Fallacies of Protection: Statelessness, Law, and the Rohingya in South Asia (ISBN- 978-93-90494-64-4) (original) (raw)
Rohingya as Homines Sacri: The Statelessness Conundrum
Brolly. Journal of Social Sciences, 2018
Since the outburst of the Rohingya crisis in Myanmar, the people of the latter have widely and quite light-heartedly been depicted as refugees and itis no coincidence that such depictions often result in simply calling for Myanmar’s responsibility to protect (R2P). At a closer look though, the sole status of refugees is debatable and there appears to be much more than the mere R2P (ICISS 2001). Actually, what is happening at the Bangladesh-Burmese border is the recurrence of Hannah Arendt’s 1943 scenario, in which it was not possible to be simply a refugee. In Agamben’s words, a refugee’s temporary state of exception has to be resolved through either nationalization or repatriation. But how come that a WWII’s allegedly resolved situation still haunts us, notwithstanding even the most thorough legislative attempts to tackle the issue? Has the Universal Declaration of Human Rights really brought any improvement of the matter and what might be its drawbacks? Is it avoid tautology? This paper aims at some responses also by examining whether the state of exception is actually the possibility of each and every sovereignty (Derrida 2009). Keywords: Rohingya, Myanmar, homo sacer, statelessness, sovereignty, human rights
ISIL Yearbook of International Humanitarian and Refugee Law, 2018
This article adopts a phenomenological approach to test the strengths and weaknesses of international refugee law by undertaking a case study of the nature and extent of India's compliance with the relevant international law in the case of Rohingya refugees. Although essentially written from an India specific context, this article takes on broader significance by critically examining the existing international norms related to international refugee protection and durable solutions to the refugee problems and by contextualizing them in reference to Rohingya in India and suggesting which one of three available options-local integration, resettlement, and voluntary repatriation will be a viable mechanism to resolve the Rohingya controversy. As Rohingyas are not only a distinct historical and ethnic persecuted minority, they are stateless too. For this reason, the penultimate part of the study deals with statelessness in some detail. The last leg of this study purports to be *
Unpacking the Presumed Statelessness of Rohingyas
Journal of Immigrant & Refugee Studies, 2017
Although not usually thought of as a haven of refugee protection, the Gambia has a sizeable refugee population and some sophisticated legal frameworks and protection mechanisms. However, the political context of its refugee protection should not be underestimated.
The Paradox of Statelessness and Identity Statelessness in the Rohingya Refugee Crisis
Abstract This study is based on both primary and secondary data, most of which were collected online and are qualitative. Statelessness is by its very essence a paradox. Statelessness not only causes crises within a state's borders, but it also frequently causes crises to spread across borders. In response to systematic governmental atrocities committed against a stateless group, the Rohingya refugee crisis has caused a tremendous influx of people into Bangladesh, a neighbouring country. Although this is a well-known and unarguable reality, national and international responses to the Rohingya issue have not been fully taken into account. This has various causes, as well as both visible and invisible effects. It reveals a larger inability on the part of humanitarian and other actors to recognize statelessness, understand how it connects to their work, and take appropriate action. Additionally, it shows that none of the powerful players has taken the crisis's most significant structural and core causes seriously. This has unavoidably led to the Rohingya's ongoing identity denial, persecution, displacement, lack of protection, and repatriation since the 1970s. Undoubtedly, the deliberate ethnic cleansing and subsequently forced exodus of thousands of stateless Rohingyas from Myanmar to Bangladesh were made possible by statelessness or denial of citizenship. This essay makes the case, based on the current study, that a community's internal statelessness dilemma poses problems for neighbouring nations, spreading the issue across borders. Bangladesh, a developing country, has all of a sudden felt compelled to provide for the fundamental needs of a million people who are not its citizens. Bangladesh is a host country confronting a dual problem from the perspectives of traditional security and human security, which makes the country's foreign policy challenge more difficult. To address this humanitarian issue, the country should reevaluate the situation and revise its "go slow" diplomatic strategy. Bangladesh needs to reconsider its approach to policy and emphasize the importance of applying pressure at every level feasible to resolve the issue on a global scale. No other country has taken in as many refugees in such a short period as Myanmar, therefore the sizeable number of Rohingya refugees may be a useful tool for the international community to exert pressure on Myanmar.
Crisis of Citizenship – The Role Of Legal Status For The Rohingya And Their Future
Berkeley UCLA and US Cogress, 2020
For the Rohingya who have been on the backlash of both Burma’s military and Government since the 1960’s and most emphatically and violently in 2017, the idea of a ‘normality’ lies heavily on their legal status in their country of origin, Burma. Neither in Burma nor in Bangladesh, the country where they have fled to time and again in large numbers, is their mere existence recognised in a legal capacity that gives any semblance of hope for the Rohingya community’s future. The absence of legal notions such as being recognised ‘Citizens’ in their home nation (Burma) nor of being accepted as ‘Refugees’ in Bangladesh leads to many complications and inevitably restrictions on what can be regarded as a fruitful ‘normal’ life.
The Rohingya Refugees in Bangladesh: A Vulnerable Group in Law and Policy
Journal of Studies in Social Sciences, 2014
Bangladesh is an over populated country of South Asia. India and Myanmar are the closest neighboring states of Bangladesh with whom it shares its borders. Right after her independence in 1971, Bangladesh has started experiencing the constant refugee flight of Muslim Rohingya from Myanmar because of the fear of religious as well as ethnic persecution. Bangladesh has mostly welcomed them and provided them protection under the ad hoc decisions, notwithstanding there is no statutory law for the refugees. But till 2013, no solution has been found and the numbers of refugee flights have been gradually increasing to the extent it is said, Rohingya refugees are spoiling the reputation of Bangladesh in the international arena besides committing various crimes under the guise of fake Bangladeshi passport. Bangladesh is in a quandary over the refugee issues: firstly being the human rights issue and secondly the national security issue. I am of the positive and proactive opinion that it is now the appropriate time that Bangladesh should enact strict domestic laws to prevent the indirectly forced entrance of the Rohingyas from Myanmar.
Nizamuddin Ahmad Siddiqui (with Dabiru Sridhar Patnaik), ‘Problems of Refugee Protection in International Law: An Assessment through the Rohingya Refugee Crisis in India’ 14 (1) (2018) Socio-Legal Review 1, 2018
The present article deals with the problems of refugees under international law. The purpose is two-fold – to understand the legal framework for the protection of refugees and to understand the manner in which the international legal framework is adopted by States in their domestic jurisdictions. The limitation of international law in addressing the refugee problem is highlighted through ‘contestations’ and ‘ fault-lines’. It is argued that such contestations and fault-lines exist in the manner in which conceptions like sovereignty, nationality, territoriality, jurisdiction, and legal obligation are clothed and implemented in the international legal discourse. The example of Rohingya refugee crisis from India is employed to contextualise the discussion. Some notable developments towards the construction of a more robust regime for refugee protection under international law have also been highlighted in the last section.
The Rights of Rohingya: A Legal Analysis on the Role of ICC & ICJ -Kazi Shaila Sultana
The refugee crisis and forced migration is considered as a great challenge for the twenty first century. The protection of the rights of refugees creates some obligation to the asylum countries. According to the Convention relating to the status of refugee, "A refugee is someone who owing to well-founded fear of being persecuted for reasons of race, religion ,nationality