Voices in Limbo: The Unheard Desperation of Rohingya Refugees in India

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Oct 27, 2023 - 13:14

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Voices in Limbo: The Unheard Desperation of Rohingya Refugees in India

Rohingya issue India refuses to be part of global declaration against Myanmar, by The Daily Star, via Flickr, 2017

12-10-2023

Alexandra Posta

East and South Asia Human Rights Researcher

Global Human Rights Defence

In the aftermath of a Rohingya infant's tragic death, FairPlanet has unveiled a distressing narrative of repression faced by Rohingya refugees in India, exposing a broader pattern of persecution within this marginalized community.

As reported, Mohammed Rafiq's brother, Ibrahim, and family, fleeing ethnic violence in Myanmar, faced an intensified crackdown by Indian authorities in March 2021 (Fair Planet, 11 October 2023). The Rohingya, labeled the "most persecuted minority in the world" by the UN, are subjected to detainment and denial of essential services (National Geographic, 9 April 2019; UN, 5 December 2017; Fair Planet, 11 October 2023). Despite possessing UNHCR-issued IDs, designed to provide protection, Rohingyas in India are denied access to education, healthcare, and employment opportunities offered by the Indian government.

This crackdown, part of a broader escalating tension since 2016, was triggered by concerns raised by India's ruling BJP about the 'growing population' of Muslim Rohingyas. In 2017, right-wing Hindu groups launched campaigns to expel Rohingyas, and a BJP member petitioned the Jammu and Kashmir High Court seeking 'identification and deportation' of Rohingya refugees.

Approximately 7,000 Rohingya refugees, including 144 women and children, are held in a Jammu holding facility in Kashmir, facing an uncertain future. Communication between detainees and their families has been severed. In turn, these barriers since June have heightened their isolation, fueling fears of deportation back to Myanmar (Fair Planet, 11 October 2023).

India's treatment of Rohingya refugees raises profound human rights concerns, starkly violating international standards. The denial of access to education, healthcare, and employment, coupled with arbitrary detention, contravenes fundamental human rights enshrined in the Universal Declaration of Human Rights (UDHR) and other international conventions.

Article 9 (UDHR): The arbitrary detention of Rohingya individuals, including children, violates the right to liberty and security of person as stipulated in Article 9 of the UDHR. This fundamental right is essential to safeguard individuals from unjust imprisonment and underscores the importance of due process.

Article 14 (UDHR): India's denial of educational opportunities to Rohingya children infringes upon Article 14 of the UDHR, emphasizing the right to seek education without discrimination. Depriving children of education perpetuates cycles of poverty and further marginalizes this vulnerable community.

Article 25 (UDHR): The denial of healthcare services to Rohingya refugees in India contradicts Article 25 of the UDHR, recognizing the right to a standard of living adequate for health and well-being. Access to healthcare is a fundamental human right that should be guaranteed without discrimination.

Article 1 (CAT): The mistreatment of Rohingya refugees, including the use of tear gas and baton charges, constitutes a breach of Article 1 of the UN Convention Against Torture, which prohibits acts of torture and cruel, inhuman, or degrading treatment or punishment.

The tragic death of five-month-old Umul Habiba at the Hiranagar Holding Center serves as a poignant illustration of the dire circumstances faced by Rohingya refugees. Refugees International rightly asserts that India's treatment of Rohingya refugees falls short of its obligations, advocating for legal residence, education, livelihood opportunities, and exit visas.

In pursuit of justice, legal efforts, spearheaded by advocates such as Fazal Abdali, underscore the urgent need for alternatives to indefinite detention. These practices not only defy international obligations but also violate India's own Constitution. The international community must urgently address the plight of Rohingya refugees, advocating for the adherence to legal and human rights standards. The tragic loss of Umul Habiba necessitates a critical reevaluation of India's policies to ensure a more compassionate and just treatment of this vulnerable community.

SOURCES

National Geographic. (9 April 2019). The Rohingya People. Available at https://www.nationalgeographic.co.uk/2019/02/the-rohingya-people#:~:text=Myanmar%20is%20a%20majority%2DBuddhist,world%E2%80%9D%20by%20the%20United%20Nations..