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Myanmar’s Crime Against Humanity : State Policy Annihilate Rohingya
By Aung Aung (Sittwe) — Local Studies, Arakan, Myanmar (Burma)
The United Nations has long characterized Myanmar’s Rohingya as one of the world’s most persecuted minorities and Myanmar consistently denies their existence or considering them illegal immigrants from Bangladesh. They have been being kept in ghetto-like villages – encompassing restrictions on religious freedom, lethal use of force, forced displacement and denial of equal citizenship rights – has not only exasperated the humanitarian crises confronting the Rohingya but also threatens to undermine democracy transition and commit crime against humanity.
To understand the nature of Rohingya problem, it is necessary to see the historical background of Myanmar dictators who violated their own laws as well as international laws. All human beings should be equal before the law; implementing particular laws for the particular people in a country is not only illegitimate but also a crime against humanity. Improving a community is possible only by elevating the young generations to the rank of humanity, not by obliterating the bad ones; spreading propaganda against other faiths or races will harm stability and prosperity of the country.
Those who are full of bad feelings and whose souls are influenced by the egoism look like human beings, whether they really are human is doubtful. Rules and regulation are beneficial to guarantee human happiness and help us attain true humanity while the apartheid policy destroys human dignity. Humanity is a tree, and nations are its branches, denying a nation for its biological and ideological differences harms existence of the tree.
Denying the existence of Rohingya and their legitimate right of citizenship, Myanmar authority has committed crime against humanity. I will explain two aspects of institutionalized violations; depriving legal rights of Rohingya and eradication of historical evidence by the State that will be enough to bring Myanmar criminals who committed crimes against humanity to International Criminal Court for trails. The front cover picture was a Rohingya under torturing by the police in SanPya (Basfara) of Sittwe and the picture in the back is some of the sick persons of Myanmar; their ideas and intentions harm humanity, who must be cured by the international community.
Apartheid, an Afrikaans word meaning “apartness,” describes an ideology of racial segregation that had been practiced in South Africa from the time of the Cape Colony’s founding by the Dutch East India Company in 1652. Keeping two different traffic lights in the black and white in the same road may damage both. Similarly, implementing the 1982 citizenship law for Muslims excluding Buddhists will never bring democracy and peace in Myanmar.
This legal analysis considers persecution of the Rohingya in Myanmar constitute genocide, as defined by the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. The Genocide Convention, which was adopted by the General Assembly of the United Nations in 1948 and entered into force in 1951, declares that genocide is a crime under international law.
I will present legal point of view and historical point of view to see the clear picture of crime against humanity against Rohingya in Myanmar. Though Rohingya enjoyed citizenship right as well as indigenous ethnic right until 1965, during the dictatorship era, General Ne Win planned to annihilate Rohingya through State policy. Ne Win, changed name of Rohingya first, then, started the institutionalized persecution. Military junta, since 1988, systematically committed genocidal process against Rohingya.
The 153-page report, “‘All You Can Do is Pray’: Crimes Against Humanity and Ethnic Cleansing of Rohingya Muslims in Burma’s Arakan State,” describes the role of the Burmese government and local authorities in the forcible displacement of more than 125,000 Rohingya and other Muslims and the ongoing humanitarian crisis. Burmese officials, community leaders, and Buddhist monks organized and encouraged ethnic Arakanese backed by state security forces to conduct coordinated attacks on Muslim neighborhoods and villages in October 2012 to terrorize and forcibly relocate the population. The tens of thousands of displaced have been denied access to humanitarian aid and being unable to return home.
Professor William Schabas, the former president of the International Association of Genocide Scholars, says: ”When you see measures preventing births, trying to deny the identity of the people, hoping to see that they really are eventually, that they no longer exist; denying their history, denying the legitimacy of their right to live where they live, these are all warning signs that mean it’s not frivolous to envisage the use of the term genocide.”
During the 1942 riots between the Rakhine Moghs and the Rohingyas, over a 100,000 Rohingya were killed and more people fled Arakan to take shelter in Southern Chittagong.4 In 2012, 1000s of Rohingya’s houses were burnt down, killed 100s of them, looted their property and kept them in the concentration camp. Daw Aung San Su Kyi did not make a statement condemning the brutal murder of Rohingya.
The Rohingya are a Muslim minority group in Rakhine State, which occupies the western coast of Myanmar. An estimated more than one million Rohingya live in Rakhine State, primarily in the northern townships. 5Since the government passed the 1982 Citizenship Act, Rohingya have been denied equal access to citizenship. Rohingya have also been subjected to grave human rights abuses at the hands of the Myanmar authorities, security forces, police, and local Rakhnes. These actors have perpetrated violence against Rohingya, claiming thousands of lives. Hundreds more Rohingya have been the victims of torture, arbitrary detention, rape, and other forms of serious physical and mental harm. Whether confined to the three townships in northern Rakhine State or to one of dozens of internally displaced persons camps throughout the state, Rohingya have been deprived of freedom of movement and access to food, clean drinking water, sanitation, medical care, work opportunities, and education.
According to Aung San-Attlee and Nu-Attlee agreement, 1947 Constitution, 1948 citizenship law, Rohingya are citizens of Burma. Rohingya could enjoy not only citizenship right, but also could participate among the decision makers of Burma. And also, according to Aung San-Attlee agreement, 1947 Constitution, 1948 citizenship law, and 1974 Constitution, as mentioned in chapter-6, Scrutiny Cards must be issued to Rohingya, instead, they were let to fill form-2 and were left them without Scrutiny Cards.
May Yu Frontier Area was administered by the Border Administration Department for directly. This administrative system was declared by the State Government and handover to May Yu Frontier Area but several of reasons halt not to arrange it practically. Initiative approach took place on 30th May 1961 for yield result in administrative system. May Yu Frontier Area is located at between East Pakistan and Myanmar fixed by Naf River for the measurement. That Frontier Area was west of East Pakistan, East to May Yu River, Sai Tin Creek, and South to Rakhine Coastline, Bay of Bengal, and North to East Pakistan. In previous time, Buthidaung Township, Maungdaw Township and North-West of Rathidaung Township were in Sittwe District. The total population of Mayu, at that time, was over 4 lakes to nearly 5 lakes in May Yu Frontier Area. Most of the people depend agriculture and fishing, 75 % of the total population in Mayu Frontier were Rohingya and a few of Rakhine, Dinet, Mro, Khami also lived peacefully with them.
Prime Minister U Nu, Deputy Prime Minister and Defence Minister U Ba Swe announced the Cabinet decided that people live in Mayu frontier were ethnic Rohingya. Later Rohingya enjoyed their indigenous ethnic broadcasting program like other ethnics from National Radio Broadcasting and Rohingya U Ba Tun was program announcer of Rohingya program. Brigadier General Aung Gyi, Deputy Chief of Defense Commander (Army) praised Rohingya saying ”You are our relatives” in his speech in Maungdaw. Deputy Prime minister and Defense Minister U Ba Swe addressed Rohingya as natives and deserved equal rights.
The word ”Arakan” was a derivation of the ancient word ’Arakha-de-sha” means the country of Arakan or land of Arakan, a Persian word which is found in line forty of Ananda Chandra inscriptions of Shitethaung pillar. ”The geographical position of Arakan makes it likely that it received Indian colonies and Indian culture and civilization from a remote antiquity, a period certainly anterior to that of Indian colonization in Burma, and probably centuries before the Christian era”.23
Arakanese Muslims were called in many different ways; Muslims, Mohamaden, Muhamedan, Bagalis, Chittagonian, Rohan, Roshan but the word Rohingya was used in 1732 for the first time. When Ibne-Batutah visited Chittagong in about 1350, he described it as a great place situated on the shore of the Great Sea and he mentioned that it was under the rule of Muslim King. This conquest of Chittagong by the Muslim king had taken place during the rule of the Arakanese king Mingai (Minhti 1279-1374) of Launggyet dynasty, when he courted the alliance of the sultans of Bengal. Rohingyas, are surely the progeny of early Indo-Aryan who brought civilization to this land. Even respected historian such as Sir Aurthur Phayre described the King of Arakan; as the King of “Roum”(Rohang). Denying the term Rohingya as an innovation of post-independence is a sheer refutation of truth and intentionally plan to annihilate Rohingya.
Though Rohingya have been living for centuries and are native of Arakan, Thein Sein government, Rakhine literature and culture association, ANP party, USDP Party, 969 and MaBaTha extremist groups labelled them illegal Bengali immigrants, they were banned to express their own name during the 2014 census, excluded them enumerative process, and Thein Sein Government broke to fulfill its commitments towards UN regarding the Rohingya issue.
On 3.6. 2012, excusing missing of U Aung Than Way, a member of Rakhine Development Party (RNDP), 100s of Rakhine gathered in a tea shop of Set Yun Su (Nazi), Sittwe and later they surrounded the Police Station. Nearly 300 Rakhine demanded the police to release Aung Than Way at 9 PM. At 10 PM, Dr. Aye Maung, Chairman of RNDP came to the Police station and demanded Aung Than Way. At 11 PM, though police released Aung Than way, the mobs attacked the police station and damaged it.
On the evening of 28 May, brother of Ma Thida Htwe, U Win Maung complained police Station of Kyauk Ni Maw that his sister was robbed, raped and murdered. The Police officer opened a case in the event, according to the section (pa)23/2012, code-302/382. The police arrested three suspects, Htet Htet @ Shofi, Rafi, Khochi@ Akwechay and sent them to Kyauk Pyu Court for trial. The rest were charged severe punishment. No one knows exactly that Htet Htet suicided or not. That can be considered as a preplanned murder case.
2012 massacre
No one exactly know how many Rohingya were killed in 2012 massacre. Many media wrote only 200 dead causality of Rohingya but accurate figure might be fifty times more. In Sittwe alone, more than 200 Rohingya died, there was a mass grave in Sittwe and MayBon. 67 Mosques and 29 religious Madrasa were destroyed.87Before the violence, more than 20000 Rohingya lived in Pauktaw, after the violence only 7000 remained in Camps, the rest were either killed or missing. Similarly, in KyaukPyu, MinPya and MyayBon, 1000s of Rohingya were missing. On October 23, 2012, at least 70 Rohingya were killed in a massacre in the Yan Thay village in Mrauk-U Township. As 2012-2013 violence were preplanned and well organized activities of army generals and Rakhine extremists for the annihilation of Rohingya, they keep Rohingya under genocidal blockage since 2012. Rohingya are not allowed to work freely, move one place to another, get medical access, and attend school, farming and fishing. Since 2012, we can see three types of Rohingya live in the ghetto-like villages; those who depend on a ration of WFP and other INGOS, those who have family members abroad and get their support, and those who face starvation and difficulties.
During dictatorship era of Ne Win, Immigration and Manpower Department of State announced 144 indigenous ethnic as an approved list of TainYintha on 9.12.1972 and it was announced again in the national newspaper on 23.2.1973 decreasing an ethnic, 143 indigenous ethnic groups of Myanmar. According to the list, Rakhine Cittagonian, Myanmar Muslim, Kaman, Maydu, and other Indian are the indigenous people of Myanmar. In the list of indigenous published in 1972, Dinet was an alien ethnic and Kokhant was not in the list at all. Later, they are included in the list and removed Rohingya and other Muslims. Who decided the exact number of 135 ethnic? Why did it remove 5 Muslim ethnics from the list, who are responsible for that? This is a symbol of hate state, Apartheid State.
The current wave of genocide started in October 2016 on the pretext of avenging alleged 9 October 2016 pre-dawn attacks on military outposts by Rohingya insurgents. This is the final phase and is designed to exterminate Rohingya people completely. In two weeks from 9 October 2016, hundreds were killed, innumerable women were raped and thousands of houses were razed to the ground and 723,000 ( UNHCR Report) Rohingyas fled to Bangladesh, and that was in addition to hundreds of thousands of them who had migrated there over time to escape earlier ethnic cleaning. Then the genocide that started on 25 August 2017 has literally spared nothing, as the current commander-in-chief of the Myanmar Armed Forces, Sr. Gen. Min Aung Hlaing regards this as the ‘unfinished business’ of ‘clearing the Rohingya.’
