Explained: The Rohingya crisis and India’s stance on asylum seekers

The Rohingya are a Muslim minority living in predominantly Buddhist Myanmar.

New Delhi:

The Center today told the Supreme Court that India, the world’s most populous developing country, should prioritize its own citizens, while highlighting national security concerns over the illegal entry and stay of Rohingya refugees. The statement came in response to a court petition urging the release of Rohingya refugees detained for alleged violations of the Foreigners Act.

The Rohingya crisis is a humanitarian disaster that has attracted international attention because of its scale and complexity. The Rohingya people from Myanmar have faced persecution and violence for decades, leading to mass exodus from their homes.

The Rohingya, mostly Muslims, have fled ethnic conflict in predominantly Buddhist Myanmar and sought refuge in India, Bangladesh and neighboring countries.

Who are the Rohingyas?

The Rohingya are a Muslim minority living in predominantly Buddhist Myanmar. Although they have lived in the country for generations, they have been systematically deprived of citizenship since 1982, leaving them stateless and without basic rights, according to the United Nations. The term “Rohingya” emerged in the 1950s as a means for the community to maintain its collective identity and historical ties to the region.

source of crisis

The UN Human Rights Council said in a report that decades of discrimination and marginalization of the Rohingya people by the Myanmar government laid the foundation for the crisis. Restrictive citizenship laws, restrictions on marriage, family planning, education, and freedom of movement exacerbate community suffering.

Rakhine state, where most Rohingya live, is Myanmar’s least developed region and a continuing flashpoint for tensions between Rohingya and other ethnic groups. Sittwe, the state’s capital, is nearly 650 kilometers away from Napyitaw, the capital of Myanmar.

Violence escalates

The crisis escalated dramatically in August 2017 when the Rohingya rebel group Arakan Rohingya Salvation Army (ARSA) launched attacks on Myanmar police and army posts in Rakhine State. Myanmar’s military responded with a brutal crackdown characterized by widespread violence, mass killings and the burning of Rohingya villages. Hundreds of thousands have fled across the border into neighboring Bangladesh to escape the atrocities.

The international community has condemned Myanmar’s actions, with many labeling them ethnic cleansing or even genocide. The United Nations, human rights groups and various countries have called for accountability and justice for the Rohingya. Legal proceedings have been initiated in international courts, including cases at the International Court of Justice (ICJ) and the International Criminal Court (ICC). Several countries and organizations have imposed sanctions on Myanmar’s military leaders.

refugee crisis

Most Rohingya refugees seek asylum in the overcrowded camps in Cox’s Bazar, Bangladesh. Living conditions in these camps are harsh, often made worse by the annual monsoon season, which brings floods and landslides. Disease outbreaks and lack of basic necessities pose major challenges to the well-being of Rohingya refugees.

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The Kutupalong refugee camp in Cox’s Bazaar is widely considered the largest refugee camp in the world, even larger than Umra Quba refugee camp in Sudan and Zaatari refugee camp in Jordan.

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Regional dynamics and India’s position

The Rohingya crisis has regional implications, with refugees seeking asylum in neighboring countries such as India, Malaysia and Thailand.

According to a 2019 report by the US think tank the Council on Foreign Relations, some 18,000 Rohingya refugees have been officially registered with the United Nations refugee agency, but Indian authorities estimate the total Rohingya population in the country to be about 40,000. The Indian government has been actively seeking their repatriation. According to reports, India has deported a large number of refugees back to Myanmar since the end of 2018.

A Rohingya refugee watches on a National Search and Rescue Agency (BASARNAS) boat after being rescued from a capsized boat

A Rohingya refugee watches on a National Search and Rescue Agency (BASARNAS) boat after being rescued from a capsized boat
Image source: AFP

Now, the Rohingyas have also been included in the debate over the Centre’s handling of the Citizenship Amendment Act (CAA). The CAA aims to grant citizenship to immigrants from Bangladesh, Pakistan and Afghanistan, excluding Muslims, who fled religious persecution and entered India before 2015. In response to the opposition’s criticism of national security issues related to the CAA, Union Home Minister Amit Shah questioned why there was no objection to the entry of Rohingya refugees.

The Center said India has not ratified the 1951 Refugee Convention or its 1967 Protocol. Therefore, determining whether a group should be recognized as refugees is simply a matter of policy.

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