40 Burma’s displaced people FMR 30 Asia’s new boat people Chris Lewa

Thousands of stateless Rohingyas are leaving Burma and preferred destination. Travel agents , dreaming of a better life in . in Bangladesh arranged ‘Bangladeshi passports’, Hajj or Umra visas to Bengali in terms Mecca and air tickets. The trip was of ethnicity, usually paid for by migrants’ relatives language and who had already settled there. . The Rohingya were In previous years, several boats rendered stateless had carried Rohingyas to Malaysia by the Burma via but their number Law swelled considerably from the end of 1982.3 Gross of October 2006. While the human rights situation in North abuses and remains a constant push factor, there discriminatory has been no significant deterioration practices against which would explain this sharp them since then increase in boat people but rather include severe the combination of several pull restrictions on factors. Tighter security measures their movements, implemented by Bangladesh requirement following the nation-wide bombing of special campaign by Islamic extremists permission in 2005 made the procurement of to marry, Bangladeshi passports very difficult. confiscation of GHRE www.ghre.org land, forced This coincided with stricter labour and regulations governing the issuing of Boat people On 25 November 2007, a trawler arbitrary taxation as well as neglect visas plus reinforced immigration arrested in and two boats carrying some of health and education services. control at airports in . Thailand 2008. 240 Rohingyas being smuggled As other alternative migration routes to Malaysia sank in the Bay of Bangladesh was the destination are now virtually closed to the . About 80 survived; the rest of two mass exoduses in 1978 Rohingyas, Malaysia is currently the drowned. A week later, another and 1991-92 of a total of 250,000 only affordable Muslim destination boat sank, allegedly fired at by the Rohingya refugees, each followed and the sea voyage the only option Burmese Navy. 150 are believed to by a repatriation exercise often for leaving Bangladesh and Burma have perished. Many Rohingyas conducted under duress. To date, without travel documents. are ready to embark on a risky sea 26,000 remain in Bangladesh in two journey in order to escape oppression, official refugee camps supervised Malaysia: primary destination discrimination and dire poverty. by UNHCR. An estimated 200,000, In August 2006, Malaysia started On 3 March 2008, the Sri Lankan including many repatriated refugees registering Rohingyas for residence/ Navy rescued 71 passengers, most who then fled for a second time, work permits. Although the of them Rohingya, from a boat that have settled in precarious conditions process was soon suspended due had drifted for 22 days in the Indian in villages and semi-urban slums to allegations of fraud, rumours of Ocean with a broken engine. Twenty outside the camps or in an unofficial registration and job opportunities in had already died from starvation and makeshift site near Teknaf, with a booming economic environment dehydration.1 The Arakan Project2 little or no access to humanitarian spread like wildfire among Rohingyas estimates that, from October 2006 assistance and protection. in North Arakan and Bangladesh. to mid March 2008, more than 8,000 Local smuggling and recruiting boat people departed mostly from the Migratory movements of Rohingyas networks in North Arakan and coast of Bangladesh towards Thailand beyond Bangladesh are nothing Bangladesh swiftly emerged. Two and then Malaysia, including about new. For decades, smugglers and deals are offered to prospective 5,000 during the sailing season from traffickers have sent Rohingyas to candidates: sea passage to the shores the end of October 2007 to the present. Saudi Arabia, and the UAE of southern Thailand for less than where many obtained a temporary US$300 or an all-inclusive package up The Rohingya are a Muslim minority permit to stay. At the end of 2005, to the final destination in Malaysia for group numbering some 725,000 and 11,000 were also registered for between $700 and $1,000. Most boat inhabiting North Arakan (Rakhine) temporary protection with UNHCR passengers are males aged between State, adjacent to Bangladesh. They in Kuala Lumpur, Malaysia, 18 and 40 but children as young as are related to the Chittagonian although Saudi Arabia remained the eight have been found among them. FMR 30 Burma’s displaced people 41

The route, which for most starts in fee of around $700 and carry them departures continues to rise, more North Arakan with a brief transit across Thailand to Malaysia. The and more families are desperately in Bangladesh, passes through Thai authorities later attempted seeking news of missing relatives. Thailand and continues overland to deport a few directly into the to Malaysia. The sea crossing hands of the Burmese immigration Responses in the region lasts about one week. As most, if authorities, probably as a test case, The Burmese regime does not not all, boats are captured upon but these deportees were pushed appear interested in stemming the arrival, the itinerary via Thailand back to Thailand the following day. movements of Rohingya boat people. is deemed safer. Arrest in Malaysia In 2007, some boat people caught would mean a longer detention However, since the onset of the new in Burma were briefly detained period and eventual deportation sailing season in November 2007, the and released – after payment of across the border to Thailand. whereabouts of the boat people after a bribe – or simply towed back Complex networks of smugglers and initial detention remain unknown towards Thai territorial waters. brokers, mostly but not exclusively and a matter of serious concern. It is However, more recently, a couple Rohingyas, are involved at various believed that the Thai immigration of boats landed on the Burmese levels in transporting Rohingya authorities hand them over to brokers coast and boat people were given from North Arakan to Bangladesh, in south Thailand who allegedly seven-year jail sentences for having from Bangladesh to Thailand and, detain them near the Malaysian re-entered the country illegally. finally, overland from Thailand to border until a fee is paid for them Malaysia. The networks operate to be smuggled across. As on the So far, Bangladesh has only taken in collusion with law enforcement Thai-Burmese border, brokers on the minor steps to counter the smuggling personnel in these four countries. Thai-Malaysian border routinely beat of Rohingya boat people. Since their detainees to pressure them into October 2007, Bangladesh law Until 21 March 2007, boat people arranging payment. Those unable enforcement agencies have intensified arrested along the coast of South to pay have reportedly been sold to raids at departure points and at Thailand were briefly detained and plantation owners or fishing boats Burmese border crossing points. subsequently deported ‘informally’ as bonded labour. Many ultimately A few people were even pushed into a cease-fire zone in Burma reach Malaysia and find jobs as illegal back across the to Burma. close to Mae Sot. Brokers would migrants but many also disappear Usually only passengers are caught release them upon payment of a on the way. As the number of boat – not the smugglers themselves, who ’s forgotten people Nyi Nyi Kyaw

The Rohingyas have a history Foreign Affairs of Myanmar on 26 remain greatly restricted. The which dates back to the February 1992, the government presence of UNHCR and some beginning of the 7th century declared: “In actual fact, although other international NGOs in when Arab Muslim traders there are [135] national races living northern can help settled in Arakan (Rakhine). in Myanmar today, the so-called ameliorate the current plight is not one of them. of the Rohingyas but without They were recognised as an Historically, there has never been political will from within the indigenous by a ‘Rohingya’ race in Myanmar.” Myanmar military government, the government during their plight cannot be resolved. the parliamentary era in the In response to criticisms from 1950s but lost their political and the UN Committee on the Rights Nyi Nyi Kyaw (nnkster@gmail. constitutional identity when of the Child in April 2004, the com) is an MSc candidate the military government of junta stated that it had granted (International Political Economy) General promulgated full and equal treatment to the at the S Rajaratnam School of the Citizenship Act of Burma Rohingyas, as with other races, in International Studies (RSIS), in 1983. This effectively denied matters relating to birth and death Nanyang Technological University, the Rohingyas recognition of registration, education, health Singapore. A Muslim native of their status as an ethnic minority and social affairs. Moreover, the Myanmar, Nyi Nyi Khaw lived all group. Harsh discrimination junta also mentioned that the his life in Myanmar before moving against them soon followed. Rohingyas are listed as a Bengali to Singapore to do his MSC. A racial group and recognised as longer version of this article first The military junta maintains permanent residents of Myanmar. appeared online in February 2008 a clearly articulated stance on at: www.rsis.edu.sg/publications/ the Rohingya people. In a press However, in practice, the rights Perspective/RSIS0122008.pdf release issued by the Ministry of of the Rohingya population 42 Burma’s displaced people FMR 30

pay kickbacks to the authorities to UNHCR’s involvement. There is no stateless people, UNHCR should operate freely. Brokers who have doubt that Rohingya boat people be involved and, in collaboration been arrested are soon released. embark on these perilous journeys in with receiving countries, seek order to escape systematic oppression, appropriate solutions for them. Thailand, as a transit country, faces discrimination and human rights Adequate protection strategies should a particular challenge. The Thai violations, and not only for economic take into account the legitimate authorities perceive the Rohingyas reasons. One could thus argue that concerns of these governments as a threat to . the Rohingya boat people are ‘persons about irregular movements but ‘Informal deportation’ in the form of of concern’ on a prima facie basis. should also guarantee the rights a transfer to brokers who will move of the Rohingya boat people. them to Malaysia appears to be the These irregular movements by order of the day, an approach that boats are generally identified as Chris Lewa (chris.lewa@gmail. is exploitative rather than punitive. human smuggling rather than com) is coordinator of The Arakan However, such a response is likely trafficking because they fail to meet Project, a local NGO dedicated to create an additional pull factor. all three conditions of the Palermo to research and advocacy on the Protocol4 definition of trafficking: a Rohingya minority of Burma. Malaysia’s promise to issue work/ movement, a means (deception or residence permits to Rohingyas force) and delivery into a situation appears to have vanished; the of exploitation. However, if brokers On 28 March 2008 the Thai Prime registration process has been who receive them in Thailand Minister announced that Thailand indefinitely postponed and is unlikely or in Malaysia are forcing them was exploring the option of detaining to resume. Crackdowns against illegal into or slavery as Rohingya boat people on a deserted migrants, which include refugees, defined in the Protocol, it would island. “To stop the influx, we have to are commonplace. UNHCR ceased be trafficking. Thailand has signed keep them in a tough place. Those the registration of Rohingyas for but not ratified the two Protocols who are about to follow will have to temporary protection at the end on trafficking and smuggling and know life here will be difficult in order of 2005 and has yet to restart it. recently passed a new anti-trafficking that they won’t sneak in,” he said. domestic law. Malaysia is not party See www.bangkokpost.com/290308_ These maritime movements present to any of these international legal News/29Mar2008_news03.php a serious challenge in a region instruments. Nevertheless, all where protection mechanisms for concerned countries have ratified 1. See www.unhcr.org/news/NEWS/47cd360411.html asylum seekers are already weak the Convention on the Rights of 2. The Arakan Project is a research and advocacy and where there is an ever shrinking the Child and children should be NGO based in Thailand primarily focusing on the plight of the stateless Rohingya in North Arakan space for UNHCR to exercise its protected under the provisions of State of Burma. Papers and reports produced by mandate. None of the concerned this convention. The fact that the Chris Lewa are available on the Online Burma Library www.burmalibrary.org countries has ratified the Refugee Rohingyas are stateless further 3. The 1982 Citizenship Law defines citizens as Convention nor have they enacted complicates this issue and exposes members of ethnic groups that have settled in Burma before 1823, the start of British colonial rule any domestic legislation for the more acutely the inability of the in Burma. The Rohingya do not feature among the protection of refugees. They identify international community to address 135 ‘national races’ listed by the government and are these movements as the smuggling their plight and to protect them. therefore rendered stateless. 4. Trafficking and smuggling protocols at www. of economic migrants and are not unodc.org/unodc/en/treaties/CTOC/index. prepared to view the Rohingya boat Because of its international html#Fulltext people as asylum seekers and to allow mandate to protect refugees and Difficult to remain: the impact of mass resettlement Susan Banki and Hazel Lang

In a context where the durable solutions of repatriation and refugees from the camps resettled to local integration are not available, resettlement has become third countries and as many as 20,000 increasingly attractive. are expected to resettle in 2008. “Chuwa ma yeh, ga ma ye” is an of the 145,000 refugees on the Thai- On the one hand, it is difficult expression in the Karenni language Burmese border who, after decades to move forward; refugees are that translates roughly as “between of living in refugee camps with their understandably anxious and confused a rock and a hard place” or, more eyes metaphorically turned towards about what life in a new country accurately, “difficult to move forward, Burma, are now being offered the will hold if they choose to resettle. difficult to go back.” The phrase aptly possibility of resettlement to a third Most recognise that even the best characterises the emotions of many country. In 2007, more than 14,000 educated among them will experience