Abstract
The statelessness of the Rohingya exacerbates the risk of trafficking in persons. Such risk gets bigger for the Rohingya to face during the coronavirus pandemic as safety restrictions and control are emboldened for health concerns. This paper is not to argue for the Rohingya to be or not to be nationally considered. It is due to that being nationally considered does not necessarily guarantee any persons free from trafficking in persons. Instead, this paper is to identify the root cause in order to construct the protection strategy. Thus, the international human rights are theoretically expressed in naturalistic views which are distinguished from positive rights that are inherently applied in Myanmar to bring out the identity conflict that has been the source of crisis between the minority and the majority. Also, a normative perspective of the research in this paper is expected of how international law should function, especially among the ASEAN member states. The ASEAN Convention Against Trafficking in Persons, Especially Women and Children are incorporated as legal instruments throughout the identification of the root cause and the construction of the protection strategy for the Rohingya to investigate the trafficking in persons in the Rohingya crisis. It shows that statelessness and trafficking in persons are inseparable under the migration in the form of irregular movement. Furthermore, it is found that the root cause of trafficking in persons in the Rohingya crisis is the inefficiency of legal systems, because the provision cannot quite defend them.
Highlights
Being an ethnic minority that is not nationally considered in Myanmar, the Rohingya have been suffering from the dearth of human rights
Summary Report of ASEAN Intergovernmental Commission on Human Rights (AICHR)-United Nations High Commissioner for Refugees (UNHCR) Regional Workshop on Statelessness and the Rights of Women and Children in Manila, Philippines on 18-19 November 2011 stated that: “1) strategies to establish the universal registration of all children at birth; 2) legal reforms to protect the rights of women and children to acquire and retain a nationality; 3) legal reforms to prevent the loss of nationality due to residence abroad; and
4) leading initiatives to prevent and reduce statelessness in the context of labour migration, people smuggling, and human trafficking.”94. It looks like the most feasible action would be the establishment of the universal registration of all children at birth regardless of whether or not the victims are stateless. Such action is to do through what is called as other appropriate measure once all of Association of Southeast Asia Nations (ASEAN) member states are seriously willing to give permission for the victims to remain in its territory
Summary
Being an ethnic minority that is not nationally considered in Myanmar, the Rohingya have been suffering from the dearth of human rights. Irregular movement of persons in Southeast Asia are distorted from human right issues to be regional security issues These member states are the states which adopted the UDHR in the context that trafficking in persons is against Article 4. The identification of the root cause shall be the underlying idea for the construction of the protection strategy Both of these identification and construction rely upon the problem statement that trafficking in persons occurring in the Rohingya crisis violates human rights. As for the second element, the Rohingya belonging human rights are entitled to claim them with regards to the UDHR Article 4 These two particular elements are in pursuit of the mere survival of the Rohingya ethnic minority against trafficking in persons. This is due to that the Rohingya are the ones suffering from the crisis at heart of trafficking in persons, precisely backed up with the fact that Myanmar is not state party to most international human right treaties so far for the Myanmar’s government, the State Peace and Development Council (SPDC) in particular, to fully respect fundamental human rights
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