CONTENTS

INTRODUCTION......................................................................................................................3
AIM AND OBJECTIVES..........................................................................................................3
RESEARCH QUESTIONS........................................................................................................3
What are the contentions of India for not granting refuge to the Rohingya refugees?..........3
Why have Rohingya refugees been neglected in Bangladesh?..............................................5
Unlawful pushbacks by the Bangladeshi Government......................................................5
Lack of Food and Shelter...................................................................................................6
Barriers on Aid Provision...................................................................................................6
Poor health and sanitation..................................................................................................7
Lack of Education..............................................................................................................7
What is the best way to respond to the Rohingya crisis: boycott, sanctions or engagement?
................................................................................................................................................8
LIMITATIONS..........................................................................................................................9
RECOMMENDATIONS...........................................................................................................9
CONCLUSION........................................................................................................................10
 INTRODUCTION

Rohingya is a minority Muslim ethnic group living in northern part of the Arakan state,
Myanmar named Buthidaung and Maungdaw adjacent to the Naf River (used as border
between Bangladesh and Myanmar) of Bangladesh. History says that decades long violent
outbreaks in Myanmar have forced thousands of Rohingyas fleeing to Bangladesh and then
some to India, Malaysia or other near countries with a most recent wave in 2012 and 2016.
There are two Rohingya Camps in Cox’s bazar led by UNHCR and controlled by the BD
government: Kutupalong and Nayapara in Cox’s Bazar. But importantly, only 12% registered
refugees are living here where a majority of them live in different places scattered in Cox’s
Bazar district with fear of police-arrest, abuse and want of food and other basic needs. Even
those living in UNHCR camps are also victims to different types of oppression by some local
gang groups. These make untold suffering in their lives counting them as one of the most
persecuted groups in the world.

AIM AND OBJECTIVES

RESEARCH QUESTIONS

What are the contentions of India for not granting refuge to the Rohingya refugees?

In late 2017, the Modi led Indian Government denied giving shelter and aid to the Rohingya
Muslims that have immigrated (illegally) from the persecution in Myanmar and Bangladesh.
This is a particularly peculiar case. The Indian government has as allowed refugees in the
past. Tibetans, the Chakmas of Bangladesh, Afghans and ethnic Tamil from Sri Lanka are
among those given refuge in India. 1In 2016, the same Mod- led-refugee-averting government
allowed refuges from various places like Afghanistan, Bangladesh and Pakistan to obtain
driving licence, PAN and Aadhar Cards.

So why is Indian government denying immigrants now and beginning to deport them? The
Indian government in August 2017 announced that it would deport all refugees including
1
“Why India is refusing refuge to Rohingyas” https://timesofindia.indiatimes.com/india/why-india-is-refusing-
refuge-to-rohingyas/articleshow/60386974.cms (last accessed 22/02/2017)
17,000 Rohingyas recognised by the UN. The Indian Law is concocted in reference to
refugees. UNHCR Convention Relating to the Status of Refugees, 1951 is the international
law on refugees and their immigration into safer countries. According to this convention any
country has an obligation to provide refuge to any refugees. It also has a non-refoulement
provision that prevents a country to send back refugees once it has accepted them. India
however states that it is not a party to this convention hence it is not binding on it. It further
said that he Rohingya posed “serious national security ramifications and threat” and it had
proof that some of them had links with Pakistan-based terror groups and Islamic State. 2 When
questioned about the discrimination in providing asylum to the Rohingyas in comparison to
others, the government replied that they …[decides] asylum pleas on ad hoc and case-to-case
basis.3 The Supreme Court has said the government needs to strike a balance between
national security and human rights, and that no Rohingya should be deported.4

India’s soft approach is understood to be rooted in its own security needs and geopolitical
compulsions. It is dependent on Myanmar’s help in tackling rebel groups of India’s North
Eastern states that often use Myanmar as a hideout. Myanmar is also seen as India’s gateway
to Southeast Asia, a focus area of India’s foreign policy. India is working on a special
economic zone there and a transport project linking Rakhine’s Sittwe port to its Calcutta
seaport. It sees projects like these as crucial to matching the influence of regional rival China,
which remains the biggest foreign investor in Myanmar. China has built the Rakhine port of
Kyaukphyu and in April laid a US$2.5 billion pipeline connecting it to Kunming city in
Yunnan province, securing easy access to energy supplies from the Middle East through the
Indian Ocean.5

These strategic interests are mainly why China and India are seen to be soft-pedaling
Myanmar’s treatment of the Rohingya and stressing engagement rather than punitive
sanctions and an arms embargo.

In India’s case, however, it’s not just geopolitics that is shaping its approach to the Rohingya
crisis. As Nitin Pai, director of Indian think tank The Takshashila Institution, points out, it is
Myanmar that needs India more, to balance China’s influence. In any case, India’s decades-
long courting of Myanmar hasn’t produced much more than a handful of incomplete projects,
he says.6

It’s actually India’s domestic politics that may be at the core of the sudden aversion to
Rohingya in a country not known to refuse refugees. “While the Modi government has
officially cast its position over the matter as one of engaging Myanmar partly with an eye on
limiting Chinese influence, the ruling party and its supporters have little sympathy for
Myanmar’s oppressed Muslim minority,” says Pai.7

2
“Tibetans to Sri Lankans, India welcomed all. Why not Rohingya Muslims?” http://www.scmp.com/week-
asia/geopolitics/article/2122416/tibetans-sri-lankans-india-welcomed-all-why-not-rohingya
3
Supra Note 1
4
Supra note 2
5
Supra note 2
6
“Will India Extend Protection to the World’s Most Persecuted Ethnic Minority – the Rohingya?”
https://thewire.in/186024/will-india-extend-protection-worlds-persecuted-ethnic-minority-rohingya/
The UN is also against India’s stand on this issue. It has said on multiple occasion that The
'principle of nonrefoulement' is binding on all states whether they have signed UN's refugee
convention or not. It is so because this principle is also a part of so-called jus cogens, which
is the binding customary law and every state must follow.

Another legal action by the Indian government is the amendment to the Citizenship Act of
1955. This amendment makes the naturalization process to be easier, but for Muslims. The
new bill would indeed benefit people belonging to Buddhist, Christian, Hindu, Jain,
Zoroastrian and Sikh faith, which are considered minority religions in their countries of
origin, such as Afghanistan, Bangladesh, and Pakistan, but not Muslims persecuted in their
countries of origin, such as the Burmese Rohingyas. Hence the latest proposal to deport
Rohingya.8

Why have Rohingya refugees been neglected in Bangladesh?

The Rohingya Muslims have been flowing in Bangladesh for years now but have been
constantly neglected. Some of the reasons why they have been neglected are attributed to (i)
unlawful pushbacks by the Bangladeshi Government, (ii) lack of food and shelter, (iii)
barriers on aid, (iv) poor health and sanitation and (v) .

Unlawful pushbacks by the Bangladeshi Government

Geographically Bangladesh is separated from Myanmar by Naf River which is used by the
majority of Rohingas fleeing to Bangladesh often by overcrowded wooden boat taking a
serious risk of capsizing anytime. For example: On 5th December 2016, one boat carrying 35
Rohinga capsized in the Naf River near to Jadimura village in Cox’s Bazar, according to two
survivors interviewed by local media.9

In the face of increasing number of people attempting to enter Bangladesh especially towards
the end of November 2016, the BD government deployed additional Border Guard
Bangladesh (BGB) and coastguard ships across the border with Myanmar to patrol there.
Even the BD government has attempted to keep its border with Myanmar sealed and also
claims to have pushed backed thousands of Rohingas trying to flee since 9 October 2016,
which is seemed to be a clear violation of International law.10

Before, in 2012, for the first time, Bangladeshi Coast guard pushed a lot of boats carrying
Rohingyas to Myanmar leaving their life into complete uncertainty and danger ignoring all
criticisms from different Human rights organizations like Human Rights Watch (HRW) as

7
“Where does India stand on the Rohingya refugee issue?” http://www.moneycontrol.com/news/trends/current-
affairs-trends/where-does-india-stand-on-the-rohingya-refugee-issue-2381879.html
8
“As Rohingyas Flee Myanmar, It’s Time India Drops Religious Criteria in Refugee Law”
https://thewire.in/174569/rohingyas-myanmar-refugee-law-india/
9
Aziz, Abdul. “33 Rohingyas missing as boat capsizes off Myanmar”, Dhaka Tribune, 5 December 2016
available at http://www.dhakatribune.com/bangladesh/2016/12/05/33-rohingyas-missing-boat-capsizes-off-
myanmar/
10
bdnews24.com, “Bangladesh strengthens border patrol to stop intrusion of Rohingyas fleeing Myanmar”,19
November 2016, available at http://bdnews24.com/bangladesh/2016/11/17/bangladesh-strengthens-border-
patrol-to-stopincursion-of-rohingyas-fleeing-myanmar
such. Over 3,923 Rohingyas were reportedly pushed back to Myanmar by the BD coast guard
in 2012.11

Though Bangladesh is not a party to the 1951 Refugee Convention, being a party to
International Customary Law, International Covenant on Civil and Political Rights (ICCPR)
and the Convention against Torture and other Cruel, Inhuman or Degrading Treatment and
Punishment make binding on Bangladesh to follow them. When Bangladesh closes its border
to Myanmar, it forces the Rohinga to put their lives at risk. 12 According to non-refoulement, a
customary international law which is binding on all states, an absolute ban on returning
refugees to countries where they are at risks of serious human rights violation, clearly
violates international law. Despite this, November 2016 alone experienced at least 2320
Rohinga pushed back into Myanmar and at least another 2400 additional people during the
first half of December 2016.13

Lack of Food and Shelter

Many new comer Refugees are living in different informal refugee camps of Kutupalong and
Leda, while many others have settled in villages or hided themselves in the surrounding
forests where lack of access to food, clothes, medicine has made their life extremely
unbearable. Taking shelter in the forest easily expressed their extremely poor condition like
animals or in some cases worse than animals as they are under instant risk of arrest, torture,
rape, deportation or other casualties. Cox’s Bazar, in spite of being one of the poorest districts
in Bangladesh, experienced a large movement of new Refugees in 2016 straining the
resources of the local community 14. In November 2016, an interview by Amnesty
International with aid workers in Dhaka reveals the alarming levels of malnutrition and poor
sanitation in Kutupalong, Makeshift Camp (KMC) which already houses some 40,000
unregistered Rohinga refugees.15

In the rainy season, the dwellers in Kutupalong makeshift camp wet day and night while in
hot seasons, they cannot stay inside the slums due to heat. They also suffer during the cold
season lack of blankets and other necessary items to keep them warm.

Barriers on Aid Provision

After the October 2016 incident, international aid agencies like United Nations High
commissioner For Refugees (UNHCR) and international Committee of the Red Cross (ICRC)
asked and requested the BD government to be able to register and to access to the newly
arrived Rohingas in need to provide aids. But in both cases, the BD government was
unanswered.16 In fact,the BD government fears that smooth provision of aid to the newly

11
The Stateless Rohingya, 2 January 2013, http://www.thestateless.com/2013/01/over-3923-rohingyas-pushed-
back-to-burma-in-2012.html
12
UNHCR, UNHCR Note on the Principle of Non-Refoulement, November 1997
13
Amnesty International interview with Rohingya refugee in Cox’s Bazar, 22 November 2016
14
WFP, “Enhancing food security in Cox’s Bazar”, available at
http://documents.wfp.org/stellent/groups/public/documents/communications/wfp279524.pdf
15
PHR, “Stateless and Starving: Persecuted Rohingya Flee Burma and Starve in Bangladesh”, March 2010
16
Chowdhury, Shahidul Islam. ‘Humanitarian assistance for Rohingya: UN seeks govt permission’, New Age,
2 December 2016, available at http://www.newagebd.net/article/3947/humanitarianassistance- for-rohingya-un-
seeks-govt-permission
arrived Rohingas will encourage them more to take refuge in Bangladesh and will contribute
to a pull factor, which can be more understood by one BD local government official’s speech
on Media on 3 December that “Distribution of relief among the refugees will encourage more
Rohingas to enter the country”.17

In many cases, threat of arrest and deportation back to Myanmar make the Rohinga refugees
compelled to hide themselves which is also creating barriers for the aid workers to reach aid
to the Rohingas especially those who have newly arrived in Bangladesh.18

Poor health and sanitation

In the two official camps, established in 1992 in Cox’s Bazar, UNHCR provides medical
aids. Muslim aid-UK worked some days there providing healthcare service which became
stopped after threats from BD govt. MSF-Holland (an international medical humanitarian
organization) is running a clinic in Kutupalong Makeshift Camp to supervise the health care
condition of Rohingya refugees and local population but still there is no regular supply of
sanitation and clean water there.19 Many Rohinga females are raped while going to collect
water from the hillside streams or Wells of local Bengali villages.20

Dehydration, diarrhea, fever, pneumonia, coughing and skin diseases are frequent among new
arrivals in Bangladesh in 2016. Because of regular BGB personnel monitoring in local
clinics, Rohingya refugees even fear to take medical treatment in an attempt to avoid being
detained and deportation.21 As a result, a continuous fear chases their everyday life which
deters them to get a free movement.

Lack of Education
Of the thousands of people (officially 20,000) now crammed in camps in Bangladesh, only
12% are registered Rohinga refugees living in two UN camps with access to education which
generally reveals the Truth that children outside of this percentage will break the bricks or
plant rice with other local farmers.22 However, they can get education until they are 12;
secondary education is not allowed to them.23

17
Hossain, Emran and Islam, Nurul. “Rohingyas starve as influx continues”, New Age, 3 December 2016,
available at http://bangladeshchronicle.net/2016/12/101974
18
Ehteshamul Haque , “A Case Study on How and Why Rohingya Refugees are Neglected in Bangladesh”,
19
ISAACS, Mark. September 5,2016 cited as “Stories From the Rohingya Camps in Bangladesh”
http://markjisaacs.com/displaced-people-of-asia/stories-rohingya-camps-bangladesh/
20
Ibid
21
Supra Note 13
22
Thompson,Nathan. A, “The unwanted: Rohingya refugees in Bangladesh (Persecuted and stateless) ,CNN
World News” ,July 16,2017 http://www.wfmz.com/news/cnn-world-news/theunwanted-rohingya-refugees-in-
bangladesh/588670881
23
Sattar, Maher. ALJAZEERA, 28 January 2017 cited as “Rohingya camps in Bangladesh and Thailand, worlds
apart” http://www.aljazeera.com/blogs/asia/2017/01/rohingya-campsbangladesh-thailand-worlds
170127113046730.html
What is the best way to respond to the Rohingya crisis: boycott, sanctions or
engagement?

There are three ways in which the international community should respond to the Rohingya
Crisis:

1. Offer immediate aid and assistance.

The countries around Myanmar especially and the world at large needs to provide large and
immediate aid and assistance to the refugees and the host, Bangladesh. The aid needs to
provide for both the sides as a harmony is required to be reached. The UNHCR Joint
Statement on the crisis said that the crisis requires $434 million to cover just the basic costs
without any improvement in the living standards of the Rohingyas. 24 Also, Bangladesh’s
Prime Minister Sheikh Hasina must respond to demands to deliver for her constituents first
and foremost, and a compact of this kind can generate domestic support for recognizing,
hosting, and supporting refugees now and in the longer term.25

2. Offer more than aid to the refugees

The international community should consider new policies and programs that will help the
people of Bangladesh and Rohingya succeed, including reducing trade barriers and opening
new markets for Bangladeshi companies, providing technical assistance to help the
government tackle difficult economic issues, and facilitating private sector investment that
will help Bangladesh make critical economic reforms that pay dividends in the long term.26

3. Plan for long term cure to the crisis

The world’s refugees have been displaced for an average of 10 years, and for those displaced
more than five years, that average climbs to over 21 years. 27 The reality is that there is little
prospect that the Rohingya refugees will be able to return home any time soon. While the
international community should continue to press for an end to the terrible violence in
Myanmar, they should also work with the government of Bangladesh on solutions that will
address needs now and in the long haul. The international community has an opportunity to
improve the situation in Bangladesh — not just for the Rohingya refugees, but for
Bangladeshis as well.28

LIMITATIONS

24
UNHCR. “Joint Statement on the Rohingya Refugee Crisis”, 16 October 2017  
25
Cindy Huang , “Opinion: Here's how the international community should respond to the Rohingya refugee
crisis” https://www.devex.com/news/opinion-here-s-how-the-international-community-should-respond-to-the-
rohingya-refugee-crisis-91229
26
Ibid
27
Supra note 18
28
Supra note 23
 RECOMMENDATIONS

Bangladesh government must stop the policy of Pushing back Rohingyas attempting to flee
Myanmar under threat of life and allow all international aid agencies including UNHCR and
International Red Crescent Society (IRCS) to provide aids to refugees. At the same time
international community should further support the BD government in providing
humanitarian aid. Of course it is true that these may be temporary solution where it is needed
to look at the root causes of this humanitarian crisis. Such as:

1. Myanmar government should amend the 1982 Citizenship Act to ensure citizenship
regardless of race, color, ethnic origin, gender, religion or language which will allow
Rohingya and other Muslims the freedom to manifest their religion peacefully
through worship, practice and teaching publicly or privately.
2. Bangladesh government should also ratify the 1951 Refugee Convention to ensure the
access of the people seeking asylum and refugee status determination procedures
without any kind of discrimination. They should also apply the principle of
nonrefoulement ensuring that no one fleeing Myanmar is transferred to another place
including Myanmar where their lives are at risk. The BD govt. also should ensure that
refugees, after taking refuge to Bangladesh, are not detained, prosecuted or punished
solely for their method of arrival in Bangladesh.
3. Association of South-east Asian Nations (ASEAN) states should provide all types of
cooperation and assistance to the BD government to meet the humanitarian needs of
Rohingya refugees and also should ratify the 1951 Refugee Convention to ensure
access to refugee status determination process.
4. USA, United Nations (UN), European Union (EU) and their all member states should
use all political and diplomatic tools to put strong pressure on Myanmar to stop
violation of international law in northern Rakhaine state.
5. Organization of Islamic Co-operation (OIC) should be much more active to solving
this problem through providing financial assistance and all political and diplomatic
tools.

CONCLUSION
For those Rohingya who have left Myanmar the future looks bleak. Though international
press coverage and a resolution issued by the UN General Assembly Human Rights
Committee are likely to have contributed to Wednesday’s agreement between Malaysia and
Indonesia, few countries are willing to engage with the issue. India and China, each boasting
multi-million dollar investments in Rakhine state, have been silent on the issue. The EU
appears hardly able to cope with refugees itself, and may have indirectly contributed to the
current crisis by demanding better regulation of Thailand’s fishing industry. The U.S., while
displaying little creativity in threatening to resume sanctions, has at least offered to play a
leading role in assisting Indonesia and Malaysia, both financially and in terms of
resettlement. While external actors could alleviate this crisis, they will not solve it. If
Southeast Asia is to reduce the number of people entrusting their lives to human traffickers, a
solution needs to be found within Myanmar.

It’s time for the international community to step up and offer a bold package of support that
meets the needs of Rohingya refugees. Failure to do so will worsen what is already one of the
great tragedies of our time.