as a member of the Myanmar Police Force.

Rakhine State election officials could not be reached for comment on Monday.

Shwe Maung has represented the majority-Muslim Buthidaung constituency located in Northern Rakhine State near the country's border with Bangladesh since being elected as an MP in 2010.

Since 2012, when violence swept across Rakhine, he has been an outspoken advocate for the Rohingya and called for greater citizenship rights for the group.

Even if he is able to stand in November's election - seen as a test of the country's reforms process - he faces an uphill battle for re-election.

Many of the people who voted for Shwe Maung in 2010 held temporary citizenship documents, more commonly known as white cards. But the white cards were nullified by President Thein Sein under pressure from hardline Buddhists in February. The majority of white card holders were Rohingya. Some former white card holders have been offered new citizenship documents.

But earlier this month, Yanghee Lee, the United Nations special rapporteur on human rights in Myanmar, said that she was informed by the country's election commission chair that those who received these new documents would be banned from the vote.

Lee said that the decision was of "serious concern".



By Wa Lone and Laignee Barron
August 24, 2015

The Union Election Commission has blocked a serving MP – a self-described Rohingya from Rakhine State – from standing as a candidate in the November 8 election.

U Shwe Maung’s bid to re-contest his Pyithu Hluttaw seat with the Union Solidarity and Development Party was rejected, so he decided to register instead as an independent candidate.

“I am running to continue my politics. I have been working for people who are badly in need of citizenship rights,” he said.

But like the largely stateless Muslim minority group he represents, U Shwe Maung is up against junta-era citizenship laws slammed by the UN for being despotic and discriminatory. The election commission office in Maungdaw sent a letter to the MP on August 22 notifying him that he is ineligible to run as his parents were not citizens when he was born, a claim he denies. A political rival from the Rakhine National Party, U Aung Thaung Shwe, filed the complaint that precipitated the commission’s decision.

The Maungdaw commission office yesterday confirmed the sitting MP had been disqualified based on his parents’ lack of citizenship. The decision raises questions about the vetting process in 2010, when U Shwe Maung was cleared to run under the same law.

U Khin Soe, director of the Rakhine State immigration office, said the election commission and the district immigration officials were cooperating to decide who should be eligible to contest the elections.

“How he became an MP [in 2010] depends on the scrutiny by the previous election commission – but it is not good to talk about it,” he said.

Maungdaw district immigration officer U Saw Naing said he was involved in investigating U Shwe Maung’s citizenship. He refused however to go into the details yesterday.

U Shwe Maung said the decision is incorrect as he, his parents and his grandparents are all Myanmar citizens. He plans to appeal the decision with the Rakhine State election commission in Sittwe.

“The accusation is not true. Both my parents received National Registration Cards in 1957 when that was the only ID that existed,” he said. “It is very clear we’re citizens.”

U Shwe Maung, who was born in 1965, said his father, Abdul Hadi, was born in 1918 and served as a police officer in Rakhine State until retiring in 1978.

“Most current MPs were born before 1982 [when the citizenship law came into force] so they would likely also hold the same National Registration Cards,” he said.

He suspects deadly sectarian clashes between Rakhine and Rohingya that erupted across the state in 2012 spurred the ruling party and commission to undermine his candidacy.

According to U Shwe Maung one other Rakhine State candidate has been facing the same problem: Daw Khin Khin Lwin, an independent running for an Amyotha Hluttaw seat in Buthidaung. “The one distinct thing about us is that we are Muslims,” he said.

Even if U Shwe Maung successfully appeals his disqualification, his Rohingya electoral base has been stripped of their identity cards and most have been left off updated voter lists.

“It is all very concerning,” he said. “I will have to take one issue at a time.”

Monks shout during a march to denounce foreign criticism of the country's treatment of stateless Rohingya Muslims, in Burma on May 27, 2015. © 2015 Reuters

August 24, 2015

New Laws Target Muslims, Other Religious Minorities

(Bangkok) – President Thein Sein of Burma should refuse to sign into law two pieces of legislation that violate fundamental rights, Human Rights Watch said today. On August 21, 2015, the joint parliament approved the Religious Conversion Bill and the Monogamy Bill, two of four contentious so-called “race and religion” laws that will entrench discrimination based on religion, and also violate internationally protected rights to privacy and religious belief.

“By passing these two draft laws, Parliament has ignored basic human rights and risks inflaming Burma’s tense intercommunal relations, threatening an already fragile transition ahead of landmark elections,” said Phil Robertson, deputy Asia director. “These discriminatory laws could fuel anti-Muslim sentiment, so Thein Sein should demonstrate solid leadership, stand up for rights, and refuse to sign them."

The four laws – including the Population Control Law, which became law in May, and the Interfaith Marriage Law, passed by parliament in July but as far as the government has revealed, not yet signed into law – have all been heavily promoted by the Association for Protection of Race and Religion (known by its Burmese acronym Ma Ba Tha). This nationwide organization of Buddhist monks promotes an often anti-Muslim and ultra-nationalist agenda. It was the Ma Ba Tha that first urged the government of Thein Sein to adopt the laws in late 2013.

The religious conversion bill will enable the state to regulate religious profession and conversion, a wholly unjustified state interference in the right to freedom of conscience and religion. The law will create Religious Conversion Scrutinization and Registration Boards at the township (district) level consisting of five local officials and two local elders chosen by the township administrator.

Anyone wishing to change their religion will have to be over 18 and will be required to file an application with a local board, including the reasons for the conversion. The applicant would be interviewed by at least five board members, followed by a 90-day study period for the applicant to examine the “essence of the religion, marriage, divorce, and division of property practices in that religion, and inheritance and parenting practices in that religion.” If the board approves the conversion, the applicant would then get a certificate of conversion.

There are concerns that the make-up of many local boards will be predominantly ethnic Burman Buddhist officials, who may be biased against conversions from Buddhism to other religions. The conversion would only be valid when the certificate is issued – allowing the rights to marry, inheritance, and division of property to be regulated according to the rules and practices of the new religion. The local board would forward all information it collects about the person to national religion, immigration, and identification agencies, interfering with their right to privacy.

The law also prohibits converting with the intent to “insult, disrespect, destroy, or abuse a religion” and bars anyone from bullying or enticing another person to convert or deterring them from doing so. Punishments for breaching the law would range from six months to two years in prison, depending on the violation.

The law is directly incompatible with the Universal Declaration of Human Rights’ article 18, which states, “Everyone has the right to freedom of thought, conscience, and religion” and goes against Burma’s own 2008 Constitution, which also guarantees freedom of religion.

“Allowing local officials to regulate private faith so closely is a pathway to repression of religious freedom,” Robertson said. “In their zeal to protect Buddhism, the authors of these laws are imperiling other religious minorities, including Christians, Hindus, and especially Burma’s persecuted Muslim minority.”

The Monogamy Bill, taken together with the other three ‘race and religion’ laws, is also problematic. The law states that it applies to everyone living in Burma and Burmese citizens living abroad, but also foreign nationals married to Burmese citizens while living in Burma. The law prohibits a married person from entering a second marriage or “unofficially” living with another person while still married. It sets out punishments for violations, including loss of property rights upon divorce for the spouse who is guilty of breaking the monogamy law. The law also includes criminal penalties of up to seven years in prison and a fine under Section 494 of Burma’s Penal Code.

The Monogamy Bill is intended to target religious minorities where polygamy and extra-marital affairs are perceived to occur more frequently. While outlawing polygamy is compatible with the right to marry protected under international law, legal sanctions against polygamy already exist in the Penal Code, making those sections of the Monogamy Bill redundant. On the other hand, legal provisions that criminalize consensual sexual relations between adults, regardless of marital status, violate the right to privacy as outlined in article 12 of the Universal Declaration of Human Rights. Furthermore, laws criminalizing consensual sex disproportionately impact women. For example, a rape victim may be deterred from filing a criminal complaint if the failure to win a conviction puts her at risk of prosecution for adultery.

The United Nations Working Group on Discrimination against Women in Law and in Practice, which is tasked with identifying good practice on the elimination of laws that discriminate against women, stated in 2012 that adultery should not be a criminal offence and noted its often disproportionate impact on women.

Many of Burma’s independent organizations have roundly condemned the four bills. Groups have issued public statements warning that enforcing the laws could exacerbate religious tensions and threaten the rights of women and religious minorities.

The international community, including the European Union in a statement in January and another in July criticizing the marriage law, and United Nations Special Rapporteurs, including the present rapporteur on situation of human rights in Myanmar, Yanghee Lee, have warned that the bills breach Burma’s commitments to international human rights treaties, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRD). Critics of the bills have been attacked by senior members of the Ma Ba Tha, with some Burmese civil society leaders subject to violent threats and being branded “traitors.”

“Heading into the November elections, Burma’s parliament is passing laws that fail human rights tests, in an opaque fashion, bringing into question lawmakers’ commitment to democracy and respect for rights,” Robertson said. “Burma’s main donors – Japan, the European Union, the UK, and the US – should publically condemn these laws and call for their immediate repeal.”

At class at the Rohingya Community School in Kuala Lumpur (Photo: Simon Roughneen)

By Simon Roughneen
August 24, 2015

KUALA LUMPUR — Gulajan Binti Nur Hamad was only 9 years old when she saw her house set ablaze by rampaging Buddhist mobs. “There was fire and fighting,” she said, running her right hand across her throat in a hint that she had seen worse than the flames that left her family’s home in ashes.

Gulajan was one of more than 140,000 Muslim Rohingya driven from their homes in 2012 during violence between Buddhists and Muslims in Myanmar’s western state of Rakhine. Gulajan was left homeless when ethnic Rakhine mobs in October that year attacked the Rohingya Muslims living in the area of Kyaukphyu, an oil and gas port where a major pipeline comes ashore before traversing Myanmar to China’s Yunnan Province.

Weeks after the bloodshed — Gulajan said she does not remember when exactly — she and her family boarded a boat on the Rakhine coast. Nine days later, after being cramped shoulder-to-shoulder with the 400 or so people on board, with food provided only every second day, the boat landed at the Malaysian island of Langkawi, off the coast of Penang state.

The Rohingya are a stateless minority numbering over 1 million and living mostly in western Myanmar. Gulajan, now 12, is among the tens of thousands of Rohingya who have made the journey to Malaysia, a Muslim majority country, in recent decades.

A people adrift

That steady exodus long predates the “boat people” crisis that made world headlines in May after Thai and Malaysian investigators unveiled mass graves of suspected smuggled migrants and trafficker death camps on either side of their mutual frontier. Over the following weeks, several thousand Rohingya refugees and Bangladeshi migrants sought to land on the coasts of Indonesia and Malaysia, with an estimated 6,000 to 8,000 people adrift at sea at the time.

Gulajan, now a student at the Rohingya Community School run by a nongovernmental organization called the Malaysian Relief Agency in Kuala Lumpur, is picking up the basics of English to go with her almost fluent Bahasa Malaysia. “Twelve. Twelve years old!” she exclaimed, as if exasperated with fellow student Ramzan Ali, who had asked her — in Malaysian — to give her age.

Ramzan, 16, is a Rohingya who calls Malaysia home. His family left Myanmar long before he was born — he does not know when, exactly — but his grandmother told him that she left Myanmar three decades ago, one of around 200,000 Rohingya who fled, mostly to Bangladesh, during Myanmar military operations in Arakan state, an alternative traditional name for Rakhine.

“I want to stay in Malaysia. I like Malaysia,” Ramzan said, hinting at tensions with his family, all of whom want to emigrate to a Western country.

More of the same

But for many Rohingya in Malaysia, life in their country of refuge marks no more than a slight improvement on the discrimination and legal limbo that characterized their existence in Myanmar — conditions that “forced Rohingya to leave for a new life in the promised land that is Malaysia,” according to Norian Mai, chairman of Perdana Global Peace Foundation, a philanthropic organization. Norian was speaking in Kuala Lumpur at a June 12 conference on the Rohingya.

“We are thankful to Malaysia for letting us stay in their country,” said M.S. Anwar, a news editor with Rohingya Vision TV, a media outlet founded in 2012 in Saudi Arabia but now operating in Kuala Lumpur, Malaysia’s biggest city.

Anwar, 26, left Myanmar in 2007. He said he was chased out of the Rohingya stronghold of Maungdaw, on the Myanmar-Bangladesh border, by Myanmar’s feared military intelligence.

Anwar is one of the 45,000 Rohingya who have acquired United Nations refugee status in Malaysia — a sometimes elusive and usually long-awaited prize for those who make it across the sea from Myanmar. He has a job, too, unlike many Rohingya, who either cannot find work or are confined to positions such as security guard — which Gulajan’s father has recently become.

Despite all this, Anwar said, in Malaysia, rather than being a promised land, “there is no prospect for the future.”

“I’m strongly wishing to be resettled,” he added, referring to an international process by which refugees are allowed to move on to third countries, usually in the West, after arriving in a transit country such as Malaysia.

However, the Rohingya Community School runs classes not only in English and Malaysian but also in Burmese — the latter to remind the Rohingya that one day, they may have to return to Myanmar. That day can only come, however, “once the politicians settle everything and the Rohingya get recognition,” noted Mohd Shahrulazilan Said of the Malaysian Relief Agency.

Shahrulazilan added that Rohingya parents are not all keen on the idea of their children learning Burmese, suggesting that for many, there will be no return to Myanmar regardless of whether the government changes tack and accepts the Rohingya as citizens and as a recognized ethnic group.

“Some of the families, they say, ‘this [Burmese] is the infidel language,'” said Shahrulazilan. “But we are training them so they can go back and rebuild if the time is right.”

It is more likely, however, that more Rohingya will come to Malaysia than will ever return to Myanmar. Though with the coming of the monsoon rains to Rakhine and Bangladesh, the maritime crossings are on hold for now.

Little incentive to stay

Myanmar has rejected accusations — including those from the Malaysian government — that its harsh treatment of the Rohingya is the cause of the exodus and maintains that the Rohingya are “Bengali” immigrants who came to Myanmar illegally from Bangladesh.

But that is not how Myanmar’s Rohingya see themselves. “We are Islam[ic], so [the] government doesn’t give us jobs. We don’t have citizen[ship],” said Ferozah Binti Abdul Rashid, a 25-year-old teacher at the Rohingya Community School. She left Myanmar three years ago after being unable to find work despite graduating from the University of East Yangon with a bachelor’s degree in botany.

By the time she left Yangon, Ferozah was the sole member of her family left in Myanmar. Everyone else, starting a decade ago with her father, had already left for Malaysia. She did not experience the same raw, life-threatening violence as the Rohingya in Rakhine state, but she recalls the little digs in class and in the school grounds from other students, reminding her that Muslims are not widely liked in Myanmar. “The teachers said nothing even if the Buddhist students mocked me,” Ferozah said.

Anti-Muslim and anti-Rohingya sentiment has ramped up in the years since Ferozah left, and with elections due to take place in Myanmar in November, it is unlikely that the country will adopt any major policy change that might persuade those Rohingya contemplating leaving for Malaysia to stay.

The arrival of the boat people has prompted harsh words not only in Putrajaya, Malaysia’s federal administrative capital, but also from former Malaysian leader Mahathir Mohamed, the country’s longest-ruling prime minister. Addressing the June 12 conference, he said that unless Myanmar softens its stance on the Rohingya, it should be expelled from the Association of Southeast Asian Nations, the 10-country regional bloc that Myanmar joined in 1997, partly at Mahathir’s suggestion.

“There is a process of genocide [against the Rohingya] going on in Myanmar,” the nearly 90-year-old Mahathir thundered, to enthusiastic applause from the 200 or so delegates at the conference.

Mahathir previously sought Myanmar’s expulsion from the bloc in 2003 after an army-backed mob tried to assassinate opposition leader Aung San Suu Kyi, who was kept under house arrest for 15 years by the junta that controlled the country up to 2011.

Playing politics

Now Suu Kyi is a member of parliament, and her National League for Democracy is expected to win the most votes in the November election. Constitutional barriers render her ineligible for the presidency, but mindful of her position as a likely kingmaker, she has kept silent on the plight of the Rohingya. Joining a chorus of widespread international criticism, Mahathir himself revealed he had sent her a letter, asking her “to stop this thing.”

According to Mahathir, Suu Kyi, a Nobel Peace Prize recipient, did not reply. “We sympathized with her when she was detained, and we thought she was very concerned about freedom and her people not being oppressed,” Mahathir said, when asked by the Nikkei Asian Review about the apparent snub.

M.S. Anwar said he was neither surprised nor disappointed at Suu Kyi’s apparent reluctance to speak up for the Rohingya, given that many in Buddhist-majority Myanmar do not seem to accept the Rohingya as anything other than immigrants believing in a foreign religion. “She is no longer a human-rights defender; she is a politician,” he said. “For her to defend the Rohingya is a suicide mission for her in the upcoming election.”

Anwar laughed dismissively when asked about Mahathir’s recent denunciation of Myanmar, noting his previous silence on the issue and recalling that, “Tun (a Malaysian honorific) was prime minister for many years when many Rohingya [were forced to leave] for Malaysia.

U Shwe Maung

By Thomas Fuller
August 23, 2015

YANGON, Myanmar — As an elected lawmaker and member of Myanmar’s governing party, U Shwe Maung attended dinners with the president and made speeches from the floor of Parliament. But this weekend, the country’s election commission ruled that despite more than four years in office, he was not a citizen and thus was ineligible to run for re-election in landmark voting in November.

“I was approved and considered a full citizen in 2010,” he said in an interview on Saturday. “Now, after five years, how could I not be eligible?”

Mr. Shwe Maung’s plight is but one example of what appears to be the mass disenfranchisement of the Rohingya, a persecuted Muslim minority who number around one million in Myanmar.

Hundreds of thousands of Rohingya who cast votes in elections five years ago have been struck from the electoral rolls, election commission officials have confirmed, although without providing a precise number.

The final list of eligible voters is due by the end of August, but it is unlikely that any Rohingya will be added given anti-Muslim feelings in the country, Rohingya leaders say.

Persecution of the Rohingya has escalated in recent years with the rise of a shadowy Buddhist nationalist movement that has demonized Muslims and encouraged the eviction of Rohingya from the country. Although many Rohingya have lived in Myanmar for generations, hatred has built up against them and they are referred to as Bengalis by the government, a name that implies they belong in neighboring Bangladesh.

Yet until now, they have never lost the right to vote.

The Rohingya have taken part in every election since Myanmar became independent from Britain in 1948, including one-candidate elections during the rule of the military dictator Ne Win.

“All other fundamental rights have been taken away by the authorities,” said Wai Wai Nu, a Rohingya activist who met with President Obama at the White House in June and warned of mass disenfranchisement. “If we lose the right to vote, we will be zero.”

Mr. Shwe Maung, who left the governing party earlier this month to run as an independent, was informed by fax on Saturday that he had been disqualified for re-election. The election commission said his parents were not citizens at the time of his birth, an assertion that he calls absurd: His father was a career-long officer in the national police force. Mr. Shwe Maung is appealing the disqualification.

The election on Nov. 8 has been described by Western governments and human rights organizations as a major test of Myanmar’s nascent democracy because it is the first time since military rule that democratic forces, led by the Nobel Peace laureate Daw Aung San Suu Kyi, will be vying in a general election against the military-backed governing party, the Union Solidarity and Development Party.

David Scott Mathieson, a Myanmar expert with Human Rights Watch, called the exclusion of the Rohingya “a dark cloud over the democratic integrity of the elections over all.”

“This is the government really stripping them of their last right,” Mr. Mathieson said. “It suits the government’s long-term plan of compelling them to leave.”

Voter registration lists released by the election commission in June showed that more than 500,000 Rohingya had vanished from the rolls, Rohingya activists say.

U Kyaw Min, a former schoolteacher who is president of the Democracy and Human Rights Party, a Rohingya party, says the number of eligible voters in a single district, Buthidaung, fell to 27,000 from more than 150,000 in 2010.

Mr. Kyaw Min, who is Ms. Wai Wai Nu’s father, says one of his earliest memories is of accompanying his mother to vote in Buthidaung in the 1956 election.

“This is a grand discrimination against a minority,” Mr. Kyaw Min said of the removal of Rohingya voters from the rolls. “There were only two other places where this happened — in South Africa and Hitler’s Germany.”

The election commission says it cannot allow Rohingya to register to vote because they do not have proof of citizenship. Earlier this year, President Thein Sein, acting under pressure from Buddhist nationalists, decreed that the special identity cards held by the Rohingya, known as white cards, would no longer be valid and that Rohingya would have to undergo a citizenship test in order to obtain new cards.

Tens of thousands of white cards were surrendered to the government. Other Rohingya lost all their possessions when they were chased from their homes by Buddhist mobs in a series of deadly pogroms that began in 2012.

More than 140,000 Rohingya remain in government camps in Rakhine State on Myanmar’s western coast. Thousands more have fled the country by sea this year, leading to a regionwide migrant crisis.

The election commission says it cannot bend from its position: People must prove their citizenship before being able to vote.

“If the immigration officers cannot issue the cards in time, they cannot vote,” said Thant Zin Aung, assistant director of the election commission.

The widespread hatred toward Rohingya in Myanmar stems partly from resentment held over from colonial times, when the British brought Indians into the country, then known as Burma, as laborers and civil servants. Today, Buddhist nationalists warn of a threat of the Islamization of Burmese society and point to the swollen population of Bangladesh next door.

U Thar Pwint, a lawyer in Rakhine State who describes himself as moderate, says Muslim culture is not compatible with Buddhist society.

“Their culture does not allow living together with other cultures,” he said.

He proposes a radical solution for the Rohingya that is heard often among Buddhists in Myanmar.

“Even though they are noncitizens, we cannot kill them,” he said. “Our wish is that they be put in another country.”



By THE CITIZEN BUREAU
August 23, 2015

NEW DELHI: This week, Myanmar’s Union Parliament approved two bills that placed restrictions on religious conversion and polygamy. They were the last of four controversial bills concerning race and religion to have sped through the legislature since late last year. 

The bills, concerning religious conversion and monogamy, were the last of four bills that made up a legislative package known as the “Race and Religion Protection bills,” which were first put forth by the powerful Buddhist nationalist group Ma Ba Tha in mid-2013 and reached Parliament late last year. The two pieces of legislation restricting interfaith marriage and allowing local government to impose birth-rate limits had already been signed into law, drawing harsh criticism from the international community. Critics claimed the laws could violate women’s rights and risk being used to target minorities. 

Now, with parliament approving the final two bills, without amendments as reported by Burmese-language paper “The Mirror”, the process is close to completion, needing only President Thein Sein’s final approval. 

The bills were not passed without opposition, with Aung San Suu Kyi’s National League for Democracy voting against it. "The bills were approved by parliament. We are just minority party, so things do not always happen like we suggest," National League for Democracy MP Win Myint told AFP. 

Details are still sketchy but the passing of the bills has drawn sharp criticism, especially as the legislation has been driven through by radical monks who claim that their religion is under threat, with violence against minority communities in the country increasing. 

The bill also comes as Myanmar prepares for crucial elections in November this year, that are being seen as a key test of its democratic transition after decades of military rule. 

David Mathieson of watchdog Human Rights Watch said the legislation "champions an ultra-nationalist agenda" and could fuel religious instability. "This could be used in the lead up and after the election to crack down on religious minorities," he said as quoted by AFP. 

AFP also quoted monk Wirathu who welcomed the decision, saying, All citizens are safe if we have these laws. They are very important for peace and national security.” 

Wirathu has gained notoriety over the last few years for his firebranch speeches, including one in which he called UN rights envoy Yanghee Lee a "whore" because of her position on Rohingya muslims -- one of the most persecuted groups in Myanmar who have borne the brunt of the country’s rising anti-Muslim sentiment. 

Rohingyas have been termed one of the most persecuted minorities in the world by the UN, and their position is in part linked to the denial of rights entrenched in Myanmar’s legal system, which these new laws will only exacerbate. The system’s context lies in the 1982 Citizenship Act, which supersedes all citizenship regimes in Myanmar. The Act created three classes of citizens - full, associate, and naturalised. Full citizenship is reserved for those whose ancestors settled in Myanmar before the year 1823 or who are members of one of Myanmar’s 135 recognized national ethnic groups - which, according to the recent census, continues to exclude the Rohingya. Associate citizenship applies to those who have been conferred citizenship under a previous 1948 law, which requires an awareness of the law and a level of proof that few Rohingyas possess. Naturalised citizenship is applicable to those who have resided in Myanmar on or before 1948, and here too, the Rohingya are denied citizenship as the government of Myanmar retains the discretion to deny citizenship even when criteria are adequately met. 

It is under the legal system and the denial of recognition that the Rohingya continue to remain a stateless people. Myanmar, which as a member nation of the UN is obligated to promote “universal respect for, and observance of, human rights and fundamental freedoms for all without distinction,” fails to do so for the Rohingyas who are subjected to policies and practises that constitute violations of their fundamental rights and freedoms. They face restrictions on movement, forced labour, land confiscation, forced evictions, extortions and arbitrary taxations, restrictions on marriage, employment, healthcare and education. 

There is an element of political opportunism in reference to the Rohingya in Myanmar. In 1990, Rohingya were permitted to form political parties and vote in multiparty elections. Myanmar even accepted about 250,000 repatriated Rohingya refugees from Bangladesh in 1992 and 1994 issuing Temporary Resident Cards to some. Rohingyas were permitted to vote in the 2008 constitutional referendum and 2010 elections. In fact, in the 2010 elections the voting rights were tied to the promise of citizenship if the Rohingya voted for the military regime’s representatives. However, Rohingyas are yet to be included as a part of any reconciliation programme involving ethnic groups, with Myanmar’s President Thein Sein, in the wake of the 2012 violence, stating that the Rohingya could not and would not be accepted as citizens or residents of Myanmar, going as far as to asking the UN High Commissioner for Refugees (UNHCR) to consider placing the Rohingya in camps outside of the country and resettling them to others. While it is true that Thein Sein and other Myanmar officials have had to moderate their position since due to external international pressure, Myanmar continues to violate UN convention by rendering the Rohingya stateless. A relevant convention is the Convention of the Reduction of Statelessness which obligates states to prevent, reduce, and avoid statelessness by granting “its nationality to a person born in its territory who would otherwise be stateless.” The Myanmar government is in clear violation of this convention, with hundreds of thousands of Rohingya having been displaced in the last 25 years. 

It is this system that has perpetuated violence against the Rohingyas in Myanmar, with violent clashes between the country’s majority Buddhist population and the Rohingyas leading to deaths and displacement of the minority muslim community in 2012, 2009, 2001, 1978 and 1992, amongst other instances. In the most recent case of widespread violence in 2012, hundred of Rohingya villages and settlements were destroyed, tens of thousands of homes razed, and at least 115,000 Rohingyas displaced in camps in Myanmar, across the Bangladesh border, or further afield on boats. 

The UN has termed the Rohingyas one of the most persecuted minorities in the world, a condition aggravated by the role of countries such as Bangladesh and Thailand that have turned back genuine refugees, with Thailand’s military being accused in 2009-10 of towing hundreds of Rohingya out to sea in poorly equipped boats and scant food and water after they tried to flee Myanmar. Although Thailand “categorically denies” the charge, the accusations have some merit as about 650 Rohingya were rescued off India and Indonesia, some saying that they had been beaten by Thai soldiers. 

It is under these circumstance that rights groups have alleged that the Myanmar government is supporting a policy of “ethnic cleansing” of the Rohingya, with William Schabas, a member of the International Association of Genocide Scholars saying that “the Rohingya are the prima facie victims of the crime against humanity of persecution,” consisting of “the severe deprivation of fundamental rights on discriminatory grounds.” 

The Rohingyas miserable plight is attributable to a combination of the actions of the Rakhine Buddhist majority and the inaction of the Myanmar government, within the context of a legal system that ratifies, condones, and perpetuates the systematic discrimination of the Rohingya in Myanmar.



By PTI
August 23, 2015

Kolkata: Over 80 Rohingya Muslims lodged in various prisons across Bengal are staring at an uncertain future as their plea to get refugee status is yet to be heard by Indian authorities.

The 83 Rohingyas, including several women, were arrested in the past five-six years when they were trying to cross over to India through Bangladesh. Of these 83, 27 have already completed their sentences but are still in jails.

"We have written to state home department and also to the MHA regarding the issue of Rohingyas lodged in Bengal prisons and also about those 27 prisoners who have already completed their sentence. But we are yet to receive any communication from them. So they are still in prison as we can't just let them go," ADG (prisons) Adhir Sharma told PTI.

He said that the matter has been informed to the state Home department and the state home department has taken up the issue with MHA.

"After we were informed by the jail authorities, we have given several reminders and letters to MHA. But there has been no concrete response," said a senior official of the state home department on condition of anonymity.

The official added that the issue of Rohingyas has been a sensitive one as there are reports that terrorist organisations have being trying to exploit the condition of Rohingyas worldwide.

"It is not just a case of a foreigner asking for refugee status. The case of Rohingyas is different from others seeking refugee status," said the official.

Just a few months ago, NGO Commonwealth Human Rights Initiative (CHRI), which works in coordination with United Nations High Commissioner for Refugees (UNHCR), had approached the state home department and the jail authorities so that the Rohingyas can be granted refugee status.

"Few months ago we were able to talk to the Rohingyas lodged in various prisons, and we made preparations so that their plea seeking refugee status can be forwarded to UNHRC, who had forwarded it to Ministry of Home Affairs. But as of now nothing has moved forward," said Madhurima Dhanuka, consultant with Commonwealth Human Rights Initiative (CHRI), told PTI.

The Rohingyas are among millions of stateless people worldwide due to the fallout of clashes with Buddhists in Myanmar. Thousands more, unregistered, are living in other parts of the country such as Jammu and Hyderabad.

According to UNHCR, there are five important pointers that cumulatively form the criteria for being termed as a 'refugee'.

"Owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership to a particular social group or political opinion, is outside the country of origin of his nationality and is unable or owing to such fear, is unwilling to avail himself of protection of that country," UNHCR states.

In the case of Rohingyas, there are certain laid down identification tests to differentiate between a Rohingya lodged in prison and other inmates.

"We identify a Rohingya from other inmates on the basis of geographical description, religion, language, physical features, education, occupation, and the kind of house they had in Myanmar," said Dhanuka.

According to her, an asylum seeker approaches UNHCR in New Delhi following which the UN body gives a registration form to fill asking broad details like name, country of origin and why he or she fled the country.

"Once the person fills up the form and submits it to UNHCR, the person is given status of person of concern to UNHCR. UNHCR then gives document to that effect. Following various interviews and examinations if the case is found positive she is granted refugee status and settled within his or her community," she says.

"We had managed to interview few adults and few children in Balurghat jail and Berhampur jail. Their case studies were forwarded to UNHCR office in New Delhi office," an NGO official said.

When contacted, UNHCR officials said one of the main problems with Rohingyas is that they sneak into India through Bengal from Bangladesh and are detained as illegal Bangladeshi immigrants.

While talking about the number of Rohingyas having registered as refugees under UNHCR and living in India, Shuchita Mehta, Public Information Officer of UNHCR India, said, "There are around 9,150 Rohingya refugees and 2,406 asylum seekers registered with UNHCR in India."

The state home ministry official too agreed with the views of UNHCR, and said, "They don't want to go back to Myanmar fearing they would be killed and most of them identify themselves as Bangladeshis so that they can be pushed back to the neighbouring country after serving jail term."

The UNHCR official also said that it has been organising sensitisation programmes for jail officials and police officers and these were aimed towards helping the officials to identify and distinguish the Rohingyas from others and help them to appeal to UNHCR for refugee status.

August 23, 2015

The remains of two dozen people have been found near the border with Thailand, police said

A Malaysia forensic team at a mass grave site discovered on the border with Thailand in May. Photograph: Mohd Samsul Mohd Said/Getty Images

Malaysian authorities have found mass graves containing the remains of more than 20 people believed to be human trafficking victims near the border with Thailand, police said on Sunday.

The heavily forested Thai-Malay border has been a transit point for smugglers bringing people to south-east Asia by boat from Burma and Bangladesh.

The migrants are often held for ransom in squalid detention camps and according to some accounts face torture and starvation.

Police uncovered 24 bodies on Saturday in the Bukit Wang Burma area near the Malaysian border with Thailand, close to where authorities in May had found hundreds of bodies in illegal detention camps.

“Following on from the operation in which we found ... bodies of illegal immigrants, 24 more bodies have been found and dug up,” police said in a statement, adding that the remains had been handed over to medical experts.

It was not immediately clear if the bodies discovered were those of Rohingya, a minority ethnic group in Myanmar, whose members have fled widespread persecution in that country.

A crackdown by Thai authorities in May drove traffickers to abandon thousands of migrants on rickety, overcrowded boats in south-east Asian waters, triggering a regional humanitarian crisis that saw them land in Malaysia and Indonesia after being rescued by fishermen.

Rohingya Exodus