ROHINGYA CONFLICT: THE INSIDE STORY, TERRORISTS OR REFUGEES?

FILE PHOTO: A boy sit in a burnt area after fire destroyed shelters at a camp for internally displaced Rohingya Muslims in the western Rakhine State near Sittwe, Myanmar May 3, 2016. REUTERS/Soe Zeya Tun/File Photo

The Rohingya people  also known as Arakanese Indians are a stateless Indo-Aryan people from Rakhine State, Myanmar. There are about 1 million Rohingya living in Myanmar before the 2016–17 crisis. They are having the major group(or majority) of muslims described by the United Nations in 2013 as one of the most persecuted minorities in the world, the Rohingya population are denied citizenship under the 1982 Myanmar nationality law, According to Human Rights Watch, the 1982 laws “effectively deny to the Rohingya the possibility of acquiring a nationality. Despite being able to trace Rohingya history to the 8th century, They are also restricted from freedom of movement, state education and civil service jobs. The legal conditions faced by the Rohingya in Myanmar have been compared with apartheid.

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The Rohingya people practice Sunni Islam along with elements of Sufism. The government restricts their educational opportunities; many pursue fundamental Islamic studies as their only option. Mosques and madrasas are present in most villages. Traditionally, men pray in congregations and women pray at home.

The Rohingyas are not refugees in India, they are illegal migrants, and that distinction must be made. They have infiltrated into India primarily through our porous border with Bangladesh, just as another 20 million or so Bangladeshis have done so over the years. Just as the Bangladeshis are not refugees in India, the Rohingya Muslims too are not.

They have settled down in various parts of India in the last decade or so: in Hyderabad, Mewat and Delhi, with more than 13,700 Bangladeshis and Rohingyas in Jammu and Samba districts where their population, according to J&K state data, has increased by over 6,000 between 2008 and 2016. Deporting them from India— should that be feasible—would be acting against illegal immigrants within the ambit of our laws and not in violation of the 1951 Refugee Convention to which we are not a party.

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The Centre has now informed the Supreme Court in its affidavit of intelligence inputs of links between some Rohingya Muslims and Pakistan’s ISI and the Islamic State, making them “ a serious security threat to the country”, with militant elements among them active in Delhi, Hyderabad, Mewat and Jammu.

In August 2017, India announced plans to deport its Rohingya refugee population, with Kiren Rijiju, its Minister of State for Home Affairs, describing the refugees as “illegal immigrants”, which echoed the Myanmar government position. Narendra Modi, the Prime Minister of India, made a state visit to Myanmar on 5–6 September 2017. While meeting State Counsellor Aung San Suu Kyi, Modi stated that “We hope that all stakeholders together can find a way out in which unity and territorial integrity of Myanmar is respected”.Modi also condemned attacks by Rohingya militants. India later updated its response to the crisis. After Modi returned to New Delhi, the High Commissioner of Bangladesh met the Foreign Secretary of India. Following the meeting, the Indian foreign ministry issued a statement saying “We would urge that the situation in Rakhine be handled with restraint and maturity, focusing on the welfare of the civilian population alongside those of the security forces”. The Indian Air Force launched Operation Insaniyat to deliver aid for Rohingya refugees in Bangladesh.

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(In Picture: Kirren Rijju, Union Minister of State for Home Affairs of India)

West Bengal Mamata Banerjee, the Chief Minister of West Bengal, called for supporting Rohingya refugees whom she described as “common people” who should not be viewed as a security threat to India

According to The Indian Express News 40,000 Rohingya muslims have illegally entered India from Myanmar and they are being trained as terrorists, a member said in the Lok Sabha on Thursday and urged the government to take action against them.Raising the issue, BJD member B Mahtab said the situation is alarming.There are dark clouds of terrorism in Jammu & Kashmir and a new terror group is emerging, he said.He claimed that many of the Rohingya muslims have Aadhaar card in J&K.

Claiming that IS is in contact with these Rohingya muslims, Mahtab said they are being trained as terrorists in the country.“It is high time the Home Ministry identifies them and removes them,” Mahtab said and wanted to know what the External Affairs Ministry has done on the matter.

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Urging the government to take action as early as possible, he said, “don’t wait for dark clouds to burst”.While mentioning about Rohingya muslims illegally coming into the country, Mahtab also remarked, “should they be treated as stateless persons?… We don’t have a refugee policy”.

At last the questions arises was that, who were rohingyas? They are refugees or terrorist.

And the next question was that such a long time ago they were living in our country with any legal ID proof. They have voter card but they were not having ration card or any legal ID proof. so, the question was that, how they were having the voter card without any legal id?

Is there any Indian politician involve behind this? Because many cases comes related to terrorist attack in India and the attack was done by these rohingyas.

By

Samyak Jain

Indore Institute of Law

B.B.A.L.L.B (1ST sem.)

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