Addressing the Issues of Rohingya Detention and Human Rights Violations in India at G20 Bangkok, 9th September 2023 Introduction: The Legal Context According to India’s Ministry of Home Affairs (MHA), there are around 40,000 Rohingya refugees in India with approximately 18,000 registered with the UN High Commissioner for Refugees (UNHCR).1 The Indian state has historically welcomed refugees from different countries and communities. However, during the genocidal violence experienced by Rohingyas in 2017, the Minister of State for Home Affairs in India issued a directive to state governments asking them to identify all “illegal immigrants” within their respective borders, for deportation.23 They confirmed that “illegal immigrants” in the country, including Rohingyas, were being deported on the basis of the Foreigners Act of 1946.4 Incidents of individuals across the ruling party’s rank and file, calling for Rohingyas to be deported, forcefully if needed, were recorded across the same year and the following5 6. The then MHA Minister of State also stated that “India has always been soft on those who have entered this country. Millions of refugees have been staying in this country. That does not mean, anyone can walk into this nation and claim citizenship of this nation. We have created facilities for Rohingyas in Rakhine province.”7 Aside from specific questions, any debate in India concerning the Rohingya community is met with hostile statements portraying them as a threat to the security of the nation and reasserting that they are considered “illegal immigrants”, not refugees.8 In August 2021, the MHA was asked about the conditions of the Rohingya in India, to which the response was : “India is not a party to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. All foreigners are regulated through the Passport and Citizenship Acts. Those who enter without necessary documents are illegal immigrants. Since their [Rohingya] entry into the country is through illegal and secretive means, their accurate numbers are not available. The Central government has instructed state governments to identify illegal immigrants and begin deportation procedures according to law.” 1 063_briefing-paper_Rohingya_India.pdf (mixedmigration.org) 2 https://www.mha.gov.in/sites/default/files/advisoryonillegalmigrant_10092017_2.PDF 3 https://scroll.in/article/856711/rohingya-refugees-history-will-judge-us-by-how-we-treat-the-worlds-most-persecuted- ethic-minority 4 Question No 2615 Rajya Sabha August 09 2017. 5 https://www.indiatvnews.com/news/india-bjp-leader-compares-rohingyas-illegal-bangladeshis-with-insects-says-shootthem-if-they-don-t-leave-455597. 6 See also https://www.news18.com/news/politics/have-all-info-on-them-union-minister-repeats-bjps-anti-rohingyarhetoric-ahead-of-hyd-civic-polls-3121547.html 7 https://www.timesnownews.com/india/article/national-register-of-citizens-nrc-issue-kicks-off-a-debate-over-rohingyasin-lok-sabha/262190 8 See for instance, Special Mention Zero Hour (22/3/21), statements by Arvind Dharmapuri on ‘Issues regarding fair inquiry into the communal riot created by Rohingya Immigrants in Telegana’; See also Matters under Rule 377 (19/7/17), statements by Gajanan Kirtikar on ‘Need to identify and deport Rohingya people living in India in an illegal manner’; See also Special Mention (6/4/17), statements by Shri Bhartruhari Mahtab on “Regarding emergence of new insurgent group called Harakah Al Yakin (HAY) consisting of Rohingya Muslims”.