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Showing posts with label Internation Court of Justice. Show all posts
Showing posts with label Internation Court of Justice. Show all posts

Saturday, March 25, 2023

China has to ensure return of Rohingya to Myanmar


SALEEM SAMAD

The lights are dim at the end of the tunnel in case of repatriation of Rohingya refugees living in squalid camps in the coastal district of Cox’s Bazar in Bangladesh.

The country hosts nearly 1.2 million Muslim Rohingya people who have fled ethno religious strife in neighbouring Myanmar during a military genocidal campaign, which killed at least 9,000 people in 2017.

The Tatmadaw (Myanmar military) backed campaign that the United Nations labelled a “textbook example of ethnic cleansing” saw hundreds of thousands of Rohingya driven across the border into Bangladesh in September 2017.

More than a million refugees are crammed in tens of thousands of make-shift huts made of bamboo, thin plastic sheets and corrugated tin roofs and the living conditions in the nauseating camps are dangerous. Often, fires blaze through the camps leaving thousands without shelter.

Last week, a 17-member delegation from Myanmar’s immigration and population ministries crossed into Bangladesh in mid-March and interviewed 480 Rohingya in Cox’s Bazar as part of a plan for possible repatriation to their country.

The Myanmar delegation, led by Aung Myo, the social welfare minister for Rakhine State, was selecting members for a pilot ‘family-based repatriation’ project.

The Myanmar delegation’s visit to the camps is believed to be brokered by China and facilitated by the UNHCR.

The Refugee Relief And Repatriation Commissioner (RRRC) in Cox’s Bazar, Mohammed Mizanur Rahman, said the Myanmar junta officials cleared 711 Rohingyas out of 1,140 recommended by Bangladesh. The newborn and newly married couples have been excluded from verification.

When journalists asked when the repatriation is expected to start, Rahman said that the “Myanmar delegation did not have the power to commit to a possible repatriation date.”

Before the visit of the delegation, the Myanmar junta for the first time since the 2017 crackdown, allowed diplomats from Bangladesh, India, China, and five other countries to tour the restive Rakhine State.

It was only then, the officials expressed the military junta’s plan to begin Rohingya repatriation under the pilot project.

Earlier, Bangladesh formally sought cooperation from China to repatriate Rohingya refugees to Myanmar during a visit by Foreign Minister Wang Yi and also China’s State Councillor promised to resolve a political solution to the Rohingya crisis.

China had used its influence in Myanmar to broker a November 2017 agreement to repatriate Rohingyas.

China’s ambassador to Bangladesh Yao Wen hoped that the first batch of displaced Rohingya would be repatriated to Myanmar soon while China continued its role as mediator, the official news agency Bangladesh Sangbad Sangstha reported.

On 17 March 2023, Bangladesh Foreign Minister Dr AK Abdul Momen also urged the Organisation of Islamic Cooperation (OIC) member states to take collective responsibility to ensure a safe and dignified return of the most persecuted Rohingyas to their homeland, Myanmar.

Indeed, OIC backed Gambia to file a genocide case with the International Court of Justice (ICJ). Only Turkey has a visible presence at the Rohingya camps in Cox’s Bazar.

India also launched “Operation Insaniyat” to provide relief assistance in response to the humanitarian crisis faced by a large influx of Rohingya refugees into Bangladesh from Myanmar.

Bangladesh and Myanmar began the negotiation for repatriation, but since 2018 none has returned so far and recent verification of a few hundred potential returnees for a pilot repatriation project remains unclear when they would be going home.

Despite attempts to send them back, the refugees refused, fearing insecurity in Myanmar, which was exacerbated by the military takeover last year.

Amid the situation, the United Nations High Commissioner for Refugees (UNHCR) in a statement on March 19 said they are observing developments of the Myanmar delegation’s visit to Bangladesh to verify a selected number of refugees on a bilateral pilot project on their possible returns.

The UN Refugee organisation reiterated that conditions in Myanmar’s Rakhine State are currently “not conducive to the sustainable return of Rohingya refugees”.

Bangladesh has consistently reaffirmed its commitment to “voluntary and sustainable repatriation” since the onset of the current crisis which echoes UNCHR policy that every refugee has a right to return to their home country based, make an informed choice and no refugee should be forced to repatriate.

China always wanted to impress upon their “feel good” diplomacy, but despite best intentions, it seems the repatriation has entered into a fresh deadlock as both Bangladesh and UNCHR, responsible for the safe return of the displaced Rohingyas are concerned about their safety and security in the Rakhine State.

The Rohingya issue must be addressed by China, a country [Myanmar] over which it has significant influence. Only China can make conclusive negotiations on the safe return of the Rohingyas, writes security analyst Samina Akhter in Modern Diplomacy.

Bangladesh and China have close political and military relations in addition to the fact that China is Bangladesh’s top trading and development partner.

Last week, Bangladesh has inaugurated a naval base in Cox’s Bazar with two conventional diesel-electric powered refurbished Chinese submarines bought for $205 million in 2016 to enhance Bangladesh’s naval capacity, after the demarcation of its maritime boundary with India and Myanmar.

It is equally true, that Myanmar’s military junta, which took power in a coup two years ago, has demonstrated no intention to take back any refugees.

Most importantly, the Rohingya refugee groups based in Bangladesh said for sustainable and dignified repatriation will only be possible when the Myanmar regime recognises the Rohingya as an ethnic community; provide legal citizenship which was stripped in 1982; school education; healthcare services; freedom of movement and livelihood.

Rohingya’s human rights groups believe the face-saving exercise to repatriate refugees happened after the Chinese exerted pressure on the Myanmar military junta to demonstrate a “feel good policy” otherwise face the compliance declared by the International Court of Justice (ICJ). The genocide case is resuming at ICJ on 24 April.

“Taking back a few refugees, even if it is less than one percent of the population, shall allow Myanmar to come up with a counterargument under the very false pretence they are sincere about the return of refugees,” the Arakan Rohingya National Alliance (ARNA) said in a statement.

First published in the India Initiative, New Delhi, India on 25 March 2023

Saleem Samad is an award-winning independent journalist based in Bangladesh

Wednesday, February 10, 2021

Checkmate for Suu Kyi

Her failure to own up to the crackdown on the Rohingya has sullied her reputation

SALEEM SAMAD

A military coup in Myanmar was imminent for two reasons, which immediately invited widespread protests within the country and international condemnation.

First, the Tatmadaw (Myanmar army) since they took the reign of the country in 1962 failed an “election engineering” plan in favour of a pro-military political party. Secondly, Nobel laureate Aung San Suu Kyi gained popularity which brought her confidence in further reforms to democratize the nation, which the military generals were watching with frowns.

Suu Kyi, who spent 15 years under house arrest in the struggle to bring democracy to Myanmar, has been detained along with other leaders of her political party in a military coup.

Meanwhile, the anti-military coup protests swell in Myanmar, and riot police battle demonstrators in Myanmar’s capital Naypyidaw and cities and towns across the country.

The supporters of Suu Kyi, leader of the pro-democracy National League for Democracy (NLD), call for a campaign of civil disobedience -- amidst a blockage of Facebook, fearing further anti-military street protests.

The Buddhist monks, doctors, nurses, teachers, have openly joined protests against the Myanmar coup, which has surprisingly grown louder every hour, since the military coup on February 1.

Myanmar has been a country of military coups and military rule -- shortly since independence from British colonialists in 1948.

In an uneasy power-sharing agreement in 2008, the military made a political partnership in running the country. The army had 25% of the seats in parliament.

Well, the 2015 elections established the road to democracy and installed the first civilian government after 50 years of global isolation and a ruthless military regime.

The February coup derails years of Western-backed efforts to establish democracy in Myanmar, where neighbouring China also has a powerful influence.

China was conspicuously silent in condemning the military coup, which occurred hours before parliament was due for the maiden session since the NLD’s landslide win in a November 8 election.

China was sceptical in strengthening bilateral relations with Myanmar, keeping Suu Kyi in power.

Suu Kyi’s party, the NLD won 396 seats out of 476 in the upper and lower houses of parliament, which has been interpreted by political observers as a referendum on Suu Kyi’s fledgling democratic rule.

Well, the main opposition party, the military-aligned Union Solidarity and Development Party (USDP), bagged only 33 seats (nearly 7%) in the last elections, eight fewer seats than in 2015.

In response to military chief General Min Aung Hlaing’s claim that the November poll was an “election fraud,” however, Myanmar’s Union Election Commission rejected the claims of voter fraud.

The defenders of democracy fear that Myanmar’s army is likely to scrap the constitution, despite the army chief Gen Hlaing saying the 2008 constitution was “the mother law for all laws” and should be respected.

Its guarantee of military power makes the constitution a “deeply unpopular” document, according to Yangon-based political analyst Khin Zaw Win.

On top of the military junta’s strings of accusations against the pro-democracy leader, Suu Kyi is already accused of ethnic cleansing and genocide of the ethnic Rohingya Muslim population, which the United Nations said had “the hallmarks of genocide.”

She took the responsibilities for the infamous military crackdown on the Rohingya and denied genocide at the International Court of Justice in The Hague, and explained the claims as “incomplete and misleading.”

Soon after shouldering responsibilities of the Myanmar military, Suu Kyi fell from the grace of world leaders and as an icon of democracy, primarily because she mishandled the crisis when more than a million ethnic Rohingya fled the restive Rakhine state into neighbouring Bangladesh in 2016 and 2017, which the United Nations dubbed as a “textbook ethnic cleansing.”

While still hugely popular at home -- the daughter of the independence hero Aung San (who was assassinated in 1947) -- her international reputation has been damaged after she failed to stop the forced expulsion of hundreds of thousands of Rohingya from the western Rakhine State in 2017.

To judge whether she has failed the world, the democratization of the country, or is a saviour of the nation from the yoke of the military, is a matter of time.

First Published in the Dhaka Tribune, 10 February 2021

Saleem Samad is an independent journalist, media rights defender, recipient of Ashoka Fellowship and Hellman-Hammett Award. He can be reached at saleemsamad@hotmail.com. Twitter @saleemsamad

Saturday, December 21, 2013

Butcher Quader is the ‘angel’ of Mirpur

D ASGHAR

Mr Molla was a Bangladeshi citizen — had he loved Pakistan so much, he would have renounced his citizenship and migrated to the Islamic citadel, after the creation of the so-called Indian-sponsored Bangladesh

The sovereign state of Bangladesh decided to punish a Bangladeshi citizen named Abdul Qauder Molla for 1971 war-related crimes. Mr Molla was hanged according to Bangladeshi laws (right or wrong, which is of course debatable) after the review of their Supreme Court. A foreign office ‘babu’ (bureaucrat) in Islamabad drafted a vague and vain (in essence) statement, advising Bangladesh that, “Though it is not the norms of our state to interfere in the business of other countries, but the world is watching the developments that are shaping in Bangladesh ‘very closely’, as a result of this sentencing.” The ‘babu’ must have missed his morning tea or perhaps overslept, as the statement clearly was not very diplomatic at all. However, as they say, we are the ones in deep slumber, unwilling to learn anything from the past. Each year, around this month we do the usual chest thumping, a bit of sloganeering, point fingers towards edgy neighbours and rarely focus on the remaining four fingers that all point towards us. The grand state of delusion, which once engulfed former President Yahya Khan, still runs through our veins like blood and no matter what facts or evidence are brought forward, we simply will not relent and abandon our state of denial.


The social media went ablaze as soon as the hanging was confirmed by credible news sources around the globe. Mr Molla was remembered as the ‘Butcher of Mirpur’ and, of course, our folk quickly transformed him into an angel, making him the poor soul who was victimised by the Bangladeshis for his love for Pakistan. All right, let us assume that our patriots have something that carries any weight for a moment. The Awami League-led government in Bangladesh decided to try war criminals after 42 years as a campaign ploy to win the hearts of the potential voters in the upcoming elections in their country. In a country of millions, Mr Molla was the easiest victim and hence they picked on him to demonstrate their disdain towards their former tormentors. Never mind the people who gathered at Shahbagh and protested there. Of course, they must have been some foreign agents, perhaps fielded by our archrival, inciting and stirring up an unwanted controversy. 


Social media activists high on emotions and low on reasoning were calling it a “judicial murder”. Ah the irony — a citizen of their own country was in fact “judicially murdered” and proved as such by our dark history. Yet he is still dogged, to this day, and made the punching bag for this sorry episode. The great lawyers of our great nation want the government to raise the issue of Mr Molla’s hanging at the International Court of Justice (ICJ). Our politicos went a step ahead and passed a resolution in the National Assembly condemning the aforementioned event. Some right-wing mouthpieces also awarded Mr Molla the title of Shaheed-e-Pakistan (martyr of Pakistan). The equally deranged Imran Khan declared Mr Molla innocent. The man is multi-talented and can definitely play a firebrand attorney too. I believe when all the hue and cry was being raised on the floor of the National Assembly of the Islamic Republic of Pakistan, the people’s representatives perhaps overlooked their own foreign office’s statement. Needless to say, this was direct involvement in a sovereign state’s internal affairs. The proponents of such an ill-intended move were desperately trying to find a relationship between Mr Molla and Pakistan.


Let us put some reason into these arguments, shall we? Mr Molla was a Bangladeshi citizen — had he loved Pakistan so much, he would have renounced his citizenship and migrated to the Islamic citadel, after the creation of the so-called Indian-sponsored Bangladesh. Nor did Mr Molla leave a final message for Imran Khan, the ‘rebellious’ Javed Hashmi or their Jamaati cohorts of Pakistan, citing his patriotic fervour for the Islamic Republic.

Next, where were our patriots when Mr Molla needed them the most? At the beginning of this year, when he was convicted, why did the boiling politicos, the so prudent lawyers and the Jamaati leadership of Pakistan not reach out to the ICJ at that juncture? So, once it is said and done, all and sundry wag their tongues to demonstrate their hollow worth, much like the poster child for their hue and cry, Dr Afia Siddiqui, who is languishing in a prison over here. All these right-wingers beat her piñata to death but I very humbly request all of these, including Mr Khan and his cohorts, to set the record straight in both Brother Molla and Sister Afia’s cases, for the sake of our unblemished history. Gather enough evidence and challenge their convictions; after all it is a matter of our ‘honour’. 


Speaking of a leg to stand on, let me say that Mr Khan and his Jamaat-e-Islami (JI) of the Islamic Republic’s cohorts do not even have that. If you look at the resolution, it is advising the sovereign state of Bangladesh to not reopen wounds that are 42-years-old. I humbly ask, why not? Does the act of rape or murder get downgraded or less heinous with the passage of time? Let the criminals be punished on both sides. You bring your evidence against the Mukti Bahini and let them present the evidence against al Shams, al Badar and the soldiers involved. If that is unacceptable, then please have the courage to face those people and seek forgiveness and apologies. Yes, it cuts both ways but it is rather silly of me to hope for any such possibility. Please do not get me started on the enlightened generation of 42 years or younger, or the ones who are much older, with their blinders on. Some are regretfully so ignorant about the real history of the land that they claim to love so much and some deliberately obfuscate to avoid any blame at any cost. The sheer arrogance in the demeanour of our folk is downright revolting and repulsive. Looking at these people vent on the idiot box, social media and on the floor of the National Assembly, one can easily sum everything up in this sentence: “Zinda hai Yahya, Zinda hai” (Yahya is alive, he is alive).

First published in the Daily Times, Pakistan on December 21, 2013


D Asghar is a Pakistani-American mortgage banker. He blogs at dasghar.blogspot.com and can be reached at dasghar@aol.com. He tweets at dasghar