espite the International Court of Justice's (ICJ) efforts to protect the Rohingya, the humanitarian crisis faced by this predominantly Muslim ethnic group from Myanmar's Rakhine region remains dire. For decades, the Rohingya have endured violence, displacement, and human rights abuses. The situation in Rakhine State continues to escalate, with the Rohingya caught in an ongoing civil war. They are coerced into conscription by Myanmar's military junta and face abuse from the ethnic rebel Arakan Army. Meanwhile, neighbouring states offer limited rights to asylum seekers, exacerbating the plight of the Rohingya, who have been denied citizenship rights since 1982.
The ICJ's recent verdict rejecting Myanmar's objections is a step towards accountability, but critics emphasise the importance of upholding the principle of non-refoulement. Upholding the principle of non-refoulement is crucial in ensuring that Rohingya refugees are not forcibly returned to a country where they face persecution. The international community must continue to pressure Myanmar to address the root causes of the crisis and provide a pathway to citizenship for the Rohingya. It is essential that human rights organisations and governments work together to support the Rohingya and hold Myanmar accountable for its actions. Only through cooperation and advocacy can we hope to bring an end to the suffering of the Rohingya people.
In recent years, various pathways for the repatriation of Rohingya refugees have been proposed and discussed by policymakers and international stakeholders. These pathways aim to address the crisis and facilitate the return of the stateless minority to their homeland. Notably, the International Court of Justice's verdict in July 2022 has underscored the need for accountability in resolving the Rohingya crisis. Despite challenges, efforts continue to find a sustainable solution. One approach involves bilateral negotiations between Bangladesh and Myanmar, although concrete progress remains elusive. Other avenues are also being explored, emphasising the importance of nonrefoulement principles. These principles, which prohibit the forcible return of refugees to a country where they face persecution, are crucial in ensuring the safety and security of the Rohingya people. In addition to diplomatic efforts, humanitarian organisations play a vital role in providing assistance and support to the displaced population. Ultimately, a comprehensive and coordinated approach involving multiple stakeholders is needed to address the complex issues underlying the Rohingya crisis and pave the way for a lasting solution.
An apparent solution for Bangladesh would involve engaging in bilateral discussions with Myanmar, a strategy it has pursued since the crisis began. In 2017, both countries signed a memorandum of arrangement outlining the initiation of displaced persons' repatriation in a 'time-bound manner.' However, this approach faces significant challenges: the lack of a legally binding agreement, an unclear timeline, and a vague repatriation process. Unfortunately, Myanmar's flexibility has allowed them to delay progress. As a result, the repatriation process has stalled, leaving over 1 million Rohingya refugees stranded in overcrowded camps in Bangladesh. Despite international pressure, Myanmar's reluctance to address the root causes of the crisis hinders any meaningful progress towards a lasting solution for the Rohingya people.
In the context of bilateral meetings, an important issue appears to have been overlooked: the potential genocide and crimes against humanity in Myanmar. Despite compelling evidence of mass atrocities, Bangladesh's diplomatic gestures—such as donating ambulances to Myanmar—have conveyed a more conciliatory approach. Unfortunately, this restrained stance, despite its moral foundation, has hindered progress in repatriation efforts. In order to truly address the Rohingya crisis, Myanmar must be held accountable for their actions and face consequences for their systematic violence against the Rohingya population. By turning a blind eye to the atrocities committed, the international community is failing to uphold its commitment to human rights and justice. Only by holding Myanmar accountable and addressing the root causes of the crisis can meaningful progress be made towards a lasting solution for the Rohingya people. Bangladesh's diplomatic gestures, while well-intentioned, must be supported by a stronger stance that demands justice and accountability from Myanmar.
The UN High Commissioner for Refugees (UNHCR) has played a crucial role. The 2017 agreement included provisions for the UNHCR and other UN agencies to support the return and resettlement of the Rohingya. Regrettably, substantial progress remains elusive, and the focus of these agencies has shifted more towards Bangladesh than Myanmar. The United Nations has called upon Bangladesh to provide education for Rohingya refugees, but the challenge lies in determining the language of instruction. Striking a balance between facilitating communication in the host community's language and equipping refugees with skills relevant to their future in Myanmar is crucial. A two-pronged approach that aims for universal literacy and includes English language instruction could prove beneficial for both the Rohingya population and the local community.
In 2019, Bangladesh, Myanmar, and China established a joint working mechanism to address the Rohingya crisis. Numerous meetings have taken place, with the most recent one held in Kunming in April 2023. During these discussions, a pilot project for repatriation was explored. China's interest in resolving the crisis stems from its substantial investments in both countries and a desire to counterbalance Western influences in Myanmar.
Since 2017, when violence erupted in Myanmar’s Rakhine State, thousands of Rohingya refugees have fled to Bangladesh. China, with its investments in both Myanmar and Bangladesh, has a stake in stability. However, repatriation efforts have faced challenges due to mixed reactions from Rohingya representatives and the absence of UNHCR involvement. Despite this, the International Court of Justice’s recognition of the Rohingya identity represents a significant legal victory. China’s mediation role remains crucial as it balances its global influence and regional interests.
In December 2019, the International Court of Justice held hearings on the Rohingya genocide, with Gambia serving as the plaintiff against Myanmar. By January 2020, the court had granted provisional measures requested by Gambia. The unanimous ruling caught Myanmar off guard. Crucially, the court referred to the group as 'Rohingyas,' countering Myanmar's persistent denial of their identity. This recognition directly challenges Myanmar's longstanding policy of excluding and dehumanising the Rohingya people, as outlined in its 2008 constitution, which ties representation to race.
Myanmar's characterisation of the Rohingya as 'Bengalis' or 'illegal migrants' has become increasingly untenable due to heightened international scrutiny and legal pressure. Both the International Criminal Court and the United States have officially recognised the genocide, further intensifying the pressure on Myanmar. Sanctions serve as a critical tool for enforcing accountability. While the West has already imposed limited sanctions on Myanmar's military, broader economic sanctions are now imperative. Thoughtfully applied, these sanctions can compel Myanmar to address its human rights abuses and the ongoing Rohingya crisis. Additionally, companies investing in Myanmar should be held responsible for any complicity in these crimes. By exerting economic pressure, we can potentially encourage Myanmar to revise its policies.
An alternative strategy worth exploring involves decoupling specific activities. For instance, Japan recently co-sponsored a UN resolution supporting the Rohingya, signaling a shift in its strategic priorities. By acknowledging the Rohingya identity and engaging their delegations, pressure could be exerted on Myanmar to address the crisis. Additionally, economic incentives might play a crucial role. A proposed'mini-Marshall Plan’ for the Arakan region could offer the Myanmar military a legitimate and profitable alternative to the drug trade. Such an approach could foster stability and encourage the repatriation of Rohingya refugees.
The ongoing threat of military action remains a pressing issue. The 2017 attacks carried out by the Arakan Rohingya Salvation Army, followed by a military crackdown, underscore the precarious situation. Young Rohingya individuals, especially those residing in refugee camps, face the risk of radicalization if the crisis persists.
The situation can be likened to an octopus, with each tentacle representing a distinct approach to resolving the Rohingya crisis. While some of these approaches appear promising, it remains premature to determine which will yield the most lasting impact. Given the complexity and sensitivity of the issue, a patient and multifaceted strategy is essential.
Abdus Salam |
