Illegal migration of the Rohingya from the Eastern Borders of India

Vibha Hareesh | Posted on August 17, 2023 |

The Rohingya Muslims are a stateless population who has faced brutal persecution, discrimination, and violent suppression in Myanmar and also considered the most persecuted minority in the world. They are an ethnic minority, fleeing vicious violence and armed attacks in the Rakhine state of Myanmar. The Rohingya Crisis thus includes large scale movement and migration of the Rohingya Muslims from Myanmar (Previously known as Burma) to escape the cruel violence and persecution caused by the Myanmar Military. With the Myanmar Military abusing them and the government denying to recognize them and provide citizenship, the ethnic group of Rohingyas have become stateless and termed as refugees.

Myanmar shares its land borders with Bangladesh, China, India, Laos and Thailand. Most of the Rohingya population migrates to Bangladesh, making Bangladesh the largest host country for the Rohingya Refugees. More than 900,000 people have found safety in the Cox Bazar’s region of Bangladesh which is now home to the world’s largest refugee camp. The United Nations has described the Rohingya as “the most persecuted minority in the world” ^[1]. The Rohingya Muslims are thus migrating to different regions on the continent including Nepal, India, Thailand, and Indonesia seeking refuge. The Rohingya refugees are also particularly migrating to India, as India shares a border with Myanmar on its North-Eastern front, particularly with the Indian states of Mizoram, Manipur, Nagaland, and Arunachal Pradesh. This geographical proximity has led to several concerns about illegal migration of the Rohingya Refugees into the country through its north-eastern and eastern borders through the aforementioned states.

Illegal migration is defined as a problem when, people migrate across national borders that violate the immigration policy of the host country which is receiving the migrants. India has had a serious threat of illegal immigration, mainly from its eastern borders and particularly from the Rohingyas coming from Myanmar, especially through Bangladesh. In recent times, there has also been a spike in the Rohingyas migrating directly to the country from Myanmar. This illegal migration through porous borders often poses a security threat to the country and thus, measures and right border management action needs to be taken to ensure a decrease in the numbers of illegal migration to the nation.

The Rohingya Crisis explained

Myanmar is in the center stage of one of the largest refugee crises in the world. Myanmar has a large ethnic diversity and the majority Buddhist Burmese population members have by force displaced many members from the minority Rohingya community. The Rohingyas are a minority ethnic community living in the Rakhine state of Myanmar since centuries. Despite living in Myanmar for many generations, the Rohingya are not recognized as an official ethnic group and have been denied citizenship since 1982, making them the world’s largest stateless population.

The Burma Citizenship Act of 1982 provided citizenship to anyone who resided in Burma [Now Myanmar] and were able to trace back, and provide evidence that their ancestors had lived there since before 1823, the year of the first British military campaign on Myanmar and a subsequent influx of people from China and India. The law was extremely troublesome because there was rarely any evidence to support whether a person had strong links and significant connection to Myanmar as a multitude of them were from different ethnic groupings. The nationalist Burmese government passed the law as one of several measures designed to promote Burmese ethnic power in the country. The law established and put forward three categories of citizenship: the First category, granted full citizenship to ethnic Burmans as well as members of the Kachin, Kayah, Karen, Mon, Arakan Buddhists, Shan, and any other ethnic group that has resided in Myanmar prior to 1823 and granted them full citizens

The law however did not include the Rohingya Muslims, leaving the minority ethnic group stateless. Under the Second category, children of mixed marriages, where one of the parents fell under the first category were given partial “associate” citizenship. This was done in addition to the individuals who had been residents in Myanmar for five successive years, or for eight out of the ten years just prior to the independence of the country. Associate citizens were permitted to work and receive an income but were prohibited from holding political office. Descendants of immigrants who entered Myanmar during the duration of British colonial authority fell under the Third category of the 1982 citizenship act. Burma Citizenship Act.

Thus, as an unrecognised and stateless population, the Rohingyas have been denied basic rights and protection, and have been subjected to various atrocities, killing and sexual and gender-based violence (SGBV) and abuse. Over the years, many have been murdered, mosques have been destroyed and thousands have been forced to flee their home and land. Many Rohingyas, thus being stateless have been forced to migrate and seek refuge in neighbouring South-East Asian countries. Today, Myanmar is present in the centre of one of the largest refugee crises in the world. Members of the majority Buddhist Burmese population have forcibly displaced many of the Rohingya, a Muslim minority group mainly centred in the southwest of the country. Over the last decade, hundreds of Muslims have been murdered, mosques have been destroyed, and hundreds of thousands have been forced to flee their homes. By 2013, in neighbouring Bangladesh alone around 300,000 Rohingya refugees lived in camps along the border. The violence has been coordinated and serious, and the UN Human Rights Office has stated that Myanmar is likely guilty of “crimes against humanity” or even “ethnic cleansing”. The Rohingyas thus migrate to the neighbouring countries to escape violence and seek protection leading to an exodus. They mainly rely on humanitarian aid for food, health, water, shelter and other basic needs. The majority of Rohingyas are currently entering India through the country’s north eastern borders and most of these are migrations which are illegal and not kept in records.

India and the Rohingyas

The Indian Government’s approach to the Rohingya Crisis has been mixed as its complex and often involves a mix of humanitarian, political, and legal considerations. India as expressed concerns against the humanitarian crisis going on in Myanmar and has a number of times, also expressed grave concerns over potential security threats posed by illegal immigrants including the Rohingya Refugees this has led to New Delhi having to balance between its security concerns and moralism on humanitarian issues. This illegal migration has raised legal and many security concerns for the Indian government, as the government tries to manage and keep a track of the illegal movement and migration of the Rohingya refugees across the border and within the borders. The Indian government provides different levels of protection and aid to a number of refugee groups. However, India is not a signatory to the 1951 Refugee Convention or its 1967 Protocol and is thus not bound by the convention. India also does not have a national refugee protection framework, but continues to grant asylum to a large number of refugees from neighbouring States and respects UNHCR’s mandate for other nationals, mainly from Afghanistan and Myanmar. In the absence of a national legal and administrative framework, the UNHCR located in New Delhi, conducts Refugee Status Determination [RSD] for asylum seekers from Myanmar and other non-neighboring countries coming to India. The Indian Government has also taken numerous steps to identify and deport individuals who have been found to have entered the country illegally. On India’s decision to deport 40,000 Rohingya refugees, the government, in its affidavit to the Supreme Court, said that some of the Rohingyas with militant background were found to be very active in Jammu, Delhi, Hyderabad, and Mewat. Prime Minister Narendra Modi during his visit to Myanmar in September described India and Myanmar as “partners” in their concern over “extremist violence” in Rakhine State. The principle of the Non-Refoulment act, contained in Article 33 of the 1951 Refugee Convention, which basically states that “A refugee should not be returned to a country where they face serious threats to their life or freedom”, does not bind India, as India is not a signatory of the 1951 convention. India can thus deport refugees and the government’s response to the Rohingya migrants can vary when national interest is concerned. There are also a large number of NGOs, human rights organizations and activists in India advocating for a more of a compassionate approach to be followed by the government. They argue that the Rohingya Muslims are fleeing violence and persecution in Myanmar and should be granted asylum and protection under international humanitarian law. The Rohingya crisis has garnered international attention among various countries, organizations, and individuals advocating for a solution that addresses both the immediate and long term issues which include the humanitarian assistance and aid needed by the refugees, and the political and social issues that have led to their displacement from the country.

India cannot however provide asylum and shelter to all the Rohingyas migrating due to various factors that are just not limited to the security concerns. Many Rohingyas are yet illegally migrating to the country. Illegal migration takes place when people cross borders against the policies of the host country’s immigration regulations. Due to the socio-political tension and disputes that it has sparked, illegal migration has become a very problematic subject. With India now being the most populous country in the world, receiving more refugees will bring about accommodation concerns and there will be lack of employment opportunities for Indians in the country. Illegal migration also significantly poses a security threat as it gives rise to illegal voters and terrorism. By enlisting their names on the voting list illegally, the refugees can claim that they are citizens of India. Illegal immigrants can also be militants who enter the country through the North-East, to carry out terrorist activities. From the eastern borders of the country, illegal immigration [not just limited to the Rohingyas] has changed the demography vastly of the north-east exceptionally of the state of Assam. More recently, there has been an influx of Rohingyas who are prosecuted in the Myanmar. From the northern borders, mainly persecuted religious minorities from Pakistan and Afghanistan have come to India. Often it has posed a security threat for India.

Combating Illegal Migration

Illegal migration is a serious problem and needs to be handled efficiently. Measures need to be taken to ensure that illegal migration doesn’t happen to the country to protect and ensure the security of the nation. India needs to make diplomatic efforts to persuade Bangladesh and Myanmar to cooperate, as most illegal migration of the Rohingya to India happens via Bangladesh from Myanmar, and it cannot be brought into control unless the countries from where the Rohigyas come to India don’t cooperate. Regional cooperation and collaboration is a necessary factor to address the Rohingya crisis, refugees and their illegal migration. Combined efforts and initiatives are required from countries like India, Bangladesh, and Myanmar to find a peaceful, sustainable and long-term solution as the issue has broader effects on the region’s security and stability. It is also important for the countries in the region, to share the databases of its citizens. The aim is to make use of data and information strategically and efficiently in order to comprehend, classify, and cater to the demands of the individuals involved in mixed movements. Compilation of data also ensures that migrants cannot move about borders at ease. Having access to accurate and up to date information on mixed movements makes it possible to assess their scale and trends, to establish a basic profile of arrivals including likely international protection needs, identify routes and means of transport, and to design, implement and evaluate policy responses and pragmatic interventions. Unique identification schemes should be created and, the information and data collected should be both qualitative and quantitative in nature, as it better assists in the formation of both strategies and policies. National and regional strategies and policies should be introduced which also need to consider and give priority to protection issues and should be constructed to effectively deal with the various elements and aspects of mixed movements. To make it possible for information to be collected and compared, each of the parties involved in responding to mixed movements, should agree on the data and information they collect. Additionally, information can also inform host communities on the origins and characteristics of mixed movements. In certain scenarios and circumstances, efficient and well-designed information techniques may prove to be beneficial in controlling and reducing irregular movements and the adverse effects that they bring about. Potential travellers are unlikely to rely completely on rumours or the advice of smugglers or traffickers if they are informed and made aware of the risks involved. Information alone is very unlikely to prevent irregular movements and illegal migration across borders.

Effective border management is a very imperative aspect of combating illegal migration through land routes. An impact will be made by fencing, building and developing border roads, and managing the border effectively and efficiently which includes vigorously patrolling the international borders between India- Myanmar and India-Bangladesh. For effective border management to happen, the Indian government should also resolve the pending border disputes between the neighbouring countries, if not they can further lead to national threat and security concerns. Diversion of security forces should not take place. The border-guarding force should not be deployed on other internal security tasks or missions in order to divert attention from its primary mission and responsibility. For instance, it is not advisable to call on the Indo-Tibetan Border Police (ITBP), a force trained exclusively for the India-China border, in Naxalite-infested areas. Development of information strategy with non-state actors and partners which include NGOs, organisations, and think tanks is equally important and vital along with border security and management to combat illegal migration.

Conclusion

Since India gained its independence, illegal immigration has increased substantially. Conflicts between the native people and the immigrants that had migrated to India erupted as lakhs of undocumented Rohingya migrants crossed the border and settled in India’s Border States mainly in the states of Assam, Mizoram, Manipur, Nagaland, and Arunachal Pradesh, as a result of either fleeing political or religious persecution or economic hardships in Myanmar. Thus, to protect India’s national interests, it is crucial to approach the problem of illegal migration of the Rohingyas cautiously. The Rohingya migration issue principally concerns the ethnic group’s exodus from Myanmar’s Rakhine state as a consequence of violence and persecution. The Rohingya population may be susceptible to radicalization according to the Indian government, which has also expressed concerns about possible threats to security brought about by their illegal migration into the country. Human rights organisations and advocates, on the other hand, have voiced concerns regarding the treatment of Rohingya migrants and the major requirement to offer them protection, and humanitarian aid and assistance. It’s crucial not to lose sight that resolving the Rohingya migrant crisis calls for a multifaceted strategy encompassing diplomacy, aid for refugees, and proper collaboration and cooperation with nations in the area. For a viable long-term solution, the underlying causes of the relocation, including discrimination and violations of human rights in Myanmar faced by the Rohingya population, have to be addressed.

Bibliography

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[1] https://www.unrefugees.org/news/rohingya-refugee-crisis-explained/

[2] https://www.unrefugees.org/news/rohingya-refugee-crisis-explained/#Rohingya

[3] https://rpl.hds.harvard.edu/faq/burma-citizenship-act