In order to understand how the ‘Rohingya crisis’ has come to
pass we need to consider the narrative built by three groupings of
international actors – the Burmese government, host countries for
Rohingya who have fled and the international community at large.
‘Rohingya crisis’ is a much bandied phrase these days. Since June
this year, arbitrary arrests, disappearances, burnings, beatings, rapes,
killings and other forms of persecution against this most marginalised
group have led to human rights and humanitarian crises which have
tainted the landscape of Rakhine State in Western Burma and given
substance to the term. In order to understand how these developments
have come to pass, we need to consider the narrative built around the
crisis by three groupings of international actors – the Burmese
government, host countries for Rohingya who have fled and the
international community at large. Amidst the jockeying for position in
the discourse – and opportunities to define it – the human impact of the
crisis appears to have been relegated to the background. As a result,
it seems that we are no closer to a solution that is just and equitable
and that respects the human rights of the Rohingya.
In the context of the Rohingya crisis, the international community at large comprises two main interest groups – the
Organisation of Islamic Cooperation (OIC)
and what can loosely be termed as the western block (the EU, US and
Australia etc.). These countries have varying degrees of interest in the
Rohingya issue specifically and conflicting economic and geo-political
interests in Burma more widely. According to their narratives, the
Rohingya are clear victims both within Burma and (to a lesser extent) in
the countries to which they flee. A sub-text to the western block
version of this narrative is that the Burmese democratic transition
process is also suffering because of this and other ‘communal conflicts’
in Burma.
According to the narrative of Bangladesh, Malaysia, Thailand and
other countries which host large numbers of Rohingya refugees, the
‘crisis’ endures because of the lack of straightforward solutions to the
problem. Burma is responsible, but the Rohingya are both victim (inside
Burma) and burden (in their own countries). It must be noted that
Bangladesh and Malaysia are also member states of the OIC.
Burma views the crisis as one caused by the existence of these unwanted people and their encroachment into its territory.
The Burmese Narrative – The Illegal, Unwanted Migrant Bengali
Let’s begin with the most repellent narrative – the Rohingya are
illegal immigrants; land stealing encroachers; criminals who procreate
like rabbits; dark skinned and ugly. In this view they certainly do not
belong in Burma. In fact, this narrative posits that the term ‘Rohingya’
is a fiction – they are all ‘Bengali’. This
racist,
totally unfounded and hate-inciting position is that of the Burmese
regime. It is a narrative that is shared by many Burmese, including
leaders of the democratic movement and those who have never seen a
Rohingya in their lives. Dating back decades, it has been used to
justify acute discrimination, exclusion, abuse and violence against the
Rohingya. The power of this narrative is such that in 1982 it was the
basis upon which the Rohingya were stripped of their
nationality. They were thus rendered stateless, which means that they are
not considered as nationals by any State under the operation of its law.
The main arena within which this narrative has played out is within
Burma and amongst diaspora groups. However, the regime has not shied
away from making
formal statements
along these lines internationally: at gatherings of the Association of
Southeast Asian Nations (ASEAN), amongst diplomats and to the UN High
Commissioner for Refugees. No doubt, words spoken internationally have
domestic audiences in mind, but they probably also stem from an
understanding that the ‘new’ Burma cannot continue to operate with the
impunity and isolation of the old; that it needs to engage with and
attempt to win over non-Burmese actors, or in the very least, make a
strong case as to why it will not succumb to international pressure.
Contested histories are an extremely potent tool for those who engage
in the business of lies – they shift focus from the present to the past
and divert attention from the core issues. The Burmese regime has
expertly negotiated the situation, playing Rakhine (the Buddhist
majority population of Rakhine State) against Rohingya, drawing on
absurd historical accounts and creating a Rohingya ‘fiction’ which they
have used to justify their unjustifiable laws, policies and actions.
Over time these laws, policies and actions have imposed a new reality on
Rakhine state in which
exclusion, discrimination and arbitrariness
have become the norm; marriage without bribery-induced permission is a
crime; forced migration is the most common type of movement and return
to Burma is illegal. The untrue narrative of ‘illegal migrant’ has taken
on a truth of its own as those who commit the crime of fleeing
persecution cannot legally return. In 1978, about 200,000 Rohingya who
fled the country and were forcibly returned thus substantiated the
‘illegal immigrant’ narrative. Similar numbers ‘illegally migrated’ out
of and back into Burma in the 1990s.
Rohingya names are also being struck off ‘family lists’ – often the
only type of documentation for Rohingya and consequently the only proof
that they were born in Burma. After the violence erupted in
June 2012,
security personnel have reportedly been visiting Rohingya homes and
striking off the family list the names of persons not present at the
time. They may have gone to the shops, been in hiding or been
‘disappeared’ by those very security forces or fled to Bangladesh.
Whatever the reason, their absence from home renders them ‘illegal’.
Over time, and perhaps because of international pressure, this
narrative has become more nuanced. The Burmese President has in some
forums admitted that illegal migration is minimal and that the real
problem is the Rohingya population explosion. This shift in discourse
adds another layer of complexity and confusion to the narrative,
particularly because it hasn’t replaced the ‘illegal immigrant’
argument, but rather formed a parallel track. Both versions (they are
illegal immigrants and they multiply too aggressively) stem from the
xenophobic position that the Rohingya are foreign invaders taking over
Burmese lands.
The narrative does not end there. It goes on to absolve the regime of
any responsibility. The fact that the Rohingya are ‘illegal immigrants’
is meant to explain why they are hated by the rest of Burma, and
particularly by the Rakhine whose lands they have encroached on. This,
it is posited, has driven the local ‘legal’ population to violence – and
understandably so. Accordingly, the Burmese regime does not endorse the
violence but, in the face of such strong sentiment, it has been
powerless to prevent it from happening.
The contradictions are plentiful: Burma blocks humanitarian aid being
received by those most in need; Burmese security personnel have played
an
active role in the violence
and other crimes committed; and any contention that this all-powerful
regime that yesterday ruled with an iron fist is today unable to control
civilians acting on their own accord is simply laughable.
The Host Country Narrative – The Burdensome, Economic Migrant Rohingya
Bangladesh is the primary proponent of the host country narrative
which Malaysia, Thailand and other countries also buy into. It holds
that the Rohingya are both victim and opportunist and always a burden
and a security threat. This narrative recognises that the Rohingya face
discrimination – even persecution inside Burma, but also labels those
who have fled persecution as opportunistic economic migrants who impose
undue pressures on job markets and social structures. This is a
narrative of convenience which empathises with the suffering of the
Rohingya as long as they remain inside Burma but vilifies those very
same Rohingya who seek refuge on their shores. Its contradictions have
led to confused and conflicting attitudes and policies. In Bangladesh, a
small number (less than 30,000) of Rohingya are recognised as refugees,
a much larger group (over 300,000) who share the same characteristics
are viewed as economic migrants. Both groups are seen as burdens to
already stretched state resources and as threats to national security.
In
Malaysia, the UNHCR is allowed to register the Rohingya but not to protect them as refugees.
This dichotomous portrayal of the Rohingya as both victim and problem
creates a situation where they are refused the protection that common
sense and international law say they deserve. It also leads to
situations that justify the deliberate violation of human rights through
aggressive, life-threatening acts. Bangladesh
pushed back to sea boatloads of Rohingya refugees in the aftermath of the June violence, their justification being that they could not bear the
Rohingya burden
alone any longer. Their refusal to accept multi-million dollar
infrastructure support for Rohingya, their refusal to accept third
country offers to resettle small numbers of Rohingya and their
withdrawing of permission to
three key humanitarian agencies
to continue supporting the Rohingya indicate that Bangladesh is the
primary reason that Bangladesh bears this burden alone. Another
contradiction. Another case of reality being manipulated to fit
self-serving narratives. Bangladesh is not the only culprit.
Thailand too pushed back hundreds of Rohingya to sea in 2009/2010, due to the ‘security threat’ they supposedly posed.
The countries that espouse this narrative acknowledge that there is a
problem but are engaged in a stalemate with regard to solutions. Each
is unwilling to act first, for fear of attracting still more Rohingya.
They call for a ‘holistic’ or ‘regional’ solution – different ways of
saying that Burma must right its wrongs and
accept all Rohingya back – even those who have lived their entire lives in these third countries.
The International Community Narrative – The Victim Rohingya
Other countries, particularly those that do not have to deal with
large numbers of Rohingya arriving unannounced on their shores,
acknowledge that the Rohingya are victimised by Burma and also that
receiving countries fall short of their protection obligations. This
narrative seemingly says the right things, but is not loud, forceful or timely.
Why is this so? One reason may be awareness – particularly on the
part of western countries – that they would be seen or portrayed as
meddling in the affairs of the global south. A second reason may be
reluctance to step in and share responsibility. Shouting ‘victim’ too
loudly would obligate actions under international human rights law and
the doctrine of
responsibility to protect.
Perhaps, this sort of burden sharing which goes beyond tokenistic
gestures is not high on the foreign policy agendas of the powers that
be. Much stronger forces are also at play: geo-political and economic
strategies vis-a-vis China which have dominated the Burmese economic
landscape since the sanctions-era. Burma, with all its stuttering
promise of
democratisation,
is opening up to the rest of the world – a world suffering the impact
of economic crisis upon crisis, desperate for new resources, markets and
spheres of influence. And so the contradictory and dishonest Burmese
narrative is pandered to, sanctions are lifted and international
obligations to step in to protect the most vulnerable are forgotten.
Thus, the victim Rohingya makes her way into reports and statements and is the subject of conferences and
resolutions.
But food isn’t put onto her table, she is not protected from rape and
she continues to be persecuted by Burma, shunned by Bangladesh and
exploited by Malaysia.
The victim narrative has been reduced to words that bear little meaning because they have not been backed up with deeds.
The Human Rights Position – The Stateless, Refugee, Discriminated Rohingya
The above analysis demonstrates that ultimately the Rohingya are in
the same place they were at the beginning of the story. They continue to
be persecuted and excluded, to be misrepresented and unwelcome and to
lack any form of control over their own destinies. Perhaps there has
been one change in that, with increasing international interest, the
Rohingya have found new influential ‘friends’. However, this has not yet
translated into a difference actually being made, predominantly because
these ‘friends’ are not primarily influenced by what is morally right
or legally obligatory, but rather by what makes economic and
geo-political sense.
But this cannot and must not be so. Not in the 21st century. Not in a
world of human rights, where it is the duty of the international
community to
protect
the most vulnerable. ‘Statelessness’ is the ultimate test of the
effectiveness of international human rights law. The stateless are the
only truly direct subjects of the law, for they do not additionally
benefit from national protection. And the Rohingya are the most
vulnerable of all the world’s stateless persons.
Human rights principles challenge us to act not out of self-interest,
but out of a legal obligation to protect the most vulnerable.
Importantly, this obligation arises not from a sense of charity, but
from an understanding that by protecting the most vulnerable and
creating the space for them to partake in society as equals we
strengthen democracy, stabilise the economy and increase security.
Amal de Chickera would like to give special thanks to Natalie
Brinham for her extensive feedback and input in the creation of this
article.