Assignment On

"Violation of Human Rights Against

Presented By

Asadusjaman
Prologue
Human rights violations in Myanmar under its military regime have long been regarded as
among the worst human rights crimes in the world. International human rights organizations
including Human Rights Watch, Amnesty International, and the American Association for the
Advancement of Science have repeatedly documented and condemned widespread human rights
violations in Myanmar. The Freedom in the World 2011 report by Freedom House notes that
"The military junta has... suppressed nearly all basic rights; and committed human rights abuses
with impunity." On 9 November 2012, Samantha Power, US President Barack Obama's Special
Assistant to the Human Rights wrote on the White House Blog in advance of the President's visit
that "Serious human rights abuses against civilians in several regions continue, including against
women and children." The Myanmar ruling junta has nearly violated all human rights mentioned
in the Universal Declaration of Human Rights 1948. These human rights violations will be
discussed hereunder.

Background

The Rohingya, from the state of Rakhine of Myanmar which shares the border with Bangladesh,
have long been subjected to continuous persecution and extreme violence. The recent massacre
has been described as a ‘text book example of ethnic cleansing’ by the UN and as ‘genocide’ by
the Rome-based Permanent People’s Court. The ruthless and systematic killings and torture of
unarmed innocent civilians in the name of ‘clearance operation’ were so designed and executed
by the Myanmar military that they were forced to flee for life and shelter to the Cox’s Bazar area
of Bangladesh in tens of thousands, overwhelming majority of those are women and children.
Although the Myanmar authority has been denying these, impeccably credible evidences
available from absolutely independent sources show that the atrocities bear the hall-mark of
deliberate and pre-planned crime against humanity. The recent crack-down has been absolutely
disproportionate response to the alleged attack on police stations by the militant forces as the
army and militias have been using deadly weapons, firing from the helicopters and using land
mines in the bordering areas and all other violent means including arsons to commit murder, rape
and burning down Rohingya homes. They spare no men, women, the elderly and children from
their brutal wraths. The recent vicious crackdown by the security force and local Buddhist
people, have contributed to a new influx of Rohingya refugees to Bangladesh since 25 August
and near about 800,000 Rohingya refugees have crossed over to Bangladesh.

The Rohingya are recognized as the most oppressed-stateless people of the world. The 1982
Citizenship Law, which excluded Rohingya from the list of national races, and stripped them of
their citizenship, is exacerbated discrimination. The Myanmar government refers to Rohingya as
‘Bengali’, indicating that they are illegal immigrants. This population is subjected to restrictions
on their freedom of movement, limiting their access to livelihoods, healthcare, food, education
and other basic services. Rohingya are allowed to have a maximum of two children, but birth
certificates are not issued to Rohingya children (HRW, 2016). Rohingyas are restricted in their
movement, with limited ability to leave their living areas. The recent Rohingya influx in
Bangladesh was the culmination of brutal attack by the security forces.

Violations of Human Rights Against Rohingya

When it comes to the violation of human rights in respect of Rohingya people it's not only
Myanmar but Bangladesh has also been alleged to have violated human rights, however pity they
might be are. For a clear understanding, violations made by both the countries are discussed
separately.

Violations of Human Rights by Myanmar Against Rohingya

In 1962 Burma gone under the military regime, the then military gov. labeled Muslims as
foreigners by Burma Citizenship Law 1982 and effectively reduced their status as stateless. In
the post-independence period, some of the Rohingyas tried to redress their grievance by taking
up arms but they lay down their arms on false promise of granting all of citizen’s rights and
semester treatment. After that Burmese authorities repeatedly broke their promises whereas they
are forcibly expelled from the country to escape persecution. During 1962 to 1978, Burmese
army general Ne Win declared Rohingya Muslims of Arakan as terrorist. In 1980, General Ne
Win forced them to flee the country by the initiation “Operation Dragon” around 30,000
Rohingya entered in Bangladesh in 1978, some of them returned in 1982 staged according to
Burma Citizenship Law 1982. From then onwards the Rohingya witnessed a painful
transformation of their status from “statelessness” to Refugee hood in modern time.

Deprivation of Citizenship

In 1982, General Ne Win passed Burma Citizenship Laws 1982. This law made Rohingyas alien
in the land of their father, fore fathers and ancestors. According to section 3, of this Act ‘Persons
belonging to the Burmese race such as the Kachin, Kayah, Karen, Chin, Burman, Mon, Rakhine
or Shan and ethnic groups as have settled in any of the territories included within the State as
their permanent home from a period anterior to 1185 B.E., 1823 A.D. are Burma citizens.’ Also,
the word ‘National’ belongs importance in this law because by the section 5 say ‘Every National
is a citizen’. So, the law seemingly did not count the Rohingya as one of the ethnic groups in
Burma to become nationals and as a result citizen. Simply Rohingya are not citizens of present
Myanmar state as per its laws.

Apart from national, if any person born within the territory of Myanmar may become a citizen.
When he or she fulfills a host of other conditions. The question of granting citizenship and to
decide whether any race is a national or not, depends on the council of Minister. In case of
Naturalized and Associate citizenship, Central Body is the only authority to allow with
conclusive evidence. This implies the recognition of Rohingya as citizen is not fully closed but
up to the consideration of the political authorities. Rohingya Arakanese Refugee Committee
named this law as discriminatory law or black law. This is a clear violation of Article 2 of the
UDHR. Article 2 of the UDHR states-

‘Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, color, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status....’
Forced Labor and Looting of Properties

Burmese government policies (policies of forced labor and forced displacement) are ultimately
responsible for the influx of refugees into Thailand, Bangladesh, and other countries. Rohingya
are forced by the local government authorities continuously to perform compulsory unpaid labor,
with a view to construct “Model Villages” for Non-Muslim migrants in Arakan. Though, forced
labor is a violation of Human Rights under International Covenant on Civil and Political Rights
1966 (hereinafter ICCPR) Article 8(3a).

By denying their citizenship, Burmese government has deprived them from all of their national
rights, as well as right owing land, property title and land grabbing and other forms of Human
Rights abuses. Report of Amnesty International 2004, mentioned people are forced to maintain
camps, build and repair roads, build the gas pipe line, work on plantations belonging to Nasaka,
provide firewood in the military camps, fetch water bake bricks and also perform sentry duties at
night in their own village. Extortion, looting and theft of money, livestock and property by local
military, police and Nasaka is a daily occurrence for the Rohingya. They have been subjected to
expulsion and forced eviction, relocation and arbitrary possession of land and property. The
government of Myanmar is the owner of all the land of this country and only citizen can acquire
land use rights. Since Rohingya are not considered citizen by the Government of Myanmar
(hereinafter GOM), their lands were confiscated and many were uprooted, relocated to new areas
from the place they have been living for decades. The State Peace and Development Council
(hereinafter SPDC) has a policy of relocating Rakhine families into new “Model Village”, to
construct that village seized Rohingya land and forced to unpaid labor. Report of the ILO
(International Labor Organization) said, Myanmar is a model of slavery practice, where forced
labor is widely practiced.

Massive Killing, Sexual Harassment and Physical Torture

In 1977, Burmese and Military authorities conducted operation Nagamin (Dragon king), a
national effort to register citizens and screen out resident foreigners. By May of 1978, more than
200,000 Rohingya had fled to Bangladesh. Refugees reported that the Burmese army had
forcibly evicted. The Rohingya woman and children had been victims of rape and sexual
violence rapidly by the army, local Nasaka soldier or by Rakhine civilians. In Burma, Rohingya
people faced both armed and physical violence by the government and Nasaka on those large and
notorious operation of Nagamin and King Dragon, where mass arrest of Muslims, male and
female, young and old torture, rape and kiting was a common feature. In northern Arakan State,
the Nasaka border guard force, the army, police committed killings, mass arrests, and looting
against Rohingya. In June 2012, deadly sectarian violence erupted in western Burma’s Arakan
State between ethnic Arakan Buddhists and Rohingya Muslims (as well as non-Rohingya
Muslims). When the violence brock out, Arakan woman were raped and killed in the town of
Ramri, Human Rights Watch confirmed that local police and soldiers stood by and watched the
killings without intervening.

Where the right to life, liberty, and security is a basic fundamental demand of every human
being. Everyone has the right to be recognized as a person before law. In Myanmar people
(Rohingya) are subject to a pathetic victim of violation of human rights where not only violence
occurred but also victims do not have right to get justice.

According to Amnesty International, the Rohingya people have continued to suffer from human
rights violations under the Burmese junta since 1978 and many have fled to neighboring
Bangladesh as a result. As Amnesty International puts it-

‘The Rohingya’s freedom of movement is severely restricted and the vast majority of
them have effectively been denied Burmese citizenship. They are also subjected to
various forms of extortion and arbitrary taxation; land confiscation; forced eviction and
house destruction; and financial restrictions on marriage. Rohingyas continue to be used
as forced laborer on roads and at military camps, although the amount of forced labor in
northern Rakhine State has decreased over the last decade.’

During 1991–92 a new wave of over a quarter of a million Rohingya fled to Bangladesh. They
reported widespread forced labor, as well as summary executions, torture, and rape. Rohingyas
were forced to work without payment by the Burmese army on infrastructure and economic
projects, often under harsh allegations.
Freedom of Movement & Access to Court

Rohingya have no right to enjoy freedom of movement outside the Arakan. They are restricted to
go to the other parts of Myanmar except for Arakan. They are not allowed to go anywhere
beyond their village boundaries without getting permission from the local Peach and
Development Council chairman. Whereas there is a well-established international law principle
recognized by the Article 13 of the Universal Declaration of Human Rights and Article 12 of
ICCPR (International Covenant on Civil and Political Rights) as the right to freedom of
movement. The mentionable point is, the Myanmar government violates Article 17 of her
constitution, which ensure the rights to freedom of movement. Lack of freedom of movement is
another major cause to leave Myanmar.

Whereas, the Constitution of Myanmar ensure the rights of equality, rights of freedom, rights
relating to religion to all citizen irrespective of birth, race, sex, religion. Unfortunately,
Rohingyas became the worst victim of violation of those fundamental rights by GOM
(Government of Myanmar) respective of race, somehow religion, class and subsequently they did
not get an opportunity to invoke the jurisdiction of the supreme court for the enforcement of their
rights guaranteed in Article 25 of the constitution. Moreover, Rohingya had been victim of rape,
sexual violence, forced labor, looting dwelling house property, land property etc. Ironically, they
can’t do anything about those because they are deprived of the right to get justice and protection
before law.

Deprivation from Education and Religious Practice

Myanmar government allowed Rohingya to their state-run schools only for primary education,
beyond primary they cannot seek education for secondary. GOM reserves secondary education
only for citizens. For the lack of citizenship, Rohingya are not allowed in civil services. They
cannot be teachers or health workers, and are not permitted to participate formally in local
government. Whereas International law guarantees accessibility to secondary education in all
spheres. In case of religious practice, Rohingya, who are predominantly Muslims, do not have
religious freedom and cannot practice their religion with dignity and honor. GOM does not allow
the Muslims to build mosques, imposed restriction on caring out funeral rights to the graveyards.
Rohingya are not allowed by the regime to obtain a government employment. Whereas, in
Bangladesh they are not faced any restriction on religious practice because of country’s Muslim
majority. Rohingya have been victimized in Arakan because of their religious belief, they are
warned to wear Muslim dress or to grow beard. International laws ensure the rights to freedom of
religion, to manifest religion or belief in teaching, practice, worship and observance for all
human being. The previous constitution of Myanmar guaranteed religious right and said, all
persons are equally (not only citizen) entitled to freedom of religious practice. However, an
amendment in 2008 of Article 34 declares freedom of religious practice for all citizens. Since,
Rohingya are not citizen at all, they don’t get to enjoy those rights.

Violation of Human Rights Against Rohingya by Bangladesh

Bangladesh is neither a signatory to the convention on the status of refugees 1951 nor to its
protocol of 1967. Protection of all fundamental Human Rights is a constitutional guarantee in
Bangladesh. From that point of view Bangladesh is pledge bound to honor the convention.
Bangladesh does not have any refugee law as such, but when refugee entered into Bangladeshi
soil, the government came under an obligation to provide them basic necessities of life though.
They gave detained refugees food and basic medical attention. It is obligated under the
customary international law principle of non-refoulement not to reject asylum seekers at its
border when they are fleeing threats to their lives or freedom. Bangladesh government
technically denied the right to be employed in gainful employment to refugee, as they are
confined to a particular area (Camps) and restricted to go beyond the certain area or move freely.
It’s a violation of UN Convention by Bangladesh.

UN Convention mentions the personal status and right of association but in Bangladeshi Refugee
Camps Rohingya are not allowed to form any committee or association. Bangladesh Government
does not provide travel document to the Rohingya refugee for going outside the country
moreover imposed restrictions to move beyond the camp area. Whereas UNHCR said to give
travel documents to refugee. There are some allegations.
Epilogue

At the end this can be easily stated that Rohingya are the victim of discrimination by the
Government of Myanmar. Earlier by the Citizenship Law 1982 and now by the Constitution of
the Republic of Myanmar 2008, which expelled them legally by declaring them foreigners. The
legal obligations both Myanmar and Bangladesh require protecting all people especially the
Rohingya within their territories or subjected to their jurisdictions, regardless their status as
citizens, stateless persons or refugees. Factually the Rohingyas are persecuted in Myanmar and
neglected in Bangladesh. Over all they became an example of violation of human rights in global
context. It is shows that human rights violations have been persistently occurring both in
Bangladesh and in Myanmar. Both the countries are playing a key role in violating the human
rights of a poor and stateless people i.e. the Rohingyas. The pattern of violation, though different,
in continuous, varying in degree and symmetrical in substance.

Myanmar being a long cherished authoritarian regime is not unlikely to become somewhat anti-
human, but what this article proves is that Bangladesh is no exception. Being a democracy for
more than two decades Bangladesh is supposed to be more human to its treatment to the
Rohingya, but the state, as it appears, miserably fail to meet the expectations.

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