DELHI METROPOLITAN

EDUCATION
GGSIP UNIVERSITY

PROFESSIONAL SKILL DEVELOPMENT

ACTIVITY

HUMAN RIGHTS LAW

B.A. LL.B. SEMESTER 7

ENROLLMENT NO.- 41451103818

NAME-SHIVAM PANDEY
 ROHINGYA, FLEE FROM BANGLADESH AND ETHNIC CLEANSING

INTRODUCTION
The Rohingya originated in the Rakhine State of Myanmar.
Throughout the last few decades, the life of the Rohingya in
Myanmar has been marked by systematic deprivation and human
rights abuses, with official state policies limiting the Rohingya's
ability to marry, travel, have children, access health care, attend
schools. , and more. For example, in 2005 a policy was introduced
that limited Rohingya families to two children. During the worst
wave of violence in 2017, more than 200 Rohingya villages were
destroyed, resulting in more than 700,000 Rohingya fleeing to
neighboring Bangladesh. There, they joined thousands of other
Rohingya refugees already living in camps in the southeast of
Bangladesh because of past waves of violence and oppression. The
latest refugee population is concentrated in the Balukhali /
Kutupalong camp, now the world's largest refugee camp.

LEGAL CONDITION

The government refuses to grant Rohingya citizenship, and as a

result, most party members do not have official documents, which
renders them landless. Myanmar's citizenship law of 1948 was
already disenfranchised, and the military, which took power in 1962,
introduced another law 20 years later that stripped the Rohingya of
their citizenship. Until recently, the Rohingya were able to register as
temporary residents with identification cards, known as white cards,
a junta that began handing out large numbers of Muslims, Rohingya
and non-Rohingya, in the 1990's. White cards granted limited rights
but were not recognized as proof of citizenship.
In 2014 the government held a national census supported by the UN,
for the first time in three decades. A small group of Muslims were
initially allowed to identify Rohingya, but after Buddhist nationalists
threatened to boycott the census, the government decided that
Rohingya could only register if they indicated they were Bengali.
Similarly, under pressure from Buddhist nationalists who opposed
Rohingya's right to vote in the 2015 constitutional referendum,
President Thein Sein canceled interim ID cards in February 2015,
effectively revoking their newly acquired voting rights. (White
cardholders were allowed to vote in Myanmar's 2008 constitutional
referendum and the 2010 national election.) In the 2015 elections,
which were widely praised by international observers as free and
fair, no parliamentary candidate was a Muslim.
In recent years, the government has forced Rohingya to start
carrying national identity cards that effectively identify him as a
foreigner and not grant him citizenship, according to a report by the
advocacy group Fortify Rights. Myanmar officials say the cards are a
first step towards citizenship, but critics say they deny Rohingya's
identity and could make it easier for the government to continue to
suppress their rights.
Background
In the background
On January 23, the International Court of Justice (ICJ) ordered
Myanmar to suspend genocide against Rohingya Muslims while
awaiting trial by Gambia. The ICJ also instructed Myanmar to report
regularly on the implementation of the order.1
The government has repeatedly emphasized that accountability to
human rights abusers is a matter of internal concern. However,
neutrality continued to increase, and the government did not take
concrete steps to establish military governance or to create effective
mechanisms for internal investigation and accountability.
The COVID-19 epidemic has seen varying degrees of closure
measures in major cities, as cases continue to rise. The country's
health care system was ill-equipped to deal with such a massive
outbreak, and the economic impact of the epidemic had a
devastating effect on vulnerable people, including internally
displaced people and millions living in poverty.
In the November 8 national election, Aung San Suu Kyi's National
League for Democracy retained its majority in parliament.
Voting has been suspended in the affected parts of the country,
including most of Rakhine State. As a result, more than 1.5 million
mainly Rakhine people have been deprived of their right to vote.
Most Rohingya people had already been cut off before the 2015
elections, with the issuance of "White Card" ID cards.

Violence against women and girls

Progress on the Prevention and Protection of Violence Against
Women (PoVAW) legislation was halted. Members of parliament
continued to discuss key provisions of the draft law, including
definitions of rape. Under the Penal Code, marital rape was not
considered a crime. Although the latest version of PoVAW makes
marital rape illegal, its penalties were lighter than extramarital
affairs.
On January 21, the Myanmar Independent Commission of Inquiry
(ICOE), a local organization responsible for investigating the Rohingya
massacre in Rakhine State in 2016 and 2017, released a summary of
its findings stating that "there is no evidence of a gang. Rape by
Myanmar soldiers". The ICOE admitted, however, that it had not held
talks with Rohingya Muslim survivors fleeing Bangladesh.The ICOE
claim directly contradicts the findings of human rights organizations,
medical visits and the UN Independent International Fact-Finding
Mission on Myanmar, which documented widespread and systematic
rape of Rohingya women and girls. .
On September 11, the military admitted that three of its soldiers had
raped a Rakhine woman during a campaign in Rathedaung township
on June 30, although they had previously denied the allegations
when the allegations first surfaced in the media after charges of
raping a survivor in July were opened. . In a statement, the military
announced the names of the survivors but did not name the
perpetrators. At the end of December, the three soldiers were each
sentenced to 20 years in prison each for their hard work.

Human rights violations in the context of internal armed conflict

During the year residents were killed or injured by indiscriminate
airstrikes and military shootings in many parts of Rakhine State and
Paletwa township, Chin Stat.
Since the escalation of tensions between the military and the Arakan
Army in early 2019, cases of forced labor, arbitrary arrests, and other
civilian casualties by government forces have increased.
In Kachin and northern Shan States, reports of military human rights
abuses continued to appear in several armed conflicts. Reports of
human rights violations by armed groups included kidnappings,
assassinations, illegal arrests, coercion and child molestation, forced
abduction, and extortion.
On June 12, the Minister of Social Development, Rescue and
Resettlement announced that he would form two anti-workers'
mines across the country as part of his plan to resettle displaced
citizens. Both military and armed groups continue to use anti-
workers mines and advanced explosives (IEDs).
Freedoms of expression, association and assembly
The authorities used a series of repressive laws to arrest, prosecute
and detain people who exercised their rights to freedom of speech,
association and peaceful assembly.
Improper or politically motivated arrests occurred throughout the
year, with 58 people arrested. Penal Code against critics and human
rights defenders.
Authorities have accused the Peacock Generation poetry group of
"cyberbullying" under the two laws for peacefully playing Thangyat
criticizing soldiers. Thangyat is a traditional art that combines poetry,
humor and comedy music, performed during the New Year's water
festival in April. Six members of the group have been sentenced to
between two and six years in prison. At the end of the year, three
remained in prison.
Authorities used national security law to illegally limit the right to
freedom of speech and information. The 1908 Unlawful Associations
Act was often used by the authorities to direct, harass, intimidate
and punish activists and journalists, especially those who were
members of ethnic and religious minorities.
On March 24, the government designated the Arakan Army as a
terrorist organization, which officially shut down any association with
the group. At least three journalists were prosecuted under the Anti-
Terrorism Act and Sections 17 (1) and 17 (2) of the Non-Aligned
Movement Act in contact with the Arakan Army. Communications
officials checked themselves and regularly revealed that they could
not contact the appropriate armed group for comment, for fear of
reprisals.
Under the Peaceful Assembly and Peaceful Procession Law,
organizers of public meetings, such as peaceful gestures or gestures,
were required to inform the police before the event. Failure to do so
may result in criminal prosecution. On September 4, poet and activist
Maung Saungkha was convicted under Section 19 of the law after he
placed a sign on a highway during a protest marking a one-year ban
on Internet communication in parts of Rakhine and China. Maung
Saungkha has chosen to pay a fine of 30,000-kyat (US $ 22.50)
instead of serving a 15-day sentence.
During September authorities arrested 15 members of the All Burma
Federation of Student Unions (ABFSU). They had participated in
peaceful anti-war protests and leaflet awareness campaigns across
the country, demanding an end to the conflict in Rakhine and Chin
States, as well as the restoration of mobile internet services in the
affected areas due to government-ordered declines.
Six of them have been charged under sections 505 (a) and 505 (b) of
the Penal Code. One has been charged under Section 25 of the
Disaster Risk Management Act, and eight have been charged under
Section 19 of the Peaceful Assembly and Peaceful Procession Law.
Prisoners up to six years old were acquitted in a number of cases and
prosecutions are pending. Some members of the ABFSU remain
hidden.

Access to information
In August, the government gradually lifted restrictions on mobile
internet communications imposed in June 2019 in conflict-torn areas
in northern Rakhine and southern China. Areas where the service
was restored have seen significant reductions in connection speeds.
This has affected the flow of information, especially human rights
documentation and the abuse and dissemination of important health
care information during the COVID-19 epidemic.
Authorities have expressed concern over the country's use of force
to block websites critical of the government. They issued three
directives between 19 and 31 March to block a total of 2,147
websites under Section 77 of the Communications Act, which gave
the government broad and unreasonable power to set up social
networks.
Authorities have restricted access to private media and human rights
activists in conflict-affected areas. Journalists and the media face
pressure, intimidation and harassment when reporting critical news.
The threat of arrest was particularly evident among those who
reported on the controversy, which negatively affected journalists
from minority ethnic groups. Aung Marm Oo, chief editor of the
Rakhine State-based news agency reporting on violations during the
conflict between the military and the Arakan Army, remains in hiding
since May 2019. He faces charges under Section 17 (2) of the Unions
Act, which provided for five years' imprisonment for any person in
charge of, assisting or promoting an unlawful association.

Corporate accountability
In September, links were leaked between international businesses and military
funding, including several units directly dealing with crime under international
law and other human rights violations.5 its activities include the mining
industry, beer, tobacco, clothing manufacturing and banking.

Gays, lesbians, bisexuals, transgender and transgender (LGBTI) people

Section 377 of the Penal Code criminalizes consensual same-sex relationships.

Although this provision was rarely enforced, the fact that bookkeeping created
a hostile environment that allowed harassment, discrimination and violence
against LGBTI people, putting them at risk of being attacked and robbed by
police and other authorities.
The right to education

On February 13, Children's Day, a bullet shell landed at Post-Primary Primary

School in Kha Mhwe Chaung village, San Hnyin Wai Village Tract in Buthidaung
Township, injuring at least 17 students.
Troops have taken over school buildings in Rakhine State, which they use as
temporary bases. The allocation of educational institutions not only restricted
children's right to education, but also the potential to transform schools into
military targets, endangering the lives and safety of citizens.

CONCLUSIONS AND SUGGESTIONS

Conclusion and proposal to provide asylum to the Rohingya people, the United
Nations as an international organization focusing on humanitarian issues, the
UNCHR as a United Nations-based refugee center for asylum seekers and
asylum seekers. people. The provision of shelter aims to prevent Rohingya
racism from gaining discrimination, in the case of Rohingya refugees seeking
refuge in neighboring countries such as Indonesia, Thailand, Malaysia,
Bangladesh were forcibly evicted and discriminated against by the
governments of each country as a Rohingya refuge. Protection for the
homeless, protection for the non-citizens is also very important, protection
from international law aimed at avoiding discriminatory treatment and
discrimination against persons / groups without citizenship status. In
international agreements applicable to all countries, whether the Member
State of the Treaty or not the Member State which is a principle of human
rights must be included in the protection of the Rohingya race.