Who are the Rohingya?
For years, Myanmar’s authorities fuelled a discriminatory system in Rakhine State, separating Rohingya Muslims from Rakhine Buddhists, reinforcing tensions between them (BBC News). These tensions resulted in tit-for-tat violence between the two groups, but since June 2012 the tensions have escalated into targeted attacks on Muslims (Fortify Rights).
As of late August 2017, more than 671,000 Rohingya have fled the Rakhine State to escape the military’s large scale campaign of ethnic cleansing (BBC News). They have fled to neighbouring countries such as Bangladesh, Malaysia, India and Thailand where they remain stateless and risk exploitation.
Denial of Citizenship
One of the most pressing issues remains the legal status of the Rohingya in Myanmar and the obstacles they face as a result of its implications.
The 1982 Citizenship Law is used to deny citizenship to an estimated 800,000 to 1.3 million Rohingya (Al Jazeera). This is because this law does not recognise the ethnic minority as one of the 135 national races eligible for full citizenship. Citizens are persons who belong to one of the national races or whose ancestors settled in the country before 1823 (the beginning of the British occupation of Arakan State) (Human Rights Watch).
Despite being able to trace Rohingya history to the 8th century, they are effectively denied citizenship and considered ‘resident foreigners’ by Burmese authorities. This means they are treated as second class citizens who are subject to daily abuses. Discriminatory restrictions on movement, education, and healthcare have led to dire humanitarian conditions for those displaced by the waves of violence in Myanmar.
Freedom of Movement
One of the many hurdles the Rohingya face as a persecuted minority in Myanmar is the intense regulation on their freedom of movement. The Burmese government restricts Rohingya from travelling to Arakan, other parts of the country, and abroad. Valid permits are required to cross state boundaries and are to be submitted to authorities upon departure and arrival at the destination (Al Jazeera). The necessity of documentation has routinely exposed the Rohingya to exploitation by corrupt officials who force them to pay bribes to obtain certain travel documents.
This is just one example of the discriminatory restrictions the Rohingya face as an entire ethnic group. The government’s failure to identify them as an indigenous group- and instead as illegal immigrants from Bangladesh- has given room for systematic persecution and violence.
‘Genocide Card’
As part of the repatriation process, returnees have been required to sign up for a digitised National Verification Card (NVC). Myanmar officials have said that the cards are an initial step towards citizenship, but human rights organisations such as Fortify Rights argue otherwise.
A document shows the Rohingya demands for repatriation [Mahmud Hossain Opu/Al Jazeera]
A report published by Fortify Rights explains the NVC scheme as a systematic campaign by Myanmar authorities to erase the identity of the Rohingya and strip them of their rights.
On the surface, the implementation of these cards seem like a step towards full citizenship by normalising the status of the Rohingya. After all, having at least one form of documentation confirming their identities is better than no documentation at all, right?
“NVC is not for us. We are not foreigners, we are indigenous and the NVC is a genocide card’
- Khin Maung, a Rohingya refugee in Bangladesh and Co-Founder of the Rohingya Youth Association
The problem lies in assuming that the Myanmar authorities are offering this scheme in good faith. There is overwhelming evidence of the ongoing persecution of the few Rohingya who remain in Myanmar, even as you are reading this. The Australian Strategic Policy Institute’s International Cyber Policy Centre collected satellite imagery to assess the current status of settlements which were burned, damaged, or destroyed in 2017. It was found that more than 320 settlements show no sign of reconstruction and 6 military facilities have been built/expanded on former Rohingya settlements. Their research does not support assertions that conditions are in place to support a safe return of the Rohingya to Rakhine State.
Tracking the Rohingya through the NVCs would worsen what is already a catastrophic humanitarian crisis. Without rights of citizenship, it is not unreasonable to assume that these ID cards could backfire on one of the ‘most discriminated’ ethnic groups in the world.
Government or the military?
In 2016, Myanmar’s first democratically elected government came to power but it has done nothing to help Rohingya and other Muslims who are facing violence from the Rakhine State. Myanmar’s de facto leader Aung San Suu Kyi, once known as “Asia’s Mandela”, has repeatedly denied that ethnic cleansing is taking place and has dismissed international criticism of the crisis (BBC News).
Journalist Francis Wade argues that Myanmar’s military which has executed the crackdown on Rakhine state is largely to blame. The military still remains a powerful institution despite the country’s recent transition to a civilian-led government explains Wade.
What needs to be done?
The Myanmar government should request assistance from the UN to change the citizenship law to meet international standards. The Rohingya and their advocates should accept nothing less than their full citizenship and equal protection under the law.
Fortify Rights recommends international humanitarian agencies in Northern Rakhine to establish a ‘coordinated, rights-respecting response’ to the NVC process to protect the rights of the Rohingya and enable them to opt out of it if they choose, without fear of reprisals.
To prevent further war crimes, the military and civilian-led government have the responsibility to allow aid organisations and investigators unhindered access to affected areas to promote accountability and prevent any further atrocities.
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