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11. Q&A: The Gambia v. Myanmar, Rohingya Genocide at The International Court of Justice, May 2020 Factsheet

Author:
Global Centre for the Responsibility to Protect
Publication Date:
05-2020
Content Type:
Policy Brief
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
According to the UN Human Rights Council-mandated Independent International Fact-Finding Mission on Myanmar (FFM), the treatment of the Rohingya population during the “clearance operations” amounts to genocide, crimes against humanity, and war crimes, the commission of which evoke specific obligations and responsibility under international law. In its final report, published in September 2019, the FFM concluded that “the State of Myanmar breached its obligation not to commit genocide” and found that Myanmar “continues to harbor genocidal intent” towards the Rohingya, emphasizing the need for accountability. This fact sheet answers fundamental questions about the ongoing ICJ case, Myanmar’s responsibility for genocide and its impact on the Rohingya population. (Answers to questions about the early stages of the lawsuit are here.)
Topic:
Security, Responsibility to Protect (R2P), International Court of Justice (ICJ), and Rohingya
Political Geography:
Myanmar, Global Focus, and Gambia

12. Burma’s 2020 Elections and Ongoing Atrocity Risks Facing the Rohingya Population

Author:
Simon-Skjodt Center for the Prevention of Genocide
Publication Date:
10-2020
Content Type:
Policy Brief
Institution:
Simon-Skjodt Center for the Prevention of Genocide, United States Holocaust Memorial Museum
Abstract:
Burma’s 2020 national elections, scheduled for November 8th, will take place in a fragile context of ongoing risk of genocide for the country’s minority Rohingya population and continuing mass atrocities—including war crimes and crimes against humanity—against other ethnic populations. While the elections themselves may not be a trigger for mass atrocities in Burma, the responses to the elections from within the country and internationally has the ability to either exacerbate or mitigate future atrocityrelated risks. Parliamentary seats at the national and state level will be voted upon in the November elections. Only 75% of the total seats will be contested, as the country’s constitution reserves 25% of seats for the military.1 At the time of writing, it appears as though most Rohingya within Burma—members of an ethnic and religious minority that has been the victims of genocide—will be denied the right to vote.2 The approximately one million Rohingya who now live as refugees in Bangladesh will likewise be unable to vote in the elections. At least six Rohingya candidates have been prevented from running for office by the Union Election Commission (UEC), despite some of them having been approved candidates in the past and, in one case, having won a parliamentary seat. These candidates were blocked from running because they were unable to confirm the citizenship of their parents at the time of their birth.3 The UEC has applied such policies in a discriminatory fashion against Rohingya politicians,4 raising concerns that key Rohingya politicians will be unable to contest seats in the elections. This is not the first time the government has denied these rights, and the continued disenfranchisement and exclusion of Rohingya heightens their vulnerability to future atrocities. An election in which a people, who have been the victims of genocide, are denied the right to vote on the basis of their identity, is not a free, fair, or inclusive election. Any foreign government’s praise and support of Burma’s elections would be seen as endorsing a discriminatory process and lending support to the policies and behaviors that contributed to the genocide of the Rohingya and to ongoing risk. Instead, leaders around the world should use their available levers to mitigate atrocity risks, press for inclusivity regarding voting and political participation, and encourage other changes within Burma that advance the protection of the Rohingya and other vulnerable groups.
Topic:
Genocide, Elections, Risk, Atrocities, and Rohingya
Political Geography:
Burma and Southeast Asia

13. Rohingyas and the (Il)Legal Quest for an Indian Identity

Author:
Tejal Khana
Publication Date:
12-2020
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
The arrests of Rohingyas who have tried to obtain Indian identity documents, like the Aadhaar card,1 has been on the rise. Across several states of India, and particularly in the city of Hyderabad, Rohingyas have been held by police under allegations that they are in possession of fake Aadhaar cards.2 Apart from the Aadhaar card, there have also been reported cases of the community acquiring other Indian documents such as the PAN Card,3 Voter ID card and even the Indian passport. Just last year, in May 2019, Mohammed Faisal, a young Rohingya, was arrested at Delhi’s Indira Gandhi International airport for posing as an Indian national with a fake passport in an attempt to travel to Indonesia.4 It was later revealed during an investigation that he was able to acquire the Indian passport through his contacts in Hyderabad while his asylum application to the United Nations High Commissioner for Refugees (‘UNHCR’) was still under consideration. Similar cases continue to occur even in times of the COVID-19 public health emergency. For example, in June 2020, in the southern state of Telangana, five Rohingyas, including three women, were arrested for illegal immigration when they procured Aadhaar cards and Indian passports through the provision of false information.5Prima facie, there seems nothing wrong with these arrests; these are acts of forgery, cheating and giving false declaration — all of which violate Indian laws, particularly the Indian Penal Code and the IndianPassports Act.6 However, it is important to note the overall context within which these crimes have been committed. Two entities are prominent in this context. On the one hand are the Rohingyas, one of the world’s most persecuted stateless minorities, who have been arbitrarily denied nationality by Myanmar and are without the citizenship of any country. On the other hand, is India, the world’s largest democracy, which has held a good reputation for being a host to refugees for several years. This commentary does not justify crime in any way. Rather, by examining the case of Rohingyas committing crimes against Indian laws, it seeks to draw attention to responsibility on the part of sovereign states when stateless persons — that is, persons without the citizenship of any country — commit crimes against sovereign laws
Topic:
Rohingya, Identity, Stateless Population, and Migrants
Political Geography:
India and Asia

14. Stateless Rohingyas: From Crosshair to Crossroads

Author:
M. Ihsan Qadir, Saif Ur Rehman, and S. M. A. Gardezi
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Journal of Political Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
The distressing ethno-demographic conflict in Myanmar is a sordid reality of recent human history. The two ethnic groups; Buddhists and Rohingyas (mainly Muslims) living in North Westerly state (Rakhine State) are at daggers drawn with each other since last many decades. History of this intra-state conflict dates back to British colonization of Burma in 1824. The widespread state sponsored persecution of Rohingya community after Myanmar‟s independence in 1948 has created waves of ethnic and political instability one after the other. Few contributory causes of the conflict include; systematic denial of citizenship rights, restrictions on freedom of movement, absence of healthcare facilities and deprivation of education for Rohingya community. The most serious of all is denial of citizen rights which has rendered the community stateless. The prolonged sufferings at the hands of majority population (Buddhists) have forced this stateless community to contemplate carving out a separate autonomous state by seceding from Myanmar. This resulted in creating gulf of distrust between both the parties triggering a major intrastate conflict in South Asia. The conflict lifecycle has witnessed many rounds of violence resulting in huge destruction of life and property. This article examines regional repercussions of recent cycle of violence and suggests few conflict resolution strategies.
Topic:
Demographics, Ethnic Conflict, Secession, and Rohingya
Political Geography:
Southeast Asia and Myanmar

15. A Sustainable Policy for Rohingya Refugees in Bangladesh

Author:
International Crisis Group
Publication Date:
12-2019
Content Type:
Special Report
Institution:
International Crisis Group
Abstract:
Bangladesh is hosting nearly a million Rohingya refugees who have little hope of going home any time soon. The government should move to improve camp living conditions, in particular by lifting the education ban and fighting crime. Donors should support such steps. What’s new? Two years after atrocities in Myanmar’s Rakhine State drove a wave of Rohingya refugees into Bangladesh, prospects for repatriation remain dim. Frustrated Bangladeshi authorities refuse to plan for the long term, have introduced stringent security measures at refugee camps, and may move some refugees to a remote island, Bhasan Char. Why did it happen? The Bangladeshi government is struggling with growing security challenges near the refugee camps and domestic political pressure to resolve the crisis. It is also irritated by the lack of progress in repatriating any of the estimated one million Rohingya refugees on its soil. Why does it matter? Dhaka’s restrictions on aid activities prohibit its partners from building safe housing in the Rohingya camps or developing programs that cultivate refugee self-reliance. Combined with heavy-handed security measures, this approach risks alienating refugees and setting the stage for greater insecurity and conflict in southern Bangladesh. What should be done? While pressing for eventual repatriation, Bangladesh and external partners should move past short-term planning and work together to build safe housing, improve refugees’ educational and livelihood opportunities, and support refugee-hosting communities. Dhaka should also roll back its counterproductive security measures and plans for relocations to Bhasan Char.
Topic:
Security, Minorities, Refugees, Ethnic Cleansing, and Rohingya
Political Geography:
Bangladesh, Asia, and Southeast Asia

16. The Long Road: Historical Context and Ongoing Challenges of the Rohingya Crisis

Author:
Sarah Goldfeder
Publication Date:
10-2018
Content Type:
Working Paper
Institution:
Canadian Global Affairs Institute (CGAI)
Abstract:
On September 20, 2018, the Canadian parliament showed unanimous support for the Rohingya, declaring the actions of the Burmese government a genocide and calling on the UN Security Council to refer the matter to the International Criminal Court. Later that month, the same body unanimously voted to strip Aung San Suu Kyi of her honorary Canadian citizenship for her role in presiding over the genocide and the imprisonment of two Reuters journalists who reported on it. There is no doubt that most of the world now sees what has happened to the Rohingya as something that is both deplorable and criminal. The desire for immediate, decisive action minimizes the complexity of the issues that have created conflict for the people who call the sliver of land on the west coast of Myanmar, home. Their story is deeply rooted in history and sociology. Holding a few leaders to account may assuage some need to be responsive, but it will not solve the underlying issues that have created this toxic division. Perhaps we have failed the Rohingya, but that is only part of the story of the rocky relationship between Myanmar and the rest of the world. We have failed the people of Myanmar not just in our slow action on this crisis, but going back at least as far as the end of the Second World War. As the post-war liberal world order took hold and began to stabilize Europe, our Asian allies were left to forge their own path forward. The end result, at least in Myanmar, has been an isolationism that encouraged the disparagement of groups seen to be a drain on the prosperity of those affiliated with the ruling party. Efforts to establish international oversight on what the Burmese see as an internal issue – or at most, a bilateral issue with Bangladesh, may only serve to exacerbate the problem. The International Criminal Court has yet to demonstrate its ability to compel changes in governmental behavior. The threat of increased obstacles to oversight and support of the process to resettle or reintegrate the Rohingya grows with the use of multilateral sticks via bodies such as the UN and the ICC. Much of the reporting and investigative efforts by international bodies indicates a closing of ranks between the democratically elected government and the military in Myanmar. The future of the Rohingya and indeed, of their Buddhist neighbours, the Rakhine, is far from clear. Obstacles continue to multiply, with every report outlining a new challenge to be considered as the world looks to build the region a happy ending. The history of Myanmar tells a complex story which only hints at the future. Any hope for the Rohingya relies on countries like Canada not just watching the repatriation and reintegration efforts, but closely mentoring the government of Myanmar as it establishes policies that can establish the protection of human rights in the future.
Topic:
Genocide, History, Ethnic Cleansing, Rohingya, and Aung San Suu Kyi
Political Geography:
Southeast Asia and Myanmar

17. Impact of Forcibly Displaced Myanmar Nationals (FDMN) Influx on Host Community

Author:
Tanvir Shatil and Md Shakil Ahmed
Publication Date:
11-2017
Content Type:
Working Paper
Institution:
BRAC Institute of Governance and Development (BIGD), Brac University
Abstract:
The Rohingya refugee crisis is not a new phenomenon in Bangladesh, it has been a contentious issue that has strained Myanmar-Bangladesh relations since the late 1970s. In recent times, after 25 August 2017, the crisis became a big concern, the huge influx of Forcibly Displaced Myanmar Nationals (FDMN) have fled violence and human rights violations. The latest influx has increased the number of Rohingya population living in the camps of Cox’s Bazar from one million to three million. This incident has made the situation the fastest growing ‘refugee’ crisis in the world with the highest concentration. Moreover, poverty prone local host areas have been largely affected by the Rohingya crisis. This study intended to recognise the impact of the crisis on the daily life of local host community people. In this study FDMN-makeshift, adjacent host community was in focus for realizing the severity of the impact. Apart from the host community perception, the present situation of the FDMN community was also taken into consideration due to capturing a holistic notion of the impact that was created by the new arrivals. A qualitative driven mixed-methods approach was adopted to investigate the situation. The study showed that the influx created multi-dimensional impacts on the socioeconomic, socio-cultural and political aspect of daily life of the host community. There were huge negative impacts of the influx on the local environment and agricultural operations. The insight of the findings give us a vivid understanding about the context of the humanitarian crisis (FDMN influx) and its impact on the host community. The findings of the study not only help to realise the severity of the FDMN crisis but also urge to take some programmatic initiatives targeting both host and FDMN communities.
Topic:
Poverty, Refugee Crisis, Displacement, and Rohingya
Political Geography:
Bangladesh, Southeast Asia, and Myanmar

18. Need Assessment of the Forcibly Displaced Myanmar Nationals

Author:
Tanvir Shatil, Polin Kumar Saha, and Atiya Rahman
Publication Date:
08-2017
Content Type:
Working Paper
Institution:
BRAC Institute of Governance and Development (BIGD), Brac University
Abstract:
There has been a continued influx of the ‘Forcibly Displaced Myanmar Nationals’ (FDMN) across the border of Bangladesh and Myanmar since 25 August 2017. As a consequence, the large numbers of people (FDMN) have unexpectedly taken shelter in Bangladesh. Along with 307,500 Rohingya refugees now total 822, 500 FDMNs are living in various makeshift, unregistered and registered settlements of Cox’s Bazar in Bangladesh. So, it is realized that Bangladesh has been facing a severe challenge in providing food, shelter and protection assistance to these shelters. Till date, FDMN influx is underway and the new arrivals have little or no access to food, shelter, safe drinking water and healthcare. In response to the crisis, this study has been designed in aiming to reach standard humanitarian services to the FDMN people. Broadly, the assessment of the study is to understand the priority needs of the new arrivals and make a recommendation to mobilize resources and interventions. To observe and conduct the interviews of the targeted people, an assessment team has visited six makeshift camps of Cox’s Bazar district including, Unchiprang, Hakimpara, Kutupalong, Kutupalong extension, Balikhali 1, and Thankhali. Altogether, age and gender disaggregated 18 FGDs are conducted in seven days with more than 250 participants. In addition to FGD, the team conducts individual interviews with FDMN peoples and host communities. As an outcome of the study, the ongoing or prospective humanitarian responses have been resulted upon on the existing scenarios of fundamental needs (e.g. shelter, health, water, sanitation and hygiene (WASH), food, Non-Food Item (NFI), and child protection) to the FDMN, including possible solution in relief distribution and strategic directions to overcome the challenges.
Topic:
Humanitarian Aid, Refugees, Displacement, and Rohingya
Political Geography:
Southeast Asia and Myanmar

19. Protection for Whom? Violations of International Law in Myanmar's New 'Race and Religion Protection' Laws

Author:
Chloé White
Publication Date:
01-2015
Content Type:
Special Report
Institution:
Georgetown Institute for Women, Peace and Security (GIWPS)
Abstract:
In recent years, Myanmar has undergone a significant political transformation. In 2011, after nearly sixty years of iron-fisted rule, the governing military junta transferred power to a quasicivilian government.1 The new government has undertaken various political and economic reforms2 and has become a signatory to and ratified several international treaties.3 In response, the United States, the European Union and others have opened up relations with the country and eased sanctions.4 Despite these advances, however, Myanmar has several obstacles to overcome before it can be considered a pluralistic, functioning democracy. The analysis here focuses on two issues of concern: discrimination against minority ethnic and religious groups, particularly Muslims, and discrimination against women, and how the two have intertwined in dangerous new state policy. Myanmar president Thein Sein recently signed into law a set of four bills that exemplify the challenges facing the country. 5 These new laws are allegedly aimed at ‘preserving race and religion,’ but have a clear goal of discriminating against Muslims and other non-Buddhist groups by, in part, reinforcing traditional gender stereotypes. 6 The group of bills, first proposed in 2013 by the anti-Muslim Association for the Protection of Race and Religion (known as Ma Ba Tha) and supported by a petition supposedly signed by 1.3 million people,7 consists of legislation to outlaw polygamy and adultery, regulate religious conversions, restrict the marriage of Buddhist women to non-Buddhist men, and institute population control measures.8 While some of the provisions of these bills may seem innocuous, the timing of their passage, shortly before the November 2015 elections,9 and the surrounding rhetoric by ultra-nationalists belie any ostensibly benign motives. These initiatives could, both as passed and in practice, further exacerbate religious, ethnic and gender strife, violate both the Burmese constitution as well as international norms and obligations, and pose a particular threat to women’s health and empowerment.
Topic:
International Law, Politics, Women, Discrimination, and Rohingya
Political Geography:
Southeast Asia and Myanmar