Rohingya In Myanmar Research Articles

Exploring public opinions on Rohingya refugees residing in India: An empirical study

The Rohingya population is widely acknowledged as one of the most persecuted minority groups worldwide. The ongoing tripartite conflict involving the Rohingya, the Rakhine, and the Myanmar military has resulted in numerous clashes and massacres, leading to forced displacement. Countries such as Bangladesh, Thailand, Malaysia, Indonesia, the Philippines, Pakistan, and India have recorded an influx of Rohingya immigrants. While extensive studies have been conducted on the Rohingya in Myanmar and Bangladesh, there has been a limited scholarly focus on the Rohingya in India. This article aims to fill this gap in the literature. It is important to note that India is neither a signatory to the 1951 Refugee Convention nor the 1967 Protocol, which addresses refugee status and protections, nor does it have a domestic refugee law. Consequently, refugees in India are not officially recognized as a distinct group and lack legal protection against exploitation and abuse. This situation leaves them vulnerable to various forms of mistreatment, including exploitation, violence, and limited access to employment, education, and healthcare. Although the United Nations High Commissioner for Refugees designates the Rohingya as refugees, the current Bharatiya Janata Party government views this stateless community as illegal migrants and a perceived threat to India. This stance raises important questions: (i) How does the Indian population perceive and internalize this interpretation? (ii) What are their attitudes toward the Rohingya, and what policy options do they prefer? To address these inquiries, the authors of this article analyzed data from the Sinophone Borderlands Indo-Pacific Survey, a large-scale online survey organized by one of the authors. In addition, interviews were conducted with Rohingya individuals residing in India to gather firsthand perspectives.

HUMAN RIGHT TO NATIONALITY OF THE ROHINGYA REFUGEES AND THE BANGALEES IN BANGLADESH

The study contains the human rights condition of the Rohingya refugees in Bangladesh in general as well as their human right to nationality in the country in particular. It also contains, on a comparative approach, the human right to nationality of the Bangalees in Bangladesh. Data are collected from both primary and secondary sources and they are analysed systematically for reaching a solution to the problem of nationality of both the peoples, Rohingya and Bangalee. The study wants to create public opinion for the redress of the Rohingya refugees who were compelled to flee to Bangladesh from Myanmar by the government as well as the military of Myanmar.It shows that the right to nationality of the ethnic/cultural and linguistic majority ‘Bangalee’ people of Bangladesh was kept aloof from them for more than three decades. The study explores the governmental and foreign aids to help them sustain, transfer of many of them from Cox’s Bazar to BhasanChar of Noakhali district, and geopolitical issues surrounding the Rohingyas in Myanmar and Bangladesh. It unveils the legal issue relating to nationality and citizenship of the Bangalees as well as the Rohingya refugees in Bangladesh, which is seldom addressed by lawyers and general readers. It shows the distinction between nationality and citizenship and makes some suggestions to overcome the problem of nationality and citizenship identities of the Bangalees and Rohingyas in Bangladesh as well as in Myanmar.

The Impact of Islamophobia on the Persecution of Myanmar's Rohingya: A Human Rights Perspective

The concept of Islamophobia and the persecution of the Rohingya minority—these two phenomena are highly significant in the world context. These factors have affected systematic violence and statelessness for many years by the Myanmar Buddhist majority and the Myanmar government itself. The Rohingya community has a significant connection with several factors, including political, economic, national, and religious relations. This paper is dependent on a qualitative research methodology using secondary data was used. Myanmar is a non-secular, Buddhist-dominated country where the Buddhist majority holds a perception of Islam to justify their violence towards this community and to ensure Buddhist domination. This paper will shed some light on the argument, and discusses the extent to which Islamophobia is significant behind violations of human rights in the Rohingya community.

The Specter of Potential Foreigners: Revisiting the Postcolonial Citizenship Regimes of Myanmar and India

ABSTRACT Revisiting the citizenship regimes of Myanmar and India through a comparative lens, this article argues that a specter of the “potential foreigner” is decisive in the adjudication of citizenship in both countries. Citizenship is conceptualized not only on the basis of who is a citizen, but a perennial suspicion towards those who may not be. We frame this argument in the context of increasingly restrictive atmospheres in both countries, epitomized by violence towards the Rohingya in Myanmar and the Citizenship Amendment Act in India. This paper employs an historical perspective, tracing the evolution of citizenship since the partitions of Burma and Pakistan from India. It interrogates the very notion of foreignness that is embedded in these discourses, through a detailed description of the religious, ethnic, racial, and administrative "other" etched in the legislative and socio-political fabric of both countries. In order to develop the idea of potential foreigner as a key element of national identity and citizenship policy, the paper examines crucial legislation over the last three-quarters of a century, and the consequences of linking narrowing definitions of ethno-national belonging to citizenship status.

Challenges in protecting Rohingya refugees: Pathways for international intervention

This study examines the efficacy of international legal frameworks in preventing human rights abuses against the Rohingya in Myanmar. Despite global human rights conventions, the ongoing crisis highlights a stark disconnect between international norms and their enforcement. The study scrutinizes the limitations of key international bodies, particularly the United Nations Security Council (UNSC), and the challenges posed by national sovereignty and geopolitical dynamics that hinder effective human rights protection. Utilizing qualitative analysis of existing literature, this research identifies the systemic shortcomings within international mechanisms and the inadequate application of the Responsibility to Protect (R2P) principle in Myanmar's context. The findings suggest an urgent need for reform within international legal frameworks and the implementation of more effective measures to uphold human rights universally and ensure the safeguarding of vulnerable groups like the Rohingya. The paper concludes with recommendations to strengthen international legal measures, increased accountability for human rights violators, and a more assertive global stance against violations, aiming to bridge the gap between international legal commitments and real-world implementation.

Indonesia’s Roles in Myanmar’s Rohingya Crisis: Through the Lens of Public Diplomacy

Myanmar's Rohingya crisis is one of the intractable conflicts in South East Asia that has been unsolved until now. The Rohingya, as a minority group in Myanmar, suffer from human rights violations by the majority Buddhist Rakhine population with central government support. In effect, many of them fled to neighboring countries, such as Thailand, India,Indonesia and Nepal, and other countries across the region (UN Refugees, 2022). Indonesia, as one of the founding members of ASEAN, thinks that ASEAN must solve this conflict, but the obstacle faced by ASEAN is the non-intervention principle. With the differences in ideology and national interest of ASEAN member states, this conflict is not to be the utmost priority by the ASEAN Members. Indonesia gave attention to Myanmar’s Rohingya crisis since the crisis emerged in 1948 at the same time Myanmar gained independence from Great Britain. As an ASEAN host this year, Indonesia intensified its role to be a peace broker through shuttle diplomacy and engaging key players in Myanmar. Indonesia realized that this conflict must be solved by bringing to the table the key players in Myanmar’s Rohingya conflict. This conflict matters for Indonesia, because of achance for Indonesia to be portrayed as one of the countries that enhance its reputation and want to revive its glory moment in the Soeharto era that can solve regional conflict. Public diplomacy will be used in this paper by seeing the efforts of the Indonesian government, especially during President Jokowi's second term. As Joseph S. Nye said <<soft power is the ability to affect others to obtain the outcomes one wants through attraction rather than coercion or payment>>, we can see the Indonesia effort through shuttle diplomacy, implementation of the Five-Point Consensus on Myanmar, and humanitarian aid to solve this conflict. The capacity of Indonesia to be an honest peace broker is natural because of the resources that Indonesia had in several areas, particularly in political and economic areas.

Protracted Rohingya Crisis in Bangladesh: Exploring National and International Security Implications

The Rohingyas of Rakhine state have been denied citizenship in their homeland. Myanmar's military attack has forced them out of the country. Escaping violence, about 1.6 million Rohingya took shelter in Bangladesh over the period where their protracted refuge has caused a spectrum of security concerns for host country and rest of the world. This article focuses on the national and international dimensions of the security threats created by the Rohingya crisis. Drawing upon the theoretical framework of the regional security complex and three levels of security, this article investigates national and international security implications induced by the Rohingya refugees. This study utilizes a qualitative research approach to analyze primary and secondary data, revealing that the protracted refugee crisis has created a range of security threats, including societal, political, environmental, and the emergent specter of terrorism within Bangladesh. In addition, regional and international networks of Rohingya’s insurgent groups pose the risk of terrorism that has far-reaching implications for international security. The article concludes that Bangladesh should pursue a long-term solution to resolve the security issues associated with the Rohingya crisis, which is the repatriation of the Rohingyas in Myanmar.

The Victimization of Rohingyas in Myanmar and Bangladesh: Breaking the Silence - Postcolonial Criminology, Ethnography and Genocide

Abstract This paper gives voice to the victims of ethnic cleansing in Myanmar. Using criminological ethnographic research in refugee camps in Bangladesh, we examine the qualitative accounts of violence and persecution and ‘break the silence’ by giving voice to Rohingya people who had fled military violence. We place the Rohingya’s testimonies within a wider theoretical and historical discussion that also addresses the condition of criminology when it comes to understanding and analysing the crime of all crimes—genocide. In recent years, the potential for postcolonial criminology in explaining global inequalities and injustices has been much discussed. However, we critique parts of this debate and instead emphasize the importance of foregrounding the realities of extreme victimization of powerless individuals such as the Rohingya.

International Human Rights and the Plight of Rohingya in Myanmar

Abstract There are probably no nations in the world today that do not have minority groups. Wherever nation-states exist, ethnic diversity is a pervasive aspect of their life. Myanmar is one of the most ethnically diverse states in Asia. The Rohingya’s existence is a historical fact in Myanmar, but their ethnic minority status is not acknowledged. Rohingya Muslims are facing identity and citizenship problems along with severe international human rights violations. More than 0.7 million Rohingya Muslims are living in Bangladesh as world’s biggest refugee population. The Rohingya gradually lost their identity and eventually became stateless under Myanmar’s domestic legal framework. A large number of them are disenfranchised from exercising their basic human rights. It is argued that not only are their human rights seriously compromised in their present condition of statelessness, but they could still face genocide, ethnic cleansing, and crimes against humanity. The article concludes by emphasizing the responsibility to protect Rohingya Muslims from atrocities, including addressing their statelessness and lack of citizenship. Further research and advocacy are needed to ensure that the human rights of the Rohingya are protected and that they have access to citizenship and legal identity.

How to Win a Genocide Case: Analyzing the Triple Strategy of the Advocates of the Rohingya in Myanmar

The Rohingya Muslim minority in Myanmar was subjected to discrimination and gross violations of human rights for many decades. During the last two waves of military crackdowns in Rakhine State (October 2016 to January 2017; August to September 2017), the Tatmadaw army and civilians committed atrocities against the Rohingya that amounted to crimes against humanity and genocide. Advocates for the Rohingya's suffering took action to leverage the findings of the investigations of international mechanisms. They endeavored for an international condemnation of Myanmar at the ICJ, and they filed a complaint in an Argentinian court for the application of universal jurisdiction to prosecute the military and the political leadership responsible for ordering and committing the atrocities. They also encouraged an investigation of the atrocities in the ICC. The litigators’ main focus was set on genocide. However, while genocide carries the stigma of being the most heinous of crimes, it is also the hardest to prove, particularly the special intent to commit it. This article assesses the chances of the triple strategy applied by the Rohingya advocates. It argues that litigating the case in three different fora, assures that the forums back each other up, so that the flaws of one are compensated by the others. Thus, the chances for accountability for the crime of genocide are increased. The fora work interoperably to achieve the goal of proving the occurrence of genocide in Myanmar so as to impose state responsibility and individual criminal responsibility.

Criminology of Atrocity Crimes: Analysing the Aetiology of the Rohingya Persecution in Myanmar

AbstractThe current paper examines the aetiology of persecution committed against the Rohingya in Myanmar from a criminological perspective. Criminological theories focusing on one level of analysis may not fully explain the incidents concerning the systematic implementation of policies of persecution against the Rohingya for decades. Thus, the author scrutinizes the factors which are involved in the aetiology of persecution at three different levels: macro (national), meso (organizational) and micro (local community and individual) within four dynamics – namely, motivation, opportunity, control and constraint. This paper employs the case study method and collects data through focus group discussions with the Rohingya in the Kutupalong refugee camp in the Cox’s Bazar region of Bangladesh. It limits its analysis to the data that covers the events of persecution against the Rohingya in Myanmar, such as revocation of their citizenship, deprivation of their fundamental rights, and different forms of atrocity crimes, from 1962 to 2019. It reveals that, despite the heterogeneity of the actions that led to atrocity crimes against the Rohingya, the military leaders in charge of Myanmar (and somewhat Myanmar’s civilian government), military personnel and other security force members, paramilitaries and vigilantes played various roles in the perpetration of such crimes.

Myanmar's Rohingya crisis and regional impact on Bangladesh: A systematic analysis and possible solution based on SAARC

Myanmar's Rohingya crisis and regional impact on Bangladesh: A systematic analysis and possible solution based on SAARC

Towards a Judicial r2p: The International Court of Justice and the Obligation to Prevent Genocide in The Gambia v. Myanmar Case

Abstract This article proposes a reading of the 2020 Order on Provisional Measures in The Gambia v. Myanmar case through the r2p lens. It holds that the International Court of Justice (icj), notwithstanding its inherent limitations as a judicial organ, can play an important role in the responsibility of the international community to help to protect populations from genocide, and that a ‘judicial r2p’ can exist under r2p’s Pillar Three. To that end, the article develops two main arguments. First, that in the 2020 Order, the icj used a language closer to r2p than ever. Second, that, by submitting the dispute to the Court, The Gambia not only has exercised a right under the Genocide Convention, but it also fulfilled its obligation to prevent genocide, and as a member of the international community, has contributed to activate the latter’s r2p regarding the Rohingya in Myanmar.

Conflict Potential of the Rohingya People in Bangladesh and Beyond

The article addresses how Myanmar's Rohingya conflict could generate a potential for conflict within the borders of Bangladesh and beyond. The conflict in Myanmar due to the Rohingyas being deprived of their national citizenship had led to the mass exodus in 2017 to Bangladeshi land and the subsequent conflict in the host place. It was referred to various situations, including disputes, killing, abduction, and tensions between the refuges and host people. Based on existing theories of ‘exporting conflict’ such as displacing conflict and spill over effect of ethnic conflict, the article attempted to show how the Rohingya conflict originated in Myanmar lead to serious conflicts taking place in Bangladesh. The theoretical basis proposed in the article had been supported with reliable secondary sources of information and published expert opinions on the contemporary situation of the temporary Rohingya settlements in Bangladesh with regards to their sheltering, refugee management, and progress towards their repatriation process to Myanmar. The article argued that Myanmar's civil conflict had spilled over into Bangladesh's borders due to a sequence of events starting from when Myanmar's civil conflict erupted from its National Citizenship Act. Findings suggest that the Myanmar conflict has been displaced to Bangladesh through many refugee settlements that puts Bangladesh's population in midst of a host of issues concerning livelihood, safety, and security. This has been done while touching upon Bangladesh's position as a host country to millions of Rohingya refugees and shouldering issues already stemming from the temporary shelter of Rohingya people within its borders.

Democratic Regime in Myanmar and the Rights of the Rohingya Community

Abstract The right of ethnic minorities, particularly those of the Rohingyas, have been continually and repeatedly denied in Myanmar. When Aung San Suu Kyi’s party came into power, the right of various ethnic groups, especially the rights of Rohingyas during Suu Kyi’s regime were violated. Unfortunately, the conditions for the Rohingya have continued to worsen. The findings of this research show that the human rights of Rohingya in Myanmar were challenged during Aung San Suu Kyi’s so-called democratic regime via ethnic cleansing owing to the absence of real democratic norms, unequal treatment, and state-sponsored violations of human rights against the Rohingya community. The key reasons behind the failure to ensure the rights of the ethnic Muslim minority include militarism in the democratic structure, a lack of democratic institutions, international politics and the interest of powerful countries, a lack of democratic culture, and an aggressive attitude towards the Rohingya. Finally, the paper proposes some policy implications.

Contesting the ‘Responsibility to Protect’ in Southeast Asia: Rejection or Normative Resistance?

Abstract This article explores the engagement of Southeast Asian states with the Responsibility to Protect principle (R2P) in relation to the Rohingya in Myanmar and the ‘war on drugs’ in the Philippines. It finds a form of contestation based upon subsidiary principles and local interests in which states have offered normative resistance to international scrutiny in order to justify their limited response to the atrocities. Elite stakeholders have emphasised that asean already has principles and frameworks to address abuses – which reflect the historical experience, social context, and political culture of the region – in order to support their resistance to R2P. While existing debates about the R2P principle in Southeast Asia tend to be oriented around the opposing poles of incremental adaptation and adoption versus outright rejection, our conclusion is distinct: R2P is consciously contested in Southeast Asia on normative grounds which must be understood in the context of the region.

The Lived Dystopia of the Rohingya: Liminalisation, Demonisation, and Expulsion

The prospect and willingness of the Rohingyas to repatriate are, by and large, conditioned by their past experience of living in Myanmar. Discussions on repatriating the Rohingyas are likely to fail not because they are unwilling to return but mainly because of the lack of reasonable initiatives to address the deep-rooted animosity against the minority group prevalent in the country they had to flee. This paper analyses the findings of the 50 in-depth interviews of the refugees encamped in Cox’s Bazar. It presents ten instances of injustice, nine examples of forced payments, and systemic discrimination against the Rohingyas in Myanmar. Twenty-eight per cent of the respondents reported that at least one family member or relative was killed during the atrocities in 2017. The study finds that not all Buddhists participated in the attack against the Rohingyas; some reportedly helped the victims find safe shelter. The Rohingyas in Bangladesh suffer from an insufficient supply of relief during the last days of a relief distribution cycle. To survive, they take loans and seek illegal ways for finding employment outside the camp. While awaiting the perpetrators to be brought to justice, some Rohingyas remain optimistic about a peaceful return to their home country. And others are scared of even thinking of going back to the places where they witnessed both their homes and hopes burnt into ashes. Besides proposing two short-term measures— “burden-sharing” and “internal flight alternative”—this paper underscores the need for a novel approach in finding a durable solution to the problem.

The Politics of Rohingya Ethnicity: Understanding the Debates on Rohingya in Myanmar

The Myanmar (Burmese) government has imposed denationalising policies on the Rohingya Muslim population. This paper argues that the Rohingya are an ethnic group of Burma who have been living in Burma since the eighth century AD. The article confirms an understanding of Rohingya ethnicity. This study is based on primary data from expert in-depth interview and available literature. The paper examines the government’s stand about ethnic cleansing and analyses the contested arguments of Rohingya existence in the Rakhine state of Myanmar. The evidence points to the Rohingya being an ethnic group with an established culture, distinct language, traditions and history, settled in Arakan.

The International Criminal Court Jurisdiction Towards The Deportation Issues In Myanmar

<p><em>This research aims to comprehensively analyze the International Criminal Court’s jurisdiction in adjudicating gross violations of human rights involving a non-party state of the 1998 Rome Statute and its application to the perpetrators of deportation against the Rohingya with Myanmar as the non-party state. The results showed that this jurisdiction can be implemented under three conditions, first, the crime is committed by nationals of a non-party state on the territory of a state party to the Statute. Second, the UN Security Council refers a situation to the International Criminal Court in its resolution. Third, through an ad hoc declaration that a non-party state of the Rome Statute accepts the International Criminal Court’s jurisdiction. Since the territorial jurisdiction of the International Criminal Court covers crimes that occur wholly or partly on the territory of a state party, it can be applied to the deportation against the Rohingya in Myanmar. This involved the fleeing of this ethnic group from attacks by the Government of Myanmar to Bangladesh, a state party to the 1998 Rome Statute</em></p>

The Numbers Game: Substantiality and the Definition of Genocide

ABSTRACT Substantiality is an important but misunderstood part of the concept of genocide. One problem is that substantiality holds different meanings within law and sociology. Legally, substantiality is connected to the difficulty of proving there is “intention to destroy” in the absence of a specific plan. Substantiality in this sense is a marker of the level of death and destruction required to support an inference of intent. Sociologically, substantiality is connected to popular understandings of genocide that link the gravity of the crime to the volume of destruction. Substantiality in this latter sense has been problematized by scholars who point out that genocide does not necessarily entail a greater level of harm and destruction than other atrocities, which might fall under the label of war crimes or crimes against humanity. This article examines the concept of substantiality with a view to illuminating the tension that exists between legal and sociological understandings of genocide. The article uses the alleged genocide of the Rohingya in Myanmar as a case study to demonstrate the complexity and contradictions of legal and sociological applications of the concept of substantiality. The article concludes that problems with substantiality reflect deeper problems with the recognition and articulation of the particular wrong inherent in the crime of genocide.