INDIA'S ROHINGYA REFUGEE CHILDREN ARE NOT CRIMINALS

1. Who are Rohingyas?

• The Rohingya are an ethnic minority group primarily residing in the western state of Rakhine in Myanmar (Burma).
• They are predominantly Muslim and have faced longstanding discrimination and persecution, both historically and in recent times.
• The Rohingya people consider themselves an indigenous ethnic group with their own distinct culture, language, and history.
• However, the Myanmar government has historically denied them citizenship and considers them illegal immigrants from neighbouring Bangladesh, despite the Rohingya's presence in the region for generations.

2. The plight of Rohingya Refugees

• A tragic incident in Jammu highlights the dire circumstances faced by Rohingya refugees, a group among the most persecuted globally.
• In a holding centre, intended for refugees, a tear gas incident led to the death of a five-month-old infant.
• The situation prompts questions on their treatment, confinement in prison-like facilities, and the restriction of their movement. Most alarmingly, children are being held as prisoners in detention centres.

3. Vulnerable Refugee Population

• The Rohingya, fleeing Myanmar's genocidal attacks, have sought refuge in various countries, including India.
• Over 20,000 Rohingya refugees are in India, with some confined to detention centres. This particular incident occurred in a centre housing more than 250 Rohingya refugees, including women and children. These individuals are not criminals but refugees seeking safety.

4. Lack of Domestic Refugee Law

• India's lack of a domestic law or consistent policy on refugees and asylum seekers enables unaccountable actions by authorities.
• The absence of ratification of the 1951 Refugee Convention and 1967 Protocol leaves refugees vulnerable.
• Refugees, including those with UNHCR recognition, are treated as illegal immigrants under the Foreigners Act, of 1946. This allows for arbitrary detention, imprisonment, and even deportation.

5. Violation of Rights

• Children's rights are being gravely violated. Article 6 of the UN Convention on the Rights of the Child emphasizes the right to life, survival, and development.
• India ratified this convention, making the detention of children an absolute violation. The Indian Constitution guarantees the right to life and personal liberty to all individuals, citizens, and foreigners alike.

6. Urgent Measures Needed

• To prevent further tragedies and uphold the rights of Rohingya refugee children, immediate actions are crucial.
• All children and their primary caregivers must be released from detention. Existing government guidelines on refugee detention must be followed, ensuring release within six months and subject to conditions like good behaviour.
• Collaboration between the National Human Rights Commission of India and the Office of the United Nations High Commissioner for Human Rights is vital to appoint an ombudsman tasked with investigating refugee detention centres.

7. Conclusion

The tragic incident underscores the urgent need for a comprehensive refugee policy in India, aligned with international standards and principles. Protection, not detention, should be the focus, and the rights and dignity of refugees, especially children, should be safeguarded. It's imperative for India to demonstrate its commitment to human rights by treating refugees with compassion, recognizing their vulnerability, and providing them with the necessary support to rebuild their lives.