communitarianism ⌠sees peopleâs identities and value as intrinsically linked to their political community, political justice therefore rooted in and confined to that specific community, and liberalism, which recognizes universal human rights, and sees our political responsibilities extending beyond our narrow ethnic or political group to all human beings.
How to respond to the violence refugees experience clearly is grounded in these two conceptions of political responsibility and their associated moral presuppositions. Hence, what is deemed feasibly efficacious political intervention is unclear and, more often than not, relative to the context of the philosophical ground appropriated. Yet, the reality is that whatever the political concepts, the refugee finds himself and herself in a no-manâs land of continuing uncertainty that no citizen ever appreciates fully â especially given the refugeesâ manifestations in the faces of desperate women, children, and the elderly. We can be instructed in this situation by political scientist Michael Dillon, who argued before the turn of the century that:
- ⢠The refugee is a scandal for philosophy in that the refugee recalls the radical instability of meaning and the incalculability of the human.
- ⢠The refugee is a scandal for politics also, however, in that the advent of the refugee is always a reproach to the formation of the political order or subjectivity which necessarily gives rise to the refugee.
- ⢠The scandal is intensified for any politics of identity which presupposes that the goal of politics is the realization of sovereign identity.
(Dillon, 1998)
Dillon offers here three propositions troubling for moral philosophers, political scientists, and policy makers who have to consider the practical options that sovereign states face when confronted with a refugee crisis. This is so for contemporary Myanmar, evident in the plight of the self-identifying Rohingya people, over 1 million of whom have fled their former âhomeâ in the northern Rakhine state in the west of Myanmar in 1978, 1991, 1992, 2012, 2017â2018, and continuing into early 2019, only to suffer as stateless refugees in the neighboring country of Bangladesh and elsewhere in South Asia despite international calls for repatriation and guarantees of security of person and property.1 There is no doubt that the Rohingya are refugees according to the definition given in the UN Convention Relating to the Status of Refugees, that is, âsomeone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinionâ (UNHCR, 2010). There is no doubt, further, that they are a stigmatized people within Myanmar. As such, it is important to remember that â[a]lthough stigma is conceptualized as a personal mark or attribute ⌠it is a social product, the fruit of structural conditions and power relationships established in societiesâ (UNHCR, 2010)2 â which is the case for Rohingya both internal and external to Myanmarâs Rakhine state, the locus of ongoing ethnic hostilities. The fact is that the structural conditions and power relationships related to ethnic identity and citizenship in Myanmar produce the stigmatization that officially excludes this ethnic group from the basic rights and fundamental freedoms of recognized citizens. From the perspective of refugee rights, it is troubling that the stigma is inevitably exported as host countries likewise remain unclear as to the moral legitimacy of the Rohingya ethnic identity. Such governmental doubt thereby adds unwittingly to sustained discrimination and diminution of their human dignity and the respect for persons the Rohingya should enjoy irrespective of the âimaginary geographyâ3 of historically inconstant nation-state borders in South Asia. For the Burmese Buddhist majority, the Rohingya are âBengalisâ, whereas for the Bangladesh government the Rohingya are âMyanmar nationalsâ, although international law protects refugees from being rendered stateless whether by the country of origin or the host country. The Rohingya are in this case in a particularly ambiguous and precarious situation of loss of political, civil, social, economic, and cultural rights that the international community recognizes as inviolable fundamental human rights (i.e., in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights).
According to estimates, more than 3,000 hectares of land in southeast Bangladesh (Coxâs Bazar) have been converted to temporary shelter and emergency humanitarian modalities for more than 900,000 refugees, creating environmental, disaster preparedness, and management problems for the Bangladesh government and international aid agencies. As of March 2019, some 1.3 million people were targeted for health assistance, including large-scale vaccinations and disease surveillance, with varicella and acute watery diarrhea prominent morbidity concerns.4 Of major import in this population displacement is the prospect of the spread of drug-resistant malaria, consequential for both the refugees and the Bangladeshi population in general (ICDDRB, 2018). Such is the pressing humanitarian concern for the Rohingya currently in Bangladesh, consistent with expectations deriving from liberal and universalist principles. But, there is also the linked moral obligation to âfuture generationsâ of present refugees, including those born in the camps who may be castigated and refused nationality and citizenship. The Rohingya have no realistic sense of homeland past, present, or future so long as the Government of Myanmar sustains its communitarian perspective, interpreted as being responsive to its own national duty and loyalty to Burmaâs traditional Buddhist majority. As in other cases of refugee flight, the Rohingya can all too easily become another group of âforgotten refugeesâ on the world stage of global migration (one need recall here only the long-standing dispute between Morocco and the Polisario Front over the status of the Western Sahara and the right of the Saharawi people to national liberation) (UNESCO, 2017; Swazo, 2007).
The Third Committee (Social, Humanitarian, and Cultural) of the UN General Assembly, acting on November 16, 2018, approved a draft resolution introduced by Turkey on behalf of the Organization of Islamic Cooperation (OIC) condemning all rights violations in Myanmar and expressing concern for âthe gravest crimes under international lawâ (UNGA, 2018).5 More recently, at its meeting in Abu Dhabi, the OIC adopted a resolution championed by Gambia to involve the International Court of Justice in arbitrating the dispute with a view to settling the question of the legal rights of the Rohingya (OIC Okays Legal Action Against Myanmar, 2019).6 Rejecting the resolution of November 2018 as âone-sided, biased, and hopelessly unconstructiveâ, the Government of Myanmar decried the lack of attention to âthe threat of terrorismâ with the dubious claim that the Arakan Rohingya Salvation Army (ARSA) is linked to ISIL/Daâesh (the Islamic State of Iraq and Syria). The representative of Bangladesh spoke to the need for Myanmar to guarantee âa pathway to citizenship and land ownershipâ for the Rohingya. Yet, the fact is that the history of refugees does not bode well for secure repatriation, which poses an ethical dilemma for host countries and international governmental and non-governmental organizations (NGOs), as Mollie Gerver has reported (Gerver, 2018a; 2018b).7
The Government of Myanmar seeks to justify its security operations as a âcounterinsurgencyâ action, although international observers dispute this to be a mere rationalization for persecution (âby law, by practice, and by policyâ) that amounts to ethnic cleansing and genocide (Berkley Forum, 2017).8 In a statement issued on May 15, 2018, from the Presidentâs Office of the Government of Myanmar, Myanmarâs UN ambassador was cited for remarks made at the UN Security Council briefing held on May 14, 2018 (Presidentâs Office, 2018). In that statement, Ambassador Hau Do Suan summarized the governmentâs position on the Myanmar issue. He stated that âno violations of human rights will be condonedâ but that the government requires any and all allegations to be âsupported by evidenceâ in contrast to narratives (to warrant investigation and lawful remedy) and supports a âsafe, dignified and voluntary return of the displaced personsâ, including repatriation âto their villagesâ in Rakhine state. But, he added, this must be âin accordance with the bilateral agreementsâ concluded with Bangladesh that assure proper verification procedures (including appropriate government forms, signatures, fingerprints, photographs, and assurance of consent to return, thus documentation to assure they were previously resident in Rakhine state). The mounting evidence, however, is that whatever repatriation is to occur will not be to former villages in Rakhine but instead to Rohingya âcampsâ segregated from Buddhist nationals, with many Buddhists being allowed relocation to Rakhine state to prevent the return of the Rohingya to their village homes, and that mitigates against any militant Rohingya intention to seek political autonomy in Rakhine (McPherson, Lewis, Aung, Naing, & Siddiqui, 2018).
The ambassador also claimed, âThe root cause of the latest crisis and the brutal killings and atrocity committed by the terrorists on innocent ethnic Hindu, Rakhine Buddhists and other minority tribes had been ignored by the western mediaâ in favor of âincessant sensational argument of Muslim victimhood narrativesâ. Hence, the Government of Myanmar expects that Islamic terrorists âmust also be held accountable for atrocities committed against civilian population in Rakhineâ. At the same time, government authorities have expressed their motivations, for example, Myanmarâs Minister for Religious Affairs and Culture, Thura Aung Ko, expressing fear of a demographic transition as the Muslim birth rate exceeds that of the current Buddhist majority and thereby threatens the Buddhist-centric political culture of the country (Sumon, 2018).
Accordingly, in his statement of October 24, 2018, before the UN Security Council, Ambassador Suan reiterated that Myanmar âcategorically rejects inference of âgenocidal intentâ on the legitimate counter terrorist actions by the security forces in Rakhineâ, especially inasmuch as the allegation of such intent âis made on unverified circumstantial evidences which [have] no sound legal proofâ (Government of Myanmar, 2018). As part of the governmentâs efforts to respond to counterinsurgency, approximately 240,000 Rohingya remain in Rakhine with their movement restricted by military/security forces with some 130,000 located in government âcampsâ set up in 2012 (Wright & Rivers, 2018). The Rohingya situation is also being com...