(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
— Article -15 of the Universal Declaration of Human Rights, 1948
Introduction
The prolonged stay of more than a million Rohingya refugees including children, adolescent, young men and women and octogenarians in make-shift camps in Bangladesh is no doubt a major catastrophe of world dimension, posing continuous social, economic, health, education, cultural and other allied problems. It is a reality that Bangladesh economy simply cannot afford to deal with the prospect of a million Rohingya refugees on its soil and the very prolonged presence of these refugees is no doubt a potential threat to our socio-economic stability. And if unresolved for long, the Rohingya catastrophe, as the international media predicts, might as well become a new hotbed for terrorism and threat to regional peace and stability. The other important dimension is to decipher the root cause behind the Myanmarese genocide, which is the genesis of the Rohingya catastrophe. The last but not the least is to look into the role of the government of Bangladesh and finally to share the views of BNP towards a practical solution to the problem.
Rohingyas facing full-scale genocide
The Rohingya genocide is now universally recognized as the worst human tragedies in recent history. The UN and the international community are laying special emphasis on the catastrophe with more than a million Rohingyas now being housed in Bangladesh and the tragedy still unfolding unabated. More than a million Rohingya have been forcibly displaced in recurring cycles. The latest exodus since 25th August 2017 encompasses some 7, 50, 000 refugees. This is in the wake of unprecedented killing, gang-rape, arson and looting and a premeditated and sustained persecution of the Rohingya population tantamount to ethnic cleansing and genocide. The Myanmar government and the army waged a concerted campaign to evict and wipe out the Rohingyas by any and all means available including genocide. The fundamental thrust following passage of the 1982 Citizenship Act was to deprive the Rohingyas illegally of their citizenship and to deny them ethnicity, identity and residency. This deliberately ignored the well-documented historic reality that the Rohingyas have been residing in the Rakhine State since the 8th Century.
The entire world community termed the mass killing and Myanmar atrocities as ‘genocide.’ The UN and its allied bodies like the UNHCR, the ICC, and many heads of governments, like French President Emmanuel Macron, the Malaysian Prime Minister Dr. Mahathir Mohammad the Turkish First Lady are to name amongst many others. The UN Secretary-General Antonio Guterres agreed to UN High Commissioner for Human Rights Zeid Ra'ad Al Hussein and called the action of the Myanmar military against the Rohingyas as "textbook case of ethnic cleansing." Azim Ibrahim, a professor in the Strategic Affairs Institute at the US Army War College and author of "The Rohingyas: Inside Myanmar's Hidden Genocide" has described the action against the Rohingyas as a "full-scale genocide". The international human rights organizations like Human Rights Watch and Amnesty International have also termed it genocide. The US house of representative in a resolution (H.Res.1091) termed the Myanmar atrocities as genocide. The UN Fact Finding Mission in a recent report called repression on the Rohingyas as crimes against humanity.
Rohingya Refugees and the Role of Bangladesh Govt.
The Rohingya genocide and ethnic cleansing concern the Bangladeshis in a manner that many other countries may not fully understand or appreciate. Bangladesh was born in 1971 as a consequence of successful freedom struggle of its people united as a monolith against Bangladesh Genocide. The plight of the Rohingyas therefore reminds the Bangladeshis of their predicament in 1971. The Rohingya refugees have long been suffering in Rakhine soil and marginalized socially, economically and politically by the Army-led Myanmar Government. They have been subjected to systematic torture in cycles over the decades culminating in 2017 leading to ethnic cleansing.
The crux and root cause of the Rohingya crisis is that the Rohingya community have been denied their civil and political rights in general and their right to citizenship in particular in violation of Universal Declaration of Human Rights (UDHR) 1948. Article 15 of UDHR reads as follows:
“(1) Everyone has the right to a nationality. (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.’’
As per Article 25 of the Constitution of the People’s Republic of Bangladesh, it is Bangladesh’s Fundamental Principle of State policy to ‘uphold the right of every people freely to determine and build up its own social, economic and political system by ways and means of its free choice’ and to ‘support oppressed people’s throughout the world waging a just struggle against imperialism, colonialism and racialism.’
In view of the aforesaid constitutional obligation, it is the duty of the government Bangladesh to stand by the oppressed and displaced Rohingya refugees and to expedite and ensure their safe repatriation to Rakhine in line with the provisions of the Universal Declaration of Human Rights 1948 in general and to support their right to citizenship guaranteed under article 15 of the UDHR in particular.
In the given background of constitutional obligations and International Laws, the government of Bangladesh could have addressed Rohingya issue. But to the utter surprise and dismay of the nation, we have witnessed that the current government miserably failed to address the issue in line with the aforesaid legal propositions. The BNP regime in 1978 and 1992 in similar case of Rohingya refugee influx, in the spirit of its constitutional obligation and on humanitarian ground, had accommodated hundreds of thousands of Rohingya refugees and subsequently also succeeded to ensure their safe and voluntary return. But Awami League government at least during the first few weeks since 25 August, 2017 flatly denied the helpless and hapless refugees access to Bangladesh which can be seen from the newspaper reports published during the initial few weeks since 25 August, 2017. It is revealed from the news report of the relevant time that-
The government of Bangladesh initially pursued a policy of denial of access to the refugees and prevented their entry into Bangladesh territory and pushed back many across the border. (Human Rights Watch - August 5, 2018)
Many of them were pushed back into the Bay of Bengal and across the Naaf River. (The Daily Star - September 13, 2017)
Being prevented from landing at Bangladesh shore, many boat-full of refugee families including women, children and new born were found helplessly floating in the Bay of Bengal risking their life, but the obstinate government would not allow them shelter. (Relief web - August 31, 2017)
Bangladesh government incongruously proposed joint military operations with the Myanmar Army against the ARSA in line with the Myanmar Army version. (Dhaka Tribune - August 28, 2017)
UNHCR expressed its deep concern as the Bangladesh Border Guard (BGB) prevented entry of the refugees including the injured. (The Daily Star - January 31, 2017). A BGB official has been quoted by BBC Bangla (28 August, 2017) as saying that they had instruction from the superior authority to thwart all illegal entry into Bangladesh (the Rohingya refugees were thus denied entry at the instance of the government). DG of BGB has also been quoted as saying that although the local administration denied entry, the local residents including the local leaders gave shelters to the Rohingya refugees. (Daily Star - 28 August, 2017)
The former Bangladesh Human Rights Commission Chairman in a recent statement conceded to the fact that Bangladesh government’s initial treatment to the incoming Rohingya refugees was rather ‘weak’. (BD News 24.com, August 18, 2019)
It is during this period that the government suffered from vacillation, ambivalence, ad-hoc reaction and sudden volte-face, as opposed to BNP government’s constructive, humane, systematic, rational, diplomatic and constitutional approach.
In a short span of 2/3 weeks stream of Rohingya refugees were pouring into the Bangladesh territory. Some two hundred thousand Rohingya refugees already crossed the border this way or other despite negation by the BGB and local law enforcing agencies. At this stage the wave of the Rohingyas was so huge that it was unstoppable and the government had to back out from its original stand due to rising international outcry, and mounting pressure home and abroad to give shelter to the oppressed Rohingya refugees.
Prime Minister Sheikh Hasina made a 5 – point proposal in 72nd UNGA in September 2017 where she mentioned, amongst others, for a safe zone at Myanmar which is neither in consonance with Article 25 of our constitution nor does it demonstrates the rights of Rohingya guaranteed under Article 15 of the UDHR.
While the nation and the international community was way ahead with their concern taking cognizance of the gravity and seriousness of the issue, the Prime Minister has been found making a ceremonial statement in the UN General Assembly without any effective follow-up to achieve any positive outcome. Instead they were busy capitalizing on the Rohingya issue to cover up the global negative impression about the questionable and voter-less fraud election of 2014.
On 23 November, 2017 Bangladesh and Myanmar signed a Repatriation Deal in an environment of mounting concern over the repatriation climate and safety of returnees. It was not clear as to how the Agreement, which was negotiated behind closed doors, was reached. However it was crystal clear to many that the deal was primarily a public relations exercise in the face of strong possibility that charge of genocide/ethnic cleansing could be brought against the Myanmar leaders.
It was decided that refugee return would be completed within two years of the commencement of repatriation and that verification and repatriation will be based on considering the family as a unit (the proposal was imposed precipitately on Bangladesh). They also finalized the verification form behind the back of the Rohingya refugees. Thus, the entire bilateral deal is found to be deceptive, misleading and frustrating.
Role of BNP and Immediate Reaction, Home and Abroad
Though staying overseas for treatment, Begum Khaleda Zia, BNP Chairperson, rose to the occasion in this crucial juncture and on 28 August 2017 made a clarion call upon the government, the local administration and the law enforcement agencies to give shelter to the helpless Rohingya refugees. This was her constitutional obligation as a responsible citizen and former Prime Minister. She pointed out weak diplomatic maneuvers and failure of the government to appreciate the Rohingya crisis in proper perspective. Begum Zia also recalled our historical friendly relationship with Myanmar and expressed that the displaced Rohingya refugees would soon be repatriated to their homestead back in Rakhine with due security and dignity.
The senior leaders of BNP including Secretary General called upon the government to gear up diplomatic efforts with Myanmar to stop genocide at Myanmar end. They urged upon the government to give shelter to the helpless Rohingya refugees and provide them shelter, proper food and medicare. They called upon the government to forge national unity in this time of national crisis to enable the nation to collectively combat the crisis. But the government paid no heed to the call and readily dismissed the unity proposal. At this stage a Myanmar war plane crossed the Bangladesh air and the government even could not protest against the same.
BNP on Rohingya issue organized a round table on 24th September 2017 well attended by the diplomats, academia and members of the civil society, politicians and senior journalists and reiterated its call for national unity referring to its past experience of handling Rohingya crisis, asked the government to recognize the refugees as ‘Rohingya refugees’ and to ensure their safe repatriation with dignity and due rights. BNP dismissed Prime Minister Sheikh Hasina’s proposal to establish `Safe Zone’ to accommodate the refugees in Rakhine due to uncertainty about their safety and as it would shift the very focus and center point of their demand for Myanmar nationality.
In the said round table it was pointed out by the discussants that it was nearly 14 years ago that BNP had last sent Rohingya refugees back through negotiations. The number of refugees awaiting repatriation was then 23,695 only including new born. Later the Myanmar military went to some low-grade ethnic cleansing that forced many Rohingyas to flee to Bangladesh for their lives on a regular basis. And in this period, the Rohingya refugees in Bangladesh quietly jumped to 400,000 when the ruling Awami League government has been sleeping unaware of the human tragedy being staged at Rakhine, till the latest influx started in August 25, 2017. And the figure including the previous ones rose to more than 1100,000.
The Bangladesh Nationalist Party from the very beginning pursued humanitarian stand, called for opening the border to give shelter to the helpless Rohingya refugees into Bangladesh territory and to cater for sufficient food, shelter and medicare for them. Many NGOs and local philanthropist organization readily responded to the call. In the meantime relief materials started pouring in at the behest of UN and other international bodies. But the local administration and the ruling party goons messed with the relief operation due to mismanagement. The situation turned chaotic. It is in this background Bangladesh Nationalist Party called upon the government to deploy the Army to handle the relief materials including relief operation. (Daily Star – September 18, 2017). The party also stood by the distressed Rohingya refugees and sent truckloads of relief materials under the guidance of senior leaders. The Doctor’s Association of Bangladesh (DAB), an allied organization of BNP, however, continued medical centre at Rohingya refugee camp for months and extended medicare to thousands of sick refugees that earned humanitarian good name for them. BNP personnel also continued relief operation in the camps individually and in groups as per convenience.
On her return to Bangladesh Begum Khaleda Zia immediately rushed on 30 October, 2017 to see for herself the Rohingya refugees at different camps at Cox’s bazar. But her motorcade was obstructed and some vehicles vandalized in many places including Feni. The ruling government indulged in dirty politics even with her humanitarian relief operation. Begum Zia, ultimately, visited the camps, distributed relief materials and she herself talked to the refugees to learn about their plight directly from the victim.
Major Rohingya Influxes in 1978 and 1992: Role of the-then Government headed by BNP
The Myanmar military first tried to push the Rohingyas en masse into Bangladesh in 1978 by the most brutal means imaginable. In no time, a quarter million Rohingyas fled into Bangladesh for their lives. The nature of the brutalities and international reaction to these made the Myanmar military defensive. The BNP government successfully negotiated an agreement with the Myanmar under which almost all the Rohingyas went back under UN supervision. In 1992, when the BNP was in office, another major Rohingya influx occurred; this time also BNP government was able to negotiate and send back 2,36,000 Rohingyas back homes. In 2005, the BNP government again sent back 33,000 Rohingyas, which was the last official repatriation of Rohingyas.
In comparison to the present government’s vacillating stance, the BNP government in 1978 and in 1992 successfully negotiated the return of the bulk of the refugee influx into Bangladesh, some 250,000 in each instance. The respective agreements reached with Myanmar included safe and voluntary return. The highlights of the agreement are as follows:
• Both Agreements had specific elements indicating that Myanmar recognized the Rohingya minority as lawful residents. They were referred to as Myanmar residents and members of Myanmar society.
• The repatriation took place under UN supervision.
On the other hand the present Awami government has utterly failed to repatriate so far any of the Rohingya refugees back to Rakhine because of its carelessness and miserable diplomatic failure.
The Genesis of the Rohingya Genocide and Myanmar Policy
Myanmar has based its case against the Rohingyas on a criminal distortion of history that it was able to sell too many in the outside world because Bangladesh made no national effort to expose the preposterous historical distortion of the genesis of Rohingyas.
Myanmar's narrative is that Rohingyas are Bangladeshis from Chittagong and that Myanmar was merely sending back the "illegal" immigrants. But history is quite the contrary to the Myanmarese narrative. The Rohingyas had lived in the Arakan for many hundreds of years since the 8th century. It was only in 1784 that the Arakan/Rakhine first came under Burma when its Barman Buddhist Kings annexed it, as the Mughal rule in India of which the Arakan was a part, was crumbling. Arakan was an extension of the Mughal India both geographically and culturally.
Historically, the Bamars that constitute 68% of Myanmar's population are known for their cruelty that was evident during the Second World War, when they along with the Japanese Army, terrorized the population of the region. It was during their 4 decades' rule of the Arakan region that hundreds of thousands of Rohingyas fled to greater Chittagong for their lives and had settled there. When the British captured Arakan in 1826, it decided not to disturb the status quo that meant that the Buddhists were allowed to carry out low-level ethnic cleansing; the flow of Rohingyas to greater Chittagong did not stop even under the British. The fate of Rohingyas worsened when the British decided to sever Burma from British India, although there was a brief period of hope between 1948 when Burma became independent and 1962 when General Ne Win staged the military coup.
While the British ruled Burma as a colony they recognized all the ethnic groups, (a total of over 30 that lived in British Burma), as Burmese citizens and through Burmese Citizenship Law, 1947, Burmese citizenship was legally endowed upon them. The Rohingyas were one of these 30 plus ethnic groups that the Law recognized for grant of Burmese citizenship. This is how, upon its independence, the Government of Burma had recognized the Rohingyas as Burmese citizens and bestowed upon them Burmese citizenship.
The Burmese Citizenship Law of 1947 by implication recognized that the Rohingyas were a legal ethnic minority in Rakhine or Arakan. But the fate of the Rohingyas changed for the worst with General Ne Win's 1962 military coup and with his program styled "Burmese road to socialism." The Generals and the military made full use of the Theravada sect to which Burmese Buddhists belong. Theravada Buddhism does not recognize Dalai Lama as the Head of worldwide Buddhism. It pursued militant Buddhist nationalism that let loose hate campaign against the Rohingyas in Rakhine and systematically made the Rohingyas scapegoat for any government failure or untoward incident in Rakhine, as a pretext to torture the Rohingyas to evict them from their territory.
The Ne Win Government passed in 1974 the Emergency Immigration Act under which Rohingyas were stripped of their citizenship. In 1982, Myanmar passed citizenship law under which it made the Rohingyas stateless and openly called them illegal immigrants from Bangladesh. Simultaneously it enacted domestic laws that ensured that the Rohingyas would eventually leave Myanmar for their own good and if they were not prepared to do so voluntarily, they would be wiped out through genocide and systematic ethnic cleansing.
It is evident that Myanmar’s three-fold policy has been solidly consistent. First, its unrelenting persecution continues. The rise of Bamar Buddhist nationalism embraced by political leaders and the army in full earnest, contributed to a genocidal hate campaign against the predominantly Rohingya. Second, its outright denial of any wrong doing behind the claim that it was waging a campaign against terrorist attacks on police stations. It squarely blamed the Arakan Rohingya Salvation Army (ARSA) for these attacks. Third, it has placed systematic obstacles against any neutral probe of the atrocities committed. Leaders mocked accusations of arson and mass murder as a huge “iceberg of misinformation” and reports of gang rapes as “fake news”.
Aung San Suu Kyi disappoints the world
After long silence, to the utter disappointment of peace loving world community, the Noble Laureate Aung came out of the veil and set up the Kofi Anan Commission to find out why the exodus has taken place! She promised Myanmar would take back refugees after verification.
The Kofi Anan Report
The Kofi Anan Commission of late seems to have been drawing world attention. However Chairman of Myanmar National Human Rights Commission U Win Mra, who happens to be a member of the Kofi Anan Commission, recently commented that acknowledging Rohingyas as Myanmar citizen is conflicting with the existing Myanmar law. U Win Mra also claimed that the environment in Rakhine in the meantime has further improved which is in reality untrue. (the situation in Rakhine rather worsened as will be dealt with in subsequent chapters). (South Asian journal- August 22, 2019)
Unless resolved on priority basis, the Rohingya crisis could poise Bangladesh to become next hot-bed of unrest and instability
Though the presence of Islamic terrorists among Rohingyas has been the Myanmar narrative to justify its actions without justification, the Rohingya catastrophe unless resolved has the same potentials of breeding unrest. In addition, unless resolved, the Myanmar military would make sure that the remaining Rohingyas still staying in Rakhine in horrible condition, would eventually be forced out to Bangladesh. Which would be no doubt very fatal for Bangladesh and add fuel to the flame. The world would like to see that further genocide in Rakhine be stopped and the Rohingya refugees get back homes at Rakhine with Myanmar citizenship under comprehensive security with their right to life and property and normal peaceful social life. Else, this region is poised to become next hot-bed of unrest and instability.
Rohingya Crisis and the Global Reaction
In the meantime the crisis started catching attention of the international community due to proactive social media and international media. The nation witnessed how the First Lady of Turkey, the Turkish Foreign Minister, the Indonesian Foreign Minister and the Malaysian Foreign Minister in quick succession rushed to the makeshift Rohingya camps which were coming up in between Ukhiya and Teknaf in Bangladesh. They witnessed the miserable plight of the refugees and directly learnt from the victims the horrible stories about the genocide and persecution perpetrated by the Myanmar Army. A public hearing on Myanmar Army atrocities at Rakhine was arranged in Malayasia that documented the minute details of the Rohingya genocide, ethnic cleansing, torture and misdeeds of the Myanmar Army. A mock trial was also held in Kualalampur that further ignited the international attention. When all these events were unfolding across the world, it is a shame that the ruling Awami League Government was till then lagging behind doing nothing to take up the matter in international forum. Thereafter the whole world including many Heads of the governments, the UN high ups and international bodies rushed to the camp.
The fact that Myanmar military regime’s committed genocide and ethnic cleansing including gang-rape, arson, burning village after village, looting and persecution has been well established across the world made it primary responsibility of the UN to take international initiative to resolve it under UN Convention on the Prevention and Punishment of Crime of Genocide adopted by the UNGA in 1948.
The UN General Assembly discussed the Rohingya crisis at length where most of the countries- signatory to the convention- described the Myanmar atrocities in Rohingya as `genocide’. UN body also condemned all rights violations in Myanmar in the third committee of the UN General Assembly held in November, 2018 and took a resolution calling for an independent investigation into them to ensure that perpetrators are held accountable. The Assembly also advocated international support for the underfunded 2018 joint response plan for the Rohingya humanitarian crisis.
The UN General Assembly adopted the Human Rights Council’s Recommendations from September 2017 for the establishment of an independent mechanism which is mandated to collect, consolidate, preserve and analyze evidence of the most serious international crimes committed by Myanmar since 2011 and “to prepare file... to facilitate and expedite fair and independent criminal proceedings should criminal tribunal on Myanmar’s international crimes against Rohingya people eventually materialize.”
The International Criminal Court (ICC) is holding investigation into Myanmar’s 2017 military crackdown and crimes against Rohingya including killings and forced deportation that compelled more than 700,000 people flee into neighboring Bangladesh. Though Myanmar is not a signatory to the ICC, the court still has jurisdiction over crimes against the Rohingyas because Bangladesh, where they have taken shelter, is a member. UN investigators have separately called for prosecution of top Myanmar Generals for genocide. In 2018 the UN independent investigators said top military commanders in Myanmar should be investigated and prosecuted under international law for the gravest crime against civilians including genocide. On 5th July 2019 the Presidency of the ICC created the pre-trial Chamber 111 after the ICC prosecutor, Fatou Bensouda, notified judges that she will seek an authorization, ‘‘to investigate alleged crimes within the court’s jurisdiction in which at least one element occurred on the territory of the People’s Republic of Bangladesh… as well as any other crimes which are sufficiently linked to these events.” Those alleged crimes include the crime of deportation.
A UN International Fact Finding Mission on Myanmar in its recent report stated that many sexual and gender based acts of violence committed by Myanmar military against the Rohingyas amount to war crimes, crimes against humanity and genocide. The report describes how the soldiers routinely and systematically employed rape, gang rape and other violent and forced sexual acts against women, girls, boys, men and trans-gender people in blatant violation of international human rights laws. Marzuki Darusman, Chair of the Mission said ‘the international community must hold the Myanmar military to account for the tremendous pain and suffering it has inflicted on persons of all genders across the country.” The mission calls upon the UN Security Council and the international community to make accountability for these grave crimes an urgent priority. With hundreds of thousands of Rohingya refugees still in Bangladesh, too fearful to return home, the report should serve as an important reminder of the need for accountability of perpetrators and justice for victims, the report said.
The UN Human Rights Council passed a resolution in September, 2018 that includes establishment of an evidence gathering mechanism called the Independent Investigative Mechanism for Myanmar (IIMM). This channel presents a means of collecting vital information for future trials.
United Nations Investigators have identified scores of companies having business with the Myanmar Army that controls vast swathes of Myanmar economy through holding firms and their subsidiaries and is accused by the UN of executing a campaign with ‘genocidal intent’ against the Rohingya minorities. The UN urged sanctions on Myanmar Army businesses and companies linked to the Army business for their complicity in international crimes. The revenue generated by such businesses, the investigators stated, strengthens the army’s autonomy from civilian oversight and provides financial support for their ugly operation of crimes against humanity.
The OIC at its 14th Islamic Summit Conference held in Mecca announced that Gambia, the Chair of the Ministerial Committee of the OIC on Rohingya issue will be filing a legal challenge at the International Court of Justice (ICJ) for Myanmar’s flagrant violation of its obligation to 1948 Convention on the Prevention and Punishment on the Crime of Genocide, which Myanmar signed and ratified in 1956.
In September 2018 the Canadian parliament unanimously adopted a motion that endorsed the findings of the IFFM that concluded that crimes against humanity have been committed against Rohingyas and other ethnic minorities in Myanmar. Canada is likely to initiate legal proceedings before the ICJ with regards to Myanmar’s breach of the genocide convention.
US sanctions on Myanmar’s senior military officers
The United States is the first government to publicly announce sanctions against the Myanmar military commander in chief Min Aung Hlaing and other senior army officials and their families, who, it said, were responsible for extra judicial killing of Rohingya and on reports based on credible information of these commanders involvement in gross violation of human rights. The sanctions include barring them and their family members from entry into the United States and forfeiture of their wealth in the US.
The European Union and Australia have also imposed sanction on senior military officers including Commander- in Chief of Myanmar army. The EU has also been considering stripping the country of tariff-free access to the world’s largest trading block. The UN has commented that Myanmar’s top Army generals should be prosecuted for genocide and the ICC has begun its probe leading to the trial. All these move have been highly appreciated which created great pressure on Myanmar.
The Bangladesh- Myanmar Closed Door Repatriation Deal of 23 November, 2017
On 23 November, 2017 Bangladesh and Myanmar, within three months of the unfolding Rohingya crisis, hurriedly signed a Repatriation Deal in an environment of mounting concern over the repatriation climate and safety of returnees. In the Joint Working Group meeting held on 15-16 January, 2018, the two sides signed the Text of Physical Arrangement deciding (1) The refugee return would be completed within two years of the commencement of repatriation and (2) That verification and repatriation will be based on considering the family as a unit (the proposal was imposed precipitately on Bangladesh); they also finalized the verification form unilaterally. It was not clear as to how the Agreement, which was negotiated behind closed doors, was reached. However it was crystal clear to many that the deal was primarily a public relations exercise in the face of strong possibility that charge of genocide/ethnic cleansing could be brought against the Myanmar leaders. Reactions across the globe strongly criticized the Repatriation deal as having critical flaws. As for example:-
It rejected outright, Bangladesh-Myanmar announcement of their decision to repatriate all Rohingya refugees within two years as illegal, premature and too risky.
Both Bangladesh and Myanmar were castigated for agreeing to a deal to repatriate Refugees with absolutely no guarantees for their safety and the fact that once repatriated they would be put into holding camps.
The main issue for strong criticism was that no consultations were held with two critical parties (i) the refugees themselves and (ii) UNHCR
The concerns and fears of the refugees were left out as if they were an inert mass of people. Crucial points highlighted were the following:
Potential return of 700,000 refugees within 2 years was a matter of grave concern without clear understanding of their legal status, interim and final destination. Plans were made ignoring their involvement, determining their safety, security and access to fundamental rights. The time-period was not enough not only for readying physical infrastructure but even more so for the creation of a congenial and confidence building environment.
There was no guarantee of citizenship or move to amend the controversial 1982 Citizenship law which denies free movement and other basic rights. Without resolving core issues of citizenship and ethnicity and the return to their homes and property going back would be a great risk of a quick return.
Refugees were not yet ready to return. The passage of time was a crucial factor to overcome the trust deficit. The responsibilities of all concerned had to be carefully worked out (i) Bangladesh to house refugees for some time (ii) Myanmar to create an environment to ensure confidence and fundamental rights and (iii) the international community to ensure sustainable conditions for safe, voluntary and dignified return.
In sum any deal to repatriate the Rohingya refugees must have:
UNHCR as a pivotal party in the arrangements
Myanmar’s commitment to recognize ethnicity claims, full citizenship, respect for human rights, security, freedom of movement
Voluntary, safe and dignified return
Refugees must return to their original homes and not camps.
In the eight months that have elapsed since the latest mass exodus of refugees (700,000), Myanmar has done nothing tangible to further the implementation of the Repatriation deal of 23 November, 2017 or to demonstrate that this is not another public relations ploy. On the contrary its actions have progressively hardened the belief that its intent remains ethnic cleansing and genocide. Latest developments support this conclusion:
Myanmar has deployed troops near the Bangladesh border where Rohingya’s took shelter. They have dubbed this large-scale mobilization “anti-terror operations”.
Myanmar has moved ethnic Rakhine Buddhists to occupy Rohingya villages bulldozed by their security forces.
It is crystal clear that the likelihood of fulfilling the criteria of verification with control firmly in the Myanmar hand will be severely contained.
More ominous is new evidence surfacing that Myanmar in defiance of the Repatriation deal continues its massacres and atrocities.
Deceptive and Eye-Wash effort by Myanmar and Bangladesh governments for repatriation of Rohingya and their blatant failure:
The Myanmar and Bangladesh governments had been continuously trying to establish that the Rohingya crisis is a bilateral issue and as such they had entered into closed-door repatriation agreement on 23 November, 2017. It is the BNP that has been calling upon to resolve the issue in consultation with all political parties of the country and with the stakeholders home and abroad. On the other hand the government of Bangladesh did not pay any heed to BNP’s call; rather the government has frustrated and disappointed the world community in dealing with the matter and repatriating the Rohingya refugees. Consequently Bangladesh is to take the burden of one of the largest refugee communities risking its national security. While the entire international community has come forward with their bleeding heart and support for the repressed Rohingya, the government has utterly failed to appreciate their feelings and efforts by labeling the Rohingya crisis a bilateral issue. As a result of such ambivalent dealings of the government, the negotiation efforts have been proved futile and the repatriation process has become uncertain. On the other hand, the Myanmar government following signing of the agreement, has been continuously committing the same offence in Myanmar like genocide and crime against humanity. The following examples, amongst others, could be cited:-
The GU DAR PYIN Massacre of 27 August, 2017.
Associated Press (AP) in a Report on 18 February, 2018 revealed the results of an exclusive investigation that revealed large scale slaughter by the army and Buddhist nationalists of some 400 Rohingyas buried in 5 mass graves after having their faces defaced with acid.
The INN DINN Massacre of 2 September, 2017
The Myanmar army in a rare instance of self-confession admitted its soldiers had murdered 10 Rohingyas whose bodies were found in a mass grave discovered by two Myanmar journalists who now face charges of treason. Reuters in a recent report on 10 February, 2018 exposed details of the murder and the chain of custody involving the military, police force, local Buddhist villagers in the premeditated murder.
MEDICIN SANS FRONTIER Report of 11 March, 2018
This was entitled “No one Left” and said that at least 9425 (including 1000 children0 died in the first month of clearance operations in the early hours of 25 August, 2017. In a wave of unprecedented brutality estimated numbers of dead range from 9425 to 13,759.
Militarization of Rohingya villages
An Amnesty International Report compiled on 10.2.2018 on the continuing campaign against the Rohingyas still remaining in Myanmar showed that they are facing starvation, rape and sexual violence. It concluded that the same fate awaits returnees. In a new briefing entitled “REMAKING RAKHINE STATE” Amnesty International said that eye-witnesses and satellite imagery found that flattening Rohingya villages and new construction have intensified since January 2018, in the areas where hundreds of thousands fled the military campaign of ethnic cleansing. New roads and structures are being built in burnt out Rohingya villages and new bases are being erected to house security forces in a dramatic land grab.
The two repatriation attempts on 15 November 2017 and 22nd August 2019 met utter failure in as much as not a single Rohingya refugee agreed to go back to Rakhine mainly for fear of life and security. In the second repatriation effort, UNHCR was, however, involved in interviewing the listed Rohingya refugees and the repatriation was declared voluntary. But the Rohingya refugees have been repeatedly demanding their Myanmar citizenship and their right to life and security that remained unaddressed by the Myanmar authority. On the eve of the recent repatriation effort, the Rohingya refugees staged demonstration agitating through a mammoth gathering on 25 August, 2019. Recently, they also circulated leaflets reducing their demands in 5–points which are as follows:
(1).The parliament must pass a law acknowledging that the Rohingyas were local people as they were permanent residents in Rakhine; (2). The Rohingyas in Rakhine must be given citizenship and ID cards; (3). The Rohingyas must be returned to their own villages and their grabbed lands must be returned; (4). UN peace keeping forces must be deployed alongside the Rohingya police force to protect the lives and property of the Rohingyas in Arakan; and (5). The criminals must be tried in the international criminal court rather than the local court in Myanmar. (Prothom Alo- 22 August, 2019)
The reason BNP terms the repatriation agreement deceptive and eye-wash instrument of both the governments is that, in addition to the aforesaid, the Foreign minister of Bangladesh in a recent statement exposed the government’s true color blaming the NGOs and international organizations for their relentless efforts to support the Rohingya refugees. The foreign minister’s negative reaction on the role of NGOs has come at a backdrop when some 61 NGOs home and abroad opined that the environment in Myanmar are not yet conducive to convince the Rohingya refugees to agree to go back home. The government alleged that a number of NGOs were engaged in misleading the refugees not to return to Myanmar. The Parliamentary Standing Committee on the Foreign Ministry in the meantime asked the foreign ministry to identify and oversee the activities of the NGOs working on the Rohingya issue and take action against the organizations working against repatriation (Manab Zamin, 21 and 22 August, 2019). The proposed move against the NGOs is considered by many as a mechanism to silence them from speaking on the issue in future. Thus, it appears to BNP that such move of the government is not in consonance with Article 25 of our constitution.
Recommendations from BNP
In the above premises, BNP strongly feels that it is high time Bangladesh started to lead than follow, wasting no further time to address the root cause of the Rohingya crisis focusing specially on their right to citizenship and other human rights issues. Bangladesh government has so far miserably failed to take any rigid, transparent and concrete position on Rohingya issue. Being unelected the government could not earn confidence of our friendly countries in the region and across the world. This is high time that the government should come out of ambivalence and take a concrete stand on the issue. Therefore, BNP recommends as follows:
1. The government must treat it as a national crisis and convene a National Dialogue for national unity to arrive at a national consensus. In convening the meeting, the government should disseminate a position-paper bearing in mind the provision of Article 25 of the constitution of Bangladesh and the provisions of the Universal Declaration of Human Rights 1948 in general, and Article 15 in particular.
2. The government must expedite repatriation of the Rohingya refugees ensuring their human rights, including their right to Myanmar citizenship, proper safety and security, right to property and homestead and freedom of movement. With this object the government should initiate a vigorous global campaign to convince all regional and international friends.
3. BNP feels that for a just and fair cause all our friendly countries who are yet to be on Bangladesh side, should be brought together on board to create mounting pressure on Myanmar; geo-politics should not be in the way in resolving the issue. For the sake of peace, humanity and regional integrity and for union of thoughts and actions, BNP would like to call upon all our friendly countries to support Bangladesh for permanent solution of the Rohingya crisis.
4. Under no circumstances the repatriation should be made from camp to camp i.e. the repatriated Rohingya should be given back their homes / estates so that they may live there peacefully without any fear.
5. A government delegation including the foreign minister and others should visit the particular land designated for the Rohingya repatriation and make sure that the environment there is conducive and safe for them to return. This delegation can also include representatives from the rohingya community which will assist their confidence building and create pressure on Myanmar.
6. The government must ensure that the UN oversees the repatriation and the post-repatriation situation in Myanmar.
7. The government should support and assist any proceeding likely to be brought against the perpetrators of Rohingya genocide and crime against humanity.
8. The government must take all necessary steps to prevent any attempt of militancy or terrorism arising out of the Rohingya crisis.
9. The government of Bangladesh must involve the diplomatic mission and other stakeholders concerned with the Rohingya issue, including the Rohingya refugees and Myanmar government, in close coordination with the UN, and under UN supervision, for the purpose of effective repatriation and permanent solution of the Rohingya crisis.
10. The government must play smarter and be strategic in pursuing its world diplomacy through intense diplomatic interaction with the world powers.
BNP Chairperson Begum Khaleda Zia’s Statement
on Rohingya Crisis issued on 28 August, 2017
(Quotes from the press)
“ Give shelter to Rohingyas, Khaleda to govt..
I am urging the government and its authorities concerned to provide shelter and security to the Rohingyas who have intruded into Bangladesh for the sake of their lives…..”
------ The Daily Star - August 28, 2017
“ Provide shelter to fleeing Rohingyas: Khaleda …
BNP Chairperson Khaleda Zia has called upon the government and law enforcement agencies to provide shelter and security to the Rohingya people who are fleeing their homeland Myanmar to save their lives following a fresh violence there….”
---- Daily Sun- 28th August, 2017 05:57:38
“ Khaleda calls for giving shelter to fleeing Rohingyas in Bangladesh..
Bangladesh Nationalist Party chairperson Khaleda Zia on Monday urged the country’s administration and law enforcement agencies concerned to provide shelter to Rohingya people fleeing violence in Myanmar. In a statement, Khaleda, who is now staying in London, also urged the authorities to provide overall security to Rohingya men, women and children, who fled the violence-torn Rakhine state of Myanmar, and crossed into Bangladesh territory….”
---- NEW AGE- 29th August, 2017
References/ Acknowledgements
1.Bangladesh’s initial response to Rohingya crisis was ‘weak, disoriented’: Ex-NHRC chief,
bdnews24.com, 18 Aug 2019
2. “Bangladesh Is Not My Country”
Human Rights Watch, August 5, 2018
3. ISIS, Al-Qaeda drawn to crisis in Rakhine state
THE STRAITS TIMES , Sep 20, 2017,
4. Bodies of 19 Rohingya Refugees Wash Ashore in Bangladesh
Reliefweb, 31 Aug 2017
5. Rohingya terrorists linked to pro-Pak terror groups in Jammu & Kashmir
THE ECONOMIC TIMES, Updated: Jul 12, 2018,
6. Buddhist nationalism challenges Myanmar's government
NIKKIE, ASIAN REVIEW , August 30, 2017
7. 500,000 Rohingyas waiting to enter Bangladesh
Dhaka Tribune, September 24th, 2018
8. Statelessness and identity in the Rohingya refugee crisis
Humanitarian Practice Network, October 2018
9. Why bilateral initiatives with Myanmar have failed
The Daily Star , December 21, 2018
10. The National Laws of Myanmar: Making of Statelessness for the Rohingya
Wiley Online Library, First published: 08 November 2018
11. PM places five-point proposal at UNGA on Rohingya crisis
Financial Express, Saturday, 23 September 2017
12. Rohingya crisis: BNP opposes PM’s safe zone proposal
The Daily Star , September 24, 2017
13. Rohingya crisis: BNP wants Prime Minister to visit countries like India, China
The Daily Sun, 10th September, 2017
14. Myanmar Wants to Track Rohingya, Not Help Them
FP , August 1, 2019,
15. The Face of Buddhist Terror
TIME, July 1, 2013
16. It only takes one terrorist’: the Buddhist monk who reviles Myanmar’s Muslims
The Guardian, Fri 12 May 2017 14.46 BST Last modified on Wed 2 May 2018
17. Rohingya Crisis: Why Aung San Suu Kyi is disappointing the world
Morocco World News Sep 13, 2017
18. From peace icon to pariah: Aung San Suu Kyi's fall from grace
The Guardian, Fri 23 Nov 2018
19. Burmese daze Aung San Suu Kyi is letting her own revolution down
The Economist, Mar 30th 2017
20. "Rohingya refugee crisis is a time bomb that must be quickly defused to avoid any future flare-up"
The Daily Star, August 05, 2019
21. Myanmar Rohingya: What you need to know about the crisis
BBC News, 24 April 2018
22. Reuters journalists jailed in Myanmar over secrets act
BBC News , 3 September 2018
23. UN investigator: US sanctions on Myanmar military leaders inadequate
Dhaka Tribune , July 19th, 2019
24. Rohingya crisis: Finding out the truth about Arsa militants
BBC News, 11 October 2017
25. Rohingya crisis: Are Suu Kyi's Rohingya claims correct?
BBC News, 19 September 2017
26. Rohingya Muslims: Tales of horror from Myanmar
BBC News, 7 September 2017
27. Myanmar's Rohingya: Truth, lies and Aung San Suu Kyi
BBC News, 27 January 2017
28. WORDS MATTER
A brief history of the word “Rohingya” at the heart of a humanitarian crisis
QUARTZ , October 3, 2017
29. Myanmar conflict: Fake photos inflame tension
BBC News , 2 September 2017
30. Myanmar: Who are the Arakan Rohingya Salvation Army?
BBC News , 6 September 2017
31. Hounded and ridiculed for complaining of rape
BBC News, 11 March 2017
32. Aung San Suu Kyi: No ethnic cleansing of Myanmar Muslim minority
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33.. Rohingya villages 'destroyed' in Myanmar, images show
BBC News , 21 November 2016
34. Myanmar army fires on Rohingya villages in Rakhine region
BBC News , 13 November 2016
35. Rohingya Crisis: Violence drives more to Bangladesh
UN Information Center Washington, Nov 28, 2017,
36. Aung San Suu Kyi: The democracy icon who fell from grace
BBC News , 13 September 2018
37. “The Rohingya Amongst Us”: Bangladeshi Perspectives on the Rohingya Crisis Survey
Xchange Foundation , August 28, 2018
38. Asia migrants: What do those in the region think should be done?
BBC News , 24 May 2015
39. Massacre in Myanmar
REUTERS, Feb. 8, 2018,
40. The country where Facebook posts whipped up hate
BBC News, 12 September 2018
41. Rohingya Crisis in Myanmar Is ‘Ethnic Cleansing,’ U.N. Rights Chief Says
The New York Times, Sept. 11, 2017
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The Washington Post, December 13, 2018
43. Give shelter to Rohingyas, Khaleda to govt
The Daily Star , August 28, 2017
44. Rohingyas must return, onus on Myanmar to convince: government
NEW AGE, Aug 25 , 2019
45. Myanmar should be pressured for safe Rohingya repatriation: US
NEW AGE, Aug 25, 2019
46. Distrust holds them back
The Daily Star, August 23, 2019
47. 61 NGOs warn of worsening crisis in Myanmar, call for refugees’ engagement on safe, voluntary returns
International Rescue Committee, August 20, 2019
48. Rohingyas reluctant to return
Prothom Alo, Aug 22, 2019
49. Repatriation of Rohingyas: Evidence of Myanmar’s lack of preparedness
The Daily star, April 8, 2019
50. UN resolution slams Myanmar over rights violations
UCAN, March 25, 2019
51. Myanmar probe team on Rohingya abuse in Dhaka
Dhaka Tribune , August 18th, 2019
52. International legal options for addressing the Rohingya genocide in Myanmar and humanitarian crisis in Bangladesh
Reliefweb, 13 Aug 2019
53. Rohingya Crisis: ICC lawyer seeks probe into atrocities
The Daily star , June 27, 2019
54. ICC says it can prosecute Myanmar for alleged Rohingya crimes
The Guardian, 6 Sep 2018
55. Myanmar’s ‘Genocidal Acts’ Demand UN Action
The Diplomat, October 26, 2018
56. Rohingya Abuses: US sanctions on Myanmar army chief, 3 top officers
The Daily Star, July 18, 2019
57. Myanmar/Burma: Council prolongs sanctions
Council of the EU, 29/04/2019
58. ICC seeks views from victims
The Daily Star, August 20, 2019
59. China's changed policy on Rohingya refugees
FRONTLINE , August 16, 2019
60. AHA Centre defends leaked report on Rohingya refugees
CNA, 10 Jun 2019
61. China for quick solution to Rohingya crisis
The Daily Sun, 6 July, 2019
62 . UNHCR talks to Rohingyas cleared for repatriation
The Daily Star . August 21, 2019
63. U.N. Security Council mulls Myanmar action; Russia, China boycott talks
Reuters, December 18, 2018
64. Exodus of refugees turns fatal
The Daily Star , September 13, 2017
65. Bangladesh offers Myanmar joint operations against insurgents
Dhaka Tribune August 28th, 2017
66. Rohingyas repatriation ensured how about human rights
South Asian journal- August 22, 2019
