Rohingya Communities

Jonathan Ashworth Excerpts

Tuesday 11th September 2012 Westminster Hall

[Jonathan Ashworth (Leicester South) (Lab)]

It is a privilege to open this debate and to serve under your chairmanship, Mr Williams.

This is an issue of human rights, justice and desperate humanitarian need, to which we must respond. It is also one that has caused considerable concern to many of my constituents in Leicester South in recent weeks. Indeed, we had a public meeting there on this issue just last Friday evening. I was pleased that there were representatives from all the major faiths in Leicester—Christian, Hindu, Sikh and Muslim—which brings home the fact that this is a matter of human rights. While I have the opportunity, I want to thank Leicester’s Federation of Muslim Organisations and the Leicester Sikh Alliance, which have been doing a lot of work on this matter.

May I put on the record my gratitude for the opportunity to debate this matter in Parliament? Fairly or unfairly, there has been a perception—certainly, it was strongly expressed to me on Friday night in my constituency—that this humanitarian catastrophe has so far not received the attention that it deserves and that it has not received the exposure in the media that it demands. I commend the media outlets that have focused on it, particularly Channel 4, which produced a very moving report during the summer. I acknowledge and pay tribute to all the hon. Members here who have worked hard to raise awareness of the issue, particularly my right hon. Friend the Member for Tooting (Sadiq Khan) and my hon. Friend the Member for Bethnal Green and Bow (Rushanara Ali), as well as the hon. Member for Bradford East (Mr Ward). However, there is a perception that the issue is not being talked about enough.

I acknowledge the statement made during the summer by the Foreign Secretary:

“The UK remains committed to the people of Burma, and has never wavered in its calls for the granting of full human rights to all of its people, including the Rohingya.”

Notwithstanding that statement, I have to say that there is a perception that not enough is being done. I warmly welcome the Minister to his new posting in the Foreign Office, but I hope that this debate will afford him a chance to outline in detail the Government’s stance, taken in the strongest possible terms. I am sure that we are all looking forward to his response.

As the UN has stated, the Rohingya people are among the most persecuted on earth. They are a people who are denied citizenship and whose human rights have been abused. I am sure that hon. Members are familiar with the events during the summer, but I shall run through them quickly. This summer, deeply ugly sectarian violence broke out between the Buddhist Rakhine community and the Muslim Rohingya people. The trigger for the violence was the allegation in late May that three Muslim men had raped and killed a Buddhist woman. A provocative pamphlet, reporting the crime, was soon produced and circulated, and on 3 June a large mob attacked a bus and killed 10 Muslim passengers. Reports suggest that the local police stood by and watched the killing take place without intervening.

In a few days, deep religious hatred that had been simmering for decades erupted. Social media spread anti-Muslim propaganda and stoked the tensions, and further horrific sectarian violence and rioting quickly unfolded. According to various reports, mobs—from both communities—armed with swords, sticks, knives and iron rods, stormed villages on a spree of killing, burning homes and shops and desecrating places of worship. It is difficult to get an entirely accurate picture, because of the restrictions, but some estimates have suggested that hundreds have been killed and that 100,000 people have been displaced.

I want to make it entirely clear that we condemn the violence on both sides and against both communities—it is clear that the security forces have failed to provide security to both the sides in the conflict—but, overall, it seems that the Rohingya people have been the main victims. Almost all the Rohingya people in Sittwe were driven out of their homes as mobs burned down 10,000 houses, and as Human Rights Watch has reported, the police and other paramilitary forces opened fire on them with live ammunition as they tried to put out the flames and save their homes.

Reports suggest that, in the north of the state, security services have also been directly engaged in violence towards the Rohingya, with allegations of mass killings, mass arrests and looting. Days after the violence started, security forces targeting predominantly Muslim areas arrested many Rohingya men and boys who have not been heard of since.

The tensions were exacerbated by the suggestion, made by the President of Burma at the height of the crisis, about handing over the Rohingya community to the UN High Commissioner for Refugees until they could be settled in some third country. In response, the UN has called for an independent inquiry into the violence. Sadly, the Burmese Government have ignored such calls, but it would be churlish not at least to welcome the commission that they have set up to investigate the violence. However, for that commission to command international confidence, it must, as my right hon. Friend the Member for Tooting has recently argued, have some UN or independent involvement and treat the Rohingya community fairly throughout its investigation. For example, there are already concerns that no one on the inquiry represents the Rohingya community.

More broadly, the Burmese Government must commit themselves to prosecuting those who are found guilty of horrific violence. Of course, the displaced Rohingya community must be allowed back into their homes, without fear of reprisals, and given the necessary support to rebuild their lives. Will the Minister outline what representations the FCO has made on those points?

As I said earlier, estimates suggest that up 100,000 people have been displaced, with many of those who fled the violence ending up in makeshift camps, where many of them do not have adequate shelter. It is estimated that 30,000 people are without access to clean drinking water and that the majority are without access to latrines.

[Stephen Timms (East Ham) (Lab)]

I am very pleased that my hon. Friend has secured this debate. Has he heard, as I have, that one problem is that those who have fled from their home areas have not been able to cross into Bangladesh, which has made their position worse than it might have been had such an escape been possible?

[Jonathan Ashworth]

My right hon. Friend quite rightly makes an incredibly important point, and I hope to touch on that later. I also hope that the Minister will say something about Bangladesh and its response to this crisis.

Malnutrition in the camps is a particular concern, with very high levels of severe acute malnutrition among children, especially those from the Rohingya community. It is clear that there is a desperate need for humanitarian assistance for both the Rohingya community and, indeed, the Rakhine community in the camps. However, the response has been hampered by restrictions on access, by threats and intimidation and by the arrest of some UN and aid agency staff. I would therefore be grateful to the Minister if he made a commitment to increase the diplomatic pressure on the Burmese regime to enable full humanitarian access to all the people of Rakhine, including the Rohingya community.

[Richard Fuller (Bedford) (Con)]

May I add my thanks to the hon. Gentleman for securing this debate? Some of my constituents in Bedford will be pleased that parliamentarians are debating this issue.

The hon. Gentleman rightly draws our attention to the difference between the British Government’s representations and their requirements. As we are all encouraging Burma to move towards democracy, will he comment on—perhaps he is coming on to this—what the real requirements are for us as a Parliament and for the British Government in relation to putting to the Burmese Government what must be done for the Rohingya community if Burma is to achieve its full status in the democratic family of nations?

[Jonathan Ashworth]

I am grateful to the hon. Gentleman for how he put his question. I hope to touch on such issues in my speech, but this debate is a chance for the UK Government to take a stance in the strongest possible terms. I hope that they will continue to make representations, but I am also keen to hear from the Minister how much further they can go.

I would be grateful, too, for an update from the Minister on the amount of aid funding that has been made available for such humanitarian assistance. Will he tell us whether the Government have any plans to increase the humanitarian aid in the future? I appreciate that he comes from the Foreign Office rather than the Department for International Development, but if he could perhaps spell out the Government’s thinking on that, I am sure that we would all be grateful.

On the point made by my right hon. Friend the Member for East Ham (Stephen Timms), many of the Rohingya have sought help in neighbouring Bangladesh, yet that country has refused to allow them to cross the border. There are heartbreaking stories of boats containing men, women and children arriving in Bangladesh being pushed back into sea during the rough monsoon rains. Human Rights Watch says that about 1,300 Rohingya refugees have been pushed back into the sea. There is no estimate yet of how many of them have lost their lives.

In Bangladesh, some 30,000 Rohingya refugees have already lived for two decades in two of the world’s most squalid camps, with estimates that a further 40,000 live in informal camps. Again, the conditions in those camps are characterised by overcrowding, widespread malnutrition, especially among children, and the lack of clean water and sanitation. Many say that the conditions are among the worst in any refugee camp in the world.

Sadly, humanitarian agencies’ access has been restricted, with some even being expelled for fear that they will act as magnets for further refugees. At the public meeting in Leicester on Friday night, an aid worker told me how he had raised money for aid and medical supplies for the region, but was forbidden from delivering them when he arrived at Cox’s Bazar and was told to return home. Again, this is another desperate humanitarian situation.

In replying, will the Minister update us on the latest discussions that the UK Government have had with Bangladesh? In particular, will he tell us what pressure the Government are exerting on the country to demand immediate access for the non-governmental organisations to provide assistance to Rohingya refugees? What discussions has he had had with Indonesia, Thailand and other countries in the region to ensure the protection of Rohingya refugees fleeing persecution?

At the heart of the conflict is the underlying issue of citizenship. The 1982 citizenship law recognises 135 national races in Burma, but excludes the Rohingya. Despite living in Burma for generations, the 800,000-strong Rohingya population’s right to citizenship was removed. The Burmese regime regularly describes the Rohingya as illegal immigrants and has forced travel restrictions on them. The Rohingya have been denied land and property rights and have even had marriage and reproduction restrictions imposed on them.

The horrific violence of the summer has brought the outrageous citizenship law into sharp focus. Surely now is the time for greater international pressure to be put on the Burmese Government to repeal that law and to replace it with a new settlement based on human rights, which recognises and respects the equal rights of all the Burmese people and is in accordance with international standards. In particular, a new settlement absolutely must comply with the universal declaration of human rights, which states:

“Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality”.

The Minister will be aware that 31 international NGOs have called for a repeal of the citizenship law. I hope that in his response he will condemn that discriminatory law and detail what pressure the Foreign Office, along with its international counterparts, is putting on the Burmese regime to repeal it.

There are clearly human rights abuses and a humanitarian crisis in the region. Many people feel, perhaps unfairly, that the UK Government could take a stronger public stance. The Minister should use this opportunity today to reassure those who feel that the issue has been neglected. I hope that he will confirm that the UK Government’s policy is to continue to press the Burmese regime for immediate, unhindered access for humanitarian organisations to all affected areas.

I hope, too, that the Minister will confirm that the UK Government will do all that they can to ensure that humanitarian aid is delivered to the displaced and to those whose homes and property have been destroyed, regardless of their ethnicity or religion. That should be done without discrimination and on the basis of need.

The Foreign Secretary confirmed to Parliament last week that he has discussed these matters with Aung San Suu Kyi and opposition leaders. Will the Minister confirm that the UK Government will continue to have those discussions, particularly given Aung San Suu Kyi’s new role as the chair of the rule of law, peace and stability committee?

Will the Minister tell us what stance the UK will take at the UN General Assembly? Will he commit to ensuring that the wording in any forthcoming annual UN Assembly resolution references the violations of international law, recommends repeal of the 1982 citizenship law and strongly condemns the sectarian violence? In the event of there being no moves to repeal the citizenship law, to allow humanitarian access and to end the abuses of human rights, what would be the Government’s attitude to the President of Burma’s invitation to visit the UK?

[Paul Flynn (Newport West) (Lab)]

I congratulate my hon. Friend on securing this debate. I am sure that the meeting that he had in Leicester is one that could be reproduced in cities throughout the United Kingdom. There is great anger and a sense of outrage in my Newport constituency about what is happening to the Rohingya people. Does he think that there will be any progress in influencing the Government in Malaysia, who have, as I understand it, taken in about 20,000 Rohingya people? The present regime in Burma is seeking more international approval than at any time in decades. Could we not use that opportunity to ensure that it introduces policies that are far more humane to their minorities?

[Jonathan Ashworth]

I am grateful to my hon. Friend for his comments about Leicester. While I have the opportunity, I should tell him that he has featured prominently in the Leicester Mercury recently because of his biography of the late David Taylor, which we are all looking forward to reading. On his substantive point on Malaysia, I entirely agree with him and hope that the Minister will pick it up in his response.

This year should have been one of hope for Burma. We all know that 2011 has seen a degree of transition from military regime to civilian Government. I have no doubt that we all welcome the small tentative steps that Burma is taking to democracy and that we were all thrilled at the release of Aung San Suu Kyi, so it would be deeply wrong of us not to commend Burma for the progress that has been made. Equally, however, we should be in no doubt that, for Burma to become truly democratic, it must celebrate the diversity of its people, and that must include the Rohingya.

--- Later in debate ---

[Kerry McCarthy (Bristol East) (Lab)]

It is a pleasure, as ever, to see you in the Chair, Mr Williams.

I congratulate my hon. Friend the Member for Leicester South (Jonathan Ashworth) on securing the debate. I, too, have been contacted by constituents who are concerned, particularly by what they saw on the Channel 4 programme about the plight of the Rohingya community. Everyone who has spoken today has done an excellent job in conveying to the Chamber some of the problems faced by the community and some of the human rights abuses being committed against it. I welcome the Minister to his new role. I suspect that we will be spending quite a lot of time in Westminster Hall together in such debates in the coming months.

I was fortunate to visit Burma in July, with the Westminster Foundation for Democracy, to see the progress that has undoubtedly been made by the regime, and to discuss the need for continuing reforms if Burma is to be a true democracy where political freedoms and human rights are respected, where the rule of law is firmly established, and where communities are not torn apart by conflict. It is important to note how far Burma has come in a very short space of time. There was a feeling of optimism from everyone I spoke to, particularly when I met Aung San Suu Kyi and other newly elected MPs who had won by-elections earlier this year. There is a sense that the genie is out of the bottle and that there will be no return to the former repression, but obviously there is a very long way to go and further progress to be made.

The problems faced by ethnic minority communities were a key issue we discussed. I think I am right in saying that approximately 43% of the population in Burma comes from a minority community. Conflicts in some states, such as Kachin, Karen and, of course, Rakhine, are a graphic reminder that there is still a long way to go in Burma.

I wish to give as much time as possible for the Minister’s winding-up speech so that other hon. Members have the chance to intervene, so I will not go through the problems faced by the Rohingya community again. As hon. Members have said, villages have been destroyed by fire, and we have heard about rapes and the brutal murders of children. The World Food Programme estimates that 90,000 people have been displaced by the violence. I think my hon. Friend the Member for Leicester South said that up to 100,000 had been displaced. There is clearly a humanitarian crisis and I hope the Minister will tell us what steps the Foreign and Commonwealth Office and the Department for International Development are taking to ensure that victims are receiving the humanitarian assistance they clearly need, what access there is to the camps, and how much aid the British Government are prepared to contribute.

Much of the blame for the violence against the Rohingya community has been attributed to other ethnic groups within Rakhine, but disturbing evidence suggests that the Burmese border security force, army and police are also involved and culpable. Human Rights Watch has condemned the authorities for standing by and watching, indifferent to what is going on. Amnesty International reports that

“Hundreds of mostly men and boys have been detained, with nearly all held incommunicado, and some subject to ill-treatment.”

It describes the arrests as “arbitrary and discriminatory”. Worryingly, it seems that political prisoner numbers are once again on the rise.

As part of the package of reform in Burma, we have seen the release of political prisoners and a relaxation of press censorship. In Rakhine, however, a different picture seems to be emerging. During my visit the plight of the Rohingya was raised at virtually every meeting, but there is a lack of support for the community across the board. Although we talk about this as being a Muslim issue—certainly the British Muslim community has done a lot to bring it to people’s attention—we were told that it was an issue of what was deemed to be illegal immigration, and not that the Rohingya community is a Muslim community. I am sure that that would be disputed by many within the Rohingya community, but it comes down to the basic issue of what country they belong to and their disputed legal status in Burma.

I had a positive and informative discussion with representatives of the Rohingya community. One question I posed to them was whether they would qualify for protection under the UN declaration on the rights of indigenous peoples. They have not passed that hurdle yet, and it is debatable whether they would. Some would say that the 1982 citizenship law was passed by the military government specifically to exclude the Rohingya population from Burmese citizenship.

I do not think that anyone else has gone into any detail about that law. It categorises people into three groups. Full citizens are those who belong to one of the eight specified national races, or whose ancestors settled before the British occupation in 1823. Obviously, the Rohingya do not come into that category. Associate citizens who applied before the 1982 Act came into effect qualify under the previous 1948 law. For the most part, the Rohingya would not meet that criterion either. Finally, naturalised citizens are required to provide conclusive evidence that they or their parents’ residency in Burma predates independence in 1948. Some of the Rohingya community I met have generations who go back that far, but a lot more have arrived more recently. Those who have at least one parent qualifying under one of those categories can become naturalised citizens if they are at least 18 years old and speak one of the national languages. That does not include the dialect spoken by the Rohingya, so even if they manage to prove that they meet one of those other categories, the language criterion excludes them. That means that the Rohingya are, in effect, left stateless or classed as resident foreigners without any legal status. Many of them have little formal documentation, so even if their roots in Burma go back pre-1948, it will be difficult for them to prove that.

Human Rights Watch, in its report, “The Government Could Have Stopped This”, suggests that many of those who had any paperwork would have lost it in the fires earlier this summer. That organisation has received reports from some Rohingya that the authorities confiscated their ID. Clearly, the Rohingya people are in a Catch-22 situation now. There is no way that they can prove that they meet the citizenship requirements under the current law. They are, in effect, stateless; they cannot prove that they have the right to be citizens of any other country. I will mention Bangladesh in a moment.

Will the Minister say what discussions there have been with the Burmese Government regarding the 1982 law and, given that Rohingya children born in Burma are denied citizenship of any nation, what representations have been made regarding article 7 of the convention on the rights of the child?

[Jonathan Ashworth]

Historically, the Burmese Government were, perhaps, more sympathetic towards citizenship rights in relation to the Rohingya. The first President of Burma said that the

“Muslims of Arakan certainly belong to the indigenous races of Burma. If they do not belong to the indigenous races, we also cannot be taken as an indigenous races.”

In the past there has been a more understanding attitude towards the Rohingya. It is important that we get that on the record.

[Kerry McCarthy]

That shows clearly why the 1982 Act was such a backward step: by establishing the principle that there are eight national races, it went back on what the then President said. Review and reform of the 1982 Act is crucial to dealing with the Rohingya’s situation.

The establishment by the President of a commission to investigate the violence in Rakhine state was welcomed by the Foreign Office Minister, the hon. Member for North East Bedfordshire (Alistair Burt), who does not cover Burma, but deals with human rights issues—or did at the time. He issued a statement welcoming the announcement, emphasising that it was crucial for the commission to be impartial and inclusive. Will the Minister say what involvement the Foreign Office has had in the commission’s work? Have any direct representations been made to the commission? Has the Foreign Office been involved in assessing the commission’s progress to date?

Several hon. Members mentioned Bangladesh, which is important, because Burma cannot resolve the situation alone and it is not Burma’s sole responsibility to resolve it. The Rohingya’s treatment by Bangladeshi authorities is also a serious cause for concern. It is difficult to verify numbers, but we have seen videos of packed boats being turned away by Bangladesh. It is estimated that more than 300,000 Rohingya refugees have managed to cross the border into Bangladesh, but the Government there officially recognise only 29,000 of those as refugees.

It is worrying that Bangladesh has now stopped three aid agencies—Médecins Sans Frontières, Action Against Hunger and Muslim Aid—from providing aid, claiming that Rohingya are in Bangladesh illegally. They are going backwards and forwards across the border and are regarded as illegal immigrants in both cases. What contact has there been between the UK and Bangladesh regarding the principle of non-refoulement and humanitarian access? Has the Minister tried to encourage a dialogue between the Bangladesh and Burmese authorities? That is what is needed at the moment to deal with the immediate humanitarian crisis, because the refugees have nowhere to go.

Burma should be praised for the steps that it has taken towards democracy, but it still has a long way to go. The progress is fragile and grave human rights violations remain, including but not limited to the persecution of ethnic and religious minorities. The President must prove that his Government are committed to addressing those violations and the UK must demonstrate, when the Burmese President visits this country, that all due representations are made and that this matter is flagged on the political agenda. I am sure that the Minister wants to update us on all those issues in his response.