Human Rights analysis
Rohingyas at the sea
Udatta Bikash
 |
voanews.com |
Noor Mohammad (37) was detained without any reason known to him and physically mistreated by the army back at home in Myanmar. They employed him as a porter. With an aim to get relief from this oppression Noor decided to flee from the grip of the army. Consequently, he fell in the trap of human traffickers who took him off to the shore of Thailand.
However, his luck betrayed him once again. He was allegedly detained and mistreated by the members of Thai navy. Later on, he was abandoned at the deep sea drifting a boat packed with other fellow travellers of the same origin. The packed non-motorised boat was about to sink before rescued off shore to Sumatra Island by the Indonesian navy.
This is the story of an ill-fated Rohingya, which is identical to others who have been rescued by the Indian and Indonesian navy over the last few weeks.
The Rohingyas are a persecuted Muslim ethnic group from the western Myanmar bordering Bangladesh. They are close to a section of Bangladeshi people in the south-east part (i.e. Cox's Bazaar and Chittagong) in terms of language, religion and culture.
This alleged mistreatment and abandonment of hundreds of Rohingyas, at the deep sea by the Thai Navy, raises concerns among the human rights activists and international communities all over the world.
This brings the Thai government under severe criticism including those from the United Nations.
With an aim to recap the image, Thai Government has limitedly allowed the UN Refugee Agency, UNHCR to visit detained 'migrants'. They (Thai authority) are reportedly initiating a regional meeting on the Rohingya issue inviting delegations from Myanmar, Bangladesh, India, Malaysia and Indonesia.
The series of incidents of towing the Rohingyas adrift at the sea by the Thai security forces during recent times has also revealed horror stories of smuggling and trafficking of the Rohingyas across the Andaman Sea, Indian Ocean, Java Sea and South China Sea.
On two attempts Indonesian navy has rescued around 400 Rohingyas from boats off shore to northern Sumatra Island. Indian navy also rescued nearly 446 of the ill-fated Rohingya that were abandoned at the deep sea on boats by the Thai law enforcement agencies. They were put adrift on boats without engines. They did not have sufficient food and drinking water, as informed by those who have been rescued. Few hundreds are feared to have drowned in the past two months after being towed back out to sea by the Thai military, as Reuters reported on 31 January last.
According to press reports there has been a human smuggling and trafficking route starting from Myanmar coast and up to Malaysia and Indonesia via Thailand. The usual transport is engine-run country boats. A section of the law enforcement officials of those countries are engaged in the 'trade'.
The members of the organized syndicates, who haves root in Myanmar, Thailand and Malaysia, ferried the intending migrants, mostly poor and persecuted Rohingyas, by engine-run country boats. The journey is very risky.
The smuggled migrants are also enslaved in the fishing trawlers at the Java Sea and South China Sea by the syndicates. They have no return. As long as active physically, they are forced to work at the fishing boats, and otherwise are thrown away amid deep sea, as informed by a journalist who undertook an investigation into the trend.
Over the years, the Thai authority was reportedly reluctant about the illegal move of the Rohingyas across their territory. They also discretely allowed the Rohingyas to stay in the country and work as migrant workers.
However, recent reports of Rohingyas' involvement in the militancy in the south of the country have prompted the Thai authority to nab the illegal move. During 2008 only, Thai authority has reportedly intercepted several moves and detained around 5,000 Rohingyas trying to cross their territory by the sea.
However, the handling of the 'Rohingya boatpeople' by the Thai side has raised great concerns.
Although Thai authorities are claiming that they have treated the Rohingyas approaching their shores 'under international humanitarian principle', however, human rights groups are denying that, saying abandoning hundreds of people adrift on a non-motorized boat could not be accepted as an humanitarian act under any principle. It was not a matter to ponder whether the abandoned non-motorized boats had enough food or drinking water. The issue is throwing individuals in such a situation is tantamount to risking one's life to danger. Abandoned at the deep sea, these people are as good as dead.
Human rights groups are claiming that Thai security forces failed in their basic duty of treating illegal migrants with the due measures of respect and compassion. Even the Thai newspapers including the vernacular Bangkok Post has questioned the very objective of how the Rohingyas are treated.
It is true that no country like Thailand is under any compulsion or obligation to accept organized groups of 'illegal migrants', if any. However, there are internationally -accepted rules and procedure to deal with the matter and expatriate them. Thai authorities' recent actions do not fall on those, human rights activists commented.
It seems clear that turning away people on poorly equipped boats is completely inconsistent with the humanitarian principles and obligations under the international law, as commented by the Mekong Migration Network (MMN), a Hong Kong-based human rights group.
In an open letter to the Thai authority the MMN refers to Article 6 of the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a party. This Article guarantees one's inherent right to life.
According to the MMN, Section 32 of the Thai Constitution re-affirms this principle stating that, “A person shall enjoy the right and liberty in his life and person. A torture, brutal act or punishment by a cruel or inhumane means shall not be made”.
Furthermore, Chapter V of the International Convention for the Safety of Life at Sea (SOLAS), which Thailand has also ratified, confirms the general obligation to assist those in distress and to ensure that all ships are sufficiently and efficiently manned from a safety point of view.
However, forcing Rohingya boatpeople back into the high seas in unsafe vessels is an infringement of this principle which applies to all ships on all voyages, the MMN release commented.
Both the Thai and Indonesian authorities are terming the 'Rohingya boatpeople' as the 'illegal economic migrants'. However, none of them so far makes it clear that whether any of the Rohingya at their shores has asked for asylum fearing persecution in the country of origin.
If so, they may be entitled to have the refugee status as their persecution in Myanmar is well-founded as per UNHCR and other human rights groups. Indonesia is also a party to the ICCPR.
Article 14 of the Universal Declaration of Human Rights also assured '…right to seek and to enjoy in other countries asylum from persecution'.
As the developments are on the scene, without doubt, the Thai security forces and the government can not abrogate their responsibilities to treat the illegal migrants with basic respect for their human rights. There should not be justification for physical power.
The international community, especially the UN Refugee Agency (UNHCR) has a role to play. Now, this is the time to see how this organization deals with the Thai or Indonesian authorities in case the Rohingya fleeing from persecution in Myanmar seeks asylum.
Having cloud over the scenario, Bangladesh should make it clear that Rohingyas are the Muslim ethnic groups from the western part of Myanmar, known as Arakan (now Rakhine State) and bordering Bangladesh. Since 1992, thousands of them have fled to Bangladesh in fear of persecution by the Myanmar military ruler. There are 26,000 officially recognized refugees now in Bangladesh (who are the left over of the 258,000 who entered here during 1991-92). Apart from that an estimated 300,000 Rohingyas are in Bangladesh 'without any status.'
Bangladesh should also make it clear that if any of its nationals is found 'stranded' in the territory of other states, it will take them back subject to confirmation of identity.
Going back to the off-shore Rohingya issue, both the Thai and Indonesian authorities should protect their security, safety and well being, especially who are seeking safety and refuge fleeing from persecution at their home land. International community and UN have a role to play in terms of advocacy in this regard and monitoring over the developments.
The writer is legal researcher and practitioner specialising in migration, refugee and human rights issues.
