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| Sowrov Talukder |
Introduction:
Just realize
one thing; that you lived in your country peacefully with your family, your
culture, and your tradition. And suddenly you know that you have to move to
another country, not because you want to but for the very reason that your life
is in danger. Reconciling with the fact that all your cherished moments, the
childhood memories with your children imagining their future; the land where
you, your kids were born and spent the initial years of their lives; and even
the eternal resting place of your parents and ancestors confines you entirely.
These entire things break you from inside. This things happens with Rohingya.
A violent crackdown on Rohingya Muslims by Myanmar's army in August 2017 led to the movement of people from Arakan into Bangladesh. In order to arrive at Bangladesh, many people tired walking for days through jungles while undertaking hazardous sea trips over the Bay of Bengal. As per the estimates of United Nations High Commissioner for Refugees (UNHCR), around one million Rohingya refugees are sheltered in Bangladesh, which makes it one of the largest accepted stateless populations and a protracted refugee scenario globally.
Violation of International Human Rights Standards:
Antonio Guterres, the Secretary-General of the UN, did not hesitate to refer to Rohingya as " one of, if not the most discriminated people in the world." They are among the numerous ethnic groups of Myanmar. Indeed, this crisis provide them with an identity without a territory and citizenship that unjustly excludes them was a violation of every Human Rights Charter acceded by International Organizations.
1.1 Genocide Allegations and Statelessness of the Rohingya:
A Political activist from Myanmar, name Nay San Lwin said that “Myanmar has extinguished all the attributes of a person that would be deemed a true citizen in any country." ‘Rohingya’s statelessness is not an accidental consequence of history; it is actively engineered by the Myanmar military as part of ongoing genocidal policies.” Myanmar military’s indiscriminate violence against the Rohingya, including but not limited to village burnings and severe torture alongside sexual violence, has been assessed by independent UN factfinders as potentially genocidal in nature. Bangladeshi Rohingya refugees have expressed that there were plans to repatriate them back to Myanmar in 2021 but with this recent coup their return seemed more complicated making matters worse.
1.2 Internal Displacement and International Legal Framework:
Most Rohingya are, as Article 1 of the 1954 Convention on Statelessness defines the concept, “not considered as a national by any state under the operation of its law.” The ongoing armed conflicts within Myanmar around February 2021 have resulted in more than 1.3 million people becoming internally displaced as violence continued to rise. By the end of 2023, that number rose to over 2.6 million internally displaced persons living within the country’s borders. Currently it is the Rohingya population that poses challenges to international order and relations. As per Articles 26 and 27 of ICCPR along with Article II of the UDHR and ICERD’s clause which condemns any form discrimination against human beings, such acts defy fundamental principles of humanity. The crisis arising from this situation can be accurately characterized as severe in scope and with multifaceted repercussions extending beyond immediate borders. Among Southeast Asian countries, only The Philippines and Cambodia are members to the Refugee Conventions thus it puts restrictions to policies these nations could adopt within ASEAN freely borderless region would require its members to adhere.
International Legal Obligations:
Whatever transpires in Myanmar or whatever is transpiring in Myanmar, there are several legal obligations that conflict with treaty commitments alongside customary practices. Thus, creating international responsibility within Myanmar. Key obligations include:
2.1 Refugee Convention 1951:
Myanmar
has never signed the 1951 Refugee Convention or its 1967 Protocol, meaning
there are no legal responsibilities to accept Rohingya people as refugees or
grant them refugee status. However, the convention’s principal rule of
non-refoulement is widely accepted to be a matter of customary international
law. To safeguard the most essential human rights of any migrant or refugee,
Stateless have put in place the principle of non-refoulement.This principle, found in different areas of international law, protects people
from being forcibly removed or extradited from one jurisdiction to another
where there is a considerable chance the individual would face grave abuse of
basic human rights. Non-refoulement is commonly invoked in the context of
refugee law due to its incorporation in Article 33 of The Convention Relating
to the Status of Refugees and also in some other regional instruments on
refugee law. Instead, Myanmar removed citizenship from the Rohingya people and physically or
mentally compelled them to leave the country.
Genocide Convention 1948:
Myanmar ratified the UN Convention on the Prevention and Punishment of the Crime of Genocide on January 23, 1956. This shows that Myanmar is legally bound to ensure both prevention and punishment regarding genocide. And further, in Article 1 Assured Parties accepted that genocide, irrespective of its occurrence during peace or war, incurs an international crime which they are obliged to mitigate and respond. The Myanmar military is still exercising genocide over the Rohingya people, and no substantial solution appears to have been implemented. It clearly shows that Myanmar is violating international law by committing genocidal acts despite being a ratified party of the Genocide Convention.
2.2 International Covenants (Human Rights Treaties):
Although
Myanmar has not yet signed The International Covenant on Civil and Political
Rights together with its optional protocols, it is a party to some key
international human rights treaties. As per The Convention on the Rights of the
Child Article 7 states: “Children must be registered at birth and granted names
which are officially recognized by the state.” Children are also entitled to a
nationality. But Myanmar effectively decline Rohingya children birth and citizenship. The
CEDAW Convention stated that it is strictly prohibited to discriminate and
violate the right of a women. But Rohingya women suffer mass rape and sexual slavery. Also, Myanmar is not a
party to the United Nations Convention Against Torture (CAT), but still, it is
subject to the authoritative ban on torture and ill-treatment as a matter of
customary international law. This convention states that, States are to
criminalize and prosecute offences of torture under domestic law. But, Myanmar army openly violated this convention.
Conclusion:
There
are international laws and regulations that deal with the Rohingya crisis,
however there is always a gap between law and reality. Addressing the plight of
these refugees, Chief Advisor of Bangladesh Muhammad Yunus said the only long-term
solution was for them to go home to Myanmar as they could not be integrated
into Bangladesh. But, the situation is not good enough to protect the Rohingya’s right of life
in Myanmar. Myanmar has numerous treaty obligations such as: the prevention of
genocide, child rights treaties or non-discrimination policies.
Moreover, customary rules such as non-refoulement and abuse against humanity
sustain that the treatment forced upon the Rohingya violated those treaties.
here is far-reaching human rights reporting for indoctrination as well as the
rise of international and domestic judicial cases along with culmulative claims
to “ICJ”. These actions bring about the hope for certain perpetrators.