[This is an up-dated version of the paper presented by the author at an
international seminar on “Borders in South Asia: States, Communities and
People” organized by Pondicherry University School of Social Sciences &
International Studies UNESCO Madanjeet Singh Institute of South Asia Regional
Cooperation & Centre for South Asian Studies at Pondicherry on February 1
and 2, 2018]
Introduction
The terms ethnicity, identity and nationality are generally
understood to mean the following:
·
Ethnicity: It is related to membership of a
particular racial, national, or cultural group and observance of that group’s
customs, beliefs and language.[1]
·
Identity: The Cambridge English Dictionary
defines identity as related to a person or the qualities of a person or group
that makes them different from others. In reality, what people perceive as
‘identity’ matters much more than definitions.[2]
·
Nationality: confers the official
right to belong to a country. It is also used in relation to a group of people
of the same race, religion, traditions etc. This right is enshrined in law of
the land, usually in conformity with international conventions.
Rohingyas of Myanmar have been called “the most persecuted people on
earth” ever since over 600,000 of them fled their homes to neighbouring
Bangladesh to escape persecution at the hands of the army and Buddhist fringe
elements August 2017 onwards.[4] Rohingya community has been chosen for this case study as their plight has all the
ingredients that cause ethnic conflict not only in Myanmar, but in many other
multi-ethnic societies.
The case study is presented in four parts as follows:
1. Part I: Background
2. Part II: Myanmar’s
response to the 2017 crisis
3. Part III International
intervention
4. Part IV Conclusion
PART I –BACKGROUND
Origin of Rohingya
Geographically, Indian
subcontinent is the peninsular region of south -central Asia bound by the
Himalayas in the north, the Hindu Kush mountains in the west and the Arakan
mountains (in Myanmar) in the east. The region is home to over 1.7 billion
people of different religions, ethnicities, nationalities and identity groups
speaking a variety of languages and myriads of dialects. [5]
The British East India Company, which entered Indian
subcontinent in 1600, had established control over three provinces of Madras
(now Chennai), Bombay (now Mumbai) and Calcutta (now Kolkata) by 1708. After
defeating the Burmese rulers of Konbaung dynasty in the First Anglo-Burmese War
(5 March 1824 to 24 February 1826), the British gained control of Assam, Cachar
(now part of Assam state) and Jaintia (now part of Meghalaya state) in India
and Arakan (now Rakhine state) and Tenasserim in Burma.[6] Burma was placed under a
separate colonial authority from 1824 on wards till 1948, when Burma gained
independence.
The Rohingya community is
of Indo-Aryan stock, concentrated in the Arakan region in Myanmar in the
northern coastal area bordering Bangladesh. Arakan is separated from the rest
of the country by Yoma hill range running north to
south. The origin of the first settlers of Rakhine state is not clear.
However, Dr. Abdul Karim, author of a Short History of Rohingyas, says there
was evidence of people from Bengal interacting with Arab traders in Arakan
coast from 4th century onwards.[7] According to Human Rights Watch, “the Rohingya have had a
well-established presence in what is now Burma since, at least, the twelfth
century,” though Rohingya leaders claim they are an ethnically distinct group,
descendants of first Muslims, who began migrating to northern Arakan in the
eighth century.[8]
Arakan state existed as an independent kingdom till Burmese King Bodawpaya conquered it in 1784. The war saw Arakanese refugees fleeing to Bengal. The refugees appear to have had links with Rohingya in Rakhine since 1790 as recorded by the British emissary to the Burmese King in Mandalay.[9] To summarise, it would appear that by 8th century Rohingya people of South Asian origin lived in the Arakan kingdom in the present Rakhine state. Between 9th and 14th century, they forged close ties with Bengal and came in contact with Islam through Arab traders.[10]
Arakan state existed as an independent kingdom till Burmese King Bodawpaya conquered it in 1784. The war saw Arakanese refugees fleeing to Bengal. The refugees appear to have had links with Rohingya in Rakhine since 1790 as recorded by the British emissary to the Burmese King in Mandalay.[9] To summarise, it would appear that by 8th century Rohingya people of South Asian origin lived in the Arakan kingdom in the present Rakhine state. Between 9th and 14th century, they forged close ties with Bengal and came in contact with Islam through Arab traders.[10]
The total area of Rakhine state is 36,752
square kilometers with population 3,188,807 according to Myanmar’s first-ever population
census in 2014. According
to the census, ethnic Rakhine of Tibeto-Burman stock form the majority
population. They live mostly in lowland valleys in the south and in Ramree and
Manaung islands. A number of other ethnic minorities – Kaman (Muslims), Chin,
Mru, Chakma, Khami and Bengali Hindu - inhabit the hill regions of the state. Myanmar government does not
recognise Rohinga as a distinct ethnic identity as they are not included in 135
ethnic communities officially recognised as inhabitants of Myanmar. So the 2014
census excluded their count,There are estimated to be approximately 1.2 million
Rohingyas, who are mostly Muslims, speaking a dialect similar to
Chittagong dialect of Bengali, living inMyanmar.[11]
Army
rule and Rohingya persecution
Buddhist-Muslim
confrontation has a long history in Myanmar. It goes back to pre-independence days
when Buddhist groups supporting the Japanese and the Muslims supporting allied
forces, fought each other during the World War II (1942-43). Even after seven
decades, the residual bitterness manifests itself in the religious, social,
political and extremist discourse of both communities. As the Rakhine state has
the largest concentration of Rohingya Muslims, they are targeted in any
communal clashes between Muslims and Buddhists.
According to the International Crisis
Group report of December 2016, “a mujahidin rebellion erupted in April
1948, a few months after independence.[[12]]
After Pakistan rejected the rebels demand for annexing northern Rakhine State
to East Pakistan (now Bangladesh), they sought “to live as full citizens in an
autonomous Muslim area in the north of the state.” However, the government
placed restrictions on their movement from northern Rakhine to the state
capital Sittwe. The Mujahidin attacked Rakhine Buddhist business and the
government establishments and quickly seized control of large parts of the
north, throwing out many Buddhist villagers. Burmese army already facing ethnic
insurgencies across the country, had little control over the state other than
Sittwe. In 1954 the army launched Operation Monsoon, a massive operation in
Rakhine State and captured most of the mujahidin mountain strongholds along the
East Pakistan border. The rebellion ended with the defeat of remaining groups in
1961 and a ceasefire was announced.
Burma as a whole had been facing ethnic conflicts ever
since it gained independence in 1948, except for first few years. On the eve of independence minority ethnic communities like
Arakanese, Chin, Kachin, Shan, Karen and Kayah(Karenni) became wary of
domination by Burmese speaking Buddhist Bamar majority in independent Burma.
However, Major General Aung San, the Burmese independence war icon, persuaded
them to sign the Panglong Agreement promising autonomy for the ethnic groups.
Accordingly, the Union of Burma and the Shan, Kachin, and Chin minority groups
signed the agreement February 12, 1947.[13]
However, after the first
few years of independence in 1948 successive Burmese governments did not
enforce the Panglong agreement in true spirit of reconciliation. As a result,
the government lost the trust of non-Bamar ethnic groups and insurgency broke
out in full swing in early 60s, paralyzing the government. Ethnic insurgencies
and Communist insurgencies aided by Peoples Republic of China threatened the
very existence of Burma as a united entity. The unwieldy coalition governments found
it difficult to handle the situation. The confused political situatioon enabled
General Ne Win, Burma’s army chief, to take over power in 1962 with a promise
to safeguard the integrity of the Union.
Low level Rohingya
extremism continued even after Army seized power in 1962. The army carried
out military operations to suppress Rohingya support organisations.
Non-Rohingya Rakhines believed most of the Rohingya are illegal migrants,
assisted the army during the operations. Growth of Islamic fundamentalism in
neighbouring East Pakistan fanned anti-Rohingya rhetoric among Buddhist
majority in Myanmar, particularly in Rakhine.[14]
During General Ne Win’s military rule from 1962 to 1988, Myanmar
went into self-imposed isolation, cutting off international participation. His
unique economic experiment “Burmese way to socialism” turned Myanmar into one
of the poorest ten countries. As the Guardian noted his “strategy was two-fold: to build up a
monolithic system of government under the Burmese Socialist Programme party,
while launching all out offensives against insurgent groups in the countryside.
Foreigners were expelled, the economy nationalized and hundreds of political leaders imprisoned.” He declared
federalism was “impossible” as it would destroy the union of Burma.[15] His government adopted a hardline
stance toward minorities prompting attempts to reform the mujahidin movement.
During the same period, over a dozen non-Bamar ethnic communities continued
their quest for independence resulting in ethnic insurgency that still
continues in parts of the country. Fighting ethnic insurgency to defend the
union provided the raison d'être for the army to hold on to power.
The army carried out ‘Operation Dragon King’ (February to
July 1978) ostensibly to assist registration of citizens in Northern Arakan;
however, it was in fact aimed at driving out Rohingyas declared as “foreigners”
as well as to arrest the leaders of Rohingya Patriotic Front (RPF) operating
from Bangladesh. During the operation an estimated 200,000 to 250,000 Rohingyas
fled to Bangladesh as refugees. However, after UN intervention both Burma and Bangladesh
signed an agreement on July 31, 1978. About 125,000 refugees were repatriated
back to Burma.[16].
The military regime from 1988 to 2011 is said to have
encouraged the conversion of ethnic minorities, “often by force, as part of its
campaign of assimilation.” According to Monique Skidmore, the military regime
promoted a vision of Burmese Buddhist nationalism as a cultural and a political
ideology to legitimize its rule, trying to bring a religious syncretism with
its totalitarian ideology. [17] This is the reason
why Buddhist extremist movements like Ma Ba Tha led
by Mandalay based Buddhist monk Ashin Wirathu spouting anti-Muslim rhetoric are
able to continue their activity even today. These extremist movements continue
to support strong arm tactics of the army against Rohingyas.
In 1982, the military regime passed a new citizenship law
identifying 135 ethnicities entitled to citizenship.[18] As
Rohingya were not included among the “entitled” ethnicities, they are
considered “foreigners,” but in reality stateless.[19] Probably, the threat to Rohingya
identity acted as the trigger that pushed sections to Rohingya to try and
establish contact with radical Muslim extremist groups overseas. Among them,
the Rohingya Solidarity Organisation (RSO) which was formed in 1982, developed
contacts with terrorist groups linked to the al-Qaeda in Afghanistan, Pakistan
and Bangladesh. In 1989, the ruling junta promulgated martial law and carried out military
operation against Rohingya. In 1991-92, conscription of forced labour led to
250,000 Rohingya fleeing their homes. However, UN Council for Human Rights
(UNCHR) persuaded Myanmar to the repatriation of 230,000 Rohingyas to Rakhine.
In the 1980s and 1990s, the RSO had
small bases in remote parts of Bangladesh near the Myanmar border but was not
thought to have any inside Myanmar. In its highest-profile attack in April
1994, several dozen fighters entered Maungdaw from Bangladesh carried out attacks
on the town’s outskirts. Significantly, the group did not receive strong local
support and security forces defeated them.
After that the RSO kept a low profile in
Bangladesh and carried out occasional small attacks on Myanmar security forces
into the early 2000s. Rohingya National Army (RNA) claimed in a press release
that on May 27, 2001 it had carried out a Myanmar army camp near Maungdaw in
Rakhine state killing or injuring 20 soldiers. Significantly, the report
claimed it was RNA -Arakan Army joint operation, which was the first of its
kind.[20]
A Myanmar military intelligence report,
cited in a U.S. diplomatic cable in 2002, made the “generally plausible” claim
that 90 RSO/ARIF members attended a guerrilla war course, 13 also participated
in explosives and heavy weapons courses in Libya and Afghanistan in August
2001. In the early 2000s, the RSO had an active weapons and explosives training
arrangement with the Jamaat-ul Mujahideen Bangladesh (JMB), a notorious
Bangladesh Islamist extremist outfit.[21]
End to military rule
After General Ne Win’s rule ended in 1988, public agitation spearheaded
by students took to the streets demanding civilian rule. In order to satisfy
them, the army held the first-ever multiparty elections in three decades in
1991. Aung San Suu Kyi, daughter of icon of Myanmar’s national icon Major
General Aung San, who had led the National League for Democracy (NLD)
campaigned for full restoration of civilian rule, and swept the polls. Her
enormous popularity probably kindled military’s fears of losing its grip on
power. So the ruling junta, never allowed NLD to come to power and incarcerated
Suu Kyi and other NLD leaders. This created an international furore and
spontaneous wave of sympathy for Suu Kyi led struggle for democratic rule.
In August 2003, the ruling military junta introduced the “Roadmap to Discipline
Flourishing Democracy” providing a seven-step process to restore democracy in
the country.[22] It
reconvened the National Convention (NC) adjourned since 1996. The NC drafted a
new constitution which was adopted in 2008 after holding a national referendum,
though the country was devastated by cyclone Nargis. However, opposition
parties and international NGOs considered the referendum a sham. The 2008
Constitution drafted under the guidance of the army, legitimizes army’s role in
the legislature and executive by reserving 25 percent of the seats in the union
and state legislative bodies for the army. The commander in chief appoints the
ministers of defence, home and border affairs by selecting officers from the
defence services, while the president appoints other ministers.[23] Thus effectively, the commander in chief
controls defence, home and border affairs ministries.
Muslims
including Rohingyas, who were generally averse to violence, supported Daw Aung
San Suu Kyi and the NLD’s struggle for restoration of democracy from 1991
onwards. There were Muslim leaders within the ranks of NLD. The NLD boycotted
the first multiparty-election held in 2011 under the 2008 constitution as many
of its leaders in custody were not released. The pro-army Union Solidarity and
Development Party (USDP) won the elections and formed the government under President
Thein Sein, a former general. During his rule from 2011 to 2016, a number of
structural reforms were carried out. There was improvement in human rights
situation. The government restored media freedom, eased internet access and
released most of the political prisoners. The government also constituted the
State Human Rights Commission.
However,
on the flip side, during this period Buddhist extremist elements became more active
against Muslims, particularly the Rohingya in Rakhine State, under the benign watch of the law enforcing
agencies controlled by the army. This led to some of the worst anti-Muslim
riots listed below: [24]
·
June 2012:
In Rakhine state, rape and murder of a Buddhist woman sparked off a deadly
chain of events resulting in widespread rioting. In clashes between Rakhine Buddhists and
Muslims, mostly Rohingyas, 200 people were killed and thousands were displaced.
This set off a major exodus of Rohingya’s to safe havens abroad, notably to
Bangladesh.
·
March 2013:
In Meiktila in central Myanmar, an argument in a gold shop led to
Buddhist-Muslim violence in which 40 people were killed and entire
neighbourhood was razed.
·
August
2013: In the central town of Kambalu rioters burned Muslim-owned shops and
houses after the police refused to hand over Muslim man accused of raping a
Buddhist woman.
·
January
2014: According to the UN, in Rakhine state more than 40 Rohingya men, women
and children were killed in violence after a Rohingya was reported killing a
Rakhine policeman.
·
June 2014:
In Mandalay, after a rumour spread on social media that a Buddhist woman had
been raped by Muslim men, rioters killed two people and injured five.
These
attacks increased the feeling of insecurity among Muslim population living in
Rakhine State, who were already facing severe restrictions on free movement
outside the village or between townships resulting in loss of work
opportunities and near absence of government services. Ultra-national Buddhist
elements’ demand for laws to protect race and religion targeted at Muslims made
the minority community further nervous.
The
feeling of insecurity among Muslims gave greater traction to the growth of
Rohingya extremism, largely supported by expatriate Rohingyas. As early as
2009, media reports indicated that Rohingyas belonging to the Arakan Rohingya
Nationalist Organisation (ARNO) and Rohingya Solidarity Organisation (RSO) were
being trained in different Al Qaeda and Taliban camps in Afghanistan.[25]
The insurgent group
Harakah al-Yaqin (Faith Movement, HaY) supported by Rohingya expatriates in
Saudi Arabia gained a foothold in Rakhine State. According to the ICG report,
HaY enjoyed considerable support from Muslims in northern Rakhine State,
including several hundred locally trained recruits. The report also said HaY
group had links with Rohingya expatriates in Saudi Arabia and Pakistan. It also
added that Afghan and Pakistani fighters had secretly trained groups of
Rohingya villagers in Rakhine state. Indian intelligence agencies have also
accessed similar information, identifying different groups and their leaders.
Part II: Myanmar Response to Rohingya crisis
2017
Hopes
of Rohingya were kindled when the NLD decided to participate in the 2015 elections.
However, Aung San Suu Kyi’s politically
loaded silence on Thein Sein government disenfranchisement of Muslims prior to
the 2015 elections disappointed Muslims including Rohingyas. For the first
time, the NLD did not field any Muslim candidate in the election. It indicated
Suu Kyi’s politics of compromise, rather than fair play, to achieve electoral
success. Perhaps, this was the point of
no return for the Muslim community as all avenues of political participation
for them were now closed.
Aung San Suu Kyi led the NLD to resounding
victory in the elections. The 2008
Constitution did not permit her to be elected president as she was married to a
foreigner. So in April 2016, the NLD struck a compromise and appointed Aung San
Suu Kyi as State Counsellor, a position specially created for her. There was
widespread expectation that she would carry out reforms to improve the human
rights record of the state. She released imprisoned student protestors and
promised to carry out more people oriented policies.
The year also saw turbulence in clashes with
armed ethnic groups particularly in Kachin, Kokang, Arakan and Ta insurgent
groups. In order to speed up the reconciliation process with 20 ethnic groups
active in the country the Second 21st Century Panglong Conference
was organised from May 24 to 29, 2017. However, 15 ethnic group representatives
attended the conference, including eight groups which had signed a ceasefire
agreement. Aung San Suu Kyi in her speech outlined three main goals of the
conference: emergence of a democratic federal union based on democracy and
federalism, all parties to sign a nationwide ceasefire agreement and finally to
discuss the principles on which political dialogue will be based. The
conference may be considered a partial success progressively more and more
ethnic groups have participated in these efforts. Significantly, China’s
ambassador was present at the conference indicating China’s role in the ethnic
reconciliation process.[26] Though Rohingya were not included in this conference, Aung San Suu Kyi’s goal
of a democratic federal union based on democracy and federalism spelled out at
the conference, provides hope for favourably considering Rohingya’s demand for
autonomy within a federal union.
On August 23, 2016, State Counsellor Aung San
Suu Kyi appointed an Advisory Commission on Rakhine State.[27] The Advisory Commission chaired by former UN Secretary General Kofi Annan
consisted of three international and five national persons of eminence. It was
mandated to meet with all stakeholders, international experts and foreign
dignitaries to hear their views and consider humanitarian and development
issues, access to basic services, the assurance of basic rights and the
security of the people of Rakhine. The Commission was also to undertake
assessments and make recommendations on conflict prevention, humanitarian
assistance, rights and reconciliation, institution building and promotion of
development. The Commission had over 150 consultations and meetings, travelled
extensively throughout Rakhine State and held meetings in Yangon, Naypitaw in
Myanmar and Indonesia, Thailand, Bangladesh and Geneva.
Even as the Advisory Commission was
deliberating, Rohingya terrorists in large numbers attacked three Myanmar
police posts located along the Bangladesh border on October 9, 2016. HaY based
in Bangladesh claimed responsibility for the attacks that resulted in the death
of 40 people. They killed nine officials and looted 51 weapons from the posts.
According to the Myanmar Army statement on 15 November 2016, in all 69 Rohingya
insurgents and 17 security forces including seven soldiers were killed in these
clashes taking death toll to 134 (102 insurgents and 32 security forces). It
said 234 suspects connected with the attack were arrested.[28]
The Advisory Commission submitted its final
report to the government on August 23, 2017.[29] The report recommended urgent and sustained action on a number of fronts to
prevent violence, maintain peace, foster reconciliation and offer a sense of
hope to “the State’s hard-pressed population.” It considered a broad range of
structural issues that were impediments to the peace and prosperity of Rakhine
State. Many of its recommendations focus specifically on citizenship
verification, rights and equality before the law, documentation, the situation
of the internally displaced and freedom of movement which affect the Muslim
population “disproportionately.”
Commission chair Kofi Annan proposed a ministerial-level appointment with the sole function of coordinating policy on Rakhine State and ensuring the effective implementation of the Advisory Commission recommendations.
As though to underline the urgency of implementing the Commission’s recommendations, on August 25, 2017 150 Arakan Rohingya Salvation Army (ARSA) insurgents attacked 24 police posts and a military base, killing 12 security personnel. In the military operations that followed, the ARSA lost 59 insurgents. The Guardian report, quoting humanitarian agency Médecins Sans Frontières, said “more than 6,700 Rohingya Muslims, including at least 730 children under the age of five” were killed in the first month of military crackdown that started in August 2017.[30] Myanmar Army implemented a comprehensive “four cuts” counter insurgency strategy to deprive the militants of food, funds, intelligence and recruits.[31] During the course of operations villages were burned, crops destroyed, minefields laid and populations displaced in Rohingya villages.
Commission chair Kofi Annan proposed a ministerial-level appointment with the sole function of coordinating policy on Rakhine State and ensuring the effective implementation of the Advisory Commission recommendations.
As though to underline the urgency of implementing the Commission’s recommendations, on August 25, 2017 150 Arakan Rohingya Salvation Army (ARSA) insurgents attacked 24 police posts and a military base, killing 12 security personnel. In the military operations that followed, the ARSA lost 59 insurgents. The Guardian report, quoting humanitarian agency Médecins Sans Frontières, said “more than 6,700 Rohingya Muslims, including at least 730 children under the age of five” were killed in the first month of military crackdown that started in August 2017.[30] Myanmar Army implemented a comprehensive “four cuts” counter insurgency strategy to deprive the militants of food, funds, intelligence and recruits.[31] During the course of operations villages were burned, crops destroyed, minefields laid and populations displaced in Rohingya villages.
The heavy handed military operations triggered
a massive exodus of Rohingya to neighbouring Bangladesh from August 25, 2017
onwards. According to a Reliefweb report in February 2018 more than 671,000
Rohingya
have fled Myanmar for Bangladesh causing a human rights crisis of global
proportions. An Amnesty International report, citing satellite images,
said 350 Rohingya villages were completely destroyed and the military was
building bases where some of the Rohingya homes and mosques once stood.[32]
Bangladesh’s foreign minister AH Mahmood Ali called it a “genocide” waged by Myanmarese troops, while UN Human Rights Commissioner Zeid Ra’ad al-Hussein called it “a textbook example of ethnic cleansing”.
Bangladesh’s foreign minister AH Mahmood Ali called it a “genocide” waged by Myanmarese troops, while UN Human Rights Commissioner Zeid Ra’ad al-Hussein called it “a textbook example of ethnic cleansing”.
According the UN High Commissioner for Refugees, in addition to the refugees in Bangladesh, around 120,000 internally displaced persons, mainly Rohingya, driven from their homes by inter-communal violence were now in their sixth year of confined encampment.[33]
The rise of Aung san Suu Kyi as Myanmar to power has been
mainly due to huge international support during her long fight for democracy.
The Nobel prize winner for peace was seen as the global upholder of universal
rights. After the Rohingya exodus started after August 2017 violence,
international community expected Suu Kyi to act swiftly to rein in the army,
create conditions to halt the outflow of refugees from Rakhine State and bring
to book those who committed human rights excesses. However, she failed to live
up to their expectations on the Rohingya issue. She took a month to make an
official statement on the issue, which glossed over army’s excesses and lacked
remorse. In her public address, she said she did not “fear international
scrutiny.” On accusations of ethnic cleansing against the army, she said “there
have been allegations and counter allegations….We have to make sure those
allegations are based on solid evidence before we take action.”
The government has continued to be in a state of denial;
till date it has not permitted UN agencies, international NGOs and the press to
visit Rakhine State although allowing free media coverage was one of the
specific recommendations of the Kofi Annan Commission. Two Reuters reporters filed
a highly damaging eye witness account of Buddhist villagers and Myanmar troops
killing 10 Rohingya men and burying them in the village of Inn Din on September
2, 2017. The two Reuters reporters Wa Lone and Kyaw Soe Oo, who are Burmese
citizens, have been arrested on December 12, 2017 and are held on charges of
violating official secrets act. However, since then, the army has admitted the
possibility of the massacre and arrested 10 soldiers pending an
investigation.
Aung San Suu Kyi set up a 10-member Advisory Board for the
Committee for Implementation of the Recommendations on Rakhine State as a
follow up to the Kofi Annan-led Advisory Commission report. Even as the
advisory panel chaired by former Thai deputy prime minister Surakiart
Sathirathai was preparing to visit North Western Rakine State, on January 25,
2018, a member of the panel Bill Richardson, former energy advisor to President
Bill Clinton, quit the panel over the issue of panel refusing to discuss the arrest
of two Reuters reporters. He called the panel a “white wash” and accused Suu
Kyi of lacking “moral leadership.” This has further embarrassed the government.[34]
Although, Myanmar and Bangladesh agreed in January 2018 to
complete a voluntary repatriation of the refugees in two years. However,
refugees continue to fear the conditions are not secure in Rakhine State for
them to return. Myanmar set up two
reception centres near the border to receive returning refugees. However, there
had been poor progress; Bangladesh has disputed Myanmar claims of receiving
first five refugees made on April 15, 2018 and Rights groups have called it a
publicity stunt.[35] Media reports from
Myanmar indicate the army is assisting to create Rohingya free buffer zones in
areas where Rohingya had lived to settle other Rakhine people. This is a
disturbing trend as it increases the possibility of Rohingya returnees being
endlessly held in holding camps.[36]
It is clear Myanmar and State Counsellor Aung San Suu Kyi are in no
hurry to attend to the concerns of UN bodies and international community in
creating a secure environment in Rakhine State for successful repatriation of
Rohingya refugees from Bangladesh. Evidently, Myanmar is not implementing the
agreement with Bangladesh on repatriation of Rohingyas both letter and spirit.
So as in the past, the process of repatriation can be expected to drag on at a
pace set by Myanmar.
Part III International Intervention
In the past, Myanmar and Bangladesh had
bilaterally handled the Rohingya issue, making pragmatic compromises. However,
the results were temporary as Myanmar never addressed the core issue of
Rohingya citizenship status. However,
after Rohingyas refugees figures swelled to nearly a million in Bangladesh in
2017, it placed a heavy economic and administrative burden on Banglaesh. The
plight of Rohingya refugees in such large numbers triggered international
concerns. The ushering in of democratic rule in Myanmar in 2011 saw it becoming
the focus of international power play involving China, India and the US and its
allies. Growth of Islamist terrorist groups in South Asia and their efforts to
take advantage of Rohingyas plight has added yet another international security
dimension to the issue.
All these changes have inevitably
internationalized the process of resolving the Rohingya issue. This has
transformed the national problem of both Myanmar and Bangladesh into an
international one, making it difficult for the both the governments to handle
it to the satisfaction of both internal and external stakeholders. International intervention through the UN
agencies and other powers like India, China and ASEAN has to be examined in
this complex backdrop.
UN intervention
In the past,
international attention in Myanmar had focused to suppression of fundamental
freedoms and ethnic conflicts during General Ne Win’s autocratic military rule
than specifically on the Rohingya issue. The military regime had been tardy in
ratifying and enforcing international covenants on civil rights. In
fact, even with an elected government in power now, Myanmar has not ratified a
number of international covenants on civil and political rights, protection of
all persons from enforced disappearances etc. So
global attention was more focused on the restoration of democratic rights and
ending ethnic conflicts in Myanmar. The UN mandated and established the Special
Rapporteur on the situation of human rights in Myanmar in 1992. It has been
extended annually since then.[37] The UNHRC had been
regularly reporting about the gross violations of human rights including those
of Rohingyas in Myanmar from 1992 onwards.[38]
However, UN
intervened in Myanmr to facilitate the repatriation of 250,000 Rohingyas who
fled to Bangladesh as refugees when army
carried out ‘Operation Dragon King’ in Northern Arakan in 1978. Thanks to the
intervention about 125,000 refugees were repatriated back to Myanmar. Similarly, UN intervened in 1989 after
about 250,000 Rohingya sought refuge in Bangladesh when army launched an
operation in Rakhine State. In 1992 also Rohingya refugees were repatriated
with the help of the UN Human Rights Council (UNHRC).
In a significant move
relevant to the Rohingya crisis, Ban ki Moon, UN Secretary General introduced
‘Human Rights Up Front’ initiative in 2016 to bring the UN system together to
be mutually supportive, help prevention and prioritise human rights. The
initiative also seeks to prevent the most serious life threatening violations.[39]
The UN is involved in helping to resolve the Rohingya crisis
2017 in the following ways:
1. The UN
Security Council and the General Assembly to discuss political measures to
ensure accountability of Myanmar for its actions and take follow up measures to
bring peace;
2. The
Office of the Commissioner for Human Rights (OCHR) to monitor and report on
human rights violations perpetrated against Rohingyas.
3. Coordinating
and organizing relief assistance to Rohingya refugees in Bangladesh and
internally displaced persons in Rakhine State through the UN High Commissioner
for Refugees, the UN Humanitarian Affairs and Emergency Relief Coordinator and
the International Organisation for Migration.
At UN-supported humanitarian conference held on October 23, 2017 raised
more than $344 million to fund critical programmes for aid to Rohingya
refugees. Thirty five donor countries also pledged in-kind aid worth $50
million.[40] At the functional level in Bangladesh the UN
agencies were active in coordinating distribution of relief and assist
Bangladesh authorities in maintaining relief camps.
UN Security Council
action
The UN Security Council
unanimously approved a strongly worded statement on November 6, 2017 urged
Myanmar to “ensure no further excessive use of military force in Rakhine State”
after the presidential statement condemned the violence that led to more than
600,000 Rohingya flee to Bangladesh after an insurgent attack on security
forces on August 25, 2017 led to brutal retaliatory action by security forces. [41]
The
Security Council on Monday expressed "grave concern over reports of human rights violations and abuses in
Rakhine State, including by the Myanmar security forces, in particular against
persons belonging to the Rohingya community." It asked Myanmar to restore
civilian administration and apply the rule of law, and take immediate steps in
accordance with their obligations and commitments to respect human rights.
However, given the constitutional and structural limitations of Myanmar
government is functioning it is doubtful whether
The U.S.
The US response to the Rohingya issue was
slow in coming. Secretary of State Rex Tillerson said the US held the military
leadership for the Rohingya issue drawing a distinction with Aung San Suu
Kyi-led government and the military in handling the Rohingya issue. It has
already put an embargo on all military sales; it further restricted its
engagement with Myanmar army and withdrew all military aid to emphasize its
condemnation of the brutal actions against Rohingyas.
The US does not appear to have a carefully worked out strategy in handling the Rohingya issue. Secretary of State Rex Tillerson, who vacillated upon the issue during his visit to Myanmar earlier in November 2017, later condemned ethnic cleansing of Rohingya in a strong statement. He said “After careful and through analysis of available facts, it is clear that the situation in Northern Rakhine state constitutes ethnic cleansing against the Rohingya” and the US supported an independent investigation into what happened in Rakhine state.
The US does not appear to have a carefully worked out strategy in handling the Rohingya issue. Secretary of State Rex Tillerson, who vacillated upon the issue during his visit to Myanmar earlier in November 2017, later condemned ethnic cleansing of Rohingya in a strong statement. He said “After careful and through analysis of available facts, it is clear that the situation in Northern Rakhine state constitutes ethnic cleansing against the Rohingya” and the US supported an independent investigation into what happened in Rakhine state.
Bangladesh
The Rohingya issue
had always been a source of friction between Myanmar and Bangladesh. But the
2017 Rohingya crisis with its extremist dimensions has increased Bangladesh
concerns as Sheikh Hasina’s Awami League government has been carrying out
intense operations against jihadi terrorism infesting the country. So
Bangladesh is extremely wary of giving asylum to Rohingya refugees flooding the
country lest jihadi groups also infiltrate with them.
However, both the
government and people of Bangladesh had been sympathetic to the plight of
Rohingya refugees. Bangladesh is accommodating and administering them despite
its limited resources with help from international agencies. Bangladesh’s
generous help and empathy despite resources crunch has been praised by UN
agencies and many countries. The US has conveyed President Trump’s appreciation
for Bangladesh for hosting a million displaced persons and assured of the US’
continued political and humanitarian support in addressing the Rohingya crisis.[42]
According eyewitness
accounts, Bangladesh government has set up a separate civilian authority to
manage the refugee as soon as the crisis started.[43] All
domestic and international aid agencies can work only after gaining approval
from this governing body. In September 2017, thousands of troops of Bangladesh
army have been deployed to manage the refugee camps. They manage the
headquarters where goods are stored and guard roads leading to the camps. The
camps are divided into administrative zones under leaders chosen by the army.
Each leader is responsible for 200 families and ensure everyone gets provisions
from distribution sites and handle issues like resolving disputes. A large
surveillance system has been set up and intelligence officers control entry into
camps to ensure prevention of drug and human trafficking as well as control
recruitment by Rohinga militant bodies.
INDIA
India has always been
averse to allow the Rohingyas to cross over both legally and illegally. It is
untenable to permit the entry of Rohingya refugees both from national security
and political points of view. Bangladesh
and Myanmar borders have been conduits for illegal smuggling of arms and drugs
and human trafficking. This has encouraged a number of extremist groups
operating in the northeast region to seek sanctuaries both in Bangladesh and
Myanmar to enable them to carry out hit and run attacks.
So despite the
magnitude of the human tragedy, New Delhi had firmly sealed the border to
prevent entry of Rohingyas. Already in the state of Jammu and Kashmir, where
Pakistan is waging a proxy war using Jihadi extremist groups, 40,000 Rohingyas
have settled down illegally. Evicting them has already become a political
issue. In the northeast, illegal immigration is a major political and the
ruling Bharatiya Janata Party came to power for the first time in Assam state
with a promise to cleanse the state of lakhs of illegal Bangladeshi migrants.
However, India is providing humanitarian assistance to both
Bangladesh and Myanmar to handle the Rohingya refugees and to facilitate their
rehabilitation after their return to Myanmar. It has avoided using its
political and diplomatic pressure on Myanmar to assist the early repatriation
of Rohingyas. Bangladesh as close neighbor and ally of India is a little
unhappy at this.
India
launched Operation Insaniyat to organize delivery of 700 tonnes of
relief material to Bangladesh for Rohingya refugees.[44]‘In the first consignment, it airlifted 53 tonnes
of multiple consignments of relief material urgently required by the refugees –
rice, pulses, sugar, salt, cooking oil, tea, ready to eat food, biscuits,
mosquito nets etc.
India
views rapid socio-economic and infrastructure development that would have a
positive impact on all communities in Rakhine state as the only long term
solution for the Rohingya problem. With
this in view, India signed a memorandum in December 2017 with Myanmar for
providing $25 million over the next five years “intended to help the government
of Myanmar achieve its objective of restoration of normalcy in Rakhine state
and enable the return of displaced persons.” Proposals under the Indian
assistance include prefabricated houses, building schools, healthcare
facilities and building bridges in the state to help Rohingya refugees
returning from Bangladesh.[45]
China
China had built multi-faceted relations
with Myanmar during the period of military rule from 1962 to 2010. China’s
assistance largely enabled the military regime to partly neutralize the impact
of international sanctions regime during the military rule. China became the
main supplier of weapons and military equipment to Myanmar armed forces after
international sanctions banned arms supply to the country. China has been
involved in a number of strategically important projects along the coast of
Rakhine State. Chinese firms were involved in the construction of 2380 km of
oil and gas pipelines from Arakan coast to China’s Yunnan Province. China is
also involved in upgrading Myanmar’s oil fields and refineries. Petrochina is
building a major gas pipeline from Shwe oil field off Rakhine coast to Yunnan
to exploit around three trillion cubic feet of natural gas. After 2011, China’s
influence had started waning a little due to entry of Western powers and
India. The Bangladesh-China-India-Myanmar
infrastructure link (BCIM corridor) is a strategically important part of
President Xi Jinping’s Belt and Road Initiative (BRI). So it has become
imperative for China to ensure the security of along the Western borders of
Myanmar, particularly Rakhine State.
Usually, China prides itself in not
interfering in the internal affairs of other countries. Moreover, China, not
unlike India, has close strategic relations with Bangladesh also. So it has
been cautious in handling the Rohingya issue. So China seems to have decided to
assume the role of a mediator between Bangladesh and Myanmar, in view of its
strategic interests. China persuaded both Myanmar and Bangladesh to sign an
agreement on November 23, 2017 to allow the return of Rohingya refugees back to
their homes in Rakhine state in Myanmar. The three-point Chinese peace plan
draws upon the detailed recommendations of Kofi Annan Commission (KFC) report
on the Rohingya issue, submitted to Myanmar government in September 2017.
Though China has suggested the three-point
plan to defuse the Rohingya crisis, it is significant that it did not condemn
the human rights abuses committed against them. According to Chinese foreign
minister Wang Yi, the first phase of the three-phase plan was “to effect a
ceasefire on the ground, to return to stability and order, so the people can
enjoy peace and no longer be forced to flee.” The second and third phases would
facilitate an orderly return of those who have fled to Bangladesh and “work
toward a long term solution on poverty alleviation” to resolve the Rohingya
crisis in the long term.
Myanmar has managed to seal the borders and
announced a ceasefire on the ground in Rakhine State. However, Rohingya
population in Rakhine State continues to suffer restrictions and fear army. This
has not created a climate of confidence required to encourage Rohingya refugees
to return to Rakhine State as agreed upon between Myanmar-Bangladesh. China will
not be able to provide meaningful economic assistance as part of the long
solution unless the refugees return to Rakhine State. However, China is
unlikely to pressurize Myanmar for reasons of real politick. Its carefully
calibrated approach is aimed to retain its involvement in the critical issue
without irking both Myanmar and Bangladesh. With this, probably it hopes to
fill the space created by the US failure to come up with a plan to enable Aung
San Suu Kyi to handle the Rohingya crisis more effectively.
PART IV: CONCLUSION
Rohingyas have for long sought to lead a normal and
peaceful life, in the Rakhine state where they have probably been living since
14th century. However, after 1978 military crackdown and the denial
of citizenship rendering them stateless under the new citizenship and
nationalities act, they have been periodically leaving Myanmar periodically as
refugees or to emigrate overseas. According to the Arakan Project quoted by BBC in January
2018, Rohingyas population estimates in various countries are: Myanmar-484,000,
Bangladesh-947,000 (including those who migrated since August 2017), India
40,000, Indonesia-1000, Malaysia-150,000, Pakistan-350,000, Saudi
Arabia-500,000, Thailand-5000 and UAE-50,000.[46]
Nearly two million expatriate Rohingyas are supporting the struggle
for preserving the Rohingya identity and culture and to seek justice in
Myanmar. So the Rohingya struggle both within and outside Myanmar is likely to
continue. The rise of Jihadi terrorism is probably increasingly finds favour
with disillusioned Rohingya population; this segment could overwhelm the
moderate segment of Rohingya population. Thus at present condition in Rakhine
State provides perhaps ideal conditions of radical Islamic groups supported by expatriate
Rohingyas community and armed and trained by Jihadi extremist groups,
particularly in Bangladesh.
Myanmar has so far been tardy in implementing strategies to
create a safe environment for refugees to return to Rakhine Sate with
confidence. Myanmar has no option but to progressively implements an action
plan based on the Koffi Annan Advisory Commissions’s recommendations to create
a safe and friendly environment. Aung San Suu Kyi as a leader of international
stature, should be encouraged to draw up plans to integrate Rohingyas in the national
mainstream. The government will have to systematically carryout a nation-wide
integration campaign in schools and work places to create better understanding
between Buddhist Bamar community and Muslims as a whole. Only then the government
structural and systemic reforms both in the constitution and governance would
become meaningful to yield long term results to usher in permanent peace.
Unless the 2008 constitution is amended to end army’s role in the
legislature and government, the elected civilian government cannot be expected
to function effectively. Then only it can take charge and be accountable for
defence, internal security and border security which are at present controlled
by the commander in chief. Till Aung San Suu Kyi gathers enough support among
the people and political parties to amend the constitution to make it truly
democratic, she will continue to be compelled to make compromises on the
Rohingya issue.
In the near term, international
community has to ensure that Bangladesh is provided all assistance and
resources to look after nearly a million Rohingya refugees. It should also
assist Bangladesh in preventing spread of extremism among Rohingya refugees.
Both Bangladesh and Myanmar should be encouraged to continue their bilateral
interactions to evolve and implement a time-bound plan for systematic
repatriation of refugees. Political and diplomatic intervention and development
assistance by India, China and ASEAN can help this process to progress. They
can also use their influence to ensure Myanmar creates suitable conditions are
created in Rakhine State for Rohingyas to return home and settle down to resume
their normal lives.
Rohingya insurgency in Rakhine State has the
potential to grow in strength with the support of expatriate Rohingyas with its
international fall out. As Kofi Annan cautioned “unless concerted action – led
by the government and aided by all sectors of the government and society – is
taken soon, we risk another cycle of violence and radicalization, which will
further deepen the chronic poverty that afflicts Rakhine State.”[[47]] International community has to understand
Myanmar government’s limitations in acting positively due to constitutional and
legal road blocks. Rather than periodically threatening to impose sanctions, UN
interlocutors can be usefully engaged to work out solutions with the military
hierarchy and the government to cooperate in amending the citizenship and
nationalities enactments. Major powers involved in the region can use their
strength to influence Myanmar to take measures to act positively on this
aspect.
[Col
R Hariharan, a retired military intelligence specialist on South Asia, is associated
with the Chennai Centre for China Studies, South Asia Analysis Group and the
International Law and Strategic Analysis Institute. E-mail: haridirect@gmail.com
Web: http://col.hariharan.info ]
Notes and references
[1] The New
Dictionary of Cultural Literacy, Third Edition, 2005 published by Houghton
Mifflin Co.
[2] https://dictionary.cambridge.org/dictionary/english/identity
[3] In this paper the
present official name Myanmar is used for ease of understanding though the name
Burma was changed only in 1982. However, the terms Burma and Burmese have been
used in events during the British colonial period.
[4]The Economist, 15 January 2015 https://www.economist.com/news/asia/21654124-myanmars-muslim-minority-have-been-attacked-impunity-stripped-vote-and-driven
[5] Baker, Kathleen M; Chapman, Graham P. 11 March 2002, “The
Changing Geography of Asia,” Routledge, pp 10.
[6] Peam, B. R The Far Eastern
Quarterly Vol. 4, No. 1 (Nov., 1944), pp. 27-40. https://www.jstor.org/stable/2048985?newaccount=true&read-now=1&seq=1#page_scan_tab_contents
Accessed 2 February 2018
[7] Karim, Abdul Dr. June 2000. The Rohingyas: A short account
of their history and culture, Arakan Historical Society, Chittagong, Bangladesh
[8] Human Rights Watch report “Malaysia/Burma Living in Limbo” https://www.hrw.org/reports/2000/malaysia/maybr008-01.htm
[10] Timeline: A short history of
Rohingya minority, 23 December 2016,
Wall Street Journal https://blogs.wsj.com/indiarealtime/2016/12/23/timeline-a-short-history-of-myanmars-rohingya-minority/
[11] The 2014 Myanmar Population and Housing Census, Naypyitaw
Ministry of Immigration and Population, May 2015.
[12] Myanmar: A New Muslim Insurgency in Rakhine State” December
2016. International Crisis Group, https://www.crisisgroup.org/asia/southeast
-asia/myanmar/283-myanmar-new-musliminsurgency-rakhine-state
[13]https://en.wikipedia.org/wiki/Panglong_Agreement#The_Panglong_Agreement,_1947 accessed on 31 December 2017
[14] Persecution
of Rohingya: Timeline of conflict, Daily Pakistan 22 March 2018 https://en.dailypakistan.com.pk/world/persecution-of-rohingyas-timeline-of-conflict/
[16] Skutsch,
Carl “Encyclopedia of the World’s Minorities” Routledge p 128 . Accessed on 12
December 2017
[17] Skidmore, Monique (2005) “Burma at the turn of the
Twenty-first Century”, University of Hawaii Press quoted by Wikipedia
[18] The 1982 Burma Citizenship Law, promulgated not long after
the mass return of Rohingya who fled in 1978, distinguishes between three
categories of citizenship: citizenship, associate citizenship, and naturalized
citizenship. A person is issued a color-coded Citizenship Scrutiny Card
consistent with his or her citizenship status - pink, blue, and green
respectively. ‘Discrimination in Arakan’ Human Rights Watch. https://www.hrw.org/reports/2000/burma/burm005-02.htm
[19] ‘Burmese Citizenship Law’
Government of Burma 15 October 2012,
http://www.refworld.org/docid/3ae6b4f71b.html
[20] ‘Rohingya National Army successfully raided a Burma Army
camp 30 miles north’ May 28, 2001 http://www.rohingya.org/portal/index.php/burma/36-press-release-aia-nupa-rna-aa/41-press-release-rohingya-national-army-rna-successfully-raided-a-burma-army-camp-30-miles-from-nort.html
[21] ‘Myanmar: A
New Muslim Insurgency in Rakhine State” December 2016. International Crisis
Group, https://www.crisisgroup.org/asia/southeast
-asia/myanmar/283-myanmar-new-musliminsurgency-rakhine-state
[23] Constitution
-Burma Library www.burmalibrary.org/docs5/Myanmar_Constitution-2008-en.pdf Accessed on 5 November 2017.
[24] Why there is
communal violence in Myanmar? BBC News, 2 July
2014 http://www.bbc.com/news/world-asia-18395788
[25] Gomes, James ‘Rohingyas trained in
different Al Qaeda and Taliban camps’ in Afghanistan, 1 April 2009, Asian
Tribune http://www.asiantribune.com/?q=node/16449
[26]
Song,
Quingrun ‘Second Panglong Conference sees significant breakthroughs’ 1 June
2017http://www.mizzima.com/news-opinion/second-panglong-conference-sees-significant-breakthroughs
[27] Establishment of the Advisor Commission on
Rakhine State, 23 August 2016 Office of
the State Counsellor, http://www.statecounsellor.gov.mm/en/node/228
[28] Myanmar Army Evacuates Villagers, Teachers from Hostilities
in Maungdaw, 13 October 2016. Radio Free Asia https://www.rfa.org/english/news/myanmar/myanmar-army-evacuates-villagers-teachers-from-hostilities-in-maungdaw-10132016150238.html
[29] Advisory Commission on Rakhine State: Final Report 23
August 2017 http://www.kofiannanfoundation.org/mediation-and-crisis-resolution/rakhine-final-report/
[30] ‘6,700 Rohingya Muslims killed in
one month in Myanmar, MSF says’ December 14, 2017 The Guardian, London https://www.theguardian.com/world/2017/dec/14/6700-rohingya
-muslims-killed-in-attacks-in-myanmar-says-medecins-sans-frontieres
[31] Seith, Andrew
‘The Rohingya crisis and Myanmar’s military response’ 15 April 2018. https://www.lowyinstitute.org/the-interpreter/rohingyas-and-politico-military-strategies
[32] ‘Myanmar
builds military bases where Rohingya Muslims once lived and prayed says Amnesty
International’First Post 12 March 2018.
[33] UN High Commissioner for Refugees http://www.unhcr.org/news/latest/2018/2/5a82feb94/restoration-rights-key-myanmar-refugee-return-unhcrs-grandi-says.html
[34] ‘Exclusive:
Richardson quits Myanmar’s “whitewash” Rohingya crisis panel’ 25 January 2018 https://in.reuters.com/article/myanmar-rohingya-richardson/exclusive-richardson-quits-myanmars-whitewash-rohingya-crisis-panel-idINKBN1FD2PM
[35] First rohingya refugees repatriated to
Myanmar despite UN safety fears, The Guardian
[36] AFP ‘Ethnic
Rakhine purportedly seek Muslim-free buffer zone’ 17 March 2018 http://www.mizzima.com/news-domestic/myanmar%E2%80%99s-ethnic-rakhine-purportedly-seek-muslim-free-%E2%80%98buffer-zone%E2%80%99
[38] Rohingya
crisis: UN suppressed report predicting its shortcomings in Myanmar 5 October
2017 The Guardian
[40] https://news.un.org/en/story/2017/10/569082-rohingya-crisis-donors-pledge-344-million-un-backed-conference-support-aid
[41] Rohingya crisis: UN Security Council calls on Myanmar
to stop excessive military force 7
November 2017 http://www.dw.com/en/rohingya-crisis-un-security-council-calls-on-myanmar-to-stop-excessive-military-force/a-41268648
[42] ‘US to continue political and humanitarian support to Bangladesh’ The
Daily Star Dhaka. 18 February 2018
[43] Karim,
Sabrina, ‘I visited the rohingya refugee camps and here is what Bangladesh is
doing right’ accessed 3 March 2018 https://theconversation.com/i-visited-the-rohingya-refugee-camps-and-here-is-what-bangladesh-is-doing-right-90513
[45] ‘India pledges $25 million for Rohingyas to
help refugees to return’ 21 December 2017
https://www.livemint.com/Politics/u2jrNZx8nimfVrU5PB8CEN/India-pledges-25-million-for-Rohingyas-to-help-refugees-ret.html
[46] Myanmar
Rohingya: What you need to know about the crisis, 16 January 2018 http://www.bbc.com/news/world-asia-41566561
[47] Advisory Commission on Rakhine State: Final Report 23
August 2017 http://www.kofiannanfoundation.org/mediation-and-crisis-resolution/rakhine-final-report/
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