Thailand’s Undeveloped Role in Resolving the Rohingya Crisis

Abstract

This article analyzes Myanmar’s denationalization and forcible relocation of more than two million Rohingya Muslims within the purview of treaties and customary international law (CIL). Careful examination of state practice and judicial opinion suggest prevention and reduction of statelessness, and protection of stateless people are obligations under CIL, regardless of whether a state is party to a statelessness treaty. The article argues Myanmar violated CIL when it intentionally excluded Rohingya from its list of “national races” referred to in its 2008 Constitution and 1982 Citizenship Law, and when military personnel killed and raped Rohingya villagers, burned houses, detained and deported Rohingya who for generations have known only Myanmar as their home. The argument expounds a theory that Myanmar’s government may justify expulsion under centuries-old Burmese law that would have forcibly removed Muslims from the Arakan Kingdom, now Rakhine State, if the British Empire had not intervened in sovereign Burmese affairs in 1824. Regardless of motives, Myanmar’s condemnable actions have left the region awash with stateless refugees, some of whom Bangladesh has protected while others have fallen victim to regional human trafficking syndicates. This article posits that structural deficiencies in the international legal system have practically indemnified Myanmar and left Rohingya without justice anywhere. Thailand is in a unique position to make an impact on regional handling of the crisis, but the Kingdom must update its own policies and practices before its catalytic effects around the region are noticeable. Recommendations include legislative reform and moreover, renewed political will since morale is the fuel that turns the flywheel.