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Rohingya migrants are ‘threat’ to national security: BJP

Thu, 18 Aug 2022 04:39:41 +0000

New Delhi: Facing flak over the Rohingya issue, the BJP on Wednesday asserted that the illegal migrants are a “threat” to national security and that the Modi government will never compromise on the issue.

The BJP’s reaction came after Aam Aadmi Party (AAP) on Wednesday hit out at the Centre over Union Minister for Housing and Urban Affairs Hardeep Singh Puri’s tweet that Rohingya refugees will be shifted to apartments in the city.

Puri put out a tweet saying India has always welcomed those who have sought refuge in the country and all Rohingya refugees would be shifted to EWS flats in the east Delhi’s Bakkarwala area.

Thereafter, the Union Home Ministry issued a clarification denying any move to shift Rohingya Muslims in Delhi to economically weaker section (EWS) flats and directed the Delhi government to ensure the “illegal foreigners” remain in detention centres pending their extradition.

Addressing a press conference at the BJP headquarters, party’s national spokesperson Gaurav Bhatia described Rohingyas as a “threat to national security” and said, “Arvind Kejriwal is doing the politics of appeasement keeping the national security at bay.”

Bhatia further asked why was it that in the meeting held on July 29, chaired by the chief secretary of Delhi, “a hasty decision was taken that all these infiltrators would be shifted to the houses being built for EWS.”

He said there were news reports in which the facts were “meant to mislead the public. The Ministry of Home Affairs has clarified that.”

He further said “the law of our country says that Rohingyas will be deported and this jurisdiction lies with the Ministry of Home Affairs.”

Courtesy: The Daily Siasat

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We want to serve humanity: Rohingya refugees offer help amidst Covid

Tue, 04 May 2021 11:33:33 +0000

Representation Image

A group of Rohingya refugees has now come forward to offer help to Indians affected by Covid-19 amidst the pandemic that has literally left people gasping for breath.

“If they want volunteers in hospitals, or want us to help patients, maintain cleanliness, help with a dignified departure to the dead, or in any other way, Rohingya refugees want to help,” says Sabber Kyaw Min, Founder and Director of Rohingya Human Rights Initiative. He uses both, his Muslim and Myanmarese language name as a mark of respect to both cultures.

“We are human and we want to serve humanity,” explains Sabber who is currently overseeing activities of volunteers in Delhi.

“At present four of our men are helping bury the dead in Okhla and two more are helping with cremations,” informs Sabber. “We may not have money or certificates of educational qualifications, but that does not mean we cannot help,” he asserts. Amidst incessant news of crematoria and burial grounds being overwhelmed with a deluge of bodies of people who died due to Covid, this selfless service provided by a refugee community is a touching example of humanity being kept alive despite everything.

According to the government, there are 40,000 Rohingya refugees in India. Sabber is organising a nationwide initiative from various cities where there are Rohingya refugee settlements. “At present we have 10 volunteers in Delhi and the numbers are increasing. We are also putting together at least 10-20 volunteers in each city like Jammu, Hyderabad etc. where there are Rohingya refugee settlements. Some of our girls have worked in hospitals. My own wife is an experienced nurse,” he says.

Sabber has been in India since 2005 after his family suffered through successive bouts of violence in Myanmar in 1982, 1988, and the bloody period between 1993 and 1997. His wife had previously worked as a nurse in Bangladesh which has the largest number of Rohingya refugees in the world, before coming to India. They now have two children aged five and seven. He runs a small business of toys and also doubles up as an interpreter. But it is this humanitarian relief work that takes up a bulk of his time these days.

Sabber has been following developments in Myanmar ever since the February 1, 2021 coup. “When I hear about the current coup, I feel what my parents might have felt when they escaped the bloodshed,” he says.

On being asked what prompted the volunteer effort, Sabber sounds heart-broken. “Hum bhi insaan hain, aap bhi insaan hain. Par humain toh media ne villain bana diya (We are human too, but the media has turned us into villains),” he says. “All over the world we are seen as genocide survivors and global citizens, but here in India we were equated with terrorists,” he laments. “You will never hear people vilify Tibetan or Tamil refugees like this, but we have to live with painful jibes,” he says.

Min wants to showcase the respect and compassion the refugee community has for the people of their new home, hoping it will help Indians embrace Rohingya. He asks, “After the latest coup, when people started fleeing to India, for some time there was a reluctance to offer help. Why?”

Sabber hopes that this initiative will help change people’s perception of the Rohingya refugees. On parting note he asks a poignant question, “If this disease and death do not discriminate, then why must we face discrimination in life?”

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Did the SC Slip in Deporting Seven Rohingya Refugees Back to Myanmar?

Mon, 15 Oct 2018 05:48:03 +0000

In the past, on the question of application of international laws for protection of refugees, Indian courts in many cases have protected the rights of refugees.

India deported seven Rohingya asylum seekers who had entered Indian “illegally” in 2012 on October 5, 2018. The Supreme Court allowed the deportation as the government told the Court that Myanmar had accepted the Rohingya as their citizens and has agreed to take them back. After the genocidal attack on Rohingya in Rakhine state of Myanmar on August 2017, which triggered the massive exodus of Rohingya asylum seekers to Bangladesh, this is the first instance of deportation of Rohingya back to Myanmar.

In its affidavit to the Supreme Court on the issue of deportation of Rohingya refugees to Myanmar, the Union government said that as it was not a signatory to the Refugee Convention of 1951 or the Protocol of 1967, it was not bound by the principle of ‘non-refoulement’, or not sending back refugees to a place where they face danger. It is strange that the Supreme Court accepted this argument, as the principle of non-refoulement is considered part of customary international law and, therefore, binding on all states whether they have signed the Refugee Convention or not. In addition, India is party to major international human rights instruments, such as the International Covenant on Civil and Political Rights, Convention on the Elimination of All Forms of Discrimination against Women and Convention on the Rights of the Child.”

The Constitution of India does not not obligate or authorise the judiciary to draw on international law. However, it is relevant to note that Article 51, of the Constitution mandates the State to endeavour to promote international peace and security, to maintain good relations with other nations, to respect international law and to settle international disputes by peaceful means. Clause (c) of Article 51, obligates India to respect international law. A combined reading of this with Part III of the Constitution has facilitated the judiciary in developing human rights and environmental jurisprudence in India. This article has been relied upon by Indian courts to hold that various International Covenants, Treaties etc., particularly those to which India is a party or signatory, become part of domestic law insofar as there is no conflict between the two.

In Keshavanand Bharati vs State of Kerala, Chief Justice Sikri had observed, “In view of Article 51 of the Constitution this court must interpret language of the Constitution, if not intractable, which is after all a municipal law, in the light of United Nations Charter and the solemn declaration subscribed to by India”.

The Supreme Court’s acceptance of the argument that India is not bound to follow the principle of non-refoulement, is strange, as in the past, on the question of application of international laws for protection of refugees, in a number of cases Indian courts have protected the rights of refugees where there were substantial grounds that their lives would be in danger. Let me give a few examples;

In the cases of Louise de Readt (1991 SCC 554) and Khudiram [(1994 Supp. (1), Scc 615] the Supreme Court had held that Article 21 of the Constitution of India, which protects the life and liberty of Indian citizens is extended to all, including aliens. In 1996, the Supreme Court of India had prevented the government of the state of Arunachal Pradesh from forcibly expelling Chakma refugees (Civil WPNo.720/95 1996 (1) Supreme 295).
In Dr.Malvika Karlekar vs. the Union of India, Criminal 583 of 1992, in the writ petition the Supreme Court had held that the authorities should consider whether refugee status should be granted. And had directed that, “until this decision, the petitioner should not be deported.
In the case of U. Myat Kayew & Nayzan Vs. State of Manipur, the Guwahati High Court’s order had clearly said that “all asylum seekers who enter India (even if illegally) should be permitted to approach the office of the UNHCR to seek refugee status” (Civil Rule No.516 of 1991).
In Bogyi vs. Union of India, the Guwahati High Court had not only ordered the temporary release of a Burmese man from detention, but approved his stay for two months so that he could apply to the UNHCR for refugee status (Civil Rule 981 of 1989)
In the case of Ktaer Abbas Habib Al Qutafi vs. Union of India, the Gujurat High Court had summarised the principles that emerged from Indian judicial precedent. According to the High Court, the government was obliged to respect the international conventions and treaties although these may not be enforceable and act in conformity with these conventions and treaties. The High Court had pointed out that the principle on non-refoulement was encompassed in Article 21 of Indian Constitution, so long as it was not prejudicial to national security. (CA3433 of 1998).

There are more than 200 Rohingya asylum seekers who are languishing in jails in different states of India. The deportation of the seven Rohingya refugees as “illegal immigrants” raises the fear that the government may be planning to deport all of them. And now that the Governments of India and Myanmar have started cooperating on the issue of “identifying” Rohingya in India, and the Indian police is forcing the Rohingya to fill and sign a so-called identification form developed by the Myanmar government, the likelihood of their deportation is even higher.

One Rohingya refugee told me, “This form is similar to the form which Myanmar government is forcing Rohingya inside Myanmar to fill up. We call it national verification form NVC. Myanmar has classified Rohingya as foreigners erasing their history, identities and existence”. The Rohingya refugees in India are apprehensive that the information will be used to harass their relatives who are still living inside Myanmar. Also, on the basis of the information, they will be classified as “foreigners” living in Myanmar illegally. Rohingya refugees in Bangladesh have refused to fill and sign similar forms on the ground that these forms are not for the purpose of restoration of their citizenship.

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Govt to collect biometric data of Rohingyas to keep a tab on movements and deport them

Mon, 01 Oct 2018 06:39:25 +0000

Calling all Rohingya refugees in India “illegal immigrants”, the home minister had said on Thursday the state governments have been asked to observe their movements and obtain their personal details so they could be deported to Myanmar.

New Delhi: The government of India as a part of a country-wide security exercise has asked all states to record biometrics details of Rohingyas and other illegal immigrants living in their jurisdiction, according to Home Ministry officials, reported PTI.

The move has been initiated purportedly to identify illegal immigrants wherever they go in the country.

Calling all Rohingya refugees in India “illegal immigrants”, the home minister had said on Thursday the state governments have been asked to observe their movements and obtain their personal details so they could be deported to Myanmar, the PTI report said.

Around 14,000 Rohingyas living in the country are registered with the United Nations High Commissioner for Refugees, while about 40,000 are said to be staying illegally, as reported. They are also known as the largest stateless population in the world.

It is unfortunate how our home minister forgot to differentiate between refugees and illegal immigrants. Are those who fled their country due to persecution at home and entered into our border to save their lives, and are duly registered with the United Nations High Commissioner for Refugees, are illegal immigrants?

Since Rohingya refugees are mostly Muslims they have been the target of criticism in our country and are seen as evil-mongers involved in illegal activities.

Earlier in July, Home Minister Rajnath Singh had said in Parliament that some Rohingya Muslim migrants in India have been found indulging in illegal activities and maintained that security forces have been deployed to stop their infiltration into the country.

In a communication dated September 26, Saturday, the Southern Railways received a ‘secret’ missive by the home minister that Rohingyas were travelling to southern states with their families. “A day after Home Minister Rajnath Singh said at a public speech in Kerala that Rohingyas have started entering Kerala, a communication from the Railway Protection Force (RPF) marked ‘secret’ claimed that a huge number of Rohingyas are coming to Kerala by train,” reported the News Minute.

“All Rohingyas are travelling in groups along with their families,” the note further added. “Officers and staff under your control may be sensitised about their movements. If they are found in trains they may be handed over to police having jurisdiction for further action. Action taken report may be sent to this office at the earliest for the perusal of Principal Chief Security Commissioner (PCSC),” the missive directed said the TNM report.

Bangladesh has been the worst hit by the influx of Rohingya Muslims from Rakhine state. After the brutal crackdown by Myanmar army on minorities in the country specially in Rakhine state where majority of Rohingya Muslims live, more than 700,000 people left Myanmar and crossed over to Bangladesh to save their life after losing everything there.

Though those refugees are living in cramped tent shelters with minimum facilities, Bangladesh has extended its support on humanitarian grounds. Bangladesh government has also been trying for their early repatriation to their country and is negotiating with the Myanmar government.

Refugees are bound to return to their home countries once the condition improves over there and they are assured of their safe return and smooth settlement.

“The official said capturing the biometrics details does not mean that they will be given any valid identification document. Documents such as Aadhaar can be issued only to those non-citizens, who visit India legally and are residents in India for minimum six months but the Rohingyas, being illegal migrants, do not qualify for it, the official said,” the PTI report said.

“The Supreme Court on Wednesday had also directed the government not to issue Aadhaar card to illegal immigrants. Calling all Rohingya in India “illegal immigrants”, the home minister had said Thursday the state governments have been asked to observe their movements and obtain their personal details so they could be deported to Myanmar,” the report said.

“Since August, when the Myanmar government began its brutal ethnic cleansing campaign, over 688,000 Rohingya Muslims have escaped over the border to Bangladesh. The refugees have gathered in camps in a border area known as Cox’s Bazar, where the sheer scale of the crisis threatens to overwhelm the local authorities. UNHCR and the Bangladeshi government register every refugee over the age of five, collecting fingerprints and photographs. Refugees are only able to receive aid after being enrolled in the database,” reported Wired.

“The Rohingya are fleeing violence and persecution on the basis of their identities. Now their most intimate information is being collected and stored in a database over which they have no control. Instead, the power lies with humanitarian agencies – and, worryingly, with the Bangladeshi government,” the report said.

What will this data be used for and if the consent of the minority was taken before collecting their personal details is not known. Just how Aadhaar details were bought for a sum online, what disaster could the information on the persecuted minority bring?

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