SRI On-Site Action
Alert: Rohingya Refugees of Burma and UNHCR�s
repatriation program[1]
July 17, 2003
Introduction[2]
The international community continues to be highly concerned about the
curtailment of political and civil rights of the Burmese people by the military
government. The recent crackdown on Aung Sun Su Kyi and the largest democratic
party, the National League for Democracy (NLD) is an alarming indication that
the recognition of the rights and aspirations of the people of Burma has been further marginalized. Human
rights organizations particularly concerned about the human rights violations
that are being perpetrated throughout the country, and specifically in the
largely Muslim state of Arakan that has experienced
large-scale persecution of civic, economic and political rights of the Rohingya Muslim population by the military junta.
Survivors' Rights International, a Washington-based NGO working on war crimes,
crimes against humanity and genocide, is particularly concerned about the Rohingya population who has been brutalized through
systematic practices of forced labor, denial of rights to property, education
and travel. SRI is further concerned about the conditions of the Rohingya refugee camps in the south east of Bangladesh,
which were set up in 1992 to house the thousands who fled across the Burmese
border into Bangladesh to seek safety. The recent repatriation program being
implemented by the United Nations High Commission for Refugees (UNHCR) in
coordination with the government of Bangladesh has raised concerns among international
organizations about the procedures involved in the repatriation process and the
urgency with which they are being conducted. To investigate the recent
developments with regard to UNHCR's new policy toward
the Rohingyas, a representative from SRI, Tazreena Sajjad, traveled to Bangladesh in the month of June and interviewed
all officials and refugees within and outside the camps concerned regarding
this new repatriation program and the ongoing hostilities in Arakan, Burma.
Facts
�
The Rohingyas,
constitute the largest minority group in the state of Arakan
and have been subjected to severe discriminatory policies by the government of Burma. They have endured large-scale human rights violations such as
forced labor, denial of education, rights to property, freedom of movement,
religion, etc;
�
Today, there are about
21,000 documented Rohingya refugees from the state of
Arakan in Burma, in the two camps of Kutapalong and Nayapara in Teknaf, Bangladesh;
�
In addition, more than
200,000 ( and perhaps as much as 350,000) Rohingyas
live outside the refugee camps in Bangladesh alone with no formal documentation as refugees;
�
Thousands of undocumented Rakhine Buddhists have also fled to Bangladesh and live outside of formal encampments;
�
The government of Bangladesh with assistance from UNHCR has recently begun a program of rapid
repatriation of the refugees to Burma, with the latter emphasizing its need to cut down its program in Teknaf and the former eager to address the �problem once
and for all.
Summary of Recent
Developments
SRI is concerned about the possible cut-down of vital UNHCR programs
serving the Rohingya refugees in Bangladesh beginning July 2003. SRI has been
informed that increasing pressure by local UNHCR officials and the authorities
of the Bangladesh government is being placed on the Rohingya population to facilitate this process. Allegedly,
these pressures include verbal and physical harassment and ill-treatment by the
field staff to induce the refugees to repatriate against their will. This kind
of treatment is in violation of the United Nations Convention on Refugees
(1951) and is a cause for concern about the fairness and timelines of the
repatriation program itself that is being pursued with such vigor and with such
urgency. SRI is further apprehensive about the reality that the situation in Arakan, and indeed in the whole of Burma has not improved since the early
nineties. The recent incarceration of democratic leader Aung Sun Au Kyi and
members of the National League for Democracy (NLD) are perhaps indications that
the democratic aspirations of the Burmese people have suffered a huge setback.
In the context of this situation SRI urges caution in pursuing the repatriation
program and UNHCR's proposed idea of limiting its
services to the desperately impoverished Rohingya
community.
So far, the United Nations has sent the UN Secretary General's Envoy to Burma, urging the junta generals to enter
into dialogue with the democracy movement, and extended the mandate of the
Special Rapporteur for Human Rights on Burma, expressing concern about the high
level of human rights violation. The International labor Organization (ILO) has
also recommended sanctions against Burma for her widespread forced labor. Now it
is time for the UN Security Council to take the issue up.
As mentioned earlier, about 350,000 refugees fled across Burma's borders to Thailand, China, Bangladesh, and India. These refugees often live in poor
conditions, falling short of international standards, but these governments
have consistently failed to provide access to international human rights
organizations to address these problems. More seriously, as of June 1, 2003, Thailand, Bangladesh, and India, save China, have not been signatures to the 1951
Convention relating to the Status of Refugees (1951 Refugee Convention), which
is the most important refugee law and has been ratified by 142 nations[3].� This reflects not only the unwillingness of
these countries to submit to international scrutiny on their refugee policies.
A consistent legal framework is vital to refugee protection.
History of the Rohingya Muslims
The Rohingya Muslims are predominantly
concentrated in the northern part of the Rakhine State (Arakan) and
constitute about half the state's population. Shortly after the independence of
Burma in 1948, some of the Muslims carried out an armed
rebellion demanding a separate Muslim state within the Union of Burma. Though
the rebellion was squashed in 1954, Burmese administration has since then been
distrustful of the Muslim population. Even so, the Rohingyas
were close to having their ethnicity and autonomy recognized in the 1950s under
the democratic government of U Nu, but the plans were
thwarted by the military coup of General Ne Win in
1962.
Ne Win's Burma's Socialist People's Party claimed that
the Muslims of Arakan were illegal immigrants who had
settled in Burma during British rule. The central government took
measures to drive them out, starting with the denial of citizenship. The 1974
Emergency Immigration Act stripped the Rohingyas of
their nationality rendering them foreigners in their own land. The denial of
citizenship remains the root cause of the Rohingya's
endless cycle of forced migration.
In 1977, the Burmese military government launched an operation called Naga Min, or Dragon King, to register the citizens and
prosecute illegal entrants. The nation-wide campaign started in Arakan and the mass arrests and persecution, accompanied by
violence and brute force, triggered an exodus in 1978 of approximately 200,000 Rohingyas into Bangladesh. Within 16 months of their arrival,
most were forced back after bilateral agreements were made between the
governments of Burma and Bangladesh. Some 10,000 refugees died, mostly
women and children, due to severe malnutrition and illness after food rations
were cut to compel them to leave.
In 1998, the world witnessed the bloody crackdown of pro-democracy
demonstrations nationwide by the State Law and Order Restoration Council
(SLORC) in Burma. In 1990, there were elections in which the Muslims
were voted for and represented which the SLORC refused to recognize. Shortly
thereafter, the SLORC dramatically increased its military presence in the
northern Rakhine State. The junta justified the exercise as a
fortification against Rohingya Muslim extremist
insurgents. Construction of military establishments and roads sprawled
throughout northern Rakhine and along the border with
Bangladesh. The build-up was accompanied by
compulsory labor, land and property confiscation and forced relocation, as well
as rape, summary executions and physical torture. Mosques were destroyed,
religious activities were banned and Muslim leaders were harassed.
Consequently, the Rohingya population has been
streaming out of Burma into the neighboring countries for
decades.
Rohingya Refugees in Bangladesh
Today, according to the Arakan
Historical Society (AHS), there are some 200,000 more Rohingyas
living in Pakistan and 500,000 more live in Saudi-Arabia.[4]
A vast majority of them however live in Bangladesh which shares a border with Burma on the south-east frontier.
The exodus of Rohingya
refugees into Bangladesh has been going on since the late sixties, but the most recent
influx was in 1992 when 250,000 of them crossed the border as a direct
consequence of the discriminatory policies of the Burmese military regime (SPDC)
and the large-scale human rights violations that have been committed by the border
police (NaSaKa). In response to this situation, 20
refugee camps were constructed in south-eastern Bangladesh. According to the official estimates of the Bangladesh government, there are approximately 21,000 Rohingyas
remaining in Bangladesh country. They are recognized refugees by UNHCR and the
Bangladeshi authorities, and could officially only be repatriated to Burma voluntarily. UNHCR is responsible for the voluntary repatriation
process and the protection of the refugees in the camps. A few international
organizations such as WFP, MSF and Concern render practical assistance to these
refugees, including food and health care.
From and since 1992, however, large populations
of Rohingyas have entered Bangladesh who live in and around the south and south-eastern parts of the
country. Nongovernmental officials place the figure much higher at anything
between 100,000 to 350,000. They are not recognized and are seen by UNHCR and
the Government of Bangladesh as �illegal immigrants�. Many doubt if this is
really true, and blame the government and UNHCR for not being willing to
conduct a new investigation as to why the refugees came to Bangladesh. Almost all international actors believe that these refugees
certainly had political reasons to leave Burma, because of the continuing oppression. These people usually work
in the informal sector as illegal, low-paid laborers and are extremely
vulnerable to harassment by local people and police. A few hundred Rohingyas, most of them residing illegally, are currently
detained. Some were arrested for petty criminal offences, but more often only
because of their �illegality� or false accusations made by mahjees[5] or local
police. Especially the non-recognized Rohingyas in
detention do not receive any legal assistance, and are often still detained
although they should have already been released. In addition, there is concern
with regard to the situation of illegal refugees in the newly established Teknaf �makeshift camp�. More then 4,000 refugees live
there under abominable conditions with no access to food or medical aid.[6]
UNHCR and the Rohingyas
UNHCR is responsible for the protection and eventual, only voluntary,
repatriation of Rohingya refugees to Burma. Until now, UNHCR has also been
responsible for their welfare and has therefore signed Memorandums of
Understanding (MoU) with the UN World Food Programme
(WFP) and the International NGOs: Concern and Medicins
Sans Frontier (MSF). WFP is responsible for providing food in both camps. WFP
cooperates with the local NGO, Bangladesh Red Crescent Society (BDRCS), which
actually transports the food from three warehouses to the camps. During the
distribution of the food to the refugees, there is always a representative of
Concern or MSF monitoring this to prevent any unfair practices. Distribution of
food to all refugees in the camps is actually performed by volunteers who are
refugees who receive extra food in return for their services.
MSF and Concern are responsible for the health care of pregnant and
feeding women and children under 10 years of age, in Nayapara
(MSF) and Kutupalong (Concern). Concern is also
trying to extend its current small-scale skills training programs for women.
Concern is finally responsible for a few more programs in both camps such as
tree plantations and primary education. The Bangladesh Ministry of Health (MoH) is responsible for the health care of all other
refugees in the camps.
The Refugee Relief and Repatriation Commission (RRRC) of the Bangladesh
Ministry of Disaster Management and Relief (MDMR) are officially responsible
for safety, law, and order in the camps. In both camps, RRRC has actually
stalled a so-called Camp in Charge (CiC), who are the
leading officials for daily affairs.
The Repatriation
Program
UNHCR has developed a proposal for a rapid
repatriation program of the Rohingya refugees to Burma by the end of 2003 and wind down the range of services it offers
in the two camps. It cites the lack of adequate funding as one of the reasons
behind its need to limit its operations and also insists that the situation in
the Arakan state has improved substantially to allow
refugees to return to their own land. In the repatriation section of its
proposal, it has strong support from the Bangladesh government which has been engaging in dialogue with the
government of Burma to facilitate the return of the Rohingyas.
Under this new proposal which is under consideration by the government of
Bangladesh, UNHCR has begun conducting repatriation
of Rohingya families to Burma since the middle of 2003. The process
begins with providing the government of Burma with the names of registered refugees
for clearance purposes; that is, the Burmese government authenticates as to
whether these individuals were in fact citizens of Burma. Meanwhile, UNHCR begins a process of
'counseling' the refugees which involves, according to the local officials,
providing the refugees with information about the improvement of the situation
in Arakan and informing them that their situation
will become better if they return to their homeland rather than what they are
experiencing in the refugee camps in Bangladesh. Once the clearance comes
through, the refugees sign (or put finger-prints) on affidavits which serve as
their identification cards. The affidavits declare that these refugees are
being repatriated based on their own will and set out personal details. Once
the affidavits are cleared by the UNHCR officials, the refugees are taken
across the Naf river on boats to Burma accompanied by officials from UNHCR.
They are met on the Burmese side by UNHCR officers and representatives from the
Burmese government. The affidavits are handed over to the latter. According to
UNHCR, these affidavits are an additional security for the repatriated Rohingyas since they now have some formal documentation of
their identities which were previously denied to them.
UNHCR�s Proposal for Self-Sufficiency
In addition to the repatriation program, UNHCR
has also proposed to stimulate �selfsufficiency� for
the remaining, recognized Rohingya refugees in the
camps. According to UNHCR is responsible for the protection and eventual, only
voluntary, repatriation of Rohingya refugees to Burma. Until now, UNHCR has also been responsible for their welfare and
has therefore signed Memorandums of Understanding (MoU)
with the UN World Food Programme (WFP) and the International NGOs: Concern and Medicins Sans Frontier (MSF). WFP is responsible for
providing food in both camps. WFP cooperates with the local NGO, Bangladesh Red
Crescent Society (BDRCS), which actually transports the food from three
warehouses to the camps. During the distribution of the food to the refugees,
there is always a representative of Concern or MSF monitoring this to prevent
any unfair practices. Distribution of food to all refugees in the camps is
actually performed by volunteers who are refugees who receive extra food in
return for their services.
MSF and Concern are responsible for the health
care of pregnant and feeding women and children under 10 years of age, in Nayapara (MSF) and Kutupalong
(Concern). Concern is also trying to extend its current small-scale skills
training programs for women. Concern is finally responsible for a few more
programs in both camps such as tree plantations and primary education. The
Bangladesh Ministry of Health (MoH) is responsible
for the health care of all other refugees in the camps.
The Refugee Relief and Repatriation Commission
(RRRC) of the Bangladesh Ministry of Disaster Management and Relief (MDMR) are
officially responsible for safety, law, and order in the camps. In both camps,
RRRC has actually stalled a so-called Camp in Charge (CiC),
who are the leading officials for daily affairs.UNHCR,
this is partly because of �donor fatigue� resulting in decreasing funds for UNHCR�s programs in Bangladesh. The role of international organizations will be decreased,
according to the plan, and the role of the Government of Bangladesh needs to become
prominent. UNHCR itself plans to phase out all assistance by the end of 2004.[7] As a
first step, UNHCR will hand over the actual repatriation process to the
Government of Bangladesh by the first of July, although UNHCR stresses that it
will remain responsible for monitoring the voluntary aspect of repatriations.
Although all international parties directly and indirectly involved are willing
to cooperate with a plan to promote self-sufficiency, they all complained about
the complete lack of informationand consultation by
UNHCR. This results in serious uncertainties among the organizations about what
to do in the near future. All parties are extremely worried about the fate of
the refugees when international organizations are no longer able to play a �night
watcher�s role�, to prevent any further increasing pressure on, or force
toward, refugees to repatriate. In addition, the fact that the Government of
Bangladesh does not recognize the UNHCR plan is a matter of serious concern.
Even worse, UNHCR has never consulted the refugees about the plan. It seems
therefore extremely unclear whether for example UNHCR�s
time frame to implement the plan is realistic, and whether basic safety and
even survival guarantees are included in UNHCR�s
current plan.
In the third part of the proposal, UNHCR has
dictated that it will �streamline� the health care in the camps by 1 July 2003. Currently, MSF, Concern and the Bangladeshi Ministry of Health (MoH) are responsible for health care. UNHCR wants MoH to take on this responsibility. Again, there has not
been any consultation and serious discussions about it with the involved
parties. Moreover, many directly and indirectly involved parties have serious
doubts whether MoH is capable (and even willing!) to
guarantee the current quality level of care currently provided by NGOs.
Repatriation Pressure
on the Rohingyas
Despite the statements made by UNHCR that the
process of repatriation is largely error free and fair to the concerned
individuals, the refugees themselves as well as international
parties complain about Bangladeshi camp
authorities who are pressing the refugees to sign for reptriation
back to Arakan/Burma. It is alleged that a number of
refugees were probably repatriated because of increased, direct or indirect
pressure by camp authorities. According to the 2003 report issued by Burma Center Netherlands, refugees feel constant
pressure by camp authorities or the mahjees. Mahjees are camp group
leaders that maintain close contact with camp authorities. Nowadays, almost all
refugees are reluctant to repatriate because of fear about the Burmese military�s
oppression. In recent weeks and months, the pressure on the refugees to
repatriate has increased. May 2003 saw a significant increase in the
repatriation of refugees to Burma. In May, 704 refugees were repatriated. The atmosphere has grown
increasingly tense now. This causes doubt and serious concern. Large numbers of
refugees have openly stated to be against repatriation back to Burma because of the grave military oppression in the country.
UNHCR in Bangladesh plays down complaints regarding the use
of force and pressure by camp authorities and mahjees,
and does not seem to understand that many international parties, as well as
vast numbers of refugees, feel that the current oppressive policy, violence,
and ongoing human rights violations remain serious and are mounting in Burma. UNHCR, as was mentioned earlier, also
minimizes the actual oppression in Arakan, Burma. This oppression has been described,
for example, in a number of reports by ILO, United States Department of State,
and Human Rights Watch published over the last twelve months.
When questioned about the issue of forced repatriation, UNHCR insisted
that although there might have been individual cases which were effectively
dealt with after investigation of the events, there is no pressure being
applied to the refugees to return to Arakan. UNHCR's opinion on the possibility of forced repatriation
of the refugees to Burma completely contradicts all comments
made by all other local, international and Burmese parties involved, as well as
the statements made by a number of individual refugees. And although, of
course, it could be possible that some individuals exaggerate the actual
situation, it was obvious that UNHCR does not regard the consistent coercive
pressure it applies to the refugees even during the counseling sessions as a
problem. According to reports issued by the Burma Center Netherlands and Refugees International, the Rohingyas have and are experiencing intense pressure from the
camp authorities to repatriate.
According to Burma Center Holland's report on the current situation of
the camps, the mahjees (group leaders) use different
methods to press them to sign the affidavit and to sign that they are willing
to repatriate 'freely.' For example sometimes the mahjees
fabricate false accusations against the refugees, some mentioned that the mahjees used physical or psychological violence and others
said that the mahjees and 'volunteers' prevent
'unwilling' refugees from getting sufficient rations or materials to repair
their sheds. It is obvious that the mahjees have a
good relationship with the camp authorities (CiC),
that they monitor the activities of the refugees and tell the CiC about this. Refugees often feel afraid to complain to UNHCR's Protection Officer, who is formally responsible for
handling such problems or allegations.
SRI does not doubt that there are refugees who are willing to return to
their own country and that they are being repatriated without undue pressure from
UNHCR officials and/or officers of the Bangladesh government. However the allegations of
forced repatriations and the alleged use of force and coercion to make the
refugees return to Arakan, especially when there
seems to be little evidence that the situation there has improved considerably,
is of serious concern and should be further investigated and monitored by
independent organizations and of the international community. SRI is
sympathetic of the Bangladesh government with regard to internal
strain on resources with huge influxes of Burmese refugees in a country that is
currently overpopulated. However, SRI is critical of the stance that the
government has taken on the rapid repatriation program. In addition, SRI wishes
to express deep concern about UNHCR's method for
handling the refugee crisis without ensuring that the refugees being returned
to Arakan will be protected from further oppressive
policies and targeted violence or other serious human rights violations by the
Burmese military government. SRI is also concerned about the stark absence of
other international organizations in deciding the future of the refugees.
Without allowing WFP, Concern and MSF to play substantial roles in the camps, a
very relevant 'night watchers role' is missing, possibly further increasing
pressure on the refugees to repatriate to Burma against their will. Finally, SRI is
concerned about the conditions of the many refugees who are outside of the
official camps and who are denied access to medical or food aid by INGOs.
Recommendations
In light of the situation concerning UNHCR and
the Rohingya refugees, SRI recommends the following:
1. The Government of Bangladesh should urgently
allow UNHCR and INGOs to give assistance to the
refugees in Teknaf �makeshift camp� Tal) as soon as possible;
2. The international donor community should
increase their financial and logistical support to UNHCR and WFP-programmes to the Rohingya
refugees in Bangladesh as long as there is no significant positive change in Arakan, Burma;
3. UNHCR should openly communicate with all
involved IOs and NGOs such as WFP, MSF and Concern,
regarding its �self-sufficiency� program for recognized refugees and start a
real consultation process which should especially include the refugees
involved, guarantee a �safety net� during the transition period and continue to
allow international organizations to aid the refugees and play a �night watcher�s
role�;
4. UNHCR should seriously consult all involved
actors (especially Concern and MSF), to actively cooperate with them for the
implementation of any new plans with regard to its plan to �streamline� the
health care in the camps;
5. Bangladeshi authorities should address the
following:
a. Halt current pressure on
refugees to repatriate;
b. Investigate and remedy
forced repatriation by camp authorities in the two official refugee camps;
c. Immediately release all
non-criminal refugees from detention;
d. Immediately release all
refugees which have finished their term; and
e. Provide legal assistance
to all refugees in detention;
6. Call upon the Government of Burma to stop its
oppression (including forced labour, lack of
religious freedoms and lack of freedom of movement) and discriminatory policy towards
the peoples in Arakan in general and the Rohingya-Muslims particularly.
For further
information please consult the following articles:
1, Burma�s Rohingyas: The fate of one forgotten
community in Bangladesh; Veronika Martin and Kavita Shukla; Refugees
International.
2. Burmese Rohingyas
in Bangladesh Face Uncertain Future; Veronika Martin
and Kavita Shukla; Refugees
International.
3. Lack of Protection Plagues Burma�s Rohingya Refugees in Bangladesh.
4. Rohingya Muslims:
Problems and Suggested Action Program; Mohammed Burhan
Uddin; Bangladesh Public Administration Training Center; Savar, Dhaka; June 2000.
5. UNHCR Bangladesh � Country Report; January 1- December 31, 2002
6. 10 Years for the Rohingya
Refugees in Bangladesh: Past, Present and Future
7. Persecuted Muslims Fear Deportation to
Military Burma; December 3, 2002
SRI wishes to
thank the following for assistance with its research:
1. Refugee Counseling Service Unit (RCSU), UNHCR
Project, Dhaka, Bangladesh.
2. Concern International, Dhaka, Bangladesh.
3. Medicins Sans Frontier;
Dhaka Bangladesh.
4. National Defence College, Mirpur Cantonment, Dhaka, Bangladesh.
5. UNHCR, Dhaka, Bangladesh.
6. Bangladesh Public Administration Training
Center.
7. Department of Political Science, Dhaka
University, Dhaka, Bangladesh.