Rohingya Children in a Kolkata Shelter Home: A History of Discrimination and Dreams for a New Beginning

Madhura Chakraborty

Madhura Chakraborty works at Calcutta Research Group. She has been working on migrant labourers since 2011. She can be reached at madhura@mcrg.ac.in.

The last bout of mass scale genocidal violence was unleashed against the Rohingyas in Arakan in 2012. Around the same time the government of Bangladesh took a firm stand to not let in any more refugees. In an interview with Barnaby Phillips of Al Jazeera on 27th July 2012, Bangladeshi Prime Minister Sheikh Hasina repeatedly asserts that it is not the country’s problem to deal with the Rohingyas and she cannot intervene because it is unwise to meddle in the internal affairs of another country. She also says that the international community should insist on Myanmar taking back the Rohingyas and not point an accusing finger at Bangladesh. Responding to accusations that the fleeing Rohingyas are forced back by the Bangladeshi border guards she responds that the guards have responded in a humanitarian way and offered money , medicine and food the Rohingyas and the ‘persuaded’ them to go back. As a result, increasingly, the Rohingyas are forced to seek shelter elsewhere. A large number of them take to the seas in hope for a better future in Southeast Asian countries whereas increasingly bigger groups take the land route and are coming into India. At present they are scattered all over in Jammu, Delhi, Mewat, JAipur, Hyderabad and the jails of West Bengal. Further, UNHCR finds them unique among all the refugee groups in India for their mobility making it difficult to track them and get them registered for the Refugee Status Determination process.

Sanlaap, an NGO working with trafficked women and children based in West Bengal, reports that Rohingya children started coming into their shelter homes in large numbers since 2012 and at one point they were providing shelter to over 40 children, most of them girls. The girls come to Sanlaap through the state Child Welfare Committee. Usually large groups of Rohingya, being smuggled across the borders are captured and sent to Correctional Homes under the Foreigners Act of India. Men, women and children are separated and the children end up in shelter homes. Sanlaap conducted a study in the Rohingya settlements in Jammu and Delhi as more and more relatives came to the shelter from settlements in these two states, claiming the children as their wards. Their reports from the settlements talk about a different kind of insecurity for the Rohingya, particularly the children going back from the shelter to be reunited with their families--the unsanitary condition of the camps, along with the lack of access to basic health care, sanitation, clean water besides education and means of employment, means that the children face malnourishment, all kinds of physical unsafety and, especially the girls are prone to early marriage and in some cases trafficking.

An Interview with Mr. Hindu Singh Sodha1

Mr. Sodha is a social activist working with Pakistani Hindu refugees. He himself was a migrant from Pakistan. He is working in the field for the past two decades and is the Convenor of the Seemant Lok Sangathan. The whole interview is reproduced here.

VB: What is the estimated number of people of this community throughout Rajasthan and Gujarat who still have not got citizenship?
HSS: There are about 7000 people without citizenship in Rajasthan and another 2000 in Gujarat.

VB: Have these people been accorded refugee status by the Government of India or the UNHCR?
HSS: The Government of India gave refugee status to Pakistani Hindu refugees only in 1972. When it comes to the UNHCR, well, it has never given refugee status to this community. Whenever we approach them, they say that they do not have mandate over refugees from South Asia.

VB: Has there been any change in the class of people (in terms of caste, income levels, literacy levels etc) crossing over with time?
HSS: No, there has been no change in the class of people crossing over. People from all classes, be it business class, feudal lords or daily wage labourers, were and are coming into India.

VB: With little or no access to healthcare, these refugees would definitely be facing problems related to their health. They live in big groups with unhygienic conditions. What are the specific problems plaguing them on the health front, especially with regard to children and women?
HSS: Their health condition is pathetic and children and women are the worst hit in terms of their health. As majority of these people belong to the weaker sections of the society, they are unable to feed their children a proper and nutritious diet. Pregnant women are the most vulnerable.

VB: Are they subjected to health checks when they enter India?
HSS: No there are no health checks conducted by the Government.

VB: What are the measures, if any, taken by governmental authorities to redress their health problems? As far as I know, without citizenship they would not be able to access the healthcare options, particularly the government health schemes, of the government.
HSS: Yes, you are right. People without citizenship cannot access the public health schemes of the Government. Also, as far as I know, there have been no measures taken by the Government to redress their health related problems.

VB: Do they face some hassles in accessing health facilities in local hospitals? Are hospital authorities hesitant when it comes to treating migrants?
HSS: They face a lot of problems in accessing facilities in local hospitals. I know a number of cases where the doctors did not even take up cases involving refugees, serious cases like cardiac arrest and child delivery, on the grounds that they are from Pakistan. Also, doctors try to discharge them as early as possible, sometimes even before their treatment is over in order to avoid any hassles.

VB: Living under such deplorable conditions for such a long duration of time, sometimes without their families and basic facilities is bound to create certain mental ill-effects. Are there some people who suffer from psychological disorders?
HSS: There have been cases of stress related problems. It becomes more significant and problematic when the earning member of a family is involved.

VB: I had visited the Bhil Basti in Kali Beri. The state of affairs there was certainly deplorable with no water, electricity, basic healthcare, livelihood options and the abject poverty. What about the other bastis, colonies and villages where they have been residing? Are the conditions similar to that of the Bhil Basti or is the picture better in some other places?
HSS: The government did not promote settlement in any scenario except in 1971. So the condition of the living throughout Rajasthan and Gujarat is quite the same.

VB: When I was in the Bhil Basti I saw a priest at the local ‘thaan’ carrying out a peculiar ritual with a person. He was making him bang his head on the ‘thaan’ in front of the diety. Are these kinds of superstitious activities very much prevalent among them? If yes, have you taken some measures to counter this?
HSS: Personally, I discourage such tactics but it is in fact due to their illiteracy that these practices still prevail in this community.

VB: The United Nations High Commission for Refugees is playing a cooperative role with the Government of India in handling the refugee population. Has there been some help accorded by the UNHCR in respect of this issue?
HSS: As I had told before, the UNHCR doesn’t work with refugees from South Asia.

VB: With regard to the fundamental right violations or otherwise, has anyone from the Pakistani Hindu community taken recourse to legal action on his/her own or with your support?
HSS: Of course, in cases of deportation and harassment we have approached the Courts and have been successful in getting proper remedies.

VB: In respect of the families which have been residing in India for a long time now, have they made some kind of progress with respect to their initial condition in terms of education, literacy, employment among others?
HSS: It all depends on chance. Yes, if they acquire Indian citizenship they of course utilise every possible opportunity to be a part of the progress India is known for. Many of them aim to get into premier institutions. Most of the migrants are currently engaged in private employement.

VB: The policy of non refoulement is binding on the Government of India through the operation of customary International Law. What has been the position of refoulement in this case per se? Have there been instances where people from this community have been deported back to Pakistan?
HSS: Officials sometimes do try for deportation of a few but due to our organisational intervention in the form of approaching the judiciary we almost always succeed in such cases.

VB: Whenever there is a refugee problem the prime contention is always that of protection of national interest versus the protection of human rights; with respect to the issue on hand it gets more complicated as the other country involved is Pakistan. What is your take on it?
HSS: It is sad that on top most level, the policy makers don’t understand the ground realities; and often in the name of internal security human rights of the refugees are violated. When it comes to execution, it is on the lower officers and they usually forget the fact that these people have come here because of the violation of their rights in Pakistan.

VB: The biggest paradox is that despite being a country which has seen one of the world’s largest refugee movements since the time of independence, India does not have a robust refugee policy in place. What has your organisation done with respect to that recently?
HSS: Since the very beginning we have been demanding a uniform policy on the issue. The Government of India comes up with many excuses so as to escape responsibility. India neither is a signatory of UN Convention on Refugees of 1951 nor has signed the Protocol of 1967. Also, there is no domestic law to deal with refugees.

VB: How have these people been oriented with respect to their stay and further action to be taken?
HSS: When they come to us and narrate their intention to stay on due to religious persecution, we guide them in going about the processes and procedures needed to do so. During their stay they face enormous problems which we try to resolve on a daily basis, though due to lack of resources we are not able to do as much as we intend to do.

Notes
1. Supra note 38.

“We Want to Go Back to Mizoram”

Ishita Dey

According to a recent report published by IDMC1, around 30,000 Bru people were displaced from Mizoram and forced to flee to Tripura in 1990s. In 2009, there was a renewed violence which forced a smaller number of people to flee to Tripura. In 1990s various organisations from the Bru community ( Bru National Union and The Bru Democractic Convention Party) demanded for a Bru Autonomous District Council to be set up in Western Mizoram where Bru people make up the majority. During the course of the Ninth Annual Winter Course on Forced Migration, I met R. Laldawnglians, Vice President and Bruno M, General Secretary of Mizoram Bru Displaced People’s Forum who were in Kolkata to share with the course participants the struggle of their community and living in camps in their own country.

Some excerpts from the interview are produced below.

History of Displacement

Bru people were displaced from Mizoram. Due to step- motherly treatment by the Mizoram state, some educated youth raised demand for autonomous district council under Indian Constitution. In October 1997, Bru villages were burned down by the Mizoram Goverment and Bru people were forced to flee to North Tripura and live a life of refugee in their own country.

Post –Displacement Armed Struggle

Bru National Liberation Front (BNLF) was formed in 1998to take up armed resistance for survival of ethnic identity. They believed that state government and central Government will not listen if they do not take up arms. BNLF has already surrendered in 2006.

Living Life in Camps

Initially (1997) the displaced people from Bru community stayed in Government schools and Market places and after 2-3 months the Government of Tripura gave up land for setting up of Relief Camps. The Government of Tripura set up six camps in Kanchanpur district of North Tripura. The Government opened another camp following the conflict-induced displacement in 2009. Currently there are 7 relief camps and approximately 32,000 people are staying across these relief camps. Since April 2008, the camp residents receive on state assistance through distribution of cash and rice. An adult is entitled to receive Rs 5 per day per adult and 600gms of rice per day; and minor (1-7 years) is entitled to receive Rs2.50 per day and 300gms of rice per day.

Camp Management and Women

Mizoram Bru Displaced People’s Forum looks after the problem of camp inmates. Since we have separate customary laws, Chodari ( a male representative) looks after cases of domestic violence, divorce and other domestic matters. There is a separate Camp Defence Committee which is responsible to prevent crime within camps. Though there are no women members in this committee we have a separate committee for women – Mizoram Bru Displaced Women’s Welfare Committee. This committee is managed by women and usually organised women related activities.

Education in Camps

Each camp has one voluntarily school per camp.

Right to Vote

Some persons have Voter’s Id of Mizoram

Right to Return

We want to go back to Mizoram.

IDMC report indicates that there have been various dialogues between the state and the Displaced people’s Forum and there have been attempts by Bru people to return to Mizoram. Around 1000 Bru Displaced People returned to Mizoram from 21 to 26 May 2010. In early January 2011, the Ministry of Home Affairs introduced a rehabilitation package through grants in aid to Mizoram Government for returnees. The return process was hit when the Mizo groups demanded that the Central Government should also have a rehabilitation package for 80 Mizo families who were forced to flee Sakhan range in Tripura in 1997 and 1998. The Ministry of Home Affairs consented to meet the demand and stated that the return process should continue till October. In September 2011 onwards, Young Mizo Association (YMA) and Mizo Zirlai Pawl (MZP) together with representatives from political parties started an identification process if the returnees to Mamit district in Mizoram were from Mizoram. Incase they were not found from Mizoram they would be deported to Tripura. This move reinstated feelings of mistrust and stalled the return process of Brus to Mizoram.

Notes

1 November 2011.“This is our Land” Ethnic Violence and internal-displacement in North-east India. IDMC : Norwegian Refugee Council