A riposte to Myanmar’s Office of the State
Counsellor
At the UN General Assembly this year, the
representative of Myanmar accused Bangladesh of grandstanding. Kyaw Tint Swe,
union minister for Myanmar’s Office of the State Counsellor, boldly proclaimed
that pressuring Myanmar to change its laws and policies for minorities will be
a “futile exercise.”
His speech suggests that Myanmar wants to
move at its own pace on democratization. State Counsellor Daw Aung San Suu Kyi
currently shares power with the military, which continues to hold key posts in
the country’s cabinet, including the ministries of home, border affairs, and
defense.
Where does this leave the million refugees in
Bangladesh? A lackluster process of reform at the expense of a million
stateless people cannot be an acceptable approach. Myanmar should not keep the
resolution of disputes between its government and ethnic minorities pending for
an indefinite period.
Colonialism is not an excuse
The minister harked back to the days of the
British Empire and sought to portray immigration from British India as a forced
transfer of population from Bengal to Myanmar. The reality is that immigrants
from Bengal, and elsewhere in the Indian sub-continent, had settled in Myanmar
by taking advantage of colonial-era trade networks. Settlers from British India
sought prosperity in Myanmar. Their descendants should not have to suffer
xenophobia for the migration of their ancestors.
It was recently reported that a book by
former British premier David Cameron quotes Aung San Suu Kyi as saying “they
are Bangladeshis,” referring to the Rohingya. This allegation is contradicted
by Myanmar’s own assertion that the Rohingya crisis can be traced to the
colonial period when Bangladesh did not exist.
Myanmar rejects draft resolution jointly
tabled by EU and OIC: https://t.co/ZjGdhvRl2c
At the UNGA the minister from Myanmar
glaringly side-stepped the fact that Arakan had a pre-colonial relationship
with Bengal. The presence of Muslims and Hindus from the sub-continent in
pre-colonial Arakan is well-documented. Take the example of Bengali poet Alaol,
who lived in Arakan during the 17th century. After Myanmar’s independence from
British rule, the Indo-Arakanese enjoyed representation in the Myanmar
parliament.
In 1982, Myanmar’s military junta violated
international law by stripping the Rohingya, en masse, of their right to
citizenship. Article 15 of the Universal Declaration of Human Rights states
that “everyone has the right to a nationality” and that no one shall be
arbitrarily deprived of citizenship.
Repatriation process
The government of Bangladesh needs a broader
strategy to bring about a peaceful repatriation of Rohingya refugees. The
current repatriation agreement has been the subject of much criticism. A new
agreement with Myanmar should be considered under the auspices of the
International Court of Justice. It is imperative that any bilateral agreement
with Myanmar on the Rohingya crisis should have recourse to an international
court or arbitration mechanism given the complexity of the situation.
In addition to citizenship cards, Myanmar is
touting verification cards to provide the refugees with permanent residency.
Why should those stripped of citizenship and forced to flee their country be
made to apply only for permanent residency? What are the guarantees that Myanmar
will ensure that its verification process is at par with international
norms?
Bangladesh has prioritized the registration
of refugees. Myanmar must create the conditions for registered refugees to
return without fear of their right of abode in their native country. Any
verification process should be under credible international supervision.
At the UNGA, the minister emphasized respect
of Myanmar’s territorial integrity. It is worth noting that the prime minister
of Bangladesh herself has emphasized respect for Myanmar’s territorial
integrity.
Then why should Myanmar continue to stall
efforts for a sustainable refugee repatriation?
Bangladesh should also advise Myanmar to
reform its constitution and ensure the principle of the separation of powers.
Bangladesh surely has its own democratic deficits. But the Bangladeshi
constitution provides for the separation of powers and the supremacy of
civilian leadership.
The repatriation process should be brought
under international adjudication. The Statute of the International Court of
Justice provides the procedure for countries to submit a dispute to the court
through either a special agreement, a jurisdictional clause in a treaty, or
reciprocal declarations which should be deposited with the UN secretary
general.
The government of Bangladesh should leverage
its diplomatic skills and reach an agreement with Myanmar for international
supervision and adjudication.
Time is of the essence. The repatriation
process should be completed within five years. Otherwise, both Bangladesh and
Myanmar may have to face more challenges over the refugee crisis.
DT: Umran Chowdhury
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Don’t forget to read more below:
UNHRC vote on Rohingya issue: https://t.co/my4yW6fB56