Amidst commendable progress in Burma’s democratization, one voice in the
country has been consistently silenced. The Rohingya people are quickly
becoming the ethnic minority whose fate will likely be remembered as a
“casualty” of democracy – a type of collateral damage symptomatic of
states that make the transition from military regimes to full-fledged
democracies. In the shadow of Burma’s democratic parading, the fact
remains: the Rohingya, a 500,000 Muslim-minority group based in the
Arakan region, remain amongst the most persecuted people on the planet —
having suffered extreme persecution and discrimination throughout
history.
The persecution of the Rohingya is not a novel
phenomenon. The Hmannan Yazawin – known in English as the Glass Palace
Chronicle – is the standard account of Burma’s pre-colonial Konbaung
Dynasty; it boasts the first reported execution of a Muslim man in Burma
in 1050 AD. His name was Byat Wi, and legend has it that he was killed
because the king feared his “elephant-like” strength. Byat Wi’s nephews
also perished under the reign of Mo, Burma’s king.
The Muslim
population
has
been persecuted by successive Burmese governments ever since.
The
Rohingya were citizens of Myanmar until the late dictator Ne Win
promulgated the restrictive Citizenship Law of 1982. This law declared
the Rohingya “non-nationals” or “foreign residents” and excluded them
from one of the 135 “national races” recognized by the Burmese
government. Expelled from the army and precluded from practicing certain
religious practices – for example halal slaughtering – the Rohingya’s
political rights have been severely constrained.
Despite
settlements
in Burma since the 15th century, the Rohingya are effectively
stateless.
In June, sectarian violence erupted between Buddhists
and Rohingya groups, resulting in 80 deaths, and the displacement of
approximately 100,000 people, most of them Rohingya. This includes an
incident in which a bus was attacked by Buddhist villagers who killed 10
Muslim passengers. Human Rights Watch
has
criticized the government for
failing
to prevent the conflict, and has presented evidence demonstrating
government involvement in violence against the Rohingya. As such, the
Burmese government may be in violation of basic international law, known
as jus cogens, which includes a prohibition on crimes against humanity.
It may be argued that the government may be in breach of international
human rights law, as well as other international law obligations, such
as the UN Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials, which provides that law enforcement officials
shall
apply
non-violent means before resorting to the use of force.
Despite
the government touting its political reforms, and releasing Aung San
Suu Kyi, the leader of the opposition, from detention,
the
tide of anti-Rohingya sentiment is clearly mounting. Thein Sein,
Burma’s President, proposed a resettlement plan to relocate Rohingya to a
third country – effectively engineering the mass deportation of an
unwanted ethnic minority. Unsurprisingly, the UNCHR rejected the
proposal. Nonetheless, Buddhist protesters led demonstrations supporting
the mass deportation of the Rohingya from Burma.
The world’s
response to these events has been disappointingly weak. For a group that
has been labeled the "most" persecuted in the world, the Rohingyas have
also been one of the most ignored by the international community. As
one Harvard
Law
School report
has
noted, “the UN Security Council has not moved the process forward
as it should and has in
similar
situations such as those in the former Yugoslavia and Darfur.”
Burma’s
recent
economic liberalization must be welcomed with skepticism. Despite
the much anticipated new Foreign
Investment
Law, due for further debate in the National Assembly this month, what
comfort can investors have if they know that the country selectively
enforces the rights of its own people? In other words, Burma’s
commitment to the rule of law has yet to be tested.
Not only
have the Rohingyas been severely persecuted at home. They also find
themselves increasingly isolated in and ostracized by the global
community. Having no safe haven in Burma, the Rohingya have fled the
country in the thousands, primarily to Bangladesh. However, potentially
in contravention of its international legal obligations,
Bangladesh
closed its border and pushed many Rohingya back across the border.
Bangladesh sought to defend its actions by stating that it has no
obligation to provide refuge since it was not a party to the UN Refugee
Convention of 1951 and its Protocol of 1968. But under customary
international law, the Rohingya deserve international protection
following the targeted death of hundreds, according to Human Rights
Watch.
Recent events in the Arab world have raised many people’s
hopes that this will be the decade democracy triumphed. Burma, with its
own recent democratic political reforms,
would
at first glance seem to share in some of this democratic
excitement. Indeed, Burma has skillfully crafted a compelling public
relations campaign showcasing reforms highly valued in the West: the
freedom of the press, the release of political prisoners, and the
liberalization of its economy. But the international community
should
hold its applause until Burma faces up to its responsibilities to
the Rohingya. If the democratic project is to be complete, the voices of
the weakest and most discriminated cannot be ignored.
Lucas
Bento is an attorney in New York specializing in complex litigation and
international arbitration. Guled Yusuf is a lawyer in London
specializing in international law and arbitration.