- Stars (0)
BURMA’S ROHINGYAS IN CRISIS: PROTECTION OF ”HUMANITARIAN” REFUGEES UNDER INTERNATIONAL LAW
THOMAS K. RAGLAND — Editor in Chief, BOSTON COLLEGE THIRD WORLD LAW JOURNAL.
Since late 1991, large numbers of Muslims have fled their homes in Burma’s northwestern Arakan state seeking refuge in neighboring Bangladesh. Striving to escape widespread murder, rape, torture, forced labor, and ethnic and religious persecution at the hands of the Burmese military, over 220,000 refugees, known as Rohingyas, now reside in makeshift camps along the border. Conditions in the camps have steadily worsened: as more refugees have arrived, the Bangladeshi government has withheld food rations, slowed the construction of shelter, and imposed other restrictive measures to compel the refugees to return to Burma. Many refugees have even been beaten, raped, and robbed by local police. In addition, the Rohingyas-particularly the children-suffer increasingly from a high death rate, a variety of health problems, and widespread malnutrition. Since December 1991, more than two thousand refugees have died in the camps.
In early 1992, the Burmese and Bangladeshi governments, with the involvement of the United Nations High Commissioner for Refugees (UNHCR), agreed on a plan to allow the return of some Muslims to Arakan. Enforcement of the agreement, however, immediately encountered difficulties. The UNHCR and the international community rejected Burma’s terms, which not only limited reentry to those refugees who the government deemed ”genuine citizens,” but also did not guarantee that international groups would be allowed to monitor the repatriation process.
Fearful of further abuses by the Burmese military, refugees in the camps have vigorously resisted being returned to Arakan, In November 1993, Burmese officials finally agreed to provide the UNHCR access to Rohingyas who are repatriated from Bangladesh and to allow international monitoring of the human rights situation in Arakan. however, face an uncertain future, including the risk of renewed abuses at the hands of the tatmadaw, Burma’s 300,000-strong army. Human rights violations are widespread in Burma. For nearly six years, the nation has been ruled by a military junta known as the State Law and Order Restoration Council (SLORC). In 1988, following the nationwide peaceful antidemocracy demonstrations that brought down the country’s long-standing military dictator, the SLORC seized power in a coup and violently crushed popular opposition. The resulting massacre left thousands dead and hundreds of thousands either imprisoned or displaced. A large number of student activists fled to mountainous regions along the Thai-Burma border.
The world’s refugee situation is not hopeful, with more than sixteen million persons currently displaced from their countries of origin-unable, or simply too afraid, to return home. Nevertheless, by pursuing all available means to secure international protection, humanitarian assistance, and voluntary return or resettlement, today’s refugees-including the Rohingyas of Arakan-may become tomorrow’s recognized and respected national citizens.
