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Human Rights for the Rohingyas

Known as the “boat people” owing to their mass exodus via the waterways, the Rohingyas are an ethnic group in Rakhine State, northwest of Myanmar, majority of whom are Muslims. Of the estimated 1.2 million population, close to 900,000 (Al Jazerra, 2017) of them have been expelled from Myanmar seeking refuge in nearby Cox’s Bazaar for allegedly being illegal immigrants from Bangladesh and India, hence, non-citizens of Myanmar. In some occasions, Buddhist monks would even refer to them as “Bengali terrorists” who are spawning discord in Myanmar.

While Myanmar is home to around 135 ethnic groups, making it one of the most culturally diverse countries in Southeast Asia, the Rohingyas are not one of them. In fact, they have been rendered stateless and were stripped off of their citizenship by virtue of the 1982 National Citizenship Act of Myanmar. In effect, the said law deprived the Rohingyas citizenship en masse and were eventually issued Temporary Registration Cards (TRCs) for purposes of census and tracking.

Despite this non-recognition since 1982, Rohingyas were still allowed to participate in democratic elections until 2010 and fielded candidates to the Parliament – a right reserved to the citizens of Myanmar only. It was only in the 2015 elections that Rohingyas were completely barred from participating. Rohingyas argue on the other hand that they are citizens using historical and legal records, that is, they are legitimate Burmese descendants from centuries past and not immigrants.

The anti-Muslim sentiment in Rakhine State grew over time resulting to the mass displacement of Rohingyas fleeing from the brutal military offensives staged by the Myanmar military forces. They are now separated from the rest of the population through what seem to be a concentration camp that is fenced and is heavily guarded which Amnesty International (2017) described as being “caged without a roof,” in a report bearing the same title.

In the said report, AI (2017) found serious violations of international human rights law and international humanitarian law which would include: 1] denial of nationality, 2] restriction of freedom of movement, 3] deprivation of health, education, livelihood and opportunities to practice their religion, 4] political exclusion, 5] commission of apartheid as a crime against humanity, and 5] genocide.

Sadly, Myanmar’s Nobel Peace Prize laureate, Aung San Suu Kyi, remained adamant in her strategic silence over the Rohingya crisis giving the international community the impression of her being complicit to the alleged ethnic cleansing in Rakhine State. This has been described by some as the ultimate paradox of the century. While Aung San Suu Kyi hailed as a global icon of justice and democracy, she chooses to be deaf and mute to the cries of injustice and abuse. She has to make a choice whether to remain part of the problem or be the hope for a possible resolution to the crisis.

While it is undeniable that the military in Myanmar still holds a sizeable amount of power in areas of defense, home affairs and border affairs making civilian authority relatively weak despite the restoration of democratic governance, at the very least Aung San Suu Kyi must speak truth to power and call for an independent fact-finding mission to validate claims and counter-claims of alleged human rights violations. After all, she still has the whole civilian authority, supported by a “discipline-flourishing democratic” constitution at her disposal, with only 25% of the Parliament reserved to the serving military officers.

Sometime in September of 2017, she broke her silence by saying that her government is still very young and has no intention to abnegate its obligations to protect and respect human rights. The primacy of human rights as a universal, inalienable, indivisible and non-discriminatory tool to freedom and justice must not be compromised and must not yield even to political concessions. She must remain true to her words.

Specifically, Aung San Suu Kyi may optimize her access and influence to civilian authorities in the parliament in Myanmar by calling for the repeal of the 1982 Citizenship Law denying Rohingyas citizenship. Nationality is a right that must be enjoyed by all people across the world. Through this, displaced Rohingyas are able to return to their homes based on free and informed choices, be allowed to seek redress for their losses, and be recognized as equal therefore free from any forms of discrimination.

In the interim, Aung San Suu Kyi must ensure access to international humanitarian assistance for the internally displaced Rohingyas and other ethnicities who were also affected by the crisis while working out on a safe homecoming for her people.

(photo: cnn.com)

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