Crossman Georgetown 0076M 12771
Crossman Georgetown 0076M 12771
Crossman Georgetown 0076M 12771
A Thesis
submitted to the Faculty of
The School of Continuing Studies
and of
The Graduate School of Arts and Sciences
in partial fulfillment of the requirement for the
degree of
Master of Arts in Liberal Studies
By
Georgetown University
Washington, D.C.
September 29, 2014
MYANMARS ROHINGYA REFUGEES
THE SEARCH FOR HUMAN SECURITY
ABSTRACT
The aim of this thesis is to analyze the human rights violations against one
population with central government support, in order to call the international community
Rakhine state. The scope of this thesis, which is organized in five chapters, focuses on
the early 21st century from 2000 2014, but it includes earlier background information
on Myanmar and the plight of the Rohingya. This thesis includes a Preface, which
contains maps and images of Myanmar and its people, for the benefit of the reader.
the stage for understanding this problem from pre-colonial times to 1999. Chapter II,
examines the implicit government policies from 2000 2014 that target the Rohingya
for extermination. This chapter analyzes Myanmars political, economic, and socio-
cultural intolerance for the Rohingya that have left them stateless and forced them to
flee Myanmar for security in neighboring states like Bangladesh, Thailand, and
international community, consisting of the United States (US), European Union (EU),
ii
United Nations (UN), and Association of Southeast Asian Nations (ASEAN), to pursue
all peaceful means available to end the abuse of the Rohingya under the international
Peacebuilding Plan for Ending the Plight of the Rohingya, identifies possible paths for
integrating the Rohingya politically, economically, and socio-culturally into the fabric
of Myanmar society as citizens of the country, with protection from different forms of
Rohingya will pave the way for more peaceful relations between Myanmars majority
Buddhist population and its diverse minority ethnic and religious groups. Without
peaceful relations with these minority groups, like the Rohingya, Myanmars tenuous
iii
ACKNOWLEDGMENTS
First and foremost I must extend my sincerest gratitude to Dr. Pamela Sodhy for
her endless support during the creation of this thesis and for encouraging me to study
Southeast Asian affairs further. Without the expertise, patience, and practical and moral
support of Dr. Sodhy, this thesis would not have been possible. I greatly appreciate the
time and dedication to detail that Dr. Sodhy provided me to ensure that I completed my
best possible product. I could not have asked for a better mentor.
Studies faculty who dedicated their evenings and weekends to sharpening my research,
analytical, and writing skills in the field of international affairs. In particular, I would
like to thank Dr. Michael Wall for his insightful courses on US foreign policy and for
taking a sincere interest in shaping me to become a better writer. Much of the initial
research for this thesis was undertaken with the support of Joseph Smaldone, whose
guidance I gratefully acknowledge. I would like to thank Anne Ridder for her
the completion of this thesis. Dr. Benjamin Bogin also deserves special mention for his
my understanding of Buddhist societies. With that said, all of the remaining flaws in the
iv
DEDICATION
This thesis was written and researched with the support of my friends and
family. The thesis is dedicated to the loving memory of my grandfather, Don Robinson,
who was an excellent teacher and led by example to always pursue greater knowledge.
v
TABLE OF CONTENTS
ABSTRACT.. ii
ACKNOWLEDGEMENTS.. iv
DEDICATION.. v
INTRODUCTION 1
Chapter
V. CONCLUSION.. 98
BIBLIOGRAPHY. 104
vi
LIST OF ILLUSTRATIONS
Figure Page
6. Buddhist Monks Protesting Against the Muslim Rohingya Minority in Myanmar.. xiii
vii
PREFACE: MAPS AND IMAGES
viii
Figure 2: Map of Rakhine State
Source: Rakhine State, Myanmar (as of 16 Jul 2013), UN Office for the
Coordination of Humanitarian Affairs, July 16, 2013,
http://reliefweb.int/map/myanmar/rakhine-state-myanmar-16-jul-2013 (accessed
September 16, 2014).
ix
Figure 3: A Group of Rohingya Women and Children at the Bangladesh Border
x
Figure 4: Rohingya Refugees in an Internally Displaced Persons Camp in Sittwe,
Myanmar
xi
Figure 5: Ethnic Rakhinese Welcome President Thein Sein
Source: Burma President Thein Sein Visits Rakhine After Fresh Sectarian
Clashes, The Guardian, October 1, 2013,
http://www.theguardian.com/world/2013/oct/01/burma-thein-sein-rahine-sectarian-
clashes (accessed September 23, 2014).
xii
Figure 6: Buddhist Monks Protesting Against the Muslim Rohingya in Myanmar
xiii
INTRODUCTION
According to Human Rights Watch, the situation for Rohingya Muslims living in
State in 2012 left more than 240 people dead and forced 240,000 people to flee their
homes, most of them Rohingya. While the Myanmar government has persecuted the
Rohingya since the military took control in 1962, the current humanitarian crisis has left
the internally displaced Rohingya in refugee camps without access to basic human
needs, such as sufficient shelter, medical attention, safe water, and latrines. The central
governments only given solution to the conflict is to resettle this group with any
The Rohingya are denied citizenship by Myanmar, which has left them without
state protection. They are not well organized and lack the necessary means to raise their
issues to the international community for support.2 The United Nations has labeled the
Rohingya the worlds most ignored and persecuted minority.3 This thesis will argue
that Myanmars policies against the Rohingya are supporting a program of ethnic
1
All You Can Do is Pray: Crimes Against Humanity and Ethnic Cleansing of
Rohingya Muslims in Burmas Arakan State, Human Rights Watch, April 2013: 87
93, http://www.hrw.org/sites/default/files/reports/burma0413webwcover_0.pdf
(accessed March 24, 2014).
2
Syeda Naushin Parnini, "The Crisis of the Rohingya as a Muslim Minority in
Myanmar and Bilateral Relations with Bangladesh," Journal of Muslim Minority Affairs
33, no. 2 (2013): 281 2, Academic Search Premier, EBSCOhost (accessed February 7,
2014).
3
Alexandra Phillips, "The World's Blind Spot," Harvard International Review
35, no. 2 (2013): 31, Academic Search Premier, EBSCOhost (accessed March 24,
2014).
1
cleansing, one of the worst crimes a government can commit against its people.4 The
Myanmar government and international community are not sufficiently addressing the
issue, and the current climate in Myanmar portends that further violence could escalate
further if preventative policies are not pursued. The international community must
apply coordinated diplomatic pressure against Myanmar to ensure that the Myanmar
Many place names have changed in Burma/Myanmar since the country gained
independence from British rule to signal a departure from the countrys colonial past.
This thesis will use the term Burma to reference the countrys history prior to 1989,
and the name Myanmar to reference developments since that date.5 This thesis will
ethnic conflict resolution to propose solutions to the ethnic and religious conflict. The
aim is to examine and call attention to the plight of the Rohingya who are stateless and
the victims of crimes against humanity, so that international intervention will finally
resolve this conflict. The scope of this thesis analyzes events from 1962 to 2014, but it
The Rohingya have been the target of a host of human rights abuses by the
the country and their movement is restricted: they cannot go to markets, schools, or
4
Anthony Oberschall, Conflict and Peace Building in Divided Societies:
Responses to Ethnic Violence (New York: Routledge, 2007), 83.
5
To date, the United States State Department continues to utilize the old name of
Burma in its relations with the country. US Department of State, U.S. Relations With
Burma, August 13, 2013, http://www.state.gov/r/pa/ei/bgn/35910.htm (accessed June
14, 2014).
2
hospitals.6 Myanmars laws make it impossible for the Rohingya to become citizens of
the country and to obtain national identity cards, which are necessary to work and to
creating a highly uneducated portion of the population. The Myanmar government has a
long history of inciting and encouraging violence against Muslims in order to distract
World leaders should be reminded by the 2014 anniversaries of the end to South
Africas apartheid and to Rwandas genocide of the atrocities that crimes against
humanity entail and of their power and duty to protect the helpless. On April 27, 2014,
South Africa celebrated the 20th anniversary of its first post-apartheid poll, thus
commemorating the long road it has travelled from its racist past to a self-confident
democracy. Rwanda also marked its 20th anniversary of the genocide of the Tutsi
population by the Rwanda majority on April 7th, 2014. From April to July, 1994, the
Interahamwe (Hutu militias) slaughtered at least 800,000 Tutsis to remove them from
their shared country. Today, memories of this genocide linger as skeletal remains still
poke through the ground after heavy rains.8 The atrocity of genocide should never be
6
Nicholas Kristof, Myanmars Appalling Apartheid, The New York Times,
May 28, 2014, http://www.nytimes.com/2014/05/29/opinion/kristof-myanmars-
appalling-apartheid.html?smid=fb-share&_r=1# (accessed June 3, 2014).
7
Habib Siddiqui, The Forgotten Rohingya: Their Struggle for Human Rights in
Burma, E-Book (No Additional Publication Information Available, 2008).
8
To Hell and Back: How Nations Torn Apart by Atrocity or Civil War Can
Stitch Themselves Together Again, The Economist, April 5, 2014,
3
The plight of the Rohingya continues, despite the countrys recent political
representation of its minority ethnic groups. In fact, there has been significantly more
forced displacement of ethnic minorities in the three years since the transition began in
2011 than in the three years prior.9 In 2014, politicians are still using ethnic cleansing
policies against the unpopular Muslim Rohingya as a tactic to gain Buddhist votes.10
Even Aung San Suu Kyi, leader of the National League for Democracy (NLD), the pro-
democracy opposition party against military rule, has refuted claims that the
humanitarian situation for the Rohingya is dire. Instead, she has chosen to act like any
other politician seeking favor with the majority of voters who support the ethnic
cleansing policies.11 Without Aung San Suu Kyis support, there is no champion of
While the Myanmar government has failed to follow through with improved
relations with its ethnic minority groups, including the Karen, Kachin, Chin, and the
http://www.economist.com/news/international/21600156-how-nations-torn-apart-
atrocity-or-civil-war-can-stitch-themselves-together-again (accessed June 19, 2014).
9
Michel Gabaudan and Melanie Teff, Myanmar: Act Immediately to Protect
Displaced Peoples Rights, Refugees International Field Report, March 17, 2014: 2,
http://refugeesinternational.org/sites/default/files/Myanmar%20Act%20Immediately%2
0letterhead.pdf (accessed April 6, 2014).
10
Kristof, Myanmars Appalling Apartheid.
11
Emanuel Stoakes, Aung San Suu Kyi is Turning a Blind Eye to Human
Rights in the Name of Politics, The Guardian, November 26, 2013,
http://www.theguardian.com/commentisfree/2013/nov/27/aung-san-suu-kyi-is-turning-
a-blind-eye-to-human-rights-in-the-name-of-politics (accessed June 11, 2014).
concrete steps for better government accountability and more freedom of speech. In
2012, the Myanmar government tackled government reform with a focus on combating
censorship; no journalists were jailed in that year and the exile-run Irrawaddy magazine
began distribution within Myanmar. Improvements in civil society were also made with
the release of 651 prominent political prisoners on January 13, 2012 and with the release
of a smaller number of them later in the year. Licenses were returned to activist lawyers
on a case-by-case basis.12
sanctions and established political and economic connections. For example, the United
States (US) normalized diplomatic relations with Myanmar in 2012, and President
Barack Obama visited the country in November 2012 as the first sitting US president
ever to visit Myanmar. Moreover, Western states suspended economic sanctions and
deepened ties through tourism and trade. In addition, the World Bank in 2012 made its
first grant to Myanmar in 25 years through a pledge of $80 million out of a $245 million
assistance package.13 However, the United States has spoken up too mildly on the
subject of the plight of the Rohingya while Europe and Asia have not made significant
efforts to address the issue.14 The full political capital of the US and its partners must be
12
Ian Holliday, Myanmar in 2012: Toward a Normal State, Asian Survey 53,
no. 1 (January/February 2013): 94 5, JSTOR (accessed March 30, 2014).
13
Ibid., 98 9.
14
Kristof, Myanmars Appalling Apartheid.
5
leveraged to end the appalling apartheid and to prevent Myanmars Rohingya from a
The thesis is organized in five parts to draw attention to the plight of the
Rohingya and to call for the international community to protect them from crimes
against humanity perpetrated against them. Chapter I provides some background history
on the present day ethnic and religious conflict in Rakhine state. It examines present-
day Burmese xenophobia against the Rohingya as a nationalist response to the legacy of
British colonial rule. This chapter also examines the fundamental differences between
the Rohingya Muslim and Rakhine Buddhist (also known as Arakanese) populations,
and it ends with a brief history of the crimes committed against the Rohingya since the
military assumed control over the Myanmar government from 1962 to 1999. This
history of the conflict between the Rohingya and the Buddhist majority provides the
Chapter II presents the argument that Myanmars policies and actions against the
Rohingya constitute ethnic cleansing and the beginning of genocide. It examines the
political, economic, and socio-cultural discrimination against the Rohingya from 2000
to 2014 that have severely curtailed their human rights with the goal of forcing the
population to leave the country. This chapter also analyzes the plight of the Rohingya
refugees in Bangladesh, Malaysia, and Thailand where they have fled to escape
servitude, arrests, starvation, and internment in camps with little to no hope of finding
an examination of how state complicity in the 2012 violence and the current
humanitarian crisis constitute ethnic cleansing and genocide policies against the
Rohingya.
Chapter III presents the case for international action to protect the Rohingya due
to the Myanmar governments refusal to do so. I will cite the responsibility to protect
(RtoP) international security and human rights norm adopted by the United Nations
(UN) in 2005 to provide the framework for international involvement in the protection
of the Rohingya. The Myanmar government is not taking appropriate action to prevent
the mass atrocities committed against the Rohingya; rather, it is actively supporting
policies of ethnic cleansing through the participation of state security forces in the 2012
violence and its refusal to mitigate the current humanitarian crisis in Rakhine state for
the Rohingya. The international community, through the combined efforts of the US,
the European Union (EU), the UN, and the Association of Southeast Asian Nations
(ASEAN), the regional political and economic organization, must apply coordinated
should the government fail to address its humanitarian crisis with the Rohingya
immediately.
implement the RtoP doctrine and to provide long-term protection for the Rohingya. I
will apply the lessons learned from Oberschalls research on successful peace building
policies of past ethnic conflicts to reconcile the Rakhine and Rohingya of Myanmar and
to provide stability for the future. Some short-term solutions require concerted
diplomatic pressure from the international coalition to reestablish humanitarian aid for
the Rohingya. Myanmar must also accept international security assistance to enable the
secure return of internally displaced Rohingya persons to their villages. Some long-term
one of the countrys indigenous ethnic groups and to bestow the same legal protections
and rights on the Rohingya as on all citizens of Myanmar. The economy must be
reconstructed in Rakhine state to address conflict drivers deriving from extreme poverty
religious tolerance. Finally, regional solutions to the issue of the Rohingya refugees
The thesis will conclude with Chapter V, through a review of the importance of
protecting Myanmars Rohingya population from further loss of life due to the countrys
ethnic cleansing and genocide policies. This chapter will end with cautious optimism
that Myanmar has an unprecedented political opportunity to integrate the Rohingya into
the community as full members under the progressive government of President Thein
Sein. His inaugural address on March 30, 2011 expressed the most remarkable official
and public self-criticism since the military coup of March 2, 1962, and it declared the
need to establish better relations with the countrys ethnic minorities.15 Myanmar must
address the plight of its stateless Rohingya population to end the national
elsewhere in Myanmar between the majority Buddhist population and the countrys
15
David Steinberg, Burma/Myanmar: What Everyone Needs to Know, 2nd ed
(New York: Oxford University Press, 2013), 188 95.
8
CHAPTER I
understand the present plight of the Rohingya in the early 21st century. The scope is
very wide, covering pre-colonial and colonial history, Burmas independence, and major
developments to the end of the 20th century. It is organized in four parts and begins with
research on the importance of ethnic groups to human identity and actions. The second
section analyzes social relations between the conflict groups in Burma prior to British
colonial rule and examines how British colonial policies exacerbated ethnic tensions and
paved the way for ethnic nationalism. The third section presents key developments in
Burmas treatment of the Rohingya from 1962 to 1999, which established the
institutional framework and precedent for human rights violations against the Rohingya
from 2000 to 2014. The fourth section concludes with an analysis of the consequences
Rakhine state.
Myanmar is one of the most ethnically diverse countries in the world with over
100 languages and dialects identified within a population of 55 million.1 It has the
potential to be one of the most prosperous countries in Asia, but its inability to make
1
Martin Smith, State of Strife: The Dynamics of Ethnic Conflict in Burma
(Washington: East-West Center Washington, 2007), 8.
peace between its ethnic groups has devastated the countrys economy.2 Myanmar has
traditionally been a rich country known as the rice bowl of Asia; however, due to
Myanmars economy has declined steeply.3 Myanmar politics have been dominated by
and the battles for ethnic minority rights in the country.4 These conflicts have left
Myanmar included in the UNs Least Developed Country list since 1987.5
Britain in 1948 demonstrate that ethnic political inclusion is vital if the cycles of
conflict are to be ended.6 The ethnic majority Burman Buddhist population has
engaged in conflict with several different minority ethnic groups (e.g. Karen, Kachin,
2
Ibid., 2.
3
N. Ganesan and Kyaw Yin Hlaing, Introduction, in Myanmar: State, Society
and Ethnicity, eds. N. Ganesan and Kyaw Yin Hlaing (Singapore: ISEAS Publishing,
2007), 3.
4
Ashley South, Ethnic Politics in Burma States of Conflict (New York,
London: Routledge, 2008), xiii.
5
Least Developed Countries: LDC Factsheets, United Nations Development
Policy and Analysis Division,
https://www.un.org/en/development/desa/policy/cdp/ldc/profile/country_129.shtml
(accessed April 12, 2014).
6
Smith, State of Strife: The Dynamics of Ethnic Conflict in Burma, xii.
7
Ibid., 8.
10
and Shan) that seek self-determination and political inclusion rights,8 but its conflict
with the Rohingya minority population is unique in the country because it rests on the
core issue of statelessness. While the other ethnic groups in conflict seek autonomy
under the Myanmar government, the Rohingya struggle for basic security as citizens of
the country.9
Rakhine states location between South Asia and Southeast Asia makes it a
frontier culture of the Muslim and Buddhist communities.10 The Rakhine region had
historic kingdoms that were subject to Indic influences from the ninth century to 1785,
when it was conquered by the Burmans. In the pre-colonial period, the Burman
Buddhist king exerted sovereignty over the region through a mandala system, whereby
power emanated outward from the king in concentric circles to distant regions. Rulers
under the mandala system paid tribute to the Burman king.11 Rakhine state and
Bangladesh contain populations that are heavily Muslim and culturally related.
Historically, the peoples of this region crossed the ambiguous border regularly in
8
Ibid., 52.
9
Kipgen, Conflict in Rakhine State in Myanmar: Rohingya Muslims'
Conundrum, Journal of Muslim Minority Affairs 33, no. 2 (2013): 307,
http://dx.doi.org/10.1080/13602004.2013.810117 (accessed March 7, 2014).
10
Abid Bahar, Burmas Missing Dots: The Emerging Face of Genocide: Essays
on Chauvinistic Nationalism and Genocide in Burma; with the Popular Novel
Rohingyama (Bloomington, Indiana: Xlibris Corporation, 2010), 23.
11
Steinberg, Burma/Myanmar: What Everyone Needs to Know, 18 9.
12
Ibid., 23.
11
The term ethnic group denotes a large aggregate of people who have a self-
defined name, believe they share a common descent, have common historical memories
Being a member of an ethnic group can carry great benefits, as with the Burmans in
Burma. Since members of an ethnic group share more in common with one another
than with other ethnic groups, members can expect more long-term trust and support
from one another than from other groups. The theory of collective action has
demonstrated the benefits of working with partners who have strong social links, more
information about one another rather than less, and reciprocal obligations to members.14
The Rohingya and Rakhine people differ from one another in language, religion, culture,
and heritage. Despite sharing the same territory since the eighth century, these
differences are highlighted within Myanmar society and reinforced by the state, which
The Rohingya are the descendants of Arab Muslim traders who came over land
and sea routes to settle in Arakan (the historical name for Rakhine state) as early as the
seventh century. They are physically, linguistically, and culturally similar to South
Asians, especially the Bengali people.15 Ethnic Rohingya practice Islam and have a
13
Oberschall, Conflict and Peace Building in Divided Societies: Responses to
Ethnic Violence, 3.
14
Ibid., 5.
15
Parnini, "The Crisis of the Rohingya as a Muslim Minority in Myanmar and
Bilateral Relations with Bangladesh," 281.
12
distinct culture and civilization.16 It is important to note that the term Rohingya is
controversial in Myanmar. While the members of this group call themselves Rohingya,
and the international community also utilizes this term, the majority of Myanmars
Historically the Rohingya have lived in Myanmar for centuries, and documents dated as
far back as 1799 reference the Rohingya population in Rakhine state. According to an
1826 report, about 30 percent of the population of this region was Muslim.17
Theravada Buddhism and speaks a language that is highly similar to Burmese. Their
religion, which is the single most important attribute that defines a Burman, ties the
Rakhine ethnic group to the majority Burmese. Buddhism is integral to Burman lives
government to favor the Rakhine population over the Rohingya as citizens of the
country and part of Myanmars 135 officially recognized indigenous ethnic groups.19
state have a long history of cooperation with one another and adaptation to each others
cultures. Since the early 14th century, the Rakhine region was heavily influenced by the
16
Siddiqui, The Forgotten Rohingya: Their Struggle for Human Rights in
Burma.
17
Kristof, Myanmars Appalling Apartheid.
18
Steinberg, Burma/Myanmar: What Everyone Needs to Know, 24.
19
Kipgen, Conflict in Rakhine State in Myanmar: Rohingya Muslims'
Conundrum, 300.
13
Muslim Sultanate of Bengal to the extent that Buddhist leaders adopted Muslim names.
While Buddhist kings ruled Rakhine, Muslims played an important role in the defense
and administration of the kingdom. During this time, mosques were constructed
The origins of the conflict between the Muslim and Buddhist communities can
be traced to Myanmars colonial period under British rule [1826 to 1948], which
destabilized the countrys pre-colonial society. Prior to British rule, Buddhism in the
country, then, Burma, dominated every aspect of society. The rites of passage,
education, and status in society were all controlled through the Buddhist world order.
Monks were the most respected members of the society were involved in every aspect of
state administration, up to advising the king.21 In Buddhist cosmology, the secular state
protects the religious order and, in return, the sangha (monastic order) confers karma
(religious merit) upon state rulers. Pre-colonial Burma was ruled through a monarchy
that protected and responded to the monastic order. Identity in Buddhist cosmology was
determined by the accumulation of karma from earlier lives and present religious merit
as well as ones place in the tributary system to the king. Prior to colonialism, ethnic
minority status did not merit discrimination and was not the dominant marker of identity
in the kingdom.22
20
Siddiqui, The Forgotten Rohingya: Their Struggle for Human Rights in
Burma.
21
Steinberg, Burma/Myanmar: What Everyone Needs to Know, 33.
22
Mikael Gravers, Nationalism as Political Paranoia in Burma: An Essay on the
Historical Practice of Power (Richmond, Surrey: Curzon, 1999), 15 20.
14
Though the British colonial period was relatively short, its impact on the
countrys ethnic relations has had significant consequences. During this period, strong
nationalist reactions developed towards all remnants of the foreign domination. British
colonial rule undercut Buddhisms power and influence in Burma through several
policies. First, the British eliminated the position of the thathanabaing, or most senior
monk, which stripped the religion of its administrative power and denigrated the
religion. Second, the colonial rulers facilitated the entrance of Christian missionaries in
Burma. This action introduced divisions in Burmese culture and depreciated the
and fanned cultural dividers between groups that accepted Western education and those
The monks had served as the educators of the populous prior to British rule and
the schools were all held in Buddhist monasteries. Under British colonialism, the
secondary education system undercut Buddhisms authority as the mechanism for social
mobility, and Western education became the only avenue for success in the new
Burmese nationalism when political activity was banned by the British, and monks were
Present day Burman xenophobia can be best explained through the confrontation
between Christian missionaries during the colonial period and Burman society.
23
Steinberg, Burma/Myanmar: What Everyone Needs to Know, 27 34.
24
Ibid.
15
Conversion to Christianity not only required a change in religious practice, but it also
signaled a break from the Buddhist world view and cultural structure itself. In pre-
colonial Burma, foreigners were allowed to practice their own religions so long as they
also abided by Buddhist ontology. This meant that subjects of Burma were required to
make tributes to the king as a reverential being with great accumulations of karma,
Buddhist monks and gift giving in exchange for merit. These actions were viewed as
idolatry and merited expulsion from the Christian religion. In the Buddhist culture,
refusal to participate in the core practices of Buddhism meant that converted Burmans
had become disloyal citizens of the Buddhist kingdom of Burma. Burman Christian
Religion soon became inextricably linked with colonialism. The three colonial
wars of conquest by Britain of Burma, in 1824, 1852, and 1885, perpetuated Burman
distrust of Christianity as a symbol of rebellion. For example, in 1852 during the British
aided the British army and killed or captured many Burmans. In return, Burmans took
revenge by burning Christian villages and crucifying a Karen pastor. Through the
culminated in 1887 at the end of the British conquest when the British army provided
25
Gravers, Nationalism as Political Paranoia in Burma: An Essay On the
Historical Practice of Power, 20 1.
16
rewards of 25 rupees or more for the delivery of Buddhist monks heads. Ethnicity and
religion thus became important definitions of a persons place in Burmese culture during
The British governed Burma as a province of India until 1937 despite profound
cultural differences between the two countries.27 The British also divided Burma
between the mountainous north Burma and the valleys of south Burma along both
political and cultural lines. The southern valleys became Ministerial Burma, which
was administered as a part of India, but the northern frontier areas were not considered
civilized enough for inclusion in Ministerial Burma and were administered directly by
the British governor.28 The Burmese claim that this divide-and-rule approach to
colonial administration is the cause for the countrys troubles with its ethnic minorities
The British rule also exacerbated the complex ethnic relations of Myanmar by
introducing a flood of immigrants from India and China. Since Ministerial Burma
was managed as part of India, the British utilized Indians to assist in its administration.
Indians entered Burma as soldiers, money lenders, and laborers. By the Second World
War, over half the population in Rangoon was Indian. Ethnic tensions were fueled by
the British use of Indians in administrative positions and the tendency for British firms
26
Ibid., 21 4.
27
Steinberg, Burma/Myanmar: What Everyone Needs to Know, 29.
28
Gravers, Nationalism as Political Paranoia in Burma: An Essay On the
Historical Practice of Power, 25.
29
Steinberg, Burma/Myanmar: What Everyone Needs to Know, 31.
17
to employ Indian and Christian workers over Burmans. These tensions were expressed
in newspapers of the 1930s, which frequently wrote of the fear that mixed marriages
between Indian Hindus or Muslims and Burman women would lead to the women being
taxes in Rangoon and constituted the middle class, whereas the Europeans contributed
15 percent and the Burmans only 11 percent. The unequal class relationship bolstered
Burmese opposition to the Indians, who were perceived by the Burmans as owning all of
Burma.31 Present day xenophobia against the Rohingya Muslims can be traced to
resentment of the favored status of the Indian Hindus and Muslims during the colonial
period. While the Rohingyas ancestors settled in Rakhine state in the early eighth
century, their physical features and Muslim religion share many attributes with the
Buddhist leaders in the 1920s and 1930s began to integrate xenophobic slogans
in their rallying cries for revolts against colonial rule. The first political awakening in
Burma following the consolidation of British rule in 1885 was led by the Young Mens
30
Gravers, Nationalism as Political Paranoia in Burma: An Essay On the
Historical Practice of Power, 25 7.
31
Ibid., 29.
32
Siddiqui, The Forgotten Rohingya: Their Struggle for Human Rights in
Burma.
18
boycott movement, but over time the organization became more radical. Led in large
part by Buddhist monks, the YMBA sought to regain respect for Buddhism and for
generates greed, hatred, drunkenness, and theft. The monks also preached against the
Indian money-lenders who comprised Burmas landlords in the 1930s. Inequality was
Irrawaddy Delta were in debt. About 30 40 percent had lost their land to the Indian
money-lenders.33 Protesters throughout the 1930s shouted slogans such as, master
race we are, we Burmans and race, language, religion. Freedom and independence
from colonial rule became inextricably linked with the purge of all foreign influences.34
ethnic tensions. For instance, while many of the ethnic minorities sided with the Allies
against the Japanese, the Burmans remained officially in league with the Japanese until
1945.35 Within Rakhine state, the Rohingya remained loyal to the British while the
Rakhine communities sided with the Japanese forces against the British in the Burma
Independence Army (BIA). The conflict between the Rakhine and Rohingya during
World War II led to violent clashes, with both sides claiming massacres and raids
33
Gravers, Nationalism as Political Paranoia in Burma: An Essay On the
Historical Practice of Power, 31 3.
34
Ibid., 38 9.
35
Steinberg, Burma/Myanmar: What Everyone Needs to Know, 37.
19
against the other.36 The Japanese defeat of the Allies in Burma in 1945 hastened the end
At the end of the war, the war-time leader of the BIA, Aung San, sought to
reunite Burmas minority ethnic groups.38 Aung San worked with ethnic minority and
representation. This model culminated on February 12, 1947 with the signing of the
Panglong Agreement, but its promise was cut short when Aung San and his entire team
were assassinated in July of that year.39 Following his death, Burma formally achieved
independence from British rule in 1948 and was led by a civilian government under
Prime Minister U Nu. During this time, the Rohingya were treated with other ethnic
groups as equal citizens of the country, and Rakhine state was granted autonomy under
the Union of Burma.40 Two Muslim members of parliament were always represented in
the government.41
36
All You Can Do is Pray: Crimes Against Humanity and Ethnic Cleansing
of Rohingya Muslims in Burmas Arakan State, 138.
37
Steinberg, Burma/Myanmar: What Everyone Needs to Know, 37.
38
Gravers, Nationalism as Political Paranoia in Burma: An Essay On the
Historical Practice of Power, 43.
39
Bahar, Burmas Missing Dots: The Emerging Face of Genocide: Essays on
Chauvinistic Nationalism and Genocide in Burma; with the Popular Novel Rohingyama,
16 7.
40
Siddiqui, The Forgotten Rohingya: Their Struggle for Human Rights in
Burma.
41
Parnini, "The Crisis of the Rohingya as a Muslim Minority in Myanmar and
Bilateral Relations with Bangladesh," 286.
20
However, in 1962 General Ne Win led a coup, which initiated the oppressive
military rule over the Rohingya.42 After the military coup, there has not been one
and the military junta nationalized all of the states financial institutions and businesses,
which hurt the Rohingya population primarily since these establishments were mostly
owned by Muslims. Burmas actions against the Rohingya since 1962 have
systematically deprived them of their political rights.44 The military preached a form of
fascism called disciplined democracy, which taught that the ethnic minorities and
foreigners would take over the country if it were not for the protection by the military.
From the beginning of Burmas independence, the military used xenophobia as its
marked by two devastating pogroms and the 1982 Citizenship Act, which established
the institutional framework for exclusion of the Rohingya from political participation.
Military leaders used xenophobic nationalist sentiment established during the colonial
42
All You Can Do is Pray: Crimes Against Humanity and Ethnic Cleansing
of Rohingya Muslims in Burmas Arakan State, 138.
43
Parnini, "The Crisis of the Rohingya as a Muslim Minority in Myanmar and
Bilateral Relations with Bangladesh," 286.
44
Siddiqui, The Forgotten Rohingya: Their Struggle for Human Rights in
Burma.
45
Bahar, Burmas Missing Dots: The Emerging Face of Genocide: Essays on
Chauvinistic Nationalism and Genocide in Burma; with the Popular Novel Rohingyama,
16 7.
21
period as justification for the actions taken against the Rohingya, who are largely
viewed as Bengali immigrants from the colonial period. Indian favoritism, which was
practiced under British rule, also exacerbated tensions between the Muslim Rohingya
The first massacre of the Rohingya occurred in February 1978 when the
(Dragon King) to take a census of the country. The operation resulted in rapes, brutal
incidents, mass killings, and expulsions of the Rohingya from their land. Estimates put
the death toll at nearly tens of thousands of Rohingya, with more than two hundred
thousand being forced to flee to Bangladesh.47 The army justified the violence by
blaming the conflict on armed bands of Bengalis and extremist Muslims ransacking
army, many of the Rohingya villagers were allowed to return to their villages under tight
passed the Citizenship Law of 1982, thereby establishing a legal basis for the exclusion
of the Rohingya from citizenship. The Citizenship Law states that there are 135
national groups within Burma that lived in the country before 1823 and that only those
46
Gravers, Nationalism as Political Paranoia in Burma: An Essay On the
Historical Practice of Power, 27.
47
Parnini, "The Crisis of the Rohingya as a Muslim Minority in Myanmar and
Bilateral Relations with Bangladesh," 286.
48
Martin Smith, Burma: Insurgency and the Politics of Ethnicity (New York:
Zed Books, Ltd., 1999), 241.
22
groups have been granted permanent citizenship. The Rohingya, however, are not
included as one of Burmas national groups. The Citizenship Law codifies the
Burmese militarys view that the Rohingya are illegal Bengali nationals who migrated to
the country during the British colonial administration (i.e. after 1823). The Burmese
military thus deprived the Rohingya of citizenship as a key strategy to justify arbitrary
the Rohingya cannot work legally, travel, or use Figure 7: The World's Stateless Populations
Source: Nowhere to Call Home: The Changing
Face of the Worlds Non-citizens, The
public services.50 Withholding citizenship is de Economist, May 17, 2014,
http://www.economist.com/news/international/21
602251-changing-face-worlds-non-citizens-
facto state repression and discrimination against nowhere-call-home (accessed June 19, 2014).
49
Kelly Staples, Retheorising Statelesness: A Background Theory of
Membership in World Politics (Edinburgh: Edinburgh University Press, 2012), 149.
50
Nowhere to Call Home: The Changing Face of the Worlds Non-citizens,
The Economist, May 17, 2014,
http://www.economist.com/news/international/21602251-changing-face-worlds-non-
citizens-nowhere-call-home (accessed June 19, 2014).
23
the Muslim minority and is used to justify human rights violations against the group.51
In 1991, the second mass exodus in 15 years of Rohingya ensued with the
crossing of around 260,000 into Bangladesh. The Muslim community left due to
systematic Tatmadaw forced labor demands along the north-west frontier and wide-
spread aggression against the Rohingya. At this time, the Burmese government claimed
to be introducing government reforms and opening the economy, and these claims
General Assembly condemned Burmas actions against the Rohingya in its 1991 annual
with the mission of continuing investigations and reports into human rights abuses
Refugees (UNHCR) repatriated around 200,000 of the refugees to Burma from 1992 -
1999. The conditions in Burma for the Rohingya did not improve, however, and
thousands of asylum seekers continued to cross the border into Bangladesh throughout
which obligated Burma to accept the return of Rohingya refugees who could prove their
51
Staples, Retheorising Statelesness: A Background Theory of Membership in
World Politics, 1.
52
Smith, Burma: Insurgency and the Politics of Ethnicity, 422.
24
previous residence in the country. However, proof of residence has long been routinely
demonstrated instead the militarys dedication to eradicating the Rohingya from the
country. Regrettably, the plight of the Rohingya from the military coup in 1962 to 1999
set dangerous precedents for their treatment in the 2000s to the present day. According
to Oberschall, ethnic conflicts carry the weight of past hostile group relations, which can
not only exacerbate religious differences, but also be used as justification for prejudice
and ethnic superiority. In this sense, ethnic groups are also a product of historical and
social construction; however, this does not make ethnic divisions any less real to their
members.54
The 1982 Citizenship Law established the legal framework for Burmese
exclusion and repression of the Rohingya. To this day, it provides the necessary
justification for Burmese xenophobia against the Muslim communities, because the state
has declared these people foreigners and intruders in Burma. The widespread violence
against the Rohingya in 1978 and 1991, which forced hundreds of thousands to flee
Burmas borders into Bangladesh, delineates the Burmese governments long history of
forcing the Rohingya to leave the country. This history provides the context for
53
Staples, Retheorising Statelesness: A Background Theory of Membership in
World Politics, 142 3.
54
Oberschall, Conflict and Peace Building in Divided Societies: Responses to
Ethnic Violence, 4.
25
Myanmars human rights violations against the Rohingya from 2000 to 2014 and the
1962 for minority relations in Rakhine state are dismal. In present day Myanmar, the
Rakhine ethnic groups leaders blame the states perceived problems on the Rohingya
Muslim-Rohingya. Both terms Rakhine and Rohingya are in fact derived from the
same ancient name for Arakan, but these two groups refer to one another utilizing
Conflict between ethnic groups often results when the majority ethnic group is
privileged by the state to dominate the minority ethnic group, as is precisely the case
with the Rakhine and Burmans dominating the Rohingya. To justify their privileged
position in society, the majority group will establish an intellectual framework, accepted
as truth, that the majority group is superior to the minority group. This ideology of
justified domination is reinforced throughout the majority ethnic group through schools,
religious institutions, and leaders. When ethnic groups differ from one another in
religion, language, customs, and race, the justification for domination is especially
55
Bahar, Burmas Missing Dots: The Emerging Face of Genocide: Essays on
Chauvinistic Nationalism and Genocide in Burma; with the Popular Novel Rohingyama,
25.
56
Smith, Burma: Insurgency and the Politics of Ethnicity, 241.
26
forceful.57 These typical conditions for ethnic conflict are all present in Rakhine state,
and the history of state sponsored violence against the Rohingya in 1978 and 1991
provides justification for local Rakhine discrimination against their Muslim neighbors.
Rakhine leaders seek to return the state to the memory of the golden age of the
medieval Arakan (Rakhine) kingdom and the myth of Rakhine supremacy. They
perpetuate a purity of Rakhine race myth to get rid of the Rohingya. While some
regularly present in Rakhine literature. They reinforce their solution to the states
issues through xenophobic literature that identify the Rohingya as the problem.
Academic works from Rakhine intelligentsia consist of belittling terms, biases, and
faulty logic that identify the Rohingya as a societal problem, such as the book Influx
Viruses by Aye Chan which identifies the Rohingya as viruses in the community that
must be exterminated. Rakhine leaders reinforce their claim that the Rohingya are
foreigners through literature that cite as fact Rohingya migration to Burma in 1826
Rohingya as Muslim extremists. This tactic heightens fear that the Rohingya are a
57
Oberschall, Conflict and Peace Building in Divided Societies: Responses to
Ethnic Violence, 13.
58
Bahar, Burmas Missing Dots: The Emerging Face of Genocide: Essays on
Chauvinistic Nationalism and Genocide in Burma; with the Popular Novel Rohingyama,
24 7.
27
Rohingya in general are a peaceful community.59 Ethnic groups provide the framework
cultural, social, and religious relations. Therefore, ethnic activists can easily utilize
ethnic symbols and loyalties to galvanize the group to support specific political goals.60
Rakhine ultranationalists also fear that a democratic Myanmar will force them to share
the scare resources of Rakhine state with their racially non-Mongoloid non-Buddhist
fellow citizens, so they spread social biases as fact to gain support for ethnic cleansing
The consequences of British divide and rule policies in Burma during the
colonial period and the actions of the military government have set the stage for human
ethnic cleansing policies in 2012. Since the British favored Indian administrators and
discriminated against Burmans and Buddhism during the colonial period, the Burman
and Rakhine Buddhist populations distrust and discriminate against all foreign
influences. The Rohingya have been the most unfortunate targets of the majority of this
animosity due to their ethnic similarities to the neighboring Bengali people. The 1982
Citizenship Law and state-sponsored violence in 1978 and 1991, which forced hundreds
of thousands of Rohingya to flee Burma, have provided state sanctions for crimes
59
Ibid., 38.
60
Oberschall, Conflict and Peace Building in Divided Societies: Responses to
Ethnic Violence, 6 7.
61
Bahar, Burmas Missing Dots: The Emerging Face of Genocide: Essays on
Chauvinistic Nationalism and Genocide in Burma; with the Popular Novel Rohingyama,
38.
28
against humanity perpetrated against the Rohingya. The next chapter will present the
case that Myanmars actions against the Rohingya constitute crimes against humanity
29
CHAPTER II
Chapter II covers the history of the conflict from 2000 to 2014 and is divided
into four sections to argue that Myanmars treatment of the Rohingya perpetrates a
policy of ethnic cleansing that has escalated to the level of genocide since 2012. The
first section defines human rights in terms of human security through the framework of
the United Nations to identify the basic rights that the stateless Rohingya lack. It
presents the definition of ethnic cleansing to serve as the framework for understanding
the implications of the extensive injustice the Rohingya suffer. The second section
reviews the political and socio-economic discrimination against the Rohingya that
violate their human rights. The third section analyzes the widespread violence in
Rakhine state in 2012 and presents the case that the massacre has signaled the initiation
of genocide in Myanmar. Finally, the fourth section presents the human insecurity that
result of their stateless status and the human rights abuses suffered in Myanmar. The
state sanctioned violence in Myanmar created an appalling humanitarian crisis that has
escalated to the genocide of the Rohingya and will lead to more deaths if left unchecked.
Discrimination against the Rohingya from 2000 to the present day shows a
pattern of human rights abuses, which have eliminated the ability of the Rohingya to
live secure lives free from hunger, disease, arbitrary detention, and physical abuse.
Human security is a universal concern of human life and dignity. For ordinary people
caught in conflict, insecurity arises from concerns about daily life rather than from fear
30
of an international crisis. The consequences of human security issues such as famine,
disease, and ethnic disputes do not stay within national borders. Rather, the
Development Programme (UNDP), human security means that people can exercise
[their] choices safely and freely and that they can be relatively confident that the
opportunities they have today are not totally lost tomorrow. Human security has two
primary aspects. First, it means safety from chronic threats [such] as hunger, disease
and repression. Second, it constitutes protection from sudden and hurtful disruptions
Rohingya are deprived of of human security in both of these facets due to their lack of
The concept of human security stresses the necessity for people to have the
opportunity to meet essential needs and earn a living. It is an integrative concept rather
than a defensive concept in the way that territorial security is defined. Security for
people occurs only when all people are included in a countrys development.2 The
Rohingya are not included in Myanmars development; rather, they receive no state
protection because they are excluded from citizenship in the country. In fact, the right
1
Human Development Report 1994, United Nations Development
Programme, New York, Oxford: Oxford University Press, 1994: 22 3,
http://hdr.undp.org/sites/default/files/reports/255/hdr_1994_en_complete_nostats.pdf
(accessed June 23, 2014).
2
Ibid., 24.
31
to citizenship, or a nationality, is widely recognized as a fundamental human right.3
Thus, the exclusion of the Rohingya from citizenship within Myanmar is a violation of
15 of the Universal Declaration of Human Rights, which states that every person has the
right to a nationality and that this nationality cannot be arbitrarily denied.4 This right is
requires signatories to provide citizenship for persons who may otherwise be stateless.
This includes provisions for persons born within a states borders to be granted
citizenship and for states to prevent situations whereby a person may lose his or her
because citizenship is necessary to fully exercise civil, political, economic, and social
rights within that states territory. Nationality also enables an individual to receive
3
David Weissbrodt and Clay Collins, The Human Rights of Stateless Persons,
Human Rights Quarterly 28, no. 1 (February 2006): 246, ProQuest (accessed June 25,
2014).
4
Ibid., 245.
5
The countries primarily affected by the plight of the stateless Rohingya
(Myanmar, Malaysia, Thailand, and Bangladesh) have no domestic legislation for the
protection of refugees. Chris Lewa, "Asia's New Boat People," Forced Migration
Review, no. 30 (June 2008): 42, Academic Search Premier, EBSCOhost (accessed June
23, 2014).
6
Weissbrodt and Collins, The Human Rights of Stateless Persons, 247 8.
32
The Myanmar government has removed all human security from the Rohingya
Oberschall, ethnic cleansing is the use of force or intimidation for removing people of a
certain ethnic or religious group from an area or territory that is their homeland. It used
specifically targeted against the Rohingya ethnic group. Crimes that take place during
. . . murder, torture, arbitrary arrest and detention, executions, rape and sexual
assault, military and paramilitary attacks on civilians, robbery and extortion,
destruction of cultural and religious buildings and monuments, destruction of
homes, confinement of civilians in camps, purposeful starvation, and some
others. . . . The purpose of these crimes is to get the target population to flee (kill
and assault some, and the others will flee), to rob its property and make it
destitute, to administer extra-legal punishment and revenge for alleged disloyalty
or helping enemies, and to prevent return by having nothing to return for.8
Every one of these crimes exists in Myanmars persecution of the Rohingya. They are
targeted for their Muslim faith, their ethnic similarity to Bengali peoples, and for the
colonial legacy of foreign intrusion by the British. Local Rakhine leaders use the
Rohingya as a convenient scape goat for all of their societys failings, and national
scheme.9
7
Oberschall, Conflict and Peace Building in Divided Societies: Responses to
Ethnic Violence, 83.
8
Ibid.
9
Kristof, Myanmars Appalling Apartheid.
33
The stateless Rohingya receive no protection as a result of Myanmars 1982
Citizenship Law, and they are targeted with threats to their security under six of the
seven main categories recognized by the UNDP: political, economic, food, health,
personal, and community.10 The Rohingya suffer political insecurity through their
exclusion from the political process and through the states policy of discrimination
against them. Political security means the protection of basic human rights by the state
and freedom from political repression.11 In stark contrast to this definition, the
Rohingya are the target of human rights violations and have no civil or political rights
under the Myanmar political system. The Rohingya have been excluded entirely from
the formation of the Rakhine state government and the Myanmar central government.12
Since the government excluded the Rohingya from Myanmar citizenship, they
are given no political rights. As a result, they are frequently the subject of state
repression. For example, the stateless Rohingya are regularly the victim of arbitrary
detention in Myanmar.13 According to the UNDP, the police are common agents of
10
The Rohingya do not suffer environmental insecurity, as defined by the
UNDP. Human Development Report 1994, 24 5.
11
Ibid., 32 3.
12
Kipgen, Conflict in Rakhine State in Myanmar: Rohingya Muslims'
Conundrum, 307.
13
Weissbrodt and Collins, The Human Rights of Stateless Persons, 267.
14
Human Development Report 1994, 33.
34
restrict the movement of Rohingya within the country.15 They have a history of failing
to protect the Rohingya from, and sometimes participating in, ethnic riots.16 Rather than
receive protection from the state, the Rohingya are the target of institutionalized
discrimination.
status. Economic security requires an assured basic income usually from productive
and remunerative work, or in the last resort from some publicly financed safety net.17
Employers are afraid of hiring undocumented people, so the Rohingya are unable to
gain beneficial, long-term employment. Instead, they must rely on daily work of
poorly paid manual labor that does not last for long periods of time.18 The Rohingya
have lived under movement restrictions for many years, and, since 2012, there has been
essential services and to make a living.19 The Rohingya are regularly subject to
extortion and arbitrary taxation of what meager money they acquire.20 They do not
15
Gabaudan and Teff, Myanmar: Act Immediately to Protect Displaced
Peoples Rights, 2.
16
All You Can Do is Pray: Crimes Against Humanity and Ethnic Cleansing
of Rohingya Muslims in Burmas Arakan State, 142.
17
Ibid., 25.
18
Weissbrodt and Collins, The Human Rights of Stateless Persons, 267.
19
Gabaudan and Teff, Myanmar: Act Immediately to Protect Displaced
Peoples Rights, 2.
20
Saiful Huq Omi, Fleeing Burma, World Policy Journal 28, no. 2 (2011): 58,
Academic Search Premier, EBSCOhost (accessed June 23, 2014).
35
receive any economic support from the government, and they are unable to provide for
the essentials of life. The pitfall of economic, or income, insecurity has serious
Food security requires that people have access to food, either by growing it,
buying it, or acquiring it through a public food distribution system. Even when there is
enough food available, people can still starve when they are unable to purchase or obtain
common with about 35 percent of infants, and continual inflation undercuts the ability
of Myanmars poor to purchase basic foods, such as rice.22 For the marginalized
Rohingya, the issue of food security is even worse. Without access to gainful
employment, the Rohingya are unable to purchase food. They are subject to compulsory
food donations, deliberate food shortages, and land confiscations by the state.23 Food
security issues are worse for the Rohingya living in internally displaced persons (IDP)
camps since the 2012 ethnic riots,24 which will be described in detail in part three of this
Rohingya have little to no health security. Health security means the prevention
of death by poor nutrition and an unsafe environment, such as polluted water which
21
Human Development Report 1994, 27.
22
Steinberg, Burma/Myanmar: What Everyone Needs to Know, 98.
23
All You Can Do is Pray: Crimes Against Humanity and Ethnic Cleansing
of Rohingya Muslims in Burmas Arakan State, 139 140.
24
Ibid., 89.
25
Burma: A Human Tragedy, DVD-ROM (Los Angeles: Blairwood
Entertainment, 2011).
36
contributes to diarrhea. Denial of access to health services aggravates the conditions.
According to the UNDP, developing countries spend little on health care and those at
greatest risk for health security cannot afford doctors.26 In the case of Myanmar, health
security for all citizens is abysmal. The government spends only 0.5 percent of gross
domestic product (GDP) on health services. Medicines are largely unavailable except to
the wealthy or well connected. Malaria (700,000 cases per year), tuberculosis (130,000
per year), and HIV/AIDS (estimated 350,000 cases in 2005) are common in Myanmar.27
As for the stateless Rohingya, their condition is even worse as they are denied access to
Within the IDP camps, health aid does not exist and there are near daily reports
of Rohingya deaths from preventable conditions. Many of these deaths occur when
pregnant women face birth complications. Due to movement restrictions and their lack
of citizenship, Rohingya cannot travel to see a doctor.29 The Myanmar government has
exacerbated health issues in the IDP camps by restricting access by humanitarian aid
groups, which primarily provide medical attention and food to the Rohingya.30 In
26
Human Development Report 1994, 28.
27
Steinberg, Burma/Myanmar: What Everyone Needs to Know, 97 8.
28
Weissbrodt and Collins, The Human Rights of Stateless Persons, 267.
29
Esther Htusan, Lack of Health Care Deadly for Burmas Rohingya, The
Washington Post, May 8, 2014, http://www.washingtonpost.com/world/lack-of-health-
care-deadly-for-burmas-rohingya/2014/05/08/ac5a9ae8-d6e6-11e3-8a78-
8fe50322a72c_story.html (accessed July 9, 2014).
30
Jason Motlagh, These Arent Refugee Camps, Theyre Concentration Camps,
and People are Dying in Them, Time, June 17, 2014,
37
addition to the lack of medical attention, Rohingya in the IDP camps do not have access
to safe water or sufficient latrines.31 These conditions accelerate the spread of disease in
the camps with the result that the Rohingya regularly die of diseases, which could
otherwise be prevented.
involves violations of their personal security. Personal security from physical violence
is the most prominent aspect of human security, with threats from other groups of
carefully documented over two decades of human rights abuses against the Rohingya,
which include systematic killings, rapes, and forced labor as a part of state policy.33
Rohingya are routinely targeted with land confiscations and forced relocations.34 Local
authorities have a history of refusing to protect the Rohingya against discrimination and
violence in their communities. In 2001 and 2002, state security forces failed to
communities across the country, which resulted in an unknown number of deaths and
http://time.com/2888864/rohingya-myanmar-burma-camps-sittwe/ (accessed June 25,
2014).
31
All You Can Do is Pray: Crimes Against Humanity and Ethnic Cleansing
of Rohingya Muslims in Burmas Arakan State, 88.
32
Human Development Report 1994, 31.
33
All You Can Do is Pray: Crimes Against Humanity and Ethnic Cleansing
of Rohingya Muslims in Burmas Arakan State, 137 8.
34
Ibid., 143.
38
injuries. In some cases, local authorities increased tensions by encouraging the violence
any state protection. Threats to community security endanger human security because
most people derive security from their membership in a group, such as the Rohingya
ethnic group, that provides cultural identity and a common set of values.36 The Muslim
Rohingya face threats against their community due to their Muslim religion and
expressions of their faith, as well as their stateless status. The Rohingya are restricted
from access to state-run secondary education, and the Myanmar government restricts
Rohingya high school graduates from travelling outside Rakhine state to attend college
or university. The Rohingya are required to obtain government permission to marry and
are restricted in the number of children they can have legally. Myanmar government
authorities restrict gatherings to celebrate Islamic holidays and do not permit repairs to
mosques.37 Simply being a member of the Muslim Rohingya ethnic group invites
which has led many legal experts, academics, and non-governmental organizations
35
Ibid., 142.
36
Human Development Report 1994, 31 2.
37
US Department of State, International Religious Freedom Report: Burma,
2013: 7, http://www.state.gov/documents/organization/222331.pdf (accessed August 12,
2014).
39
(NGOs) to label the atrocity the beginning of genocide in Myanmar.38 Genocide is
defined in Article Two of the 1948 Convention on the Prevention and Punishment of
Genocide as follows:
The 2012 ethnic riots represent an escalation of the long-standing ethnic cleansing
policies to those of genocide. More than 240 Rohingya, including children, were killed
in the massacres that year.40 The actions, and inactions, of the Myanmar government
throughout 2012 provide concrete evidence of ethnic cleansing and genocide policies
The 2012 sectarian violence in Rakhine state between the Rohingya and Rakhine
ethnic groups erupted in June and October. The initial violence in June was sparked by
the rape and murder of a 28-year-old Rakhine woman on May 28, 2012 by three Muslim
men. In retaliation, on June 3, 2012, a large group of Rakhine men stopped a bus and
beat and killed ten Muslims who were on board. The ethnic riot quickly intensified with
mobs from both communities committing killings and arson. State security forces did
38
Tun Khin, Is Rohingya Genocide in Burma Being Ignored? The Huffington
Post, May 5, 2014, http://www.huffingtonpost.co.uk/tun-khin/rohingya-genocide-
burma-being-ignored_b_5254141.html (accessed July 17, 2014).
39
Oberschall, Conflict and Peace Building in Divided Societies: Responses to
Ethnic Violence, 83 4.
40
All You Can Do is Pray: Crimes Against Humanity and Ethnic Cleansing
of Rohingya Muslims in Burmas Arakan State, 87.
40
nothing initially to halt the violence, but they soon joined in with the Rakhine mobs to
By October, the violence against the Rohingya population became much more
organized and deadly. In the months preceding October, local Rakhinese political party
officials and senior Buddhist monks launched a public campaign to vilify the Rohingya
and to label them as threats to Rakhine state.42 Concerned Rohingya raised the warning
signs to local government officials who advised them to prepare to leave their village.43
On October 23, 2012, thousands of Arakanese men armed with machetes, swords,
homemade guns, Molotov cocktails, and other weapons attacked Muslim villages in
nine townships throughout Rakhine state. According to Human Rights Watch, in some
distance. As in the violence earlier in the year, state security forces failed to halt the
violence and even participated directly in the attacks. The deadliest incident occurred in
Yan Thei village in Mrauk-U Township, where at least 70 Rohingya were killed,
including 28 children who were hacked to death, 13 of whom were under age 5.44
to 180,000 people were affected by the 2012 violence. Of these, 140,000 persons
remain displaced, the majority of which are Rohingya, and an additional 36,000 people
41
Ibid., 7.
42
Ibid.
43
Ibid., 58.
44
Ibid., 7 10.
41
live in isolated villages with minimal access to public services. According to IRIN
News, A total of 167 people were killed in the violence (78 in June and 89 in October);
223 were injured (87 in June and 136 in October); and more than 10,000 buildings and
accountable and has not sought eyewitness interviews for testimony regarding the
killings.46 Rather, the governments actions following the violence illustrate that is has
no intention of pursuing justice for the victims. For example, the security services
dumped bodies of Rohingya killed in the conflict at remaining Rohingya villages and
ordered the villagers to dig mass graves for the deceased. Many of the dead Rohingya
had their hands bound and exhibited gunshot wounds, which suggest that they were
killed execution style rather than in self-defense.47 The killing of defenseless persons
and the subsequent concealment and denial of those criminal actions, such as the burial
of bodies in mass graves, are clear indicators of ethnic cleansing and genocide.48
The actions of the local authorities, state security forces, and central government
match historical signs of ethnic cleansing and genocide policies at work. Indicators
45
Analysis: In Search of a Regional Rohingya Solution, IRIN, July 26, 2013,
http://www.irinnews.org/report/98477/analysis-in-search-of-a-regional-rohingya-
solution (accessed July 23, 2014).
46
All You Can Do is Pray: Crimes Against Humanity and Ethnic Cleansing
of Rohingya Muslims in Burmas Arakan State, 58.
47
Ibid., 65.
48
Oberschall, Conflict and Peace Building in Divided Societies: Responses to
Ethnic Violence, 84.
42
present in Kosovo, Rwanda, and East Timor include a history of massacres against
certain ethnic groups; hate and threat propaganda from leaders; justification created for
killing an entire ethnic group; and armed groups organized against the target group.
These factors increase the risk of genocide and ethnic cleansing.49 Both are planned and
organized by authorities and their agents. Their planning takes time to ensure
compliance by authorities at all levels and passive acceptance of the policy by ordinary
authoritarian regimes that have a long record of oppression and human rights violations
against minorities. Research has shown that the target group is dehumanized in official
propaganda and depicted as amoral or dangerous to society. Officials falsify history and
present justifications for why the entire group, to include the elderly, women, and
Rakhine leaders have a long history of vilifying the Rohingya as the cause of
their states misfortunes. Chapter I illustrated the biases that anti-Rohingya Rakhine
leaders have instilled in Rakhinese society against the Rohingya since at least the 1970s.
They presented the Rohingya as the problem in their society in literature and teachings.
Myanmar who were brought in during British colonial rule.51 The central governments
49
Ibid., 95.
50
Ibid., 84.
51
Bahar, Burmas Missing Dots: The Emerging Face of Genocide: Essays on
Chauvinistic Nationalism and Genocide in Burma; with the Popular Novel Rohingyama,
24 7.
43
support of this false story has served to bolster Buddhist hatred toward the Rohingya.
The 1982 Citizenship Law codifies the illegality of the Rohingya in Myanmar, and the
mob violence against the Rohingya in 1978, 1991, 2001, and 2002 demonstrate strong
government support for the destruction and removal of the Rohingya from Myanmar.
on indicators for large-scale ethnic collective violence and genocide has found that
genocidal states have autocratic governments and a pattern of political exclusion and
the countrys independence movement from British colonial rule, has increasingly
influenced the predominantly Buddhist society to expunge all foreigners. The 969
Movement serves as the head of this effort through its leader, the rabble-rousing monk
businesses and seeks to restrict interfaith marriages. Following the 2012 ethnic riots,
Time magazine portrayed Ashin Wirathus picture on its July 2013 cover as The Face
of Buddhist Terror. The 969 Movement stokes anti-Muslim sentiment and seeks to
52
Oberschall, Conflict and Peace Building in Divided Societies: Responses to
Ethnic Violence, 95.
53
Tin Maung Maung Than, Myanmar in 2013: At the Halfway Mark, Asian
Survey 54, no. 1 (January/February 2014): 28, JSTOR (accessed April 8, 2014).
44
The governments management of the aftermath of the June and October 2012
bring about its physical destruction in whole or in part. This is the third aspect of the
definition of genocide in the 1948 Genocide Convention.54 Rohingya who fled the
violence went to IDP sites throughout Rakhine state, with the largest 15 camps located
in the area of the state capital, Sittwe. The populations in these sites lack many basic
human needs such as sufficient shelter, medical attention, safe water, and latrines. The
central government has made no attempt to facilitate a return of Rohingya IDPs to their
villages. In contrast, the IDP sites populated by displaced Rakhinese are equipped with
adequate food, water, and sanitation, and the government is actively working to return
International humanitarian aid workers have not been fully allowed to return to
their programs supporting the Rohingya population following the conflict. The
Myanmar government expelled the NGO Medecins Sans Frontieres, the primary health
service provider to the Rakhine, after January 2014 when the group released the
numbers of victims it treated from violence in Rakhine state. Buddhist leaders have
since advocated for the removal of all UN agencies and international NGOs from
Rakhine state.56 Muslim IDPs are not allowed to leave the camps to pursue livelihoods
54
Oberschall, Conflict and Peace Building in Divided Societies: Responses to
Ethnic Violence, 83 4.
55
All You Can Do is Pray: Crimes Against Humanity and Ethnic Cleansing
of Rohingya Muslims in Burmas Arakan State, 87 9.
56
Gabaudan and Teff, Myanmar: Act Immediately to Protect Displaced
Peoples Rights, 2.
45
because their movement is restricted by the state security forces. They are also not
result, the Rohingya are suffering from acute malnutrition and are dying from easily
treatable diseases. Myanmar authorities appear determined to starve and sicken the
The Myanmar government has thus perpetrated many key elements that threaten
the existence of the Rohingya: denial of their right to citizenship; far-reaching state
discrimination against them; facilitation of public hatred and violence against the
Rohingya; and restriction from access to food, medicine, and other basic necessities of
life. Together, these elements demonstrate that Myanmars policies against the
Rohingya have escalated from long standing ethnic cleansing to the initiation of
genocide.59 For those Rohingya trapped in the IDP camps, there is no escape from the
Outside of the camps, Myanmars ethnic cleansing and genocide policies have
International, from October 2012 to July 2013 immediately following the sectarian
57
All You Can Do is Pray: Crimes Against Humanity and Ethnic Cleansing
of Rohingya Muslims in Burmas Arakan State, 91 2.
58
Motlagh, These Arent Refugee Camps, Theyre Concentration Camps, and
People are Dying in Them.
59
Khin, Is Rohingya Genocide in Burma Being Ignored?
46
Myanmars neighboring states, compared to 140 in 2011.60 For those who succeed in
reaching these countries, the Rohingya are still subject to continued human rights abuses
receive refugees through the Convention relating to the Status of Refugees (1951
Convention), which was later amended by the 1967 Protocol. These documents
clearly spell out who is a refugee and the kind of legal protection, other assistance and
social rights a refugee is entitled to receive. Refugees are authorized under this
Convention to receive several rights, to include the right not to be punished; the right
not to be expelled; the right to work; the right to housing; and the right to freedom of
movement. The Convention does not protect economic migrants, defined as persons
who have not fled persecution, as they enjoy the protection of their own government
when abroad.61
However, Bangladesh, Thailand, and Malaysia have not ratified the Refugee
Convention of 1951, and they do not have any domestic legislation for the protection of
refugees. They view the smuggling of Rohingya into their territories as the illegal entry
of economic migrants rather than as asylum seekers. Unfortunately for the Rohingya,
there is limited space for the UNHCR to implement its mandate in these countries. The
Rohingya journey to these countries where they face certain continued persecution in
60
Analysis: In Search of a Regional Rohingya Solution.
61
1951 Convention Relating to the Status of Refugees and its 1967 Protocol,
The, United Nations Office of the High Commissioner for Human Rights, September
2011: 1 4, http://www.unhcr.org/4ec262df9.html (accessed July 16, 2014).
47
order to escape systemic oppression, discrimination and human rights violations, and
are unable to reenter Myanmar without documentation of their residence in the state,
and the detaining states cannot determine where to deport the stateless detainees.
Myanmars neighboring states are also unwilling to let the Rohingya illegally reside
within their territory. As a result, the Rohingya regularly suffer indefinite detention in
Bangladesh, Thailand, and Malaysia because the question of where to send them
remains unresolved.63
Bangladesh hosts the largest number of Rohingya refugees due to the border it
shares with Myanmars Rakhine state in northwest Myanmar. As of 2010, the Rohingya
refugee population in Bangladesh was estimated at 200,000 to 400,000. That year, there
were only 28,000 registered Rohingya refugees in Bangladesh that lived in official
camps administered by the Bangladeshi government and the UNHCR. The remaining
Rohingya refugees are not protected by the UNHCR because Bangladesh ceased
conferring refugee status to the Rohingya after 1993.64 Within the two official UNHCR
62
Lewa, "Asia's New Boat People," 42.
63
Weissbrodt and Collins, The Human Rights of Stateless Persons, 267 8.
64
Stateless and Starving: Persecuted Rohingya Flee Burma and Starve in
Bangladesh, Physicians for Human Rights, 2010: 6,
https://s3.amazonaws.com/PRH_Reports/stateless-and-starving.pdf (accessed March 30,
2014).
48
assisted refugee camps in the Coxs Bazar district, Kutupalong and Nayapara, there is
In contrast, unregistered Rohingya are not eligible to receive aid from UNHCR
or other international aid organizations. Rohingya refugees living beyond the official
camps are largely located in squalid villages along the coastal regions of Bangladesh.
These low-lying areas are prone to floods that inundate villages, destroy crops, and
spread disease and famine in their wake.66 The number of displaced Rohingya forced
persists.67
1951, Bangladesh does not confer any rights to the Rohingya refugees. They are denied
the freedom of movement, the right to work, and the right to education. Essentially,
they are denied the right to self-reliance and self-determination.68 They receive virtually
no support and live in sub-human conditions. Its common for 16 or more to live
together in a single room of barely 30 square feet. Rohingya men and women are often
targets of human traffickers who sell them into servitude or sex slavery. Women are
65
Brad K Blitz, Rescue for the Rohingya, The World Today 66, no. 5 (2010):
31, http://search.proquest.com/docview/89204935?accountid=11091 (accessed June 25,
2014).
66
Omi, Fleeing Burma, 60.
67
Blitz, Rescue for the Rohingya, 31.
68
Pia Prytz Phiri, "Rohingyas and Refugee Status in Bangladesh," Forced
Migration Review, no. 30 (2008): 34, Academic Search Premier, EBSCOhost (accessed
June 25, 2014).
49
often gang-raped or forced into marriages with Bangladeshi thugs.69 State security
Bangladeshi police and border security systematically round up, jail, or expel
unregistered refugees across the Burmese border. Refugees in unofficial camps fear
arrest from leaving the camps. As a result, they are unable to find work or to buy food,
and their unregistered status restricts them from receiving food aid. Therefore, the
Rohingya refugees in Bangladesh are being left to die from starvation.70 Rohingya who
are able to obtain work are exploited by Bangladeshi employers who pay them as little
as half the amount for Bangladeshi workers doing the same labor. If they are caught
encounters overpopulated areas with limited resources to support its population, and the
69
Omi, Fleeing Burma, 58.
70
Stateless and Starving: Persecuted Rohingya Flee Burma and Starve in
Bangladesh, 6.
71
Omi, Fleeing Burma, 61 3.
72
Ibid., 58.
50
camps also threaten the security of Bangladesh by providing safe havens for militants.73
working.74
The issue of the Rohingya refugees also jeopardizes relations between Myanmar
and Bangladesh.75 Bangladesh has stepped up efforts since 2008 to expel large numbers
of Rohingya back to Myanmar due to new conflicts over the two countries disputed
and South Koreas Daewoo International Corporation to explore oil and gas resources in
contested waters. Since then, Bangladesh has increased its expulsion of Rohingya living
in the border area. Tensions increased between the two countries following the
kilometer fence along the countrys border with Bangladesh. Despite the Myanmar
governments claims to the contrary, this fence is intended to prevent the future return of
the Rohingya refugees to Myanmar. In response, Bangladesh has increased the number
73
Parnini, "The Crisis of the Rohingya as a Muslim Minority in Myanmar and
Bilateral Relations with Bangladesh," 284 5.
74
Burma: A Human Tragedy.
51
On Myanmars Eastern border, Rohingya fleeing violence in Myanmar turn to
smugglers in Thailand for passage to Malaysia, a majority Muslim country that largely
accepts the refugees. The refugees use Thailand as a way-station where Rohingya arrive
on fishing vessels as human cargo. Thailand does not provide basic shelter or accept
requests for asylum from the Rohingya. Once in Thailand, if the Rohingya have the
$2,000 fee demanded by the brokers, then they quickly depart for Malaysia. Those who
do not have the means to pay for their transit to Malaysia languish in smugglers camps
hidden in the jungles of Thailand, or in government detention camps, where they usually
die.77 As of July 2013, nearly 2,000 Rohingya men, women, and children were captive
Without the means to pay the smugglers for transport to Malaysia, Rohingya
refugees remain trapped in camps hidden in Thailands jungles and are kept in open air
indentured labor. Rohingya are often forced into indentured servitude on Thai
plantations and fishing vessels.79 Similar to their treatment in Bangladesh, the Thai
government does not confer any rights on the Rohingya and does not protect them from
these abuses.
77
Jane Perlez, For Myanmar Muslim Minority, No Escape from Brutality, The
New York Times, March 14, 2014,
http://www.nytimes.com/2014/03/15/world/asia/trapped-between-home-and-refuge-
burmese-muslims-are-brutalized.html?_r=0 (accessed April 5, 2014).
78
Analysis: In Search of a Regional Rohingya Solution.
79
Ibid.
52
Rohingya who are captured by the Thai government and survive incarceration in
the detention camps are eventually moved out for deportation from the country. Thai
officials claim that the refugees should be granted citizenship in Myanmar and that their
illegal presence in Thailand gives the Thai government no choice but to deport them.
Instead of sending them back to Myanmar, from which they fled, Thai officials engage
in a soft deportation whereby they load the Rohingya refugees onto boats and send
them off into the Andaman Sea with no destination. For those who survive the
deportation, about 80 percent are once again captured by smuggling rings.80 According
to the Peoples Empowerment Foundation, In 2009, the Thai navy towed six boatloads
[of Rohingya] (over 1,000 people) back to the Andaman Sea where they were left
without food, water, and fuel. The refugees were eventually picked up by the
Indonesian navy, but many are not so lucky.81 Thus, the stateless Rohingya are usually
government. Even when the Rohingya refugees manage to reach Malaysia, they receive
countries. For decades, human smugglers sent the Rohingya to Saudi Arabia, Pakistan,
and to the UAE where many were able to obtain a temporary permit to stay. At first,
Saudi Arabia was the preferred destination for refugees leading Bangladesh. However,
since 2005 tighter restrictions on documentation in Bangladesh and Saudi Arabia have
diverted the Rohingya to Malaysia as the only affordable Muslim destination. Malaysia
80
Ibid.
81
Analysis: In Search of a Regional Rohingya Solution.
53
began registering Rohingya for residence and work permits in August 2006. The
process was quickly suspended due to allegations of fraud, but not before word spread to
the Rohingya in Myanmar and Bangladesh. Hence, Rohingya refugees began to travel
to Malaysia via the dangerous sea voyage in the Bay of Bengal as the only option for
leaving without travel documentation. The most popular route runs by land through
Thailand because most, if not all, of the boats landing in Malaysia are captured, which
The UNHCR states, as of April 2014, that there are 36,290 Rohingya refugees
refugees and asylum-seekers for months in immigration camps where they suffer
malnutrition, unsanitary conditions, and beatings. They are usually then pushed back
across the border into Thailand where they entered Malaysia.84 Without legal
and detention. The Rohingya are not allowed to work in Malaysia, even if they hold
UNHCR documentation, and as a result they are forced to work illegally. Despite the
because their homes have been destroyed and they fear physical violence.85
82
Lewa, "Asia's New Boat People," 40 1.
83
Cynthia Ng and Teoh El Sen, Rohingya in Malaysia: Between a Rock and a
Hard Place, Astro Awani, June 12, 2014,
http://english.astroawani.com/news/show/rohingya-in-malaysia-between-a-rock-and-a-
hard-place-35991 (accessed June 25, 2014).
84
Weissbrodt and Collins, The Human Rights of Stateless Persons, 267.
85
Ng and Sen, Rohingya in Malaysia: Between a Rock and a Hard Place.
54
The plight of the Rohingya is therefore not contained to Myanmar alone.
Neighboring states like Bangladesh, Thailand, and Malaysia are also involved in the
plight of the Rohingya and must, therefore, be part of any solution to this humanitarian
crisis. As this chapter has shown, they are denied human rights and they suffer political
suffered widespread violence since 2012, including genocide, forcing many of them to
seek refuge in neighboring countries. The ethnic cleansing and genocide of the
Rohingya from Myanmar cannot be allowed to continue, and the human rights
violations perpetrated against the Rohingya in Bangladesh, Thailand, and Malaysia must
be mitigated. Myanmars internal ethnic conflict has become a regional conflict, which
can only be resolved through international action. The following chapter will analyze
55
CHAPTER III
Chapter III will examine the overall failure of the Myanmar government and the
international community, consisting of the US, UN, EU, and ASEAN, to protect the
Rohingya from ethnic cleansing and genocide since the 2012 widespread massacres in
Rakhine state. This chapter will argue that since these massacres, the Myanmar
government and international community are not fulfilling their duty under the UN
"responsibility to protect" (RtoP) principle to save the Rohingya from crimes against
humanity. The chapter is organized in four parts. The first section reviews the tenets of
the RtoP clause, which the UN General Assembly unanimously endorsed in 2005 and
which requires states to protect their populations from human rights abuses. The second
section assesses the Myanmar governments failure to protect the Rohingya from ethnic
cleansing and genocide in Rakhine state. The third section traces the actions, but
government to implement reforms that will help to protect its Rohingya population.
Chapter III will end with a recommendation for collective international action by the
US, UN, EU, and ASEAN to end the violence against the Rohingya in Myanmar.
In order to protect the Rohingya, the principle of RtoP is the most appropriate
international norm to apply to resolve the human rights violations in Myanmar because
it obligates states to safeguard their populations from crimes such as ethnic cleansing
and genocide. The Myanmar government is responsible under RtoP to protect the
Rohingya since, despite their stateless status, they are human beings living within the
56
because the Myanmar government is unwilling and unable to protect the Rohingya.
Moreover, the Rohingya refugees from Myanmar are adversely affecting at least four
ASEAN member nations and Bangladesh. Without some intervention from of the
international community, the gross human rights violations against the Rohingya will
continue.
The RtoP norm grew out of events in the 1990s, such as the Rwandan genocide
and the atrocities in the former Yugoslavia. In both of these cases, the international
community did not effectively prevent or respond to the gross human rights violations
perpetrated against populations within the two sovereign states. These unfortunate
events made it apparent that state sovereignty alone should not prevent the international
community from responding to humanitarian crises. The norm focuses on the victims
Since the 1990s, a collection of international humanitarian law has come to legitimize
the involvement of external states in the affairs of states that massively oppress and
1
Noel Morada, ASEAN, The Rohingyas and Myanmars Responsibility to
Protect, Asia Pacific Center for the Responsibility to Protect 2, no. 9 (2012): 5,
http://www.r2pasiapacific.org/docs/R2P%20Ideas%20in%20Brief/R2P%20Ideas%20in
%20Brief%20ASEAN%20The%20Rohingyas%20and%20Myanmars%20R2P.pdf
(accessed July 23, 2014). According to Morada, ASEAN should take the leading role in
the international response.
2
Louise Arbour, The Responsibility to Protect as a Duty of Care in
International Law and Practice, Review of International Studies 32, no. 3 (2008): 445
8, http://www.jstor.org/stable/40212484 (accessed July 31, 2014).
57
persecute their own people violently to protect populations, like the Rohingya, from
further crimes.3
State Responsibility in 2001, and the RtoP principle was unanimously endorsed at the
United Nations General Assembly on October 24, 2005, when world leaders committed
national authorities are manifestly failing to protect their populations.4 The RtoP
principle entails four pledges. First, all states have the responsibility to protect their
own citizens from genocide, ethnic cleansing, war crimes and crimes against humanity.
Second, the international community must help states with this responsibility, including
capacity building and assistance. Third, the international community has the obligation
people from genocide, ethnic cleansing, and mass atrocities. Fourth, the UN Security
Council will implement its powers under Chapter VII of the UN Charter should all
peaceful means fail to protect the afflicted population from the mass atrocities.5
Genocide Convention of 1948, which states that genocide, whether committed in time
of peace or in time of war, is a crime under international law which [states] undertake to
3
Oberschall, Conflict and Peace Building in Divided Societies: Responses to
Ethnic Violence, 83.
4
Arbour, The Responsibility to Protect as a Duty of Care in International Law
and Practice, 449.
5
2005 World Summit Outcome, United Nations General Assembly, October
24, 2005: 30, http://www.un.org/womenwatch/ods/A-RES-60-1-E.pdf (accessed July
31, 2014).
58
prevent and to punish. Violation of this Genocide Convention was cited as the legal
authority in the international criminal tribunals for the atrocities committed in the
former Yugoslavia and Rwanda. Essentially, both the 2005 UN RtoP document and the
long-standing 1948 Genocide Convention stipulate that the duty to protect individuals
against gross human rights violations is a function of sovereignty and should be fulfilled
by the state wherein the violence is occurring. Without the ability or willingness of that
state to fulfill such obligations, as is the case in Myanmar, the burden of responsibility
falls on external states. The international community is called to help, compel, or even
to meet its obligations to protect the Rohingya from continued ethnic cleansing and
genocide under the RtoP principle and the 1948 Genocide Convention. While the
Myanmar government has pursued policies of ethnic cleansing against the Rohingya
since at least the 1978 Nagamin pogrom, this analysis will focus on the countrys
inadequate response to the recent crisis in Rakhine state. The states failure to protect
the Rohingya from atrocities is evident through the active participation of state security
forces in the 2012 massacres, the Myanmar governments inadequate response and
investigation into the events, and its refusal or inability to protect the Rohingya from
As described in Chapter II of this thesis, the ethnic riots of 2012 triggered the
6
Arbour, The Responsibility to Protect as a Duty of Care in International Law
and Practice, 448 50.
59
security forces during the attacks demonstrates that the ethnic violence was not isolated
Rakhine states security forces, were participants in the destruction and murder that
crimes was both indirect and direct. While the violence was perpetrated primarily by
mobs, the state security forces stood by and did nothing to protect the Muslim
communities. In other instances, the state security forces participated directly in the
violence.7 Reports of the violence in June and October reveal that the state security
forces killed many Muslims attempting to protect their homes from fire and other
damage. Human Rights Watch assessed that this action suggests that the authorities
were willing to use lethal force against Rohingya . . . who were trying to prevent a
Human Rights Watch evidence indicates that political and religious leaders in
Rakhine state organized and provoked attacks against the Muslim populations to drive
them from the communities which they shared with the larger Buddhist population.
First, Rakhinese political and community groups issued educational pamphlets and
speeches leading up to the violence, which vilified the Rohingya ethnicity and called for
their removal from the community. Second, the Rakhinese political and religious
leaders held conferences and meetings leading up to the violence during which they
called for the Rohingya to leave the area. Third, in the months leading to the October
7
All You Can Do is Pray: Crimes Against Humanity and Ethnic Cleansing of
Rohingya Muslims in Burmas Arakan State, 15.
8
Ibid., 53.
60
violence, local authorities thwarted the ability of the Rohingya to conduct day-to-day
business in an attempt to force them to leave the area by restricting their freedom of
movement, opportunities to work, and access to aid.9 Thus, the author of this thesis has
concluded that the genocide against the Rohingya was planned, organized, and executed
by the elements of Myanmars government that should have protected the Rohingya
President Thein Seins government has not held the perpetrators of the massacres
responsible for their actions and has failed to achieve a solution that will protect the
Rohingya from future violence. Human Rights Watch has found no evidence that the
Myanmar government is taking any legal action against the perpetrators of the atrocities.
Instead, the government exacerbated the situation as state security forces impeded
justice by overseeing and ordering the digging of mass graves and dumping Rohingya
bodies near Rohingya internally displaced camps.10 Following the June 2012 violence,
President Thein Sein announced in July 2012 that the solution to the crisis was to send
the Rohingya to any country that would accept them or to UNHCR refugee camps in
other countries. At the time, public opinion supported his call for expatriation of the
Rohingya population as an acceptable political solution. President Thein Sen also sent a
commission, led by an ethnic Rakhinese man, to Rakhine state to assess the conflict
from June to July 2012. Unsurprisingly, the biased commission responded that there
had been no government abuses and that the humanitarian needs were being met. The
9
Ibid., 12.
10
Ibid., 15.
61
central government also denied that the conflict was severe and blamed foreign media
and organizations for fabricating the nature and extent of the violence.11
Affairs issued a press release on December 6, 2012, which denied any government
responsibility for the mass violence. The press release also referenced the Rohingya as
resolution issued by the UN General Assembly on November 26, 2012, which urged the
Myanmar government to improve the living situation for the Rohingya and to protect
their human rights, the Myanmar delegation accepted the resolution in principle but
rejected the existence of the Rohingya as an ethnic group in Myanmar. The government
strongly denied that there was any form of ethnic cleansing occurring in Rakhine state.
Government officials blamed the violence on communal conflict between the Rakhine
ethnic group and the Rohingya as a result of underdevelopment in the region and [a]
the conflict, the Myanmar government introduced several programs to advance social
relations in the region, which included initiatives geared towards improving law
11
Ibid., 83 5.
12
Ibid., 86.
13
Kipgen, Conflict in Rakhine State in Myanmar: Rohingya Muslims'
Conundrum, 305.
62
Unfortunately, the programs were half-hearted and did not improve conditions for the
Rohingya. Moreover, these steps fell far short of addressing the core issue of
citizenship rights for them. As a result, the governments response was unsuccessful in
Hence, in January 2014, ethnic tensions once again exploded between the
Rohingya Muslims and the Rakhine Buddhists in the village of Du Char Yar Tan in
Rakhine state. According to The Washington Post, at least 48 people were killed in
two separate incidents when Buddhist mobs went on a rampage against Rohingya
people in Rakhine state, to cease all operations in the state in response to the
This step then resulted in the severe health crisis that was described in detail in Chapter
Almost two years after the violence in 2012, nearly 140,000 Muslims (primarily
Myanmar government has not equipped the Rohingya IDP camps with basic human
14
Ibid., 307.
15
Unspeakable Violence Against Muslims in Burma, The Washington Post,
April 3, 2014, http://www.washingtonpost.com/opinions/unspeakable-violence-against-
muslims-in-burma/2014/04/03/fce8b3de-b466-11e3-b899-20667de76985_story.html
(accessed August 27, 2014).
16
Gabaudan and Teff, Myanmar: Act Immediately to Protect Displaced
Peoples Rights, 1.
63
needs, such as sufficient food, water, shelter, and latrines. In contrast, the Myanmar
government has supplied Rakhine IDP camps with sufficient resources and is actively
working to return Rakhine IDPs to their villages.17 This disproportional response to the
needs of the Rohingya and of the Rakhine communities indicates that the Myanmar
government is unwilling to protect the Rohingya from continued human rights abuses.
politically difficult for the nations leaders to address the Rohingya issue because fears
Myanmar. The Myanmar government understands that the Rohingya conflict threatens
positive relations with the West, but the pursuit of democratic votes prevents the
government from properly addressing the conflict. The small step of government
Rohingya in the countrys first national census in March 2014 caused a mob of Rakhine
Buddhists to attack the offices and the homes of foreign aid workers.18 In that month
alone, nearly 700 aid workers were evacuated due to the violence. Constitutional
17
All You Can Do is Pray: Crimes Against Humanity and Ethnic Cleansing
of Rohingya Muslims in Burmas Arakan State, 87 9.
18
Joseph Schatz, U.S. Officials Warn Burma that Attacks on Rohingya
Muslims, Aid Groups are Hurting Ties, The Washington Post (April 17, 2014),
http://www.washingtonpost.com/world/asia_pacific/us-officials-warn-burma-that-
attacks-on-rohingya-muslims-aid-groups-are-hurting-ties/2014/04/16/3a1bba4c-c193-
11e3-bcec-b71ee10e9bc3_story.html (accessed July 31, 2014).
64
reform, which is necessary to resolve the core issue of Rohingya statelessness, does not
Myanmar government has much to lose by providing protection and citizenship to the
logic of exclusion.20 Even opposition leader Aung San Suu Kyi has been widely
Myanmars parliament Rule of Law committee, headed by Suu Kyi, issued a statement
that called for respect for human rights, but also identified the root causes of the
communal strife as illegal migration and border security. These statements appear to be
calculated political responses so as to not alienate her party, the NLD, from the majority
Buddhist population.21 Moreover, she has presidential aspirations and needs the support
of the Buddhist leaders.22 Suu Kyis actions reflect the political reality in Myanmar that
the government is unwilling and unable to fulfill its responsibility to protect the
Rohingya.
19
Dont Count On It: Myanmars Course is Leading in the Wrong Direction,
36.
20
Staples, Retheorising Statelesness: A Background Theory of Membership in
World Politics, 152 3.
21
Noel Morada, ASEAN, The Rohingyas and Myanmars Responsibility to
Protect.
22
Halo Slips, The: Running for President Comes with Risks, The Economist,
June 15, 2013, http://www.economist.com/news/asia/21579512-running-president-
comes-risks-halo-slips (accessed August 27, 2014).
65
Since Myanmar has failed to prevent continuing human rights violations against
the Rohingya, the international community has the responsibility under the RtoP to
pursue all peaceful means to resolve the plight of the Rohingya and to provide Myanmar
with sufficient capacity building and assistance to end the ethnic and religious conflict.
However, the West in general has chosen to turn a blind eye to Myanmars ethnic
cleansing and genocide against the Rohingya in favor of economic and political
treatment of the Rohingya by the West and East Asia have fallen short of the response
In response to the positive reforms in Myanmar, in April 2012 the EU lifted all
sanctions on Myanmar, with the exception of its arms embargo, for one year pending
April 22, 2013, EU foreign ministers ended all travel bans and sanctions against
Myanmar, with the exception of its export ban on arms.23 The same day that the EU
permanently lifted its economic sanctions, which were designed to target military
International Crisis Group (ICG) awarded President Thein Sein the prestigious In
Pursuit of Peace award for his political reforms and peace efforts with ethnic minority
23
EU: Ending Sanctions Undercuts Burmas Rights Progress, Human Rights
Watch, April 22, 2013, http://www.hrw.org/news/2013/04/22/eu-ending-sanctions-
undercuts-burma-s-rights-progress (accessed August 13, 2014).
66
groups. However, on this same day, Human Rights Watch released its report on
As Leichts comments reveal, the lifted sanctions effectively overlook human rights
sanctions hastily, the EU may have sent the wrong message that human rights abuses
can continue in favor of economic development.26 The EU has abandoned its leverage
to ensure that Thein Seins government continues to make progress on the benchmarks
established in 2012 and, in particular, on improved human rights for the Rohingya.
retaining limited sanctions for the countrys violations of religious freedom, in response
The US normalized relations with Myanmar in 2012 through the appointment of Derek
24
Phillips, "The World's Blind Spot," 32 3.
25
EU: Ending Sanctions Undercuts Burmas Rights Progress.
26
Phillips, "The World's Blind Spot," 33.
27
US Department of State, International Religious Freedom Report: Burma, 2.
28
Schatz. U.S. Officials Warn Burma that Attacks on Rohingya Muslims, Aid
Groups are Hurting Ties.
67
2012, when President Obama became the first sitting US president to visit Myanmar,
focused on deepening democracy and protecting human rights. For example, one of the
Despite Myanmars failure to follow through with these commitments, the US under
President Barack Obama has not leveraged the full weight of its influence on Myanmar
Rather, the US has pursued only limited measures to hold Mr. Thein Seins
urging the state to end human rights abuses against the Rohingya. For example, on May
20, 2013, during a bilateral meeting in Washington, President Obama urged President
Thein Sein to take strong action to combat sectarian violence and to ensure respect for
religious freedom.32 On October 10, 2013, Secretary of State John Kerry reiterated
President Obamas message to President Thein Sein on the sidelines of the East Asia
Summit in Bandar Seri Begawan. Senior former and current US officials, including
29
Holliday, Myanmar in 2012: Toward a Normal State, 98.
30
Daniel Sullivan, Burmas Broken Commitments: Thein Seins 11 Promises to
Obama, United to End Genocide, November 19, 2013, http://endgenocide.org/burmas-
broken-promises-thein-seins-11-commitments-obama/ (accessed August 13, 2014).
31
Schatz. U.S. Officials Warn Burma that Attacks on Rohingya Muslims, Aid
Groups are Hurting Ties.
32
US Department of State, International Religious Freedom Report: Burma, 11.
68
former Presidents Carter and Clinton and former Secretary of State Albright, raised
similar concerns during their visits to Myanmar. US embassy officials at all levels
discussed the importance of addressing sectarian violence and religious freedom with
high-level Myanmar government leaders and religious leaders throughout 2013. For
of all major religious groups to discuss ways to promote religious freedom and respect
for religious diversity. On October 1, he also spoke out against sectarian violence at
However, these actions have not effectively influenced Naypyidaw to protect its
Muslim Rohingya population. Since the US prematurely removed most of its sanctions
rights in the country has been diminished. Rather, the human rights of the Rohingya
have since deteriorated dramatically with no movement in sight for progress.34 On May
recognize the human rights of all religious minorities. It also called on the United
States Government and the international community to put consistent pressure on the
Government of Burma to take all necessary measures to end the persecution and
33
Ibid., 12.
34
U.S. Cant Ease up on Burma Now, The Washington Post, August 4, 2014,
http://www.washingtonpost.com/opinions/the-us-cant-ease-up-on-burma-
now/2014/08/04/5a99105e-142b-11e4-8936-26932bcfd6ed_story.html (accessed
August 27, 2014).
69
with Myanmar is viewed as a vital foreign policy success for the White House.
goal to increase US military presence in Southeast Asia. To this end, the US is pursuing
on the support Myanmar can provide in its role as the 2014 chair of ASEAN in
mediating territorial disputes in the South China Sea.38 In addition to the political and
strategic gains that partnership with Myanmar represents, the US also seeks to benefit
35
US Congress, House, Urging the Government of Burma to End the
Persecution of the Rohingya People and Respect Internationally Recognized Human
Rights for All Ethnic and Religious Minority Groups Within Burma, H.Res. 418, 113th
Congress, May 7, 2014, https://www.govtrack.us/congress/bills/113/hres418/text
(accessed July 31, 2014).
36
John Hudson, Too Soon to Celebrate? Congress Slams Myanmar Ahead of
Kerry Visit, Foreign Policy, July 9, 2014,
http://thecable.foreignpolicy.com/posts/2014/07/09/too_soon_to_celebrate_congress_sla
ms_myanmar_ahead_of_kerry_visit (accessed July 31, 2014).
37
Patrick Barta, Why the U.S. Needs Myanmar, The Wall Street Journal,
November 19, 2012, Video, http://live.wsj.com/video/why-the-us-needs-
myanmar/7DBEEED1-8454-4E35-809B-224EAF99541F.html#!7DBEEED1-8454-
4E35-809B-224EAF99541F (accessed July 31, 2014).
38
Schatz, U.S. Officials Warn Burma that Attacks on Rohingya Muslims, Aid
Groups are Hurting Ties.
70
country.39 American oil firms are particularly keen to explore Myanmars offshore oil
and gas reserves, which foreign experts estimate to be on par with Brazils reserves.40
For all these political, strategic, and economic reasons, President Obama has not
held President Thein Sein accountable to his commitment to protect the Rohingya. The
Washington Posts Fact Checker column in December 2013 assessed that the US
government had not effectively stood up against atrocities in Myanmar, because attacks
have continued almost unabated with little or no consequences for the killers.41 Thus,
the US has not pursued all peaceful means to end the human rights abuses against the
Rohingya as required by the RtoP. Without stronger action, ethnic cleansing and
Meanwhile, Myanmar and its neighbors in ASEAN have also not been
successful in taking decisive action to resolve the plight of the Rohingya, which affects
several ASEAN member states. ASEAN introduced the issue of the Rohingya in 2009
at the 14th ASEAN Summit when member states discussed the need to cooperate to find
39
James Politi, US to Help Companies Invest in Myanmar, Financial Times,
April 17, 2014, http://www.ft.com/cms/s/0/9d61898a-c637-11e3-ba0e-
00144feabdc0.html#axzz3ATxTSsyh (accessed August 15, 2014).
40
Drilling in the Dark: Companies Will Soon Find out How Much Oil and Gas
There Really is Offshore, The Economist, March 19, 2014,
http://www.economist.com/news/business/21599810-companies-will-soon-find-out-
how-much-oil-and-gas-there-really-offshore-drilling-dark (accessed August 15, 2014).
41
Glenn Kessler, How Much Has the United States Been Standing Up
Against Atrocities in Burma? The Washington Post, December 31, 2013,
http://www.washingtonpost.com/blogs/fact-checker/wp/2013/12/31/how-much-has-the-
united-states-been-standing-up-against-atrocities-in-burma/ (accessed August 13, 2014).
71
ASEAN established the Bali process to primarily decrease transnational crimes like
smuggling and illegal migration. However, this process was not very successful in
trafficking.42
Later, following the 2012 riots, ASEAN failed to propose an effective solution to
address the Rohingya issue.43 In response to the first outbreak of violence in Rakhine
state, in August 2012, ASEAN foreign ministers merely issued a statement that
provide humanitarian assistance to Rakhine state and stressed the promotion of national
Following the second outbreak of violence, in October 2012, Surin Pitsuwan, the
then Secretary-General of ASEAN, warned that the Rohingya issue could destabilize the
tripartite talks between ASEAN, the UN, and the Myanmar government to prevent the
violence in Rakhine state from having a broader regional impact. However, Myanmar
42
Analysis: In Search of a Regional Rohingya Solution.
43
Ibid.
44
Morada, ASEAN, The Rohingyas and Myanmars Responsibility to Protect,
3.
45
Analysis: In Search of a Regional Rohingya Solution.
72
rejected the offer by claiming that the issue was an internal matter.46 ASEAN has not
made progress to influence Myanmar to accept its support and assistance to protect the
coordinated action to protect the Rohingya under the RtoP doctrine. To date, the
international communitys slight attempts at resolving the conflict have not been
effective, and the Myanmar government has shown that it is unwilling or unable to end
the ethnic cleansing and genocide against the Rohingya. The international community
should engage in consolidated, coherent advocacy for Myanmar to solve the key issues
in the Rohingya conflict.47 Led by the US, EU, UN, and ASEAN, such advocacy will
have the necessary influence and legitimacy to affect change. According to Joey
Dimaandal, Program Associates for the South East Asia Committee for Advocacy, this
type of effort will put pressure on the [Myanmar] government to do more to ease the
plight of the Rohingya people and prevent the situation from spiraling out of control.48
international norm during the 2005 World Summit. Yet, during the July 2009 UN
Representative U Kyaw Zwar Min stated that RtoP must be narrowly focused to address
46
Myanmar Declined Talks Offer On Violence: ASEAN, Agence France-
Presse, October 30, 2012, http://reliefweb.int/report/myanmar/myanmar-declined-talks-
offer-violence-asean (accessed August 13, 2014).
47
Gabaudan and Teff, Myanmar: Act Immediately to Protect Displaced
Peoples Rights, 2.
48
Analysis: In Search of a Regional Rohingya Solution.
73
the prevention of genocide, ethnic cleansing, war crimes, and crimes against
invoked as validation for international intervention when prevention fails.49 Since the
Myanmar government denies that ethnic cleansing is taking place in Rakhine state, and
the government has rejected offers by ASEAN to assist in resolving the conflict, the
international community will face serious challenges in its pursuit of peaceful means to
because the spill-over of Myanmars ethnic conflict into neighboring ASEAN member
according to the ASEAN Charter, promoting and protecting human rights is one of the
primary purposes of the Association.50 ASEAN also has a positive history of facilitating
following Cyclone Nargis, which devastated Myanmars Irrawaddy Delta region, when
the military junta refused to allow the West to provide humanitarian assistance, ASEAN
49
Morada, ASEAN, The Rohingyas and Myanmars Responsibility to Protect,
5.
50
Good Practices: Addressing Statelessness in South East Asia, United
Nations High Commissioner for Refugees, October 29, 2010: 16,
http://www.unhcr.org/4d7de47f9.html (accessed April 8, 2014).
74
international humanitarian aid under the aegis of ASEAN.51 Thus, former Secretary-
mediation, and conflict prevention in Rakhine state. The lessons learned by other
ASEAN member states, such as Indonesia, Malaysia, Thailand, and the Philippines, in
Rohingya conflict. Member states should assist Myanmar with border security and
migration issues as well as with strengthening local government capabilities for peace
management. ASEAN should leverage the resources and expertise of dialogue partners,
such as the US, Australia, and the EU, to assist in Myanmars capacity building in law
refugees. ASEAN countries fear that a formal regional policy regarding refugee
acceptance will only encourage more arrivals; therefore, no ASEAN country has taken
51
Morada, ASEAN, The Rohingyas and Myanmars Responsibility to Protect,
5.
52
Ibid.
53
Analysis: In Search of a Regional Rohingya Solution.
75
response to the human rights abuses suffered by the Rohingya refugees, individual
governments will continue to persecute the Rohingya and fail to fulfill their RtoP.
the Rohingya. In partnership with ASEAN, the international community response must
consist of consolidated, coherent advocacy by the US, the EU, and UN for Myanmar to
solve the key issues in the Rohingya conflict. According to Matthew Smith, Executive
Director of Fortify Rights International, Regional countries should use their economic
should also leverage their economic resources to improve conditions for the Rohingya.
The US and EU should return to slower normalization of relations with Myanmar until
resolve the plight of the Rohingya. For Myanmars leaders, normalizing relations with
the [US] government was key to ending their dependence on China.55 The Myanmar
government will not likely allow a return to the countrys diplomatic isolation and poor
over human rights abuses in East Timor delineates the power of economic incentives to
force change to end crimes against humanity. Like Myanmar, Jakarta initially refused
international support to end violence in East Timor despite the governments inability to
54
Ibid.
55
Schatz, U.S. Officials Warn Burma that Attacks on Rohingya Muslims, Aid
Groups are Hurting Ties.
76
resolve the conflict. However, following widespread economic sanctions by the US and
the EU, the suspension of further loans by the International Monetary Fund (IMF), and
the cessation of a $1 billion aid program by the World Bank in response to the violence,
diplomatic and economic actions to protect the East Timorese.56 The international
community must similarly use economic incentives to end the human rights violations
against the Rohingya in Myanmar to include the possible removal of the World Banks
$245 million assistance package, which was awarded to the country in 2012.57
The responsibility to protect necessitates that states look after their populations
to ensure that they do not suffer crimes against humanity, such as ethnic cleansing and
genocide. This chapter has shown that the Myanmar government is unable or unwilling
to defend the Rohingya against continued abuse. Due to this failure to protect, the
regional association, ASEAN, and the international community are obligated under the
RtoP principle to pursue all peaceful means to provide this protection. However, to date
ASEAN, the US, and the EU have implemented only half measures to influence change
within Myanmar with respect to the plight of the Rohingya. The international
community needs to pursue coordinated diplomatic and economic steps that make it
clear to the Myanmar government that there is a high cost associated with its refusal to
end the abuses against the Rohingya. The next chapter provides recommendations for a
56
Nicholas Wheeler and Tim Dunne, East Timor and the New Humanitarian
Interventionism, International Affairs 77, no. 4 (October 2001): 819, JSTOR (accessed
April 9, 2014).
57
Holliday, Myanmar in 2012: Toward a Normal State, 99.
77
peace building plan for the Rohingya conflict to include some short-term and long-term
solutions that need to be implemented to ensure the survival of this long persecuted
78
CHAPTER IV
conditions for the Rohingya, the Myanmar government, with international support and
oversight, must implement peace building measures to prevent further Rohingya loss of
life. The aim of this chapter is to provide such a plan, with both short-term and long-
term recommendations that must be implemented to save the Rohingya and close the
ethnic and religious fissures in Myanmar society. Chapter IV is divided in five sections
and the scope is the present in 2014 as the Rohingya are in grave danger. The first
section identifies short-term humanitarian measures, which must be executed within the
next six months to stem the rising tide of the Rohingya refugees who are starving from
lack of food and dying from preventable conditions. The second section analyzes long-
term political changes, which must be carried out within the next two years, to include
amendments to the constitution and other safeguards for truth and justice in Myanmar.
The third section addresses the long-term solutions for economic recovery to mitigate
one of the central drivers of the ethnic and religious conflict in the poverty ridden
Myanmar society to mend social ties by upholding values of religious tolerance and
interfaith cooperation. Chapter IV will end with recommendations for wider regional
and international solutions to address the plight of the Rohingya refugees living in
79
The international community must provide immediate humanitarian aid to the
Rohingya IDPs trapped in Myanmars camps in order to fulfill its basic requirements
under the RtoP. This international aid is vital as the Myanmar government has still not
made improvements in its treatment of its unwanted Muslim minority group. For
example, as of July 29, 2014, The Washington Post reported that the Rohingya
freedom of movement, restrictions in access to land, food, water, education, and health
care. Moreover, the governments expulsion of the aid group Doctors Without
Borders in February 2014, followed by the evacuation of foreign aid groups in March
and April 2014, have had dire consequences for the abandoned Rohingya. According to
Myanmar, his group saw the number of admissions for severe acute malnutrition double
from March to June 2014. Rohingya IDP camps have been left without food at times for
as long as 15 days. They have also gone without soap, water, and other sanitary
supplies, which gave rise to widespread diarrhea and other diseases. Without NGO
populations and internment camps in Rakhine state.2 It announced on July 24, 2014 that
1
Annie Gowen, Malnutrition, Disease Rising in Camps of Burmas Rohingya
Muslims, The Washington Post, July 29, 2014,
http://www.washingtonpost.com/world/asia_pacific/malnutrition-disease-rising-in-
burmese-muslim-camps/2014/07/29/4c5dc62c-135b-11e4-98ee-
daea85133bc9_story.html (accessed August 27, 2014).
2
All You Can Do is Pray: Crimes Against Humanity and Ethnic Cleansing of
Rohingya Muslims in Burmas Arakan State, 18.
80
it would allow Doctors without Borders to resume work in the state. However, at the
time of this writing, this medical group has not been permitted to meet with the
necessary for international groups to operate in Myanmar. Hence, the group has not
communicate what it expects of the group following the cessation of its suspension.3
The long delay in granting the doctors approval to restart work in Rakhine state lends
credence to skeptics who argue that the announcement was simply a public relations
resume work in Rakhine state to prevent further deaths in the Rohingya communities.
Aid groups, the UN, and the Myanmar government should do more to ensure the
protection of humanitarian personnel working in the conflict area. Since the Myanmar
government failed to protect the foreign aid groups from violence in the spring of 2014,
UN security forces should be deployed within Rakhine state to protect aid workers and
to deter violence.5 Aid groups should respond with more sensitivity in their future work
3
Shibani Mahtani, Medical Group Pushes for Access to Myanmars Rakhine
State, The Wall Street Journal, August 8, 2014, http://online.wsj.com/articles/medical-
group-pushes-for-access-to-myanmars-rakhine-state-1407498819 (accessed August 27,
2014).
4
Gowen, Malnutrition, Disease Rising in Camps of Burmas Rohingya
Muslims.
5
Phillips, "The World's Blind Spot," 33.
81
One reason for the early 2014 outbreak of violence was ethnic Rakhinese
resentment towards foreign aid groups for showing the Rohingya preferential treatment,
when the Rakhinese view the Rohingya as illegal migrants. In actual fact, most aid
groups provided support to both the Rakhine and Rohingya communities, but the
Rohingya population suffered the most during the ethnic riots of 2012. So far, the
Myanmar government has not assisted the Muslim population in the way it has the
Rakhinese. Humanitarian agencies must strive to distribute more impartial aid within
Rakhine state. Oliver Lacey-Hall, the acting head of the UN Office for the Coordination
Rakhine state [need to] take a conflict-sensitive approach to providing aid so that they
do not fuel existing tensions between communities. Aid agencies need to work with
leaders from all segments of the Rakhine state population to explain how and why aid is
Another immediate necessary step to ensure the protection of the Rohingya is the
Myanmar to monitor human rights abuses. The establishment of this important office
was one of the 11 promises President Thein Sein made to President Obama in
November 2012.7 The Myanmar government must follow through on this promise to
take a concrete step towards ending human rights abuses. Thomas Andrews, president
of United to End Genocide, in his testimony before the US House Foreign Affairs
6
Dana MacLean, Analysis: Myanmars Rakhine State Where Aid Can Do
Harm, IRIN, July 3, 2013, http://www.irinnews.org/report/98351/analysis-myanmar-s-
rakhine-state-where-aid-can-do-harm (accessed August 19, 2014).
7
Phillips, "The World's Blind Spot," 33.
82
Committee, called for the opening of a UNHCR office in Myanmar as a prerequisite for
further diplomatic or military visits to the country.8 The short-term solutions of direct
humanitarian aid to affected populations and the opening of a UNHCR office will
mitigate the severe health crisis present in the Rohingya IDP camps and facilitate
the Myanmar government must pursue long-term political changes before President
Thein Sein leaves office in 2016; these measures will necessitate constitutional
amendments and additional safeguards for minority rights, truth, and justice in
Myanmar without addressing the broader political issues will serve only to ensure that
the current IDP camp setting continues to obstruct livelihoods and prevent future
reconciliation in Rakhine state.9 First and foremost, the Rohingya must be granted full
citizenship in Myanmar, and discriminatory laws, which target minority ethnic and
religious groups, must be rejected in favor of protections for all the religions in the
country. The crux of the complex Rohingya conflict lies with their statelessness, and
without implementing an inclusive nationality law, real peace and stability in the region
cannot be realized.10
8
Hudson, Too Soon to Celebrate? Congress Slams Myanmar Ahead of Kerry
Visit.
9
MacLean, Analysis: Myanmars Rakhine State Where Aid Can Do Harm.
10
Kipgen, Conflict in Rakhine State in Myanmar: Rohingya Muslims'
Conundrum, 308.
83
Thus, Myanmars constitution must be rewritten to eliminate discriminatory
order to grant citizenship to the Rohingya. The country must revise legislation to ensure
equal protection of rights for the Rohingya and other Muslims in Myanmar in
accordance with international human rights laws. The Myanmar government must
that they have access to means for livelihood, property, and acquiring the necessities of
life.11 Myanmar should leverage the experience of its fellow ASEAN member states to
end discriminatory laws and to recognize the Rohingya as citizens. For example, in
2006, Indonesia passed a new nationality law that ended past discrimination against
Indonesias ethnic minorities. Before this change many people of Chinese and Indian
descent in Indonesia were unable to obtain citizenship despite having lived in Indonesia
Myanmars parliament proposed a draft law on May 27, 2014, which would impose
unlawful restrictions on Burmese citizens wishing to change their religion. The law
would require persons wishing to convert to a different religion to first seek approval
11
All You Can Do is Pray: Crimes Against Humanity and Ethnic Cleansing
of Rohingya Muslims in Burmas Arakan State, 18.
12
Good Practices: Addressing Statelessness in South East Asia, 18.
13
Burma/US: Kerry Should Press Rights Concerns, Human Rights Watch,
August 6, 2014, http://www.hrw.org/news/2014/08/06/burmaus-kerry-should-press-
rights-concerns (accessed August 27, 2014).
84
from local government departments. This law violates freedom of religion in Myanmar
and panders to Buddhist extremists who seek to cleanse Myanmar society from other
religions.14 The proposed religious law was followed by a marriage law, which would
restrict Buddhist women to marrying only Buddhist men. Persons of other beliefs
would be restricted pending state approval under the proposed religious law. Under this
law, a man must also first obtain written consent from the womans parents before
marriage. This law would restrict fundamental religious freedom in ethnically and
groups, rather than further isolate, intimidate, and discriminate against Muslims and
other religious minorities.16 The protection of the vulnerable Muslim Rohingya will
become vital as the thousands of IDPs are allowed to leave the internment camps once
they are granted freedom of movement. Improved police training and resources will be
necessary to protect all citizens of Rakhine state not only the Buddhist Rakhine.
because long-term segregation will exacerbate reconciliation efforts, which are analyzed
14
Burma: Drop Draft Law, Human Rights Watch, May 29, 2014,
http://www.hrw.org/news/2014/05/29/burma-drop-draft-religion-law (accessed August
27, 2014).
15
Burma: Scrap Proposed Discriminatory Marriage Law, Human Rights
Watch, May 24, 2014, http://www.hrw.org/news/2014/03/24/burma-scrap-proposed-
discriminatory-marriage-law (accessed August 27, 2014).
16
Burma/US: Kerry Should Press Rights Concerns.
85
in section three of this chapter. Security must be implemented to protect the interests of
Myanmar. To date, no one has been held responsible for the massacres against the
Rohingya since 2012.18 The Myanmar government must investigate and persecute those
responsible for the violence perpetrated against Muslim communities in Rakhine state
regardless of rank or position.19 Oberschalls research has found that truth and justice
are necessary components to create a civic culture that embraces tolerance and respect
for minorities. Victims, like Myanmars Rohingya, demand justice after ethnic warfare
as this facilitates an end to the cycle of retribution that could otherwise arise through
private revenge. Justice uncovers truth, removes offenders from public office, holds
individuals rather than groups responsible for crimes against humanity, and gives
offenders an opportunity to reintegrate into society after they have served their
sentences.20 Justice can pave the path to long-term security because it can provide
17
Oberschall, Conflict and Peace Building in Divided Societies: Responses to
Ethnic Violence, 210 1.
18
Burma/US: Kerry Should Press Rights Concerns.
19
All You Can Do is Pray: Crimes Against Humanity and Ethnic Cleansing
of Rohingya Muslims in Burmas Arakan State, 18.
20
Oberschall, Conflict and Peace Building in Divided Societies: Responses to
Ethnic Violence, 188.
21
Ibid., 227.
86
In conjunction with revisions to the constitution and legal safeguards for
minority rights in Myanmar, the government will need to reconstruct the economy to
ensure long-term resolution to the religious and ethnic conflict.22 Poverty is a root cause
of the deep-seated grievances that have led to the current conflict, because Rakhine is
one of the most impoverished states in Myanmar.23 The Rohingya have long been the
subject of resource deprivation through arbitrary taxation and land confiscations, which
have excluded them from their historical agricultural livelihood. The land confiscated
from the Rohingya has been designated for factories to support Myanmars
2010, Cyclone Giri destroyed large numbers of crop fields, causing food shortages that
lifted and the Rohingya must be allowed access to markets. Rohingya communities
affected by the violence have lost their vital assets partially or fully. Damaged vital
assets include the loss of draught animals, water pumps, hoes, carts, motorcycles,
bicycles, livestock, rowing boats, and fishing gear. The needs of the affected villages
farmland is not used at full capacity due to security concerns. The government must
22
Asma Masood, Myanmar: Ethno-Resource Conflict in Rakhine State?
Foreign Policy Journal, August 5, 2013,
http://www.foreignpolicyjournal.com/2013/08/05/myanmar-ethno-resource-conflict-in-
rakhine-state/ (accessed August 19, 2014).
23
MacLean, Analysis: Myanmars Rakhine State Where Aid Can Do Harm.
24
Masood, Myanmar: Ethno-Resource Conflict in Rakhine State?
87
provide security for the pursuit of livelihoods and allocate the necessary inputs to
Myanmars economy. The economic structural reforms Thein Seins government began
implementing in 2011 have influenced the growth of the countrys gross domestic
product (GDP), which rose to 8.25 percent from 2013 to 2014 through the support of
[and] buoyant tourism and credit growth. Experts are optimistic that Myanmar can
become a middle-income nation and significantly increase its per capital income by
Myanmars economic growth should lift all boats, including Muslim Rohingya
and Buddhist Rakhine populations in Rakhine state.27 The programs that the Myanmar
infrastructure through the development of jobs in the agricultural sector and the
25
Inter-Agency Preparedness/Contingency Plan Rakhine State, Myanmar,
March 2013, UN Country Team in Myanmar, March 31, 2013,
http://reliefweb.int/sites/reliefweb.int/files/resources/Ref%20Doc_Rakhine_Inter-
Agency_Contingency%20Plan_5_April_2013.pdf (accessed August 27, 2014).
26
Stuart Paul Larkin, Myanmar: Between Economic Miracle and Myth, ISEAS
Perspective, no. 42 (July 11, 2014): 1 4,
http://www.iseas.edu.sg/documents/publication/ISEAS_Perspective_2014_42.pdf
(accessed August 29, 2014.
27
Larkin, Myanmar: Between Economic Miracle and Myth, 1.
28
Kipgen, Conflict in Rakhine State in Myanmar: Rohingya Muslims'
Conundrum, 307.
88
Overtures by Bangladesh in August 2014, to explore economic opportunities in the Bay
of Bengal with Myanmar, could create new prospects for employment in Rakhine state,
Rakhine state for the Muslim and Buddhist populations alike, the Myanmar government
should be able to effectively mitigate a significant driving factor in the ethnic and
religious conflict.
conflict, one of the most important peace building elements for long-term stability in
Rakhine state will require religious and political leaders dedication to rebuilding social
ties and combatting destructive xenophobia throughout the society. Myanmars long-
ruling military junta supported divisive and disparaging narratives against the Rohingya
from the beginning of its rule in 1962 to 2011, thereby stoking hatred by the ethnic
chauvinism continues to the present day through the words and actions of the 969
movement. Such deep-seated grievances will be difficult to overcome and will require
institutions, and social capital are in short supply after ethnic wars. Therefore, social
29
Bangladesh Plans to Increase Myanmars Trust, BDNews24, August 27,
2014, http://bdnews24.com/bangladesh/2014/08/27/bangladesh-plans-to-increase-
myanmar-s-trust (accessed August 27, 2014).
89
peace building process to facilitate cooperation and tolerance between ethnic groups.30
A reconciliation program between the Rakhine and the Rohingya must begin with
religious and political leaders support and defense of religious tolerance. The two
communities need to be willing to compromise and respect one anothers identity and
The Myanmar government must take concrete steps to stem violent extremist
rhetoric, such as that spread by the 969 movement. Both President Thein Sein and
opposition leader Aung San Suu Kyi must embrace and show this moral leadership.32
Currently, the 969 movement enjoys support by senior government officials who deny
the destructive influence that the 969 dogma has on ethnic relations. Myanmars
Minister of Religious Affairs, Sann Sint, has stated that Wirathu, the movements most
violence. President Thein Seins office also asserted that, 969 is just a symbol of
peace and [that] Wirathu is a son of Lord Buddha. Statements like these by the
countrys leaders and the freedom of movement and speech that government officials
grant to 969 monks indicate both tacit and explicit support for 969 doctrine. Aung San
Suu Kyis NLD is the only mass movement in Myanmar that can rival 969; however,
Suu Kyi has been reticent in criticizing the Buddhists responsibility for the sectarian
30
Oberschall, Conflict and Peace Building in Divided Societies: Responses to
Ethnic Violence, 230 1.
31
Kipgen, Conflict in Rakhine State in Myanmar: Rohingya Muslims'
Conundrum, 308.
32
MacLean, Analysis: Myanmars Rakhine State Where Aid Can Do Harm.
90
violence. Wirathu preaches that Muslims dominate the NLD and Suu Kyis inner circle,
but, meanwhile, some elements within the NLD are also supportive of the 969
movement.33
By failing to take a stand against incendiary speeches by the monks of the 969
movement, Thein Sein and Suu Kyi thus condone further sectarian violence and the
segregation of Myanmar society along ethnic and religious lines. Myanmars political
leaders must call for religious tolerance and defend the rights of minority ethnic groups.
Without moral political leadership, Myanmars society will continue to be at war with
itself and ethnic riots against the Muslim Rohingya will persist until they are all
expunged from the country. The legal safeguards, which were proposed in the second
section of this chapter, must be fully supported and implemented by the countrys
political leadership.
Myanmars community and religious leaders also have a decisive role to play in
promoting peace in Rakhine state.34 Myanmars religious sector has a significant and
unique influence over the countrys people. In the absence of government support under
military rule, the religious sector stepped up to provide health services, alternative
understand the needs of the people and they are able to organize, mobilize, and
respond to local needs. The protests during the 2007 Saffron Revolution, when
33
Andrew R.C. Marshall, Special Report Myanmar Gives Official Blessing to
Anti-Muslim Monks, Reuters, June 27, 2013,
http://in.reuters.com/article/2013/06/27/myanmar-idINL3N0DX1AE20130627
(accessed August 30, 2014).
34
MacLean, Analysis: Myanmars Rakhine State Where Aid Can Do Harm.
91
Buddhist monks and nuns demonstrated throughout the country against the military
juntas economic policies, are demonstrative of the power that the sangha, or Buddhist
at the US Institute of Peace, has pointed out, Myanmars religious sector has the power
to unite communities and to advance peace just as it has the power to spread intolerance,
message of 969 and to call for religious tolerance. Buddhist monks in Yangon, Bago,
and Mandalay are beginning to speak out by using Buddhist doctrine to challenge
intolerant messages. Buddhist monks have been known to engage with interfaith groups
to mediate between Buddhist and Muslim communities, and some monks were reported
to have even sheltered Muslims during riots in central Myanmar in 2013.36 Prominent
monks, such as Sitagu Sayadaw, have led the movement to promote tolerance through
public statements countering the vocal 969 movement. In addition, respected monks
Ashin Seikkeinda and Ashin Sandadika have led inter-faith gatherings, which have
created space for lower-ranking monks and lay people to speak out and challenge the
hitherto dominant narratives of hate, fear, and exclusion. These prominent Buddhist
35
Susan Hayward, Mixed Blessings: the Power of Religious Protest in Burma,
United States Institute of Peace, September 17, 2012,
http://www.usip.org/olivebranch/mixed-blessings-the-power-religious-protest-in-burma
(accessed August 28, 2014).
36
Rachel Vandenbrink, Solution to Myanmar Violence Lies in Local
Community, Experts Say, Radio Free Asia, April 25, 2014,
http://www.rfa.org/english/news/myanmar/sectarian-violence-04252014162034.html
(accessed August 28, 2014).
92
leaders have paved the way to enable others to challenge the message of hate from other
monks.37
In March 2013, Buddhist, Muslim, Christian, and Hindu leaders and activists
kicked off a campaign called Pray for Myanmar at a YMCA in Yangon. This small
effort sought to promote religious tolerance so that all of Myanmars population can live
together in peace. In April 2013, volunteers of this group countered the pervasive 969
stickers by distributing thousands of t-shirts and blue stickers that [said], roughly
translated, I will not let religious or ethnic violence begin with me. Some of these
volunteers were met with hostility and threats of violence from Yangons citizens.38
religious tolerance, security concerns thwart their progress. Monks and activists face
threats for speaking out too loudly for religious tolerance.39 For example, in June 2014,
anonymous threats of riots and property destruction caused the organizers of Myanmars
between a Buddhist woman and a Muslim woman during the 2013 ethnic violence in the
37
Matthew J. Walton, Myanmar Needs a New Nationalism, Asia Times, May
20, 2013, http://www.atimes.com/atimes/Southeast_Asia/SEA-02-200513.html
(accessed August 28, 2014).
38
Joseph Schatz, In Myanmar, a Movement for Muslim and Buddhist
Tolerance, The Christian Science Monitor, May 20, 2013,
http://www.csmonitor.com/World/Asia-Pacific/2013/0520/In-Myanmar-a-movement-
for-Muslim-and-Buddhist-tolerance (accessed August 28, 2014).
39
Vandenbrink, Solution to Myanmar Violence Lies in Local Community,
Experts Say.
93
town of Meikhtila.40 The rule of law in Myanmar will need to be strengthened to
enforce religious protection and curb hate speech to allow important messages of
religious acceptance to spread, as was discussed in section two of this chapter. In the
long run, the countrys education system will need to be improved to teach religious
manifested through Buddhist chauvinism, will not come easy, but with the support of
the countrys political and religious leaders, this essential element of building a
Finally, Myanmar and its neighboring states must work together to pursue a
regional solution to the Rohingya refugee problem once the necessary political
safeguards have been implemented within Myanmar for the Rohingya. Peace building
solutions for the Rohingya refugees who have fled persecution in Myanmar may consist
Second, the international community should leverage the strategic use of resettlement
programs through the UNHCR for eligible candidates as a durable solution. Third,
40
Mong Palatino, Religious Extremists Target Myanmar Film Festival, The
Diplomat, June 25, 2014, http://thediplomat.com/2014/06/religious-extremists-target-
myanmar-film-festival/ (accessed August 28, 2014).
41
Vandenbrink, Solution to Myanmar Violence Lies in Local Community,
Experts Say.
42
Walton, Myanmar Needs a New Nationalism.
43
All You Can Do is Pray: Crimes Against Humanity and Ethnic Cleansing
of Rohingya Muslims in Burmas Arakan State, 18.
94
Rohingya refugees who choose to stay in the countries where they are currently living
At the same time, ASEAN must work to establish an agreement among member
states affected by the Rohingya refugees about how they will respond to the refugees in
their respective countries. Once Myanmar establishes citizenship for the Rohingya, then
countries like Bangladesh, Malaysia, and Thailand will be more likely to discuss long-
term solutions for these refugees because they will no longer fear creating a pull factor
for Myanmars Rohingya population. Initially, ASEAN members must agree to provide
temporary asylum for newly arrived Rohingya refugees. However, in the long run,
affected countries must facilitate more permanent residence for those refugees who
While Bangladesh is not a member state of ASEAN, its leaders have taken
recent steps to improve relations with the regional association through the appointment
work through ASEAN to explore economic growth in the Bay of Bengal as a gateway to
ASEAN. It could work with its ASEAN partners, as a member of the ASEAN-South
Asian Association for Regional Cooperation (SAARC), to find a regional solution to the
Rohingya plight.46 Bangladesh has also exhibited signs of willingness to settle the
44
Analysis: In Search of a Regional Rohingya Solution.
45
Ibid.
46
First Ambassador of Bangladesh to ASEAN Presents Credentials, ASEAN
Secretariat News, May 6, 2014, http://www.asean.org/news/asean-secretariat-
news/item/first-ambassador-of-bangladesh-to-asean-presents-credentials (accessed
August 27, 2014).
95
Rohingya issue with Myanmar in order to form an economic partnership with Myanmar
in the Bay of Bengal. For instance, in August 2014, Dhaka proposed to hold a security
dialogue with Naypyidaw to discuss issues such as border management and the Muslim
Rohingya, which are the primary detriments to positive relations between the two
Rohingya within Myanmar takes place, opportunities for resolving refugee concerns in
Myanmars neighboring countries will become more feasible through the framework of
ASEAN.
While the proposed short-term and long-term peace building solutions are not all
inclusive, they serve to address the core drivers of the ethnic and religious conflict in
Myanmar. First and foremost, humanitarian aid must be allowed immediately to reach
the Rohingya to end the inhumane conditions of the IDP camps and to prevent further
loss of life. Once stability in these camps is achieved, the international community must
hold Myanmar accountable for implementing political safeguards for the Rohingya
through the vital constitutional change to grant them citizenship. Legal amendments are
also necessary to enshrine and implement special protections for Myanmars minority
religious populations, to include the Rohingya. Without rescinding the 1982 Citizenship
Law and defending the rights of all humans living in Myanmar, the conflict will
continue unabated and more lives will be lost. Political changes will facilitate inclusive
economic revitalization in Rakhine state for all of its citizens to pursue a relatively
stable livelihood. The political changes will also be vital to the success of a long-term
47
Bangladesh Plans to Increase Myanmars Trust.
96
hate speech is persecuted. Once Myanmar assumes responsibility for its Rohingya
population, then regional and international solutions to address the issue of Rohingya
refugees will be more feasible. These steps are all necessary to end persecution of the
Rohingya in Myanmar and in neighboring states. As the conclusion of this thesis will
show, a combined national, regional, and international effort will be the most effective
97
CHAPTER V
CONCLUSION
The plight of the Rohingya is a modern day tragedy. They are persecuted at
home and abroad and they have no hope of a better life at present. The Myanmar
government denies that they have any right to live in Rakhine state, their historic home
since the seventh century, and they have been the subject of cruel pogroms by the state
since the military junta assumed control in 1962.1 Myanmar is fully engaged in ethnic
cleansing and genocide of its unpopular minority Muslim group, despite government
assertions to the contrary. These policies are evident through the actions and inactions
of the state security forces during the 2012 massacres, through the governments refusal
to protect the Rohingya from further violence by the states Buddhist majority group,
and through its denial of life saving aid to the Rohingya IDP camps, where they are
currently starving.
Thus, the Myanmar government is failing to protect the Rohingya under the
RtoP doctrine, and there are no signs that indicate it will change course. Rather, despite
include promises of improved human rights for the Rohingya, the situation for the
Rohingya has deteriorated dramatically. The 969 movement has garnered support
throughout the country for its doctrine, which calls for ethnic cleansing of the Muslim
Rohingya, and other non-Buddhist populations. Hence, the impetus for change must
come from outside Myanmar. The international community has enshrined protections
1
Parnini, "The Crisis of the Rohingya as a Muslim Minority in
Myanmar and Bilateral Relations with Bangladesh," 281.
98
for persons persecuted by the state through the Genocide Convention and the RtoP,
which were established to prevent crimes against humanity like those perpetrated
against the Rohingya in Rakhine state. At the same time, the international community,
led by the US, EU, UN, and ASEAN, must learn from its mistakes in Rwanda and the
former Yugoslavia and not allow the ethnic cleansing and genocide against the
Help for the Rohingya must also come from ASEAN as it is the most appropriate
Moreover, besides Myanmar, the ASEAN member states of Malaysia and Thailand are
also adversely affected by this ethnic conflict. Important dialogue partners, such as the
US and the EU, must collaborate with ASEAN to implement unified diplomatic
international community has failed to take decisive action to end the crimes against
humanity in Rakhine state in favor of political and economic engagement with Thein
Seins government. Furthermore, as the 2014 chair of ASEAN, Myanmar has blocked
pursued all peaceful means required by the RtoP to protect the Rohingya.
This must change as soon as possible. With the passing of the ASEAN
2
Tim McLaughlin and Nyan Lynn Aung, Govt Succeeds in Keeping Rohingya
off ASEAN Summit Agenda, Myanmar Times, May 12, 2014,
http://www.mmtimes.com/index.php/national-news/nay-pyi-taw/10324-govt-succeeds-
in-keeping-rohingya-off-asean-summit-agenda.html (accessed August 31, 2014).
99
address the plight of the Rohingya.3 Malaysia is one of Myanmars neighbors that is
pursue a regional solution to the issue. Once Naypyidaw no longer holds political
influence in the South China Sea dispute through its being the Standing Chair of
ASEAN in 2014, the US will have less motivation to appease that government. The
the Rohingya, the Myanmar government should also improve its record in protecting the
countrys other minority ethnic groups as well. The international community should
provide assistance in this regard as failure to protect equal rights for all persons living in
Myanmar would serve to undermine the political reforms initiated by President Thein
Sein, which would benefit military elements strongly opposed to his reforms.4 The
between the Rohingya and the Rakhine ethnic groups can be used to establish trust
For example, political safeguards for minority rights will also protect other
ethnic groups who have been subjected to various forms of violence and oppression by
3
Moving Towards Asean Community, Malaysia Shows the Way, Malaysian
Ministry of Foreign Affairs, August 8, 2014,
https://www.kln.gov.my/archive/content.php?t=4&articleId=1646846 (accessed
September 1, 2014).
4
Morada, ASEAN, The Rohingyas and Myanmars Responsibility to Protect,
4.
100
state agents, including rape and abuse of women in Kachin and Karen states.5
Furthermore, the Muslim Rohingya in Rakhine state are not the only Muslim minority
group subjected to mob violence and requiring state protection, although their situation
is the worst due to their stateless status. In 2013, anti-Muslim riots also occurred in
Bago Division, Rangoon Division, Shan State, Kayah State, Kachin State and Sagaing
set the stage for protection of its Chin and Kachin Christian minority groups, which
have long been subjected to threats, intimidation, and discrimination, including the
more open, democratic state. President Thein Sein must protect religious expression
and reject discriminatory laws. Such protections would give the President more
credibility in his meetings with Myanmars ethnic minorities and increase the possibility
safeguards for the protection of Myanmars ethnic and religious minorities, President
Thein Seins government must proceed with constitutional change to establish a more
the seats in parliament (and thus a veto over constitutional reform), control over the
powerful National Defense and Security Council, and complete immunity from civilian
5
Ibid., 5.
6
US Department of State, International Religious Freedom Report: Burma, 1.
7
Diamond, Burma: Religious Intolerance is Threatening the Countrys Tenuous
Transition to Democracy.
101
oversight. These undemocratic elements must be removed in order for Myanmar to
government and Myanmars ethnic minority rebel groups since 2011 have focused on
the rebel groups demands for a federal system of government that would grant greater
autonomy to the minority groups in their respective states.9 Should the federal system
be implemented, the international community must demand that the minority Rohingya
in transitioning Myanmar to democracy, there are essential political and social elements
that must be addressed in order to make true advancement in the countrys appalling
history of human rights abuses. The nations ethnic cleansing and genocide of the
Muslim Rohingya is a disgrace and must be ended. Myanmar has a long history of
must take a stand against Ashin Wirathus 969 campaign in order to reject religious
8
Ibid.
9
Two Holdout Myanmar Armed Ethnic Groups Agree to Cease-Fire Deal,
Radio Free Asia, August 29, 2014, http://www.rfa.org/english/news/myanmar/cease-
fire-08292014165117.html (accessed September 1, 2014).
10
Nehginpao Kipgen, Religious Tolerance Key to Myanmars Democracy,
The Huffington Post, June 21, 2013, http://www.huffingtonpost.com/nehginpao-
kipgen/religious-tolerance-key_b_3479383.html (accessed August 28, 2014).
102
chauvinism and protect all religions equally.11 As this thesis has shown, the regional
and international community must take the initiative to protect the Rohingya, because
Myanmars leaders have so far failed to take essential steps to end the crimes against
humanity perpetrated in Rakhine state. The future of a tolerant and peaceful society in
Myanmar depends on ending the plight of the Rohingya with international assistance.
11
Diamond, Burma: Religious Intolerance is Threatening the Countrys
Tenuous Transition to Democracy.
103
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