Faye Journal of International Humanitarian Action
(2021) 6:13
mounting, and by July 1978, the mortality rate in the
camps was four times higher than the rest of
Bangladesh. The UNHCR staff member noted that the
Bangladesh government policy has become one that
starves refugees prompting them to leave. The lack of
basic needs resulted to widespread malnutrition and
death rates (Crisp 2018). At the end of the repatriation
process in January 1980, during press conference, the
UNHCR acknowledged that 10,000 refugees had died in
the camps, referring to epidemics as the principal cause.
However, privately, staff in the field acknowledged government failure to deliver food supplies which was readily available as the cause of the high mortality rate.
However, this is not an excuse for organisations like the
UNHCR whose responsibility includes providing welfare
to comply with a policy resulting to more than 9000 superfluous deaths (Crisp 2018).
Contrary to the UNHCR protection responsibilities,
refugees were not consulted about the repatriation
process and what waited on them. The UNHCR did very
little effort to halt the abuses faced by the Rohingyas in
the camps, although two field staffs have tried to raise
the issue, they were remove from the operation. In an effort to deflect criticism, the UNHCR has stated that it
has little involvement in the repatriation and argues that
they did not have the mandate responsible of determining the voluntary character of the decision taken by refugees to return.
During this time, any form of advocacy on human
rights issues in Myanmar was perceived as a threat to
the ruling power, predominantly those that talked about
the Rohingya crisis. The failure of this intervention by
the UNHCR threatened the lives of their officials working in the country.
Following the intricacies of domestic insurgency, the
UNHCR established a number of refugee camps in the
nearest state borders next to Myanmar region mainly in
Bangladesh the closest neighbouring state. Consequently,
this led to the first attempt by the UNHCR to build a
camp outside Myanmar for early rehabilitation and temporary resettlement, by providing temporary housing
and livelihood aids for conflict-affected refugees. This
was the first strategy employed by the UNHCR to intervene in the crisis. This had also scaled up fundraising
campaign to receive basic logistics supplies such as food
and medical facilities. Additionally, the UNHCR also
made available doctors to mobile around the camps for
emergency purposes. The UNHCR further adopted several policies for a more strategic service delivery based
on international enforcement of the non-refoulement
principle in Geneva convention 1951. The convention
claimed those with refugees be resettled in camps
whether formally registered or not or taking voluntary
consent from the refugee in person.
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It is important to note that one of the characteristics
of Southeast Asian states is that majority of them are
not signatories to international treaties concerning migrants and refugee that might provide protection for the
rights of Rohingya migrants. Additionally, ASEAN member states are legally sealed by a Treaty of Amity and Cooperation within the ASEAN constitutional framework
which strictly preserves the prevention to breach domestic issues of the other member-state (ASEAN 1976).
This absurdity exposes another standstill situation that
ruined the mitigation of Rohingya situation. As a result
of this, neighbouring states can deliver but only limited
to raising and sending aids. International customary
norms can be activated as the basis to protect the rights
to life, and therefore, the Non-Refoulement principle may
enter into force in the absence of legal framework. The
basis of non-refoulement is supported out by UNHCR in
every humanitarian mission to guard principal human
rights (Jacqueline Joyce F, 2010). Regarding human
rights, it is clear that certain rights are inviolable right
and cannot be taken from the human being. Therefore,
non-signatory states or signatory state is expected to
carry out non-violent approach in humanitarianism in
respect of human rights. In 2007, the UNHCR issued an
Advisory Opinion emphasising the importance of state
commitment to the principle of Non-Refoulement.
It is also important to stress that immigration officers
of the third state are obliged to guarantee the safety of
refugees so as not to experience the same human rights
abuse in the destination country. Based on this principle,
the UNHCR provides two options. First is to offer voluntary repatriation to Rakhine state or to set up a new relocation site to enable local community integration with
the host native inhabitants (voluntary consent). This is
to prevent migrants being force which can result to
another causality.
ASEAN intervention
The Association of Southeast Asian Nations (ASEAN)
has been cognisant of the Rohingya’s dilemma since the
1990s. This problem was recognised by countries like
Malaysia and Thailand. Due to the high influx of migrants into Bangladesh and the trafficking of Muslims
into both Malaysia and Thailand, the governments of
Thailand and Malaysia had signalled that this problem
cannot be taken as domestic issue as it might create a
potential area of instability in the region or human suffering. However, when Myanmar joined the ASEAN, the
issue of Rohingyas was ignored by ASEAN to address
some of the difficulties faced by Rohingya’s or problem
caused by other state which might be a threat to regional
integrity (Rahman 2015; Parnini 2013).
In Myanmar, the ruling regime obstinately declined to
recognise the Rohingyas as citizens and not part of the