Critical case of Rohingya people

Source- The Hindu

Syllabus- GS 2- India and its neighbourhood relations.

Synopsis – By deporting Rohingya people to Myanmar, India is violating international law.

Introduction-

• The Southeast Asian country, Myanmar, has been in turmoil since the army seized power and detained elected leader Aung San Suu Kyi, alleging fraud in a November election her party had won in a landslide.
• After that people of Myanmar stood up against the military in which many protestors have been killed OR detained.
• The increasingly brutal repression by Myanmar military, following the coup, puts any Rohingya returnees in grave danger.

What is India’s response towards Rohingya People?

• • Deporting Rohingya refugees – The Indian government detained several Rohingya refugees and plans to deport them to Myanmar.

• • The Ministry of Home Affairs recently released a directive to Border States to avoid the illegal migration from Myanmar to India.

• • The Rohingya people are not considered refugees in India- According to the government, Since India is not a signatory to the UN Convention on Refugees and the Rohingya’s refugee status granted by the UN High Commissioner for Refugees (UNHCR) had no bearing on their deportation.

• • • • The Indian government’s acts are in violation of the international legal norm of non-refoulement, which states that no one should be compelled to return to his or her home country from a host country “where they would face abuse, cruel, inhuman or degrading treatment or punishment, or other irreparable damage.

• • • • Despite the fact that India is not a signatory party to the Convention, non-refoulement is regarded as a principle of customary international law, and India remains bound by it.

What is Independent Investigative Mechanism for Myanmar [IIMM]?

IIMM or Myanmar Mechanism was established by the Human Rights Council in September 2018 through resolution 39/2. IIMM is mandated-

• • • To investigate – Collect evidence of the most serious international crimes and breaches of international law
    • Build case files– To prepare files for criminal prosecution, using information provided by the International Fact-Finding Mission on Myanmar (FFMM).

The IIMM made an open call to security forces to reach out and provide information about illegal orders to build cases against those higher up the chain of command.

Other nation’s response toward Rohingya People-

The International legal proceedings ongoing in relation to the Rohingya – In November 2019, the Gambia filed an application before the International Court of Justice (ICJ) against Myanmar. In its application, the Gambia alleged that Myanmar has engaged in acts that violate Genocide Convention.

• • • Canada, the Netherlands, and Maldives have recently joined the case.

This progress indicates that the international community is paying attention and is ready and willing to take action.