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Rohingya Refugee crisis in Myanmar?

Rohingya Refugee crisis in Myanmar?

Rohingya are majorly Muslim communities who fled from Myanmar and they follow the Sunni Islam religion. In Myanmar, they were victimized and humiliated on the basis of their ethnicity, and their genocide was recorded in 2015.
Due to which Rohingya left Myanmar and seeking asylum in various countries like Bangladesh, Indonesia, and majorly in India. In the present time, Rohingya are the most persecuted community in the world and they have been titled illegal Bengali immigrants in Myanmar.

The origin of Rohingya:

The Rohingya were brought in 15 centuries by Muslim rulers and at the time of the British ruling, these people were brought in more quantity from Africa whose were further used for slavery purposes. But the British never sent them back to their country and they remained in Myanmar. When Myanmar became independent then Myanmar refused to accept the Rohingya as its citizens.

The Rakhine state of Myanmar is the largest slum area of Rohingya Muslims where the highest poverty rate observed. Over 70% population is below the poverty rate here. Rohingyas Muslims are forced to live here due to following different cultures from the country, also Rakhine state is an outsider area of Myanmar.

Why Mayanmar refused to accept Rohingyas as its citizens:

The people of Mayanmar majorly follow Buddhism and they give most prominence to their religion. And, they used to think that Rohingya are different from them in terms of ethnicity, race, religion, and choices.

According to them, the Rohingya are not very much included in their 135 ethnic groups. So Rohingya never got proper citizenship in Mayanmar nor the government of Myanmar does not consider them their citizens.

Although, In 1960, Myanmar removed a lot of Indian people from Myanmar because of the dissimilarity of their ethnic group and cultures.

According to the 1982 Burmese citizenship law, Rohingya can have citizenship in Mayanmar, if they prove that their ancestor belongs to Myanmar before 1923. But this was a conspiracy law for Rohingya because they don’t have any documentation that they can define their citizenship.

But, in Myanmar, there are several Rohingya communities who have valid citizenship inside the country but But the Government of Myanmar has created many Discrimony Rules for Rohingya who do not give the same rights to them in their country.
In Myanmar, Rohingya had to have permission from its government for marriage, family planning, employment, education, religious choice, and freedom of movement. This is the biggest reason for the Rohingya to leave their country. Myanmar’s government still does not give full citizenship to the Rohingyas, nor does they consider them their citizens.

Why Rohingyas atrocities started in Myanmar:

In 2012, violence broke out between Rohingyas and Buddhists when the rumor had spread that some Rohingya raped a Buddhist woman, then the Buddhist community entered into the Rakhine area and started to killed around 280 Rohingya people and scorched their houses. In Myanmar, Rohingya was already living in a tough situation but after this incident, their life became more difficult to live in Myanmar.

After this, Rohingya started to flee away from Myanmar through smuggling and other ways. Some people flee to India and some went to India and Bangladesh. However, In Bangladesh, they also faced the same situation. Then they moved to India illegally.

In 2017, In Myanmar, one militant group named Arakan Rohingya Salvation Army claimed that they have attacked police and army forces in Myanmar. And, at the same time, the Myanmar government declared Arakan Rohingya Salvation Army is a terrorist organization, and Myanmar security forces attacked Rohingya in huge amounts.

The problem of Rohingya in India:

During the genocide in Myanmar, approx 40,000 Rohingya moved to India, which caused great trouble for India to settle refugees in their country. Many International organizations forced India to settle Rohingya in their country because India had past records to settle refugees in its country, When Tibetian faced genocide during the Tibet-China conflict, then a large number of refugees flee to India.

However, 14,000 Rohingyas have registered with the united nation high commissioner for refugee certification, and the remaining are illegal.

Indian lawyer Kiren Rijiju stated that India is not a signatory member of the 1951 United Nations Refugee Convention, also India does not have proper refugee law. So, international organizations could not force India to shelter refugees.

Also, he stated that Rohingya are dangerous for National security because some Rohingya connections linked with terrorist organizations.

Rohingya appeal in Supreme Court:

When India denied sheltering Rohingya in their country. After then, two Rohingya immigrants, Mohammad Salimullah and Mohammad Shaqui appealed in the Supreme Court of India. And, they stated that they are seeking shelter in India because of being persecuted, humiliated, widespread discrimination in Myanmar.

And if India does not give them asylum then it will be against their constitutional protection of Article 14(right to equality), Article 21( Right to life and Personal Liberty), and Article 51c of the constitution of India.

Because India has rights to Equality for Indians as well as foreigners:

1.  Article 14 – Equal Protection of law.
2. Article 15 – Prohibition of discrimination on the basis of caste, race, and place of birth.
3. Article 16 – Equal employment opportunity.
4. Article 20 – Protection in respect of conviction of offenses.
5. Article 22 – Protection against arrest.
6. Article 24 – Prohibition of labor child.

Supreme Court verdict on Rohingyas:

In 2019, the Supreme court also stated that Rohingyas could be a threat to national security. As a result, 7 Rohingyas have been deported to Myanmar by the supreme court verdict, who was living in Assam.

Also, India does not have any specific law for refugees, under the Central Legislative Assembly of the Foreigners Act of 1946. And, it gives power to India to deport refugees in their country.

International Court of Justice:

When the Human rights organization observed Rohingya’s condition. Then Amnesty International took this case in ICJ of Netherland, Hague, and accused Myanmar of the plight of the Rohingya.
In this hearing, Myanmar diplomat Aung San Suu Kyi was also present, where the court criticized Myanmar for the genocide. But Aung San also appealed that Rohingyas and Buddhist violence was the result of past results.

However, she was widely criticized for the condition of Rohingyas in Myanmar and for being silent on this incident from Human rights organizations worldwide.

ICJ has raised this issue but still, Rohingyas have no identity worldwide. And the worst scenario we saw in Myanmar that Buddhists were the symbol of peace. But due to the genocide of Rohingyas, the world has been a violent face of Buddhists.

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