Who are the Rohingyas? Their Situation in Arakan & in Exile
Introduction:
The Arakan State of Burma, bordering Bangladesh, is inhabited by two
ethnic sister communities, the Rakhine Buddhist and the Rohingya
Muslim. The Rakhine Buddhists are the majority group while the Rohingya
Muslims are minority group. The Rohingyas numbering approximately 1.5
million, enduring continued persecution and the ethnic cleansing policy
of military regime in Burma. Also about 1.5 million Rohingyas have been
living in exile in many countries all over the world. The Rohingyas in
Burma continue to suffer from several forms of restrictions and human
rights violations. The Rohingyas freedom of movement is severely
restricted and right to education is harshly deprived.
The Rohingyas have effectively been denied Burmese citizenship by
the current State Peace and Development Council (SPDC) military regime,
although the previous Democratically elected governments had recognized
them as the citizens of Burma. They are also subjected to various forms
of extortion and arbitrary taxation; land confiscation, forced eviction
and house destruction and restrictions on marriage.
Arakan was neither a part of Burma nor Bangladesh, it was a
separated region and ruled by Muslilms for hundreds years. The last
dynasty of Arakan was the Mrauk Oo dynasty which ruled from 15th to
18th century. It was highly influenced by Muslim culture. The official
language was Persian, the written language of Muslims of that time. The
basis of Muslim religious faith, the kalima was inscribed on all of the
coins. Almost all kings had Muslim titles. Courteous, arm forces and
personnel in many other fields were almost all Muslims. So Rohingya
Muslims are not migrant people as is accused today by the military
government of Burma. They are natives of that region of Burma. The
colonial British census records in 1825 A.D show one Muslim for every
two Buddhists in Arakan. The year 1825 is a landmark in the history of
Burma. All of Burma’s constitution and citizenship acts provide
indigenous status to all people who were permanently residing in Arakan
or in the Union of Burma before 1825. So, above mentioned Muslims prior
1825 (before British occupation of Burma) were counted as one of the
lawfully indigenous race’s of Burma. But, today the military regime is
blindly denying historical reality and accusing all Rohingyas as to be
Bangladeshi illegal immigrants. It is a deliberate conspiracy on the
part of military government to make Rohingyas stateless.
Until the advent of the military regime, Rohingyas have enjoyed full
fledge Burmese citizenship. There have been foreigner’s acts and
foreigner’s Registration Rules.
Rohingyas were not required to register under those acts and rules.
According to the Burmese Constitution’s of 1947 and 1974, as well as
according to 1948 Citizenship Acts, Rohingyas are Burmese citizens.
Rohingyas enjoyed public employment and obtained Burmese Passport. The
Rohingyas got the rights to elect and to be elected in all levels of
administrative institutions including parliament.
The general elections for the Constituent Assembly was held in
Arakan in 1947 (before the independence of Burma), excluding two areas
of Maungdaw and Buthidaung. After independence, however, elections were
held there; Mr.Sultan Ahmed and Mr. Abdul Ghaffar, both Rohingyas, were
elected from those two areas. From the holding of the Constituent
Assembly elections (1947) until the 1962 military takeover, three
parliamentary general elections were held for both houses of Parliament
in 1951, 1956, and 1960 respectively. In the 1951 general elections
Rohingyas won 5 seats, four in the Lower House, and one in the Upper
House. The Rohingyas had no political Party of their own. They stood
either as independents or as supporters of AFPFL. In 1956 and in the
1960 general elections Rohingya retained all their five seats of north
Arakan.
Rohingyas had parliamentarians, parliament secretaries, even
ministerial posts. Mr.Sultan Mahmood, Ex-Parliamentary Secretary, in
the British-India Legislative Assembly was inducted into the Cabinet of
Former Prime Minister U Nu as a Health minister in 1961.
In 1990 SLORC sponsored multiparty general elections; however, the
Rohingyas were not only able to vote but were allowed to stand as
candidates, a right normally denied to non-citizens. The National
Democratic Party for Human Rights (NDPHR), a Rohingya political Party,
won four seats, capturing all the constituencies in Buthidaung and
Maungdaw. Subsequently, the NDPHR was, like many other political
parties, which won seats in the 1990 elections, deregistered by the
military regime in March 1992.
Denial of Citizenship:
The Rohingyas of Burma are vulnerable as they have no legal status
in their homeland and are considered non-citizens. The plight of the
Rohingyas demonstrate how people without citizenship rights in their
own country can be forced out and become refugees, leaving them still
vulnerable and without citizenship in their country of origin. The
“so-called” Burma Citizenship Law of 1982, which violates several
fundamental principles of customary International Law standards, has
reduced the Rohingyas to the status of Stateless people. Although the
1982 Citizenship law is also discriminatory towards the vast majority
of the Indian and Chinese populations of Burma, as the promulgation of
this law took place soon after the exodus of Rohingya refugees into
Bangladesh in 1978.
Once the refugees had been repatriated, this law was specifically
designed effectively to deny Rohingyas the right to a nationality. The
1982 Citizenship law has had the effect of rendering the vast majority
of Rohingyas ineligible to be Burma citizens. The law also makes no
provision in relation to stateless persons. (i.e. Rohingyas).
The current 1982 Burma citizenship law unlike , the preceding 1948
Act, which conferred equal right on all citizens, creates three classes
of citizen; full citizens, associate citizens and naturalized citizens
(the Rohingya don’t qualify into any of these three). The Rohingyas are
not issued any new national identity cards which are issued to other
citizens. The withholding of citizenship has become a mechanism for
discrimination and persecution on the basis of ethnicity. ID cards are
very essential in all national activities. ID cards must be carried at
all times and a card number has to be given when buying, or selling
anything, staying overnight with friends or relatives outside own
council area, applying for any civil service and professional post and
other daily activities.
Most of the National Registration cards (NRCs) issued to the
Rohingyas during the parliamentary governments or before SLORC/SPDC
regime has been confiscated by the authorities. The authorities had
issued Temporary Registration Cards (TRCs) to some Rohingyas in
Maungdaw and Buthidaung, locally known as “white cards” against their
protest. This was nothing but a design to degrade their national status
and put them in a state of uncertainty. In the past few months the
authorities in the capital Rangoon arrested and detained several
Rohingyas who had been living there for more than 4 decades and got
National Scrutiny cards legally. The authorities are extorting money
from their family members and those who are unable to pay are sent to
jail.
Restriction of Movement:
Rohingyas in Arakan State must routinely apply for permission to
leave their village, even if it is just to go another nearby village.
This has had serious repercussions on their livelihood and food
security, as they are often unable to seek employment outside their
village or trade goods and produce unless they have official permission
and obtain a pass which they must pay for. Most Rohingyas cannot afford
to pay on a regular basis for these permits. As two-third of the
Rohingyas is poor day laborers, the restrictions on their movement also
greatly affect their ability to find work in other villages or towns.
The constraints on freedom of movement are one of the major problems
facing Rohingyas. These restrictions prevented people from seeking work
in other villages, trading, fishing or even attending a funeral of a
relative or visiting a doctor.
When Rohingyas want to travel to a village in the same township they
must obtain a local travel pass at the VPDC. If they need to go
further, for example to another township, they need to apply for a
different kind of travel permit at the Immigration department at the
Nasaka camp, the so-called “form 4″. It is almost impossible for
Rohingyas of Maungdaw and Buthidaung to visit Sittwe, the capital city
of Rakhine State (Arakan). If Rohingya from Sittwe manage to travel to
north Rakhin State, it is extremely difficult for them to return to
their homes in Sittwe.
Freedom of movement is fundamental human rights, upon which other
human rights are contingent. Rohingyas’ inability to travel freely
greatly inhibits their ability to earn a living, obtain proper health
care, and to seek higher education. In October 2004, over 165 Rohingya
students were deprived of appearance in their supplementary examination
as they were denied issuing their travel document to go to Sittwe by
the authorities. The reason given was that DPDC Chairman was directed
not to issue any travel documents without the knowledge of the Western
Command Commander Brig.General Maung Oo based in Ann town, Arakan
state. The ordinary Rohingyas can hardly think of going to Sittwe where
students are sometimes allowed to travel with the special travel
permission from authorities under very much humiliating conditions and
by paying large sums of money.
The sweeping restrictions on the movement of Rohingyas are
disproportionate and discriminatory; they are imposed on all Rohingyas
because they are Rohingyas, not on members of other ethnic
nationalities in Rakhine State. They are broad and indiscriminate in
their application and such are unlawful. They have a severe negative
impact on the lives of thousands of Rohingyas who have not committed
any offence. Especially serious is the fact that these restrictions
constitute, in addition, violations of other basic human rights for the
Rohingyas including the right to work, and the right to an adequate
standard of living.
Forced Labor:
North Arakan has turned into a militarized zone resulting in the
increase of forced labor and other violations of human rights. Still
forced Labor is phenomenal all over Arakan, particularly in the
Rohingya areas, although under increasing pressure from ILO. The SPDC
officials are extracting statements from the people that there is no
forced Labor .The armed forces routinely confiscate property, cash,
food and use coercive and abusive recruitment methods to procure
porters.
The Rohingyas have to build, without wages, military establishments,
roads, bridges, embankments, pagodas and ponds. .The villagers have had
to plough the farm land and grow various vegetables, to construct
buildings of the camps, to carry woods from the forest to bake bricks,
to clean up the camp compounds every day, and to repair the damaged
roads and the streets nearby the camps. Besides, since January 2, 2005,
the villagers have also to pay sentry guards for Na Ka Pa along the
rivers and seashores from 5pm to 6am every day.
Forced labor demands from the authorities’ place a large burden on
the Rohingya population as it leaves them with not enough time to do
their own work. The kind of forced labor that is requested and
frequency differs from place to place and appears to be related to the
attitude of local authorities and number of military or Na Sa Ka camps
near the village. Most of the times it is the poorest who must
undertake forced labor, as people who can afford it often are able to
pay a bribe to the authorities.
The burden of forced labor demands from the authorities falls mainly
on the Rohingya population as the Rakhine population living in the same
areas appears to often be exempted from it. In Maungdaw and Buthidaung
and to a lesser degree in Rathidaung Township, only Rohingyas are
normally required to perform forced labor .The forced labor situation
has become so excruciating that the Rohingyas have been rendered
jobless and shelter less.
Land Confiscation, Forced Eviction and House Destruction:
The confiscation of land in Northern Rakhine state is related to the
establishment of “model villages”, the construction or expansion of Na
Sa Ka, military and police camps and establishing plantations for
security forces and also for new settlers. Recently the process of
forced eviction had been intensified by the authorities. The military
regime policy of relocating Rakhine Buddhists and other non-Rohingyas
to especially established model villages to Northern Arakan state has
resulted in the confiscation of land from the Rohingya population.
A model village is usually built to house about 100 families. Each
family receives four acres of land, a pair of oxen and house .These
model villages have been built on land that was confiscated from the
Rohingya population. Houses and health centers in the model villages
are built by forced labor by the Rohingya. The majority of people in
model villages do not cultivate the land allocated to them and instead
rent it out to Rohingya farmers, in some cases the same people from
whom the land was originally confiscated.
The confiscation of land from Rohingyas to build model villages
deprives them of opportunities to sustain their livelihood as these are
rice field, shrimp farms grazing grounds for their cattle. Furthermore,
the Rohingya population of nearby villages is often forced to build the
houses and other facilities of the model villages without pay. They had
to provide the building materials as well.
The building and the extension of military camps mainly for the Na
Sa Ka have also led to land confiscation. Moreover the Na Sa Ka has
confiscated land for commercial purposes, mainly to establish shrimp
farms but also rice fields for themselves. The Rohingya never receive
compensation and are also forced to work on the same fields that were
confiscated from them. Since 2002 the Na Sa Ka intensified in strictly
implement land use policies and this has led to numbers of evictions of
Rohingyas from their homes. Due to population growth, some families
built their houses on land registered as paddy fields decades ago.
Recently they have been issued with expulsion orders and forced to
dismantle their homes. The eviction process strictly implemented about
two years ago. First they evicted 40 houses in a village near Maungdaw.
Eighteen families protested and refused to dismantle their houses. They
were arrested and sent to Buthidaung jail. They are still there. They
detained mostly the head of the family but they also jailed some women,
even one pregnant woman. She gave birth inside the jail. They were not
given any other place to go. These have forced the Rohingyas to become
increasingly landless, internally displaced, to eventually starve them
out to cross the border into Bangladesh. The right to housing is a
basic right which is a fundamental component of the right to an
adequate standard of living and central to the enjoyment of other human
rights. Restrictions on Marriage of Rohingyas Since the creation of Na
Sa Ka in 1992, the authorities in Northern Rakhine State have
forcefully introduced a regulation that the Rohingyas are required to
ask for permission to get married. This restriction is only enforced on
the Muslim in this area and not on the Buddhist Rakhine population, nor
any of the other ethnic minority groups living in the region. In fact,
there are no written rules or procedures for the marriages of
Rohingyas. All are verbal orders but they are to be followed without
question. Non-compliance is resulted in heavy punishment.
In recent years, imposition of restrictions on marriage of Rohingya
couple has further intensified. The marriageable age is at 18 for girls
and 20-25 for boys. Marriages need to be solemnized with the consent
and sometimes, in the presence of the army officers. It is near
impossible for the intended couples and their guardians to observe all
the formalities which include medical tests, recommendations from
various administrative departments and army commanders including Na Sa
Ka border security forces and other law enforcing agencies and police.
Since 2002, the authorities had begun to demand large amounts in
taxes from Rohingyas who request for permission to get married. The
authorities also appear to have limited the number of permissions given
each year. People have had to wait for two to three years to get
permission, even after paying large sums of money, and they had to go
to the Na Sa Ka camp several times for it. In general, Rohingya couples
must pay a substantial amount of money to the Na Sa Ka varying from
50,000 to 300,000 Kyats. Usually the bride and groom must each pay the
same amount of money. After payment, permission is not always given.
This restriction especially affects poor people, who are unable to
obtain such large amounts of money. In some villages there have been no
marriages at all during the last year because of this restriction.
There are also consistent reports of young couples fleeing to
Bangladesh because this is the only way for them to get married. Once
in Bangladesh it is very difficult for them to return, as their names
have often been removed from their family list by the authorities.
Arbitrary Taxation and Extortion:
Rohingyas in northern Rakhine State are subjected to extortion and
arbitrary taxation at the hands of the authorities. These vary from tax
on collecting firewood and bamboo to fees for the registration of
deaths and births in the family lists, on livestock and fruit -bearing
trees, and even on football matches. The type of taxes and the amounts
people have to pay appear to be applied in an arbitrary fashion and
vary from place to place, depending on the local authorities.
The authorities imposed very high rate of taxation on the food
grains and on various agricultural products of Rohingya including
staple food, rice. In addition, shrimp tax, vegetable tax, animal or
bird tax (for cows, buffalos, goats, fowl), roof tax , house-building
or repair taxes, etc, are collected by force. Every Rohingya who breeds
either cattle or domestic livestock has to pay certain amount for each
and every item they possess. Every new born or death of the above has
to be reported paying a fee.
The Rohingyas have to pay taxes for everything, for cutting bamboos
or woods in the jungles, fishing in the rivers and breeding animals at
homesteads from December 2002. A Rohingya family has to pay kyats 1500
when a new child is born and Kyat 1000 when a member dies, to register
it in their family list. The Rohingya villagers have to pay yearly a
new tree tax of Kyat 2500 per betal-nut tree and kyat 5000 per coconut
tree. Na Sa Ka authorities have appointed agents for every essential
item and warned the Rohingya not to sell their products directly except
through such agents. They are paid prices fixed by the Na Sa Ka, which
is usually one-third of the market price.
There have been several reports of Rohingyas being arrested and
accused of breaking various regulations such as having been to
Bangladesh or failing to pay their taxes. If they can pay a sum of
money, which varies but is often extremely high, they can be released.
Registration of Births and Deaths in Families. All Rohingya
households are obliged to report any changes to the family list to the
authorities for the registration of births and deaths in families.
Rohingyas are forced to pay fees to the VPDC or the Na Sa Ka.
The amounts people have to pay to register births and deaths are
different from place to place and vary from 1000 to 8000 kyats. On some
occasions people had to work for the authorities. The sale of the
cattle must also be registered and paid for. Since mid-2002, Rohingya
pregnant women have had to register themselves in person at the nearest
Na Sa Ka camp, which may be some hours walk away from their village.
Women were asked to show their faces and their abdomens.
Deprivation of Right to Education:
Since promulgation of new Burma Citizenship law in 1982, the
Rohingya students are denied the right to education. It becomes a great
problematic matter to pursue higher studies while professional courses
are barred to them. Rohingya students who stood in selection tests and
got formal admission in various institutions located in Rangoon and
Burma proper are unable to pursue their studies as they are disallowed
to travel. During recent years about 1500 students have to stop their
further studies.
In October 2004, over 165 Rohingya University Students were deprived
of appearance in their supplementary examination as they were denied
issuing their travel documents to go to Sittwe by the authorities. The
reason given was that DPDC chairman was directed not to issue any
travel documents without the knowledge of the western Command Commander
Brig. General Maung Oo based in Ann town, Arakan State. The ordinary
Rohingya can hardly think of going to Sittwe where Rohingya Students
are sometimes allowed to travel with the special travel permission from
authorities under very much humiliating conditions and by paying large
sums of money. Furthermore, in February 2005, the SPDC authorities had
totally banned the Rohingya students from going to University in
Sittwee and Yangon.
Arbitrary arrest, torture and Extra-Judicial Killing:
While Arakan remained totally shut from outsiders, the Burmese
authorities has been carrying out a relentless torture and killing
campaign in Arakan particularly against the youths without putting
anyone on trail. Over 100 innocent Rohingyas have been killed during
last one year in different parts of Arakan. Hundreds of Rohingyas are
put behind the bar and are subjected to inhuman torture. They are also
used as human shields and are forced at gun point to act as watchmen
against any possible rebel attack. The inhuman forced labor treating
the Rohingyas as human cattle is on the increase. They are treated
worse than slaves and are subjected to severe beatings and random
killings while pottering or engaged in other works.
Aftermaths of the removal of Gen.Khin Nyunt, the then Prime Minister
and Military Intelligence Chief, hundreds of Rohingya businessmen have
been arrested by the authorities alleging them as the collaborators of
his military intelligence or corrupt Na Sa Ka officers. On 27th January
2005, two men were killed and two others were injured by gun fire by Na
Sa Ka at Inn Din Village of Maungdaw in Arakan State. The men were
fired by an army of the battalion No.233, now as Na Sa Ka, while they
were trying to flee from a boat in which they were loading rice, goats,
and fowls in a creek of Inn Din Village and it was to be carried to
Maungdaw town by sea.
The dead persons were identified as Sultan Ahmed 29, son of Mr.Ali
Ahmed and Mohamed Meah 27 son of Mr.Ali Abbas while Abu Taher and his
sons were injured by bullets. All the dead and injured person were
hailed from Inn Din village.
The Rohingya elected representative in 1990 General Elections of the
NO.1. Constituency of Buthidaung Township Arakan State, U Kyaw Min (a)
Mr. Mohamed Shomshul Anwarul Hoque, 55, was arrested by the authorities
for unknown reason. He is an executive committee member of National
Democratic Party for Human Rights (NDPHR), which is only Rohingya
political party with the winner seats in 1990 General Elections. He is
also a member of Committee for Representatives Peoples Parliament
(CRPP). He was picked up from his Rangoon home by the Burmese military
agent on 17th March 2005. Special Police agent went to his house around
midnight and told him to follow them for some questions and then he was
carried away by police car. His family members do not able to trace his
whereabouts.
Abuse of Rohingya Women and Elders:
Rohingya women have become victims of rape, molestation and
dishonor, increasingly at the hands of security forces. They are not
allowed to wear hijab; their age of marriage is limited and is
subjected to forcible contraception. Many Rohingya women were forcibly
married by security forces and then left them away. Rohingya women are
compelled to stay in camps set up by the security forces for so-called
training where they are subjected to rape and dishonor. Under various
pretexts, the SPDC armed forces intruded the houses of Rohingya
villagers in odd times and seized and carried away the women to their
camps for unholy purpose. There were many instances that women were
raped in their houses before the very eyes of the children or parents.
Rohingya religious figures and elders are increasingly harassed,
tortured and sometimes their beards are shaven off and are forced to
issue religious decree to allow non-Islamic practices. The authorities
continued to discriminate against members of minority religions,
restricting their educational, Mosque building and church activities in
the minority Christian areas. Mosque buildings are totally banned since
2000 in Arakan State while several existing Mosque and madarasa were
dismantleb
Araka
- On the Evolution of Rohingya Problem
- Buddhist King with Muslim names
- Rohingya History Myth and Reality
- Stephan’s Thesis on History of Arkan
- Towards Understanding Arakan History ( Part I)
- Towards Understanding Arakan History ( Part II)
- Toward Understanding Arakan History ( Part III )
- Missing Links in Arakan History
- Coming of the Muslims to Arakan
- A Short History of Rohingya and Kamas of Burma
- The Etymology of Arakan
- Arkan place in the civilization of the Bay
- Arkan rule in Chittagong (1550–1666 A.D)
- Bader Maqams or the shrines of Badr Al-Din-Auliya (Part I)
- Bader Maqams or the shrines of Badr Al-Din-Auliya (Part II)
- Bader Maqams or the Shrines of Badr Al-Din-Auliya (Part III)
- Marginalization of the Rohingya in Arakan State of Western Burma
- Sources for the early history of Arakan
- Michel W.Chrney‘s Phd thesis Paper on Arakanese Religious
- The Tragedy of Mrauk-U (1660-1661) Part I
- The Tragedy of Mrauk-U (1660-1661) Part II
Resources
- Legendary history of Burma and Arakan Charles James Forbes Smith-Forbes – 1882
- History of Burma – Sir Arthur Purves Phayre
- An outline History of Myanmar poetry
- The British Burma gazetteer: Volume 1 1880
- List of Burmese Monarchs
- A short history of Burma By Samuel William Cocks
- The province of Burma
- British Burma and its people
- Imperial gazetteer of India
- Gazetteer of Upper Burma and the Shan States
- Burma Before Pagan: The Status of Archaeology Today MICHAEL A UNG-THWIN, Received 22 September 1982
- THE ART AND CULTURE OF BURMA Dr. Richard M. Cooler
- Arakan History
- Rulers of Myanmar
- Kingdoms of Myanmar
- A description of the Burmese Empire1833
- The Burmese empire a hundred years ago By Father Sangermano, 1893
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