The Principle of Non-Interference and the Question of Human Rights Violation: The Case of the Rohingya Minority (original) (raw)

ASEAN's Rohingya Dilemma: Limits of Regional Co-operation

N. Kaur and M. Ahmad (eds.), Charting a Sustainable Future of ASEAN in Business and Social Sciences, 2020

Since its foundation in 1967, the member states of ASEAN have established cooperation mechanisms in a number of sectors, ranging from trade to environmental protection. ASEAN has been highly successful in achieving cooperation in trade and commercial issues. However, it has been unable to achieve similar level of cooperation in political and humanitarian issues. For instance, the ASEAN has failed to deliver a unified response against the human rights violations of Rohingya people in Myanmar. Though the declaration of 34th ASEAN Summit in 2019 calls for 'safety and security for all communities in Rakhine state' and facilitation of the 'voluntary return of displaced persons in a safe, secure and dignified manner', it failed to mention a timeline of such repatriation process. Moreover, the declaration did not criticize the actions of Myanmar's military in the Rakhine state. This study offers a critique of ASEAN's traditional approach of diplomacy known as 'ASEAN Way'. Examining a set of relevant issues, the study seeks to outline the legal, institutional and political factors which prevented a unified ASEAN response to the Rohingya crisis. Through a qualitative analysis, it concludes with an observation that the failure to develop an institutional mechanism to deal with political and human rights issues in SouthEast Asia could hinder ASEAN's objective of becoming a more integrated 'European Union'-like community.

The Rohingya Refugee Crisis and Human Rights: What Should ASEAN Do?

Asia-Pacific Journal on Human Rights and the Law, 2018

This article will argue that there are three related issues of concern regarding the Rohingya crisis: (1) a singular focus on persecution and nationality in Myanmar; (2) statelessness and displacement in the region; and (3) grave human rights violations amounting to international crimes including genocide and crimes against humanity. This article will discuss active steps that ASEAN should take. To ensure that Myanmar will willingly accept the responsibility to address the source of the problem, the international community, particularly ASEAN, has to stand firm against Myanmar’s gross violation of human rights. At the same time, ASEAN must deal with the refugee crisis by formulating a workable regional framework. This article will deal with the underlying conflict paradigm in all refugee issues: how to reconcile state sovereignty vis-á-vis responsibility and how to ensure protection of both human rights and state security.

The Plight of Stateless Rohingya and ASEAN’s Responsibility

It is for the first time for ASEAN to have an Intergovernmental Human Rights Commission whose main job is to deal with all human right problems within the association. This newly formed body would not be effective unless it deals properly by collective arrangements within the region. ASEAN would face criticism as a lip service body, which fails to take a firm action to deal with the Rohingya issues. Persecution and human rights violations against the Rohingya inside Burma, especially in Arakan state, have persisted for over 20 years, with insufficient international attention. Within the study of International Relations, the problem of forced migration and displaced persons are understudied, despite they are daily features in global conflict. The problem have great significance to understand the international society’s behaviour, yet “there has been little systematic attempt...to explore what the central concepts within IR might offer to the study of forced migration” (Betts and Loescher 2011, 11). Forced migration and displaced persons are both causes and consequences of conflict and instability, hence mitigation needs involvement of both states and non-state actors. The Rohingya problem has been unique since their displacement is not caused by internal conflicts but because of denial of citizenship. Within ASEAN member countries we are witnessing some groups of people holding this status. Including the Rohingya people, almost everywhere the non-citizens facing official and non-official discrimination. Having social and practical hostilities from their surroundings. This essay, however, explores why ASEAN continues to turn a blind eye to the plight of the Rohingya even though ASEAN has inaugurated the Intergovernmental Human Rights Commission.

The Rohingya Refugee Crisis: Between Persecution and Non-interference in Southeast Asia

2020

Between August and February 2018, over 688,000 Rohingya refugees fled Myanmar for Bangladesh and the surrounding Southeast Asian countries. Since 1948, the Rohingya Muslims of Myanmar have been suffering from a violent persecution described by the UN as a "textbook example of ethnic cleansing" (Al Jazeera 2017). The response of the ten nations comprising the Association of Southeast Asian Nations (ASEAN), and of Bangladesh, to Rohingya refugees have been found lacking in humanitarian ideals, by repeatedly treating Rohingya as unworthy of protection or aid by ASEAN states. ASEAN throughout this crisis has attempted to avoid their obligations to refugees and human rights. I argue that it is ASEAN's institutionalized principle of non-interference that has lead to ASEAN's unwillingness to cooperate regionally on an effective regional refugee response to the Rohingya crisis, causing extensive tragedy and human rights abuses to Rohingya refugees. In order to improve the ...

The Rohingya Crisis and the Risk of Atrocities in Myanmar: An ASEAN Challenge and Call to Action

A Report by ASEAN PARLIAMENTARIANS FOR HUMAN RIGHTS APHR P U B L I S H E D A P R I L 2 0 1 5 About asean Parliamentarians for Human Rights asean Parliamentarians for Human Rights (aphr) is a human rights intervention force of like-minded parliamentarians and influential persons, using their unique positions and innovative means to prevent discrimination, uphold political freedom, and promote all human rights.

Protection of Human Rights in Southeast Asia with Special Reference to the Rohingya in Myanmar: A Critical Study of the Effect of Asean’s Policy and Action on Asean Intergovernmental Commission on Human Rights (Aichr)

Padjadjaran Journal of International Law

Since its inception over four decades ago ASEAN has always worked towards improving the lives of its citizens. Year 2009 has opened another chapter with the inauguration of AICHR pursuant to Article 14 of the ASEAN Charter at the 15th ASEAN Summit. Since then AICHR has conducted various activities. In the midst of these ‘progress’ the vital question remains unanswered; To what extent AICHR has been successful in protecting human rights of citizens in ASEAN countries? This shall be answered through qualitative legal research. This study serves as an analytical basis to predict the future development of the AICHR as well as human rights protection in South East Asia. Furthermore, it contributes to the reform of both ASEAN and AICHR toward implementation of human rights in the region. This research focuses on human rights issues of the Rohingya in Myanmar whereby ASEAN’s policy and action relating to the issue are examined. The finding shows that the policy and action of ASEAN does not...

ASEAN’s Approach to the Responsibility to Protect: Case Analysis of the Rohingya in Myanmar

LLM Thesis, 2023

‘Whilst this planet has gone cycling on according to the fixed law of gravity’, the human species discovered means to decrease the number of victims during the world’s history of violence and enable a large portion of humankind to coexist in peace. However, until today, humankind has also proven an enormous ability to tolerate vast brutalities and cruelties. From the emergence of civilization forward, forced displacements and exterminations of entire populaces, deliberate destructions of non-military property, large-scale indiscriminate killings, mass sexual violence, and torture have taken place. No part of the earth has not experienced one of those atrocities. During the centuries, earnest calls were made to cease atrocities and effectively protect civilians during war and peace. Ultimately after the horrors of WWII, when worldwide demands for ‘never again’ heightened, substantial efforts were made. Significant achievements have built the base for the evolution of human rights law nationally and internationally. The Genocide Convention criminalized genocide. Prohibiting genocide continued with the Geneva Conventions, and the Rome Statute criminalized crimes against humanity (CAH) and war crimes (WC). Nonetheless, to the greatest extent of human history and until not long ago, humanity’s reaction to the abominations of atrocity crimes was largely indifference, scepticism, or controversies over the protection of victims and the response to perpetrators. Perpetrators committed atrocities to achieve political aims. Unfortunately, in most instances, perpetrators were successful. The fate of the Rohingya population in Myanmar is one of those instances. August 2017 saw the unfolding of one of the most serious human rights disasters of modern times. More than 750,000 Rohingya were forced to flee Myanmar after the country’s military committed atrocities against them. At a time when Myanmar was opening up to the world, horrifying crimes against Rohingya were being committed. Yet it seems that the regional organization Association of Southeast Asian Nations (ASEAN) has done little to prevent these. This dissertation strives to explore ASEAN's engagement with the Responsibility to Protect (RtoP) in light of the Rohingya crisis.

Rohingya Crisis: The Security Implications in ASEAN Region

A refugee crisis does not only bring humanitarian implications but also, to some extent, security implications. The refugee crises in Syria, Ethiopia, Libya and other part of the worlds do not only produce various social, economic and political effects on countries who either temporarily or permanently host the refugees. Europe, as the top destination of these refugees, the European Union (EU) together with UN and other international bodies, have dealt in an assiduous manner by dividing refugees to all EU member states. Sea patrols along the Mediterranean Sea were established to prevent the entry of smuggled illegal migrants and avoid further drowning of boats and minimize casualties. Given the extent and degree of this problem, EU has been very a keen in finding ways to resettle the people through asylum procedure. On the other hand, the birth of Rohingya crisis in Southeast Asia is no different with the refugee crises that Europe is dealing presently. For 48 years, the ASEAN, most of the time, has formulated initiatives and declarations that are non-binding and based on empty and repetitive words. Thus with the surfacing of Rohingya crisis, the Association responded in an uncoordinated manner leaving most of the burden to Malaysia, Indonesia and Thailand. With no pledge of cooperation against the multifaceted problem of Rohingya boat refugee crisis, security issues have appeared. This article discusses the various security implications of the Rohingya crisis in lieu of ASEAN passive and ungenerous attitude.