Remembering Rohingya Muslims without Protection in India
April 6th, 2021
To;
Honourable Filippo Grandi
Honourable Bob Rae
Michelle Bachelet Jeria
We write to you today as a global human rights coalition to express our deepest concern for the lives of nearly 150 Rohingya refugees in Jammu, who are reportedly being deported to Burma, following the Indian Supreme Court's inhumane ruling that is in total violation of UN Conventions and international customary laws on non-refoulement.
As Canadians, when our Federal Government first recognized the Rohingya genocide and pledged hundreds of millions in humanitarian aid, we applauded the decision. We looked forward to a life of progress, increased agency and heightened capacities for Rohingya Muslims. Because this community faces continued displacement due to Burma’s internal conflict, over 40,000 Rohingya refugees have found themselves in India.
This is highly distressing for a few critical reasons.
India is not party to the Refugee Convention (1951). Rohingya refugees are often grouped in a class of illegal immigrants known to face deportation under the Foreigners Act (1956) and Foreigners Order (1948). Secondly, India’s Citizenship Amendment Act (CAA, 2019) provides a pathway to citizenship for select persecuted religious minorities from neighbouring nations, but excludes the same protection for Muslim asylum seekers – ironically leaving out the most persecuted religious minority, being the Rohingya, from citizenship eligibility.
Since Rohingyas began fleeing genocide in Burma, India has not advanced humanitarian solutions for Rohingya Muslim refugees. In fact, their government has been deporting Rohingya to Myanmar, contrary to the non-refoulement principle under international customary law. At least 6,523 Rohingya refugees are currently facing precarious living conditions in Jammu (Kashmir).
150 of them are illegally detained and jailed in a Jammu sub-jail (now converted to a holding centre). Developments around this concerning event reveal how these detained Rohingyas now face deportation to Burma, where they are met with severe threats to the well-being of themselves, their families and loved ones, especially considering the twin disasters of the pandemic and the military coup in Burma.
On behalf of the voiceless and effectively stateless Rohingya, we ardently urge UNHCR and UN members to carry out swift diplomatic action;
Under international law, we hope this request will lead the UN and our Federal Government to take concrete actions against India’s threats to asylum seekers, ensuring their fundamental human rights are met.
Thank you for your consideration of this pressing matter.
Signed;
Arakan Institute for Peace and Development
Arakan Rohingya National Organisation (ARNO)
Burma Task Force
Burmese Rohingya Organisation UK (BROUK)
Canadian Burma Ethnic Nationalities Organization (CBENO)
Canadian Burmese Rohingya Organization (CBRO)
Canadian Rohingya Development Initiative (CRDI)
Free Rohingya Coalition (FRC)
Justice For All Canada
Rohingya Human Rights Network Canada
Rohingya Times (RT)
Rohingya Women Development Network
Rohingya Women's Welfare Society (RWWS)
Shwe Maung (Rohingya Politician and former Member of Parliament)
The European Rohingya Council (ERC)
The Rohingya Culture Center Chicago (RCC Chicago)
To;
Honourable Filippo Grandi
Honourable Bob Rae
Michelle Bachelet Jeria
We write to you today as a global human rights coalition to express our deepest concern for the lives of nearly 150 Rohingya refugees in Jammu, who are reportedly being deported to Burma, following the Indian Supreme Court's inhumane ruling that is in total violation of UN Conventions and international customary laws on non-refoulement.
As Canadians, when our Federal Government first recognized the Rohingya genocide and pledged hundreds of millions in humanitarian aid, we applauded the decision. We looked forward to a life of progress, increased agency and heightened capacities for Rohingya Muslims. Because this community faces continued displacement due to Burma’s internal conflict, over 40,000 Rohingya refugees have found themselves in India.
This is highly distressing for a few critical reasons.
India is not party to the Refugee Convention (1951). Rohingya refugees are often grouped in a class of illegal immigrants known to face deportation under the Foreigners Act (1956) and Foreigners Order (1948). Secondly, India’s Citizenship Amendment Act (CAA, 2019) provides a pathway to citizenship for select persecuted religious minorities from neighbouring nations, but excludes the same protection for Muslim asylum seekers – ironically leaving out the most persecuted religious minority, being the Rohingya, from citizenship eligibility.
Since Rohingyas began fleeing genocide in Burma, India has not advanced humanitarian solutions for Rohingya Muslim refugees. In fact, their government has been deporting Rohingya to Myanmar, contrary to the non-refoulement principle under international customary law. At least 6,523 Rohingya refugees are currently facing precarious living conditions in Jammu (Kashmir).
150 of them are illegally detained and jailed in a Jammu sub-jail (now converted to a holding centre). Developments around this concerning event reveal how these detained Rohingyas now face deportation to Burma, where they are met with severe threats to the well-being of themselves, their families and loved ones, especially considering the twin disasters of the pandemic and the military coup in Burma.
On behalf of the voiceless and effectively stateless Rohingya, we ardently urge UNHCR and UN members to carry out swift diplomatic action;
- Immediately release detained Rohingya refugees, and direct India’s Union Territory governments and Minister of Home Affairs to grant refugee identification cards through the FRRO
- Request India’s Supreme Court to refrain from implementing deportation orders upon detained Rohingya refugees, and commit to granting them refugee cards
- Swift, determined intervention by the UNHCR to protect the needs of Rohingya refugees not just in the holding centre, but within Jammu, and in camps across India
Under international law, we hope this request will lead the UN and our Federal Government to take concrete actions against India’s threats to asylum seekers, ensuring their fundamental human rights are met.
Thank you for your consideration of this pressing matter.
Signed;
Arakan Institute for Peace and Development
Arakan Rohingya National Organisation (ARNO)
Burma Task Force
Burmese Rohingya Organisation UK (BROUK)
Canadian Burma Ethnic Nationalities Organization (CBENO)
Canadian Burmese Rohingya Organization (CBRO)
Canadian Rohingya Development Initiative (CRDI)
Free Rohingya Coalition (FRC)
Justice For All Canada
Rohingya Human Rights Network Canada
Rohingya Times (RT)
Rohingya Women Development Network
Rohingya Women's Welfare Society (RWWS)
Shwe Maung (Rohingya Politician and former Member of Parliament)
The European Rohingya Council (ERC)
The Rohingya Culture Center Chicago (RCC Chicago)