With hundreds of Myanmarese having crossed the border to seek refuge after heavy fighting between rebels and the junta, India on November 16 said that it was “deeply concerned” and wanted a cessation of the violence through “constructive dialogue”. In the last couple of days, intense fighting has taken place near the border with India, with some reports stating that more than 5,000 refugees have escaped across the border.
The Ministry of External Affairs (MEA) acknowledged that the fighting has led to an exodus of civilians across the border. “As a result of fighting between Rikhawadar area opposite Zokhawthar area in [the] India-Myanmar border in Mizoram, in the Chin state of Myanmar, there has been a movement of Myanmar nationals to the Indian side,” MEA spokesperson Arindam Bagchi said. He asserted that India was worried about the fighting and would like an end to it. “We are deeply concerned with such incidents close to our border. Our position on the ongoing situation in Myanmar is very clear. We want cessation of the violence and resolution of the situation through constructive dialogue,” stated Bagchi. He added that authorities in the Indian states “have been handling the situation appropriately on humanitarian grounds”.
He reiterated that India has called for the “return of peace, stability, and democracy in Myanmar” and that Myanmar citizens had taken refuge since the start of the current conflict in 2021. He did not, however, specifically address the issue of Myanmar soldiers entering Mizoram after their military camp was taken over by rebels.
According to news agencies, over 70 Myanmar soldiers had fled into India with their arms, which were then handed over by local police to Indian defence authorities. Bagchi also stated that India was facilitating the return of those who wished to go back to Myanmar. According to Reuters, most of the 5,000 refugees have returned home as the fighting has calmed down. The Chin rebel forces have reportedly taken control of the Zokhawthar border crossing with India. The fighting is being described as the biggest challenge faced by the junta, which overthrew the democratic government in Myanmar in February 2021.
Earlier, junta spokesperson Zaw Min Tun said that the military was contending with “heavy assaults from a significant number of armed rebel soldiers” in Shan state in the northeast, Kayah state in the east and Rakhine state in the west. In this light, the questions need to be answered about the history of the coup from 2021, the principle of non-refoulement; and the possible way forward.
In 2021, when Aung San Suu Kyi was about to assume office in Myanmar, on February 1, the Myanmar military — also called The Tatmadaw —staged a coup d’état by detaining the leaders of the ruling National League for Democracy (NLD), including Aung San Suu Kyi and President U Win Myint. It was only in 2010 that Myanmar’s reputation at the international level began to recover when Aung San Suu Kyi was released from house arrest and the NLD was allowed to contest elections. As a result, the sanctions imposed on Myanmar were eased and trading relations were re-established by countries around the world.
However, with this coup, large-scale displacement has taken place as a result of which the Myanmar citizens have crossed into Mizoram, including the military personnel of Myanmar, due to their ongoing tussle with the ethnic rebels which has pushed the debate surrounding the principle of non-refoulement and India’s responsibility regarding the same. This principle states that states cannot compel individuals to return to the country where there is a fear of persecution. This definition is set correctly by the International Convention of Refugees 1951, and since then, many countries have adopted this principle either in regional treaties or in domestic legislation. In the last few years as the number of conflicts has increased, the need for application of the principle felt more even before.
The principle is a right given to refugees, to protect them from forceful eviction from the territory in which they have taken refuge. The people flee their country when they face threats to their life, property, and culture from any state, community, or race. Unless these persecuted people cross the border, they are not refugees. But only if they cross the border and take shelter in the other country, they are entitled to avail of the right of refoulement. This positive right protects them from killing or any kind of physical or property harm existing in the country of origin. This right of non-refoulement applies against the host country as well as to military or civilians.
Going forward, the first step to resolve the dispute may be to acknowledge that the existence of the Rohingyas in Myanmar is a historical fact and their status as an ethnic minority needs to be restored, and their political and social protections shall be ensured in Myanmar. Finally, a regional effort may also be effective along with a well-developed national framework.
Abhinav Mehrotra is Assistant Professor and Dr Biswanath Gupta is Associate Professor at OP Jindal Global University. Views expressed in the above piece are personal and solely that of the author. They do not necessarily reflect News18’s views.
Comments
0 comment