Indian policies towards illegal migrants The Excelsior 20 Sep 17
The Rohingya’s forced migration from Myanmar into Bangladesh has been in the headlines in the recent past. There are controversies surrounding this forced migration. The UN High Commissioner for Human Rights (UNCHR), US and many other nations have blamed the Myanmar army for ethnic cleansing. Zeid Ra’ad Al Hussein, the UNHCR, went on the state that this is clearly a text book case of ethnic cleansing.
Myanmar on the other hand claimed that trouble began when members of the Arakan Rohingya Salvation Army (Arsa) attacked a police post and killed twelve Myanmar border guards. Myanmar also claims that it is not burning Rohingya villages, but they are doing so themselves. Reports are afloat of the ISI and its affiliates being involved in the funding and equipping of Arsa. Post the spurt in migration, Arsa declared a unilateral ceasefire, which the Myanmar government refused to consider.
Aung San Suu Kyi, a Nobel laureate and unofficially the head of state, has refused to criticise the military action, hence is being targeted by many international critics. There are demands from the international community to even withdraw her Nobel Peace Prize. India and China have supported the Myanmar government in its actions, hence with the Chinese veto, the UN Security Council may be unable to censure the country.
Many fail to realize that in Myanmar, a civilian government has been established in a power sharing role with the army, which had held sway for decades, moving the country into self-isolation. The military still controls matters pertaining to national security. Internal criticism could push the military to retake the reins and all international and internal efforts over decades to re-establish democracy would be redundant. Handling the army maturely may be the answer, which she would be doing.
While Bangladesh bears the brunt of the Rohingya refugees other countries are also affected, most notably India. Official reports claim that India has approximately forty thousand Rohingya illegal migrants, of whom fourteen thousand are registered with the UNHRC. They are settled around Delhi, Hyderabad and Jammu. While most struggle to make ends meet, there are regular reports of few being involved in drug smuggling and other petty crimes. The Home Minister in a recent statement did mention that action is in hand to deport illegal Rohingya migrants back to their homeland. Some Rohingya’s have approached the supreme court for justice.
The UNCHR criticised the decision of the Indian government especially ‘at a time of such violence against them’. The Indian permanent representative to the UN in Geneva, Rajiv Chander, stated that like many other nations, India is concerned about illegal migrants especially if they pose security challenges. While the Rohingya case has assumed a debate in the country, those supporting their cause seem to forget that the last two years have witnessed massive illegal migrants attempting to enter Europe from West Asia and the reactions of nations there.
The movement of Afghan, Syrian and Iraqis fleeing war in their country to Europe has been uncontrollable in recent times. Most East European nations have refused to accept them, despite strong statements by the EU. For the first time, nations as a part of the EU set up barriers and fencing to check the inflow of illegal migrants. European nations, including Germany, have deported thousands of them back into their countries, which continue to remain in the throes of war, solely because they cannot be absorbed into the system while posing a security risk in the long term.
No Moslem nation, including Saudi Arabia, Jordan, and Iran have accepted any. Australia has set up detention camps on Manus islands of Papua New Guinea, where it has kept all illegal migrants and asylum seekers. It has made it abundantly clear that none would be permitted to enter the country. If this is the trend the world over, then why should India be any different.
India has been home to illegal migrants for decades. Earlier central and state governments were lax hence turned Assam into a state where the original Assamese considers himself a minority, resulting in a series of insurgencies, basically to rectify the system. The districts bordering Bangladesh with Bengal have witnessed a demographic change in population, with illegal migrants residing in mass numbers. These districts are a major law and order problem as many illegal weapon and bombs manufacturing factories exist.
Another concern is their exploitation by enemy agencies including the ISI. Migrants desperate to maintain growing families, lacking financial resources, are easy lure for enemies of the state. They would be enticed to commence with low level activities akin to passing of drugs and slowly be compelled into participation in more lethal activities. They are stateless, with nothing to lose and no affection for the host country, hence could always remain a threat.
Akin to others, India too has the right to take its own decisions on the handling of illegal migrants. Internationally, the world can only comment but not criticize India for its decision. This is because India is not a signatory to two UN conventions. India is neither a signatory to the 1951 Refugee Convention nor its 1967 protocol. These clarify the rights of refugees and help protect them.
In addition, India though a signatory since Oct 1997, has yet to ratify the UN convention against torture. Article 3 of this convention states, ‘no party shall expel, return or extradite to another state, where there are substantial grounds for believing that he/she would be in danger of being subjected to torture.’ The act also states that determination could be based on a consistent pattern of gross, flagrant or mass violations of human rights.
Hence, while India is legally justified in its decision to deport all illegal migrants including Rohingya migrants, it should seek the cooperation of the Myanmar government to ensure their return. Similarly, while it has supported Myanmar from international criticism, it could commence playing a role in seeking reduction of state sponsored violence in the region. Humanitarian aid to support the refugees in Bangladesh is a welcome step and must continue. Finally, and more importantly, the government should be equally bold, when it comes to deporting millions of illegal Bangladeshis who have settled in this country. India should be as firm as western nations in turning away illegal migrants.
About the Author
Maj Gen Harsha Kakkar
Retired Major General Indian Army