Faye Journal of International Humanitarian Action
(2021) 6:13
indigenous people, adding more uncertainty on how to
contain the refugee crisis. Thailand for years has been a
frontline in the humanitarian crisis hosting over 120,000
refugees. However, Thailand was also facing the problem
of insurgency and believed that the arrival of more stateless Rohingya could boil the insurgency.
Despite the poor track record of Malaysia on ratification of international human rights treaties and harsh immigration laws and policies, they hosted between 20,000
and 25,000 Rohingyas.
Notwithstanding, it is important to note that both
Malaysia and Thailand are not signatories to the 1951
United Nations Convention relating to the status of refugees or 1967 protocol on the rights crisis of the Rohingya (minorities) (Parnini 2013).
Moreover, ASEAN has been criticised for its handling
of the Rohingya crisis by the international community
for not sharing responsibility for solving the Rohingya
problem. In 2010, at the ASEAN summit, Myanmar foreign minister said refugees will be allowed to go back to
Myanmar only if they recognise themselves as Bengalis
born in Myanmar not Rohingya; this comment was seen
as problematic by many. Additionally, many have viewed
this as an excuse by the Myanmar regime to avoid embarrassment while ignoring the root problem. ASEAN
leaders have also called for national reconciliation and
dialogue with Aung San Suu Kyi but did not put emphasis on the Rohingya crisis (Parnini 2013).
International community intervention
The Rohingya crisis has not been taken seriously by the
international community for very long, resulting to a
series of crises and mass exodus of Rohingya from
Myanmar to neighbouring countries. The massive scale
of oppression faced by the Rohingyas not only threatened their life but left them vulnerable in the hands of
traffickers and terrorists. Nonetheless, Myanmar has
been criticised by western powers for its poor record of
human rights. In May 1978, Reuters reported that
UNHCR’s Paul Hartling was quoted saying he has set
apart US$ 500,000 for the 200,000 Rohingya refugees
who fled to Bangladesh. On the other hand, the Organisation of Islamic Cooperation (OIC) issued a statement
in Jeddah in May 1978 that the Rohingya Muslims are
suffering from massive atrocities which has been mentioned by different various reliable sources. This was
followed by a negotiation with the support of OIC and
UN between Myanmar and Bangladesh resulting to the
returning of the Rohingya to Arakan in 1978. Nevertheless, the agreement did not mention anything related to
the status of the Rohingyas, properties or security after
their return. Despite the return agreement in 1978, the
military junta conducted another massive terror attack
Page 5 of 7
on the Rohingya triggering massive exodus of Rohingya
in 1992 once again (Parnini 2013).
This has resulted in 250,000 Rohingya fleeing to
Bangladesh who were officially recorded for relief. Yet,
many could not register for shelters on their own in
Chittagong. Consequently, prolonged negotiation was
held by UNHCR, Bangladesh and Myanmar to reach an
agreement on repatriation. This paved the way for repatriation, and by July 1995, a total of 192,467 out of the
250,877 registered refugees who crossed into Bangladesh
between 1991 and June 1992 were repatriated under the
supervision of UNHCR. Notwithstanding, repatriation
was to stop as the Myanmar Army was reluctant to
abide by the agreement as the SLORC regime had decided to take an average of 20,000 Rohingya refugees
every month from all the camps in Bangladesh (Parnini
2013).
In December 1994, the Al report on Myanmar
highlighted that no significant development on human rights violations had been made by Myanmar
regime on minorities (Rohingyas). Despite the
massive violation, the UN security council was silent
in spite of the agreement that the security council
take action under the Responsibility to Protect (R2P)
if governments fail to protect their population. In
2007, a draft security council resolution on the
ground of violation in Myanmar was rejected by
China and Russia stating the crisis is not a threat to
international peace. Countries like the USA has continued to put pressure on Myanmar regime with
sanctions and clearly stated in 2010 that they have
no plans to lift sanction on Myanmar if violations
continue to happen. However, a democratic
Myanmar will open more doors through viable diplomacy and will be a win-win situation for Myanmar
and the international community.
In 2019, the pressure intensifies on Myanmar’s government to put to an end the killing of Rohingyas
and other ill-treatments. During the 2019 OIC summit in Makkah, The Gambia was tasked by the OIC
to use all international legal instruments to hold accountable the perpetrator of crimes against the
Rohingyas in Myanmar (The Republic of The Gambia
Office of The President n.d.). The Gambia then filed
a lawsuit against Myanmar accusing it of perpetrating
a genocide on ethnic Rohingya at the International
Court of Justice (ICJ). This is seen as unusual coming
from a very tiny West African country, The Gambia
(Besheer 2019).
The Gambia, with the full backing of all the 57 member countries of the Organization of Islamic Countries,
aims to get Myanmar to account for its action against its
people (Rohingya). In a press conference in the Hague,
Justice Minister Abubacarr Tambadou said: