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Stateless Tag, Undocumented Birth of Rohingya Children in Bangladesh and Role of ASEAN

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Stateless Tag, Undocumented Birth of Rohingya Children in Bangladesh and Role of ASEAN Stateless tag, undocumented birth of Rohingya children in Bangladesh and role of ASEAN *SHAMSUDDIN ILLIUS Abstract It is estimated that there is over one million Rohingyas in the 34 refugee camps in Bangladesh who fled brutal violence from Myanmar. Of them, 55 percent are children and everyday there are more 92 children being born in these squalid camps. Bangladesh is not issuing any Birth Registration Certificate (BRC) for these newborns as they are born to those parents living in the camp without any formal refugee status. The article also discusses the role of Association of Southeast Asian Nations (ASEAN) to resolve the prolonged Rohingya Muslim minority identity crisis initiated in 1970s. The article is based on the analysis of legal instruments both Bangladesh and Myanmar to the citizenship of the Rohingya children, some interviews with Bangladeshi experts and government officials and local government representatives to clarify the legal aspects to the status of the children born in Bangladesh refugee camps and the interviews of the newborns' parents. The published literature and media reports have also been thoroughly reviewed for comparison with legal standards and on stance of ASEAN. Based on above mentioned analysis and empirical findings, the article shows that all children being born to Rohingya mothers are likely to embrace the fate of statelessness. The fate of newborns without any birth record is uncertain too with derisory safeguards. There is no legal impairment to get birth registration for any children born in Bangladesh. With the identity crisis deepening further, the ASEAN members are not coming up with any collective steps to compel its member state Myanmar to solve the problem using its mandate to ensure peace and stability among the member countries. Introduction During the last two influxes in 2016 and 2017, I witnessed that many Rohingya people had to flee from Myanmar with their infants of different ages. Many children were born during their perilous journey to find a safe (1) home to Bangladesh. Many children were born in jungle, graveyard (2) and valley of the hills. After the influx, on an average 92 (3) Rohingya babies are being born every day in the squalid, flimsy tents of Cox’s Bazar refugee camps in Bangladesh where their parents took shelters. The children born to Undocumented Myanmar Nationals (UMN) with stateless tag and the government is not maintaining birth record (Birth Certificate) saying they are living here temporarily. The article attempts to find answers to the questions about the status of the newborns in the Bangladesh refugee camps born to the mothers’ of UMN and the Bangladesh laws that regulate their identity and birth records and how the laws are implementing. The article also tries to answer why the birth record is necessary for the safeguard of a child and what role the regional organisation ASEAN is playing to compel its member state Myanmar to resolve the identity crisis. The article is divided into four main sections. The first section is a brief description about the children born in Bangladesh refugee camps and the treatment to them. The second section analyses and describes the status of the newborns to the parents of UMN based on the Bangladesh and Myanmar citizenship laws and research projects and media reports on legal status of the Rohingya in these two countries. The second section also describes the impact of the citizenship laws on the life of Rohingya people. The third section focuses on the birth record of the newborns in the camps and analyses the Bangladeshi laws regarding birth record. This section is also based on some interviews of Rohingyas, local government officials, local public representative, experts and NGOs taken at Rohingya refugee camps in Bangladesh via email and over telephone. A total of 16 Rohingyas were interviewed, the findings of Rohingyas interview and NGOs have been mentioned without disclosing their identities for the safety of the participants. The final section analysis focuses on the role of ASEAN responding to the regional identity crisis based on their principles, research and media reports. Rohingya newborns in Bangladesh refugee camps Among 1.1 million Rohingyas in Cox’s Bazar, 55 per cent are below 18 years of age. There are 136,402 children age between one year and four years, 202,521 children aged between five and eleven and 122,390 children are from 12 to 17 years old in Bangladesh. Moreover, only 34, 172 previously registered refugees from Myanmar in Kutupalong and Nayapara refugee camps. In the last 11 months in the Rohingya refugee camps in Bangladesh, a total of 30,302 babies including 15,173 infant females and 15,129 infant males were born and more 30,000 children are expected to be born in the next ten months. As per the information provided by Refugee Relief & Repatriation Commission of Cox’s Bazar, of them, 39,8,41 are orphans (19,059 boys and 20, 782 girls) while 8,391are unaccompanied children. Abdus Salam, Cox’s Bazar Civil Surgeon of Directorate General of Health Services (DG HS) under Ministry of Health and Family Affairs (during a telephonic interview on November 8, 2018) said, “Over 35,000-40,000 children were born in the camps since August 25, 2017. The number of expecting women stands at 30,000 till November 08, 2018.” Describing the condition about the camps and the children The United Nations International Children's Emergency Fund (UNICEF) states that “The babies are taking their first breath in appalling conditions, away from home, to mothers who have survived displacement, violence, trauma and, at times, rape. These children born in the camps far from the best start in life” (4). All these children born to stateless Rohingya mothers in no-man’s land and Bangladesh territory, including the refugee camps in Cox’s Bazar, are likely to be tagged as stateless (5). Myanmar and Bangladesh do not recognise these newborns as their citizens. Myanmar called them “illegal interlopers” (6) from Bangladesh and not the citizen (7) of Myanmar while as per Bangladesh's law; they are “aliens” in Bangladesh territory. The government also categorises (8) them as ‘Rohingya intruders’, ‘illegal foreigners’, ‘illegal Burmese’, ‘undocumented Myanmar nationals (UMN)’, and ‘economic migrants’. Moreover, the Bangladesh government does not issue any BRC to these newly born children. The fate of the newly born Rohingyas without any birth record is uncertain. Besides, Myanmar’s discriminatory state policies that lie at the root of the crisis. The 1982 Citizenship law of Myanmar stripped the citizen rights of the Rohingya children. Since then the identity crisis for the Muslim minority leads to a prolonged problem while Myanmar government has been conducting cleansing operation and committing “crimes against humanity” (9). The Association of Southeast Asian Nations (ASEAN), a regional organization, mandated to ensure peace and stability among the countries, has not yet taken any bold step against its member country Myanmar citing the principle of non-interference in internal affairs among its member countries. 1982 Myanmar Citizenship law and systematic campaign The systematic campaign against Rohingyas, an ethnic minority in Myanmar's northern Rakhine state of Myanmar has come to a head which commenced in 1962. General Ne Win, the Myanmar military commander and politician, had designed the campaign to drive out the Rohingyas from Rakhine state (formerly Arakan state) after usurping the power by staging a military coup in 1962 (10). Earlier, the Rohingya community was recognized as an indigenous ethnic nationality of Burma, with members of the group many (11) Rohingyas served as representatives in the Burmese Parliament, as well as ministers, parliamentary secretaries. When Ne Win came to power in 1962, the status of Myanmar Muslims started changing. Among his first steps was to oust Muslims from the Myanmar army. Then he cancelled the Rohingya language programs, an ethnic language program had been broadcast on the Burmese Broadcasting Service in 1965. In 1974, he changed the name of Arakan State (13) to Rakhine State, an ethnically motivated name. As per a longstanding plan of the Myanmar military, General Ne Win first started Operation Nagamin (Dragon King) in 1977 to dissolve Rohingya social and political organisations and drive the minorities out of that country in the name of screening “foreigners”. To oust the Rohingya, the Tatmadaw used forced eviction, gang rape and murder against the Rohingya ethnic minority. Then successive governments conducted the other drives. The country stripped the citizenship rights of this minority group enacting a Citizenship Law in 1982. Every Rohingya children born after the 1982 Citizenship Law becomes stateless. Rohingyas are not recognises one of the 135 ethnic groups (13) living in Myanmar. They have been living for centuries (14) in the western state of Rakhine, in Myanmar for a long time. However, they are not recognised as an ethnic group. To make matters worse, they have been persecuted for decades by the Myanmar government saying they are “illegal interlopers” “virus” from neighboring country Bangladesh. Even they urged the international community not to use the term “Rohingya” with and attempt to erase (16) them. Myanmar nationality law recognizes three categories of citizens; citizen, associate citizen and naturalised citizen. Under this law, full citizenship is primarily based on membership of the “national races” who are considered by the State to have settled in Myanmar prior to 1824, the date of first occupation by the British. Despite generations of residence in Myanmar, the Rohingya are not considered to be amongst these official indigenous races and are thus effectively excluded from full citizenship. Full citizens are descendants of residents who lived in Burma, before 1823 or were born to parents who were citizens at the time of birth.
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