Rohingyas: The unwanted children

Rohingyas are ethnic group mostly Muslims, who are practicing a Sufi inflected variation of Sunni Islam. 

They are scattered mainly over Rakhine state of Myanmar. The name “Rohingya” originate from “Rohang” or “Rohan”, the names given to those who lived in the Arakan region of Myanmar during the 9th and 10th centuries. The Rohingya speak a dialect close to Chittagong version of Bengali.

What are their problems?

Buddhist majority Myanmar after its independence did not include Rohingyas in the Citizenship Act of 1982, thus became stateless. They were classified as “Resident foreigners” or “Associate citizens”.

Rohingya are one of the most persecuted communities in the world. After 1982, Burmese military junta started a systematic crack down on them, contending that Rohingyas as late comers and were not part of the original ancestry of Burmese society. They were forced to serve as slave labors, their properties were confiscated, women were raped and children were killed. They were excluded from 135 officially recognized ethnic groups. They were denied autonomous cultural status. They were denied not only access to health and education but also any claim to the idea of citizenship. These factors led to slow exodus of Rohingyas.

Rohingyas began a slow exodus towards Bangladesh and India (spreading to states such as Rajasthan, J&K, and moving as far as TN & Kerala).

Bangladesh shut its borders on them piously condemning them as drug peddlers. Rohingyas then attempted to cross into Malaysia, Thailand, and Indonesia only to realize that fellow Islamic nations had little sympathy for them. The no welcome sign was clear and categorical. Each state would claim that they have fulfilled its humanitarian quota.

It is not clear whether Rohingyas are refugees or illegal migrants. As refugees, they are entitled to some care but can also become a target for informal economy of bonded labour. As illegal migrants, they are subjected to harassment of law.

In 2014 – Rohingya were refused enumeration during the Myanmar census. The government identified them as Bengalis which they refuse.

Under international pressure, Myanmar established The Rakhine Advisory Commission led by former UN Secretary General Kofi Annan in 2016 aimed at finding a lasting solution for the decade’s old crisis. It had some notable Myanmar experts also.

The Rakhine Advisory Commission submitted its report on Aug 24, 2017. The report highlighted that Rakhine state is ripe for radicalization and there is a possibility of threat posted from potential radicalization. One of the key recommendations of the Annan commission was, to confer citizenship to those who are living there for generation by amending the 1982 citizenship act.

UN Special Reporter Yanghee Lee says that there were many pilot projects for citizenship verification. Government says people do not cooperate but the ground reality is people are tired of the process.

On Aug 25th 2017 – There was coordinated attack on government and security outpost by Rohingya militants under a recently formed ARSA (Arakan Rohingya Salvation Army). ARSA was previously known as Harakah al Yaqin (A radical Islamic group) which is believed to have received assistance from jihadist including from Pakistan. ARSA is now designated as terrorist outfit.

Myanmar Army went in to Rakhine state to hunt terrorist in retaliation. Many experts are of the view that, these are not mere act of retaliation but were well planned offensive on part of Myanmar army to suppress the impact of Annan commission report which was published just a day ago. The basis of suspicion was, before the army operation, media was stopped; food, water supply and other aid were cut off.

Many were killed in the violence that followed. This led to the fleeing of thousands of refugees risking human trafficking across the Naf River on Bangladesh - Myanmar border to Bangladesh. Initially, Bangladesh was hesitant to open the border along the Naf River but looking at the plight of helpless people it allowed refugees.

Reports had surfaced that about 10 Hindus had being killed and the ethnic Mro community people were killed as well and they had also taken shelter in Bangladesh. So violence is no longer confined between Buddhist and Muslims.

Bangladesh itself is one of the most densely populated nations that has hosted more than 6,00,000 Rohingya refugees compared to 40,000 by India. Cox’s Bazar (South East coast of Bangladesh) became the world’s largest refugee settlement.

On this backdrop, Indian PM Modi made a state visit to Myanmar in September 2017. Bangladesh which has done so much to India has expected PM Modi to express concern about unfolding humanitarian crisis. But, in a joint statement PM Modi said, “India stand with Myanmar over the issue of violence in the Rakhine state”.

Bandladesh did not get support in times of humanitarian crisis from its biggest neighbor. Ironically, when Bangladesh purchased 2 submarines from China, indicating growing defence ties with China, New Delhi rushed its then Defence Minister Mahohar Parrikar to Dhaka to elevate military cooperation. Such promptness which was missing, when it comes to supporting Bangladesh in times of humanitarian crisis has disappointed Bangladesh.

After a nudge from the Hasina government, New Delhi has rushed consignments of humanitarian aid for the refugees in Bangladesh. Indian government launched Operation Insaniyat to provide assistance to Bangladesh. Under this operation, India provided relief materials including rice, sugar, salt, pulses, cooking oil and mosquito nets to the affected people.

Bangladesh had urged the international community to put pressure on Myanmar to take back the refugees, following which

• International Committee on the Red Cross, Dhaka had proposed that Myanmar secure areas in Rakhine under international relief agency supervision. But, there has been no response from Myanmar.
• UN Secretary General, Antonio Guterres at a press conference at UN headquarters in New York said that the situation in Rakhine was best described as “ethnic cleansing”.
• A number of Muslim majority countries especially Turkey, Indonesia, and Malaysia not only expressed serious concerns but also tried to rally support to Rohingyas. 
• Turkey President Recep Tayyip Erdogan rallied OIC (Organization of Islamic Countries) into denouncing Myanmar’s action. 

In March 2018, in UNSC, China and Russia blocked a statement on Myanmar which was expected to be critical. China had defended Myanmar’s action against insurgents.

India and the Rohingya crisis

In 2017, Minister of State for Home Affairs Kiren Rijiju informed the parliament that 40,000 Rohingyas were to be deported. He was clear that the Rohingyas were illegal migrants and “anybody who is an illegal migrant will be deported”.

Section 3(2)(c) of The Foreigners Act 1946, gives the central government the right to deport a foreign national. India is not a signatory to the 1951 UN Convention and 1967 Protocol relating to the status of refugees, and it does not currently have a national law on refugees.

NHRC (National Human Rights Commission) was quick to respond. In August 18 2017, it had issued a notice to the government over its plan to deport Rohingyas who were staying illegally in India.

UNHCR (United Nations High Commissioner for Refugees) appealed to India to stay the repatriation as the current condition in Rakhine state is not conducive for safe, dignified and sustainable return of the Rohingyas.

Arguments against deporting 

What India confronts is a case of ethics.

• India has prided itself in its tradition of “Atithi Devo Bhava”. A country which offered a home to the Parsis, the Tibetans, the Afghans and the Jews cannot turn a little minority of helpless people back. If we were to abandon the Rohingyas, we would have to abandon the idea of India as a home of refugees and hospitality. It is the question of saving the soul of India. Rohingyas represents “the last man” of international society that Gandhi talked about.
• Not only as a major power in the region but also as the largest democracy in the world, there are expectations that India should extend help to the fleeing Rohingyas, at least on humanitarian grounds.
• If India deports Rohingyas back, it will weaken India’s moral authority to speak for minorities in other parts of its neighborhood and refuge crisis in other parts of the world, be it refuge crisis in Europe post Syrian war, etc…
• Rohingya are not illegal migrants rather they are refugees. Rohingyas are threatened with continuous persecution, whose homes are unsafe and whose livelihoods have been destroyed. To force to return would only subject them to harassment, ethnic persecution and a genocidal future. 
• In NHRC vs State of Arunachal, the court had extended the protection under Article 14 and 21 to refugees. The deportation potentially violates the Article 21.
• Article 51 of the Indian constitution imposes an obligation on the state to endeavor to promote international peace and security.

Arguments in favor of deportation

• Myanmar’s unwanted children cannot become India’s moral burden.
• There is a limit to which our overpopulated country can accommodate without triggering socio-economic tensions.
• It poses a serious security threat to India in the following ways
• The Islamist terrorist groups may expand their networks through some hard line Rohingyas. 
• There are genuine fears that destitute Rohingya youth (5,700 in J&K) would be easy prey to Pakistan’s ISI and international jihadist outfits such as al-Qaeda among others. 

A case challenging the government’s move to carry out mass deportation of Rohingya refugee is pending before SC. The petition was filed by 2 Rohingya Muslim refugees for the protection of the life and liberty of their community.

On Oct 2018, 7 Rohingya men were deported to Myanmar for being illegal immigrants. The government said that the detainees had consented to return and the Myanmar embassy had confirmed that they were citizens. An intervention application was filed before SC, seeking a stay order. The petition said that the detainees were refugees as they were at the risk of persecution. But, the matter was dismissed by the bench noting that they were illegal immigrants.

The former Ambassador to Myanmar, Rajiv Bhatia is of the opinion that the Rohingya crisis is a complex problem that is to be solved through blend of vigilance, prudence and compassion.

In 2017, India signed a development programme for Rakhine state in Myanmar which was designed to assist the Myanmar government in building housing infrastructure for displaced persons. As per the promise, in December 2018, India had handed over the first 50 houses built by India to Myanmar.

Peace and stability in the Rakhine state is important for India’s economic investment, internal security environment of North East India and India’s foreign policy agenda to the South East Asian countries.

The continued violence in Rakhine state is affecting India’s Kaladan Multi-modal Transit Transport project, which is aimed at developing transport infrastructure in south-west Myanmar and India’s northeast. The project includes the construction of a deep water port at the mouth of the Kaladan River in Sittwe, the capital of Rakhine state.

Myanmar is very important for internal security environment of North East India as upper western Myanmar is adjacent to Naga self-administered zone from where the Khaplang faction of the National Socialist Council of Nagalim (NSCN-K) operates.

Myanmar is an important pillar in India’s Act East policy. India is in the process of rejuvenating BIMSTEC, of which both the countries are members. So, India may have to play a quiet role to urge and nurture a long term solution to the problem.

India has a unique opportunity to demonstrate statesmanship and regional leadership by mediating a solution to Rohingya crisis on the basis of a report submitted by Kofi Annan commission. The success of India’s diplomacy will lie in the extent to which it can induce Myanmar to take a long view in the interest of its own political stability, internal security and social harmony.