Myanmar’s Democratic Transition
269
from these camps is also well-documented.36 In Malaysia, Rohingya refugees
are perceived as illegal migrants and are vulnerable to detention. In Thailand,
Rohingya have ended up in the hands of traffickers or are being held indefinitely in crowded detention centres.37 Despite United Nations appeals,
Thailand and Bangladesh pushed asylum-seekers back out to sea in 2009, 2011,
and 2012.38
4
Analysis and Conclusions
Cultural and religious differences, legacies of colonial policies, postcolonial
nationalism oriented around ethnic Burmese and Buddhist identity, and lack
of consensus on historical records partly explain why the Rohingya have not
become part of Myanmar’s national identity. Statelessness is thus a consequence and a cause of their continuing marginalisation. Without citizenship,
they do not ‘belong.’ This perception has translated into discrimination, deprivation of rights, and violence.39
Advocacy groups and international leaders have increasingly warned that
tensions in Arakan and the lack of long-term solutions for the Rohingya could
undermine Myanmar’s reform process and impose regional consequences.40
36
37
38
39
40
Lynn Yoshikawa and Melanie Teff, ‘Bangladesh: The Silent Crisis’ Refugees International
Field Report (19 April 2011).
John Sparks (n 33). See also IRIN, ‘Analysis: In Search of a Regional Rohingya Solution’
IRINNews (26 July 2013) (stating that ‘nearly 2,000 Rohingya men, women, and children
are now in immigration detention centres and government shelters in Thailand’) <http://
reliefweb.int/report/myanmar/analysis-search-regional-rohingya-solution> accessed 24
September 2013.
IRIN, ‘Analysis: In Search of a Regional Rohingya Solution’ (n 37) (stating that ‘nearly 2,000
Rohingya men, women, and children are now in immigration detention centres and government shelters in Thailand’).
See Benjamin Zawacki (n 12) 18 (claiming that systematic discrimination against the
Rohingya ‘makes such direct violence against the Rohingya far more possible and likely
than it would be otherwise’); Lawi Weng, ‘Anti-Rohingya Demonstrators in Arakan Are
Assembly Law’s Latest Victims’ The Iriwaddy (5 September 2013) (‘Protesters argued that
the Rohingyas—who are not granted Burmese citizenship under the 1982 Citizenship
Law—had no right to a land claim in Kyauktaw.’).
See UN HRC, Report of the Special Rapporteur on the Situation of Human Rights in
Myanmar’ (6 March 2013) UN Doc A/HRC/22/58, para 46. (‘The Special Rapporteur Tomás
Ojea Quintana believes that Rakhine State is going through a profound crisis that threatens to spread to other parts of the country and has the potential to undermine the entire
reform process in Myanmar.’).
tilburg law review 19 (2014) 261-275
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents