Rohingyas: Nobody’s People in Noman’s Land

Subir Bhaumik

[BBC's Correspondent for East and Northeast India based in Calcutta]

Bangladesh's new Awami League government has decided to send back to Myanmar all of the 30,000 odd Rohingya refugees staying in the "official camps" between Cox's Bazar and Teknaf, creating uncertainties for the beleaguered ethnic minority that has been victim of the one of the worst cases of displacement in post-colonial Asia .

In 1978, nearly 200,000 Rohingyas fled to Bangladesh, following the ‘Nagamin’ (‘Dragon King’) operation of the Myanmar army. This operation apparently sought to “scrutinise each individual living in the state, designating citizens and foreigners in accordance with the law and taking actions against foreigners who have filtered into the country illegally." But on ground, this became a brutal military campaign targeting Rohingya civilians and what followed were widespread killings, rape and destruction of mosques and other forms of religious persecution.

During 1991-92 a fresh exodus of Rohingyas started with more than a quarter of a million Rohingyas fleeing to Bangladesh. They reported widespread forced labour, as well as summary executions, torture, and rape. Rohingyas were forced to work without pay by the Burmese army on infrastructure and economic projects, often under harsh conditions. Many other human rights violations occurred in the context of forced labour of Rohingya civilians by the security forces.

Despite earlier efforts by the UN, the vast majority of Rohingya refugees have remained in Bangladesh, unable to return because of the displayed hostility of the Myanmar military junta. But now they are facing problems in Bangladesh as well where they do not receive support from the government any longer. As a result, thousands of Rohingyas have been undertaking hazardous boat journeys to Southeast Asia (even as far as Australia), looking for work and livelihood.

Over the years thousands of Rohingya also have fled to Thailand. There are roughly 111,000 refugees housed in 9 camps along the Thai-Myanmar border. There have been charges that groups of them have been shipped and towed out to open sea from Thailand, and left there. In February 2009 there was evidence of the Thai army towing boatloads of Rohingyas out to sea. I investigated and did a series of stories in the BBC exposing how the Rohingyas were put on boats after their engines were removed and were left to die on high seas.

A few hundreds of them were rescued by Indian and Indonesian coast guards, after which they narrated harrowing stories of being captured and beaten by the Thai military, and then abandoned at open sea. By the end of February there were reports that of a group of 5 boats were towed out to open sea, of which 4 boats sank in a storm, and 1 boat washed up on the shore. On February 12, 2009 , two weeks after the BBC exposes, Thailand's prime minister Abhisit Vejjajiva said there were "some instances" in which Rohingya people were pushed out to sea and promised an enquiry

All these Rohingyas had paid a fortune to dubious agents in Bangladesh who organised the deadly boat journeys. But leaders of the community in Bangladesh now say more and more Rohingyas will be undertaking these deadly voyages because they are left with no option after Bangladesh decided it will start repatriating the Rohingya refugees back top Myanmar. In the words of Foreign Minister Dipu Moni, these refugees will be sent back in "the soonest possible time."

The Awami League government wants to send back the Rohingyas because it feels this community provides the maximum number of recruits to Islamic terror groups active in the country. The Rohingya armed groups, which traditionally received support from the Bangladesh military intelligence during the country's military regimes, are also feeling the heat. Most have been disarmed and many of their top leaders have fled the country and settled in UK or Saudi Arabia. In fact, top Awami League leaders are spearheading the anti-Rohingya resistance committee recently set up in Cox's Bazar - Teknaf area. The whole idea is to make it difficult for the Rohingyas to live in southeastern Bangladesh (between Chittagong and Teknaf), so that they are forced to return to Myanmar.

"The Rohingya jehadis have fought in Palestine, Kashmir, as far as Chechnya. They are the single most dangerous community living in our country because they provide support and recruits to the cause of Islamic terror. If we have to crush the Islamic fundamentalist forces down south, the Rohingyas must be made to go back to Burma," says Shamsul Arefin, a retired military official who advises the Awami League on security issues. So Bangladesh has now said they will begin by sending back about 9000 Rohingya refugees.

But according to Kristy Crabtree, an American researcher who has worked on the Rohingya refugees, “promoting the Rohingyas' repatriation as the only possible solution to their displacement overlooks an internationally recognized norm of protection for those seeking refuge. This is the principle of non-refoulement. Basically, this principle prohibits nations from expelling or returning a refugee to a place where their freedom will be threatened or there is a risk of persecution." This principle is recognized in the 1951 UN Convention Relating to the Status of Refugees, and applies to refugees that are formally recognized as well as those who lack an official status, she says.

Although Bangladesh is not a party to the Convention, the principle still applies because non-refoulement is an international custom. This means that the principle is a “general practice accepted as law” because it has fulfilled the two elements necessary to become customary international law: consistent State practice and opinio juris. The latter means it is a practice recognized by states as obligatory.

Having satisfied these requirements, the principle of non-refoulement is considered customary international law, and therefore, binding on all states regardless of their adoption of the 1951 Convention. Furthermore, the principle is defended in other treaties which Bangladesh has signed, such as the Convention Against Torture and the Covenant on Civil and Political Rights. This principle should protect the Rohingya from forced or coerced repatriation to Burma.

"Bangladesh's plan for Rohingya repatriation not only goes against customary international law but her request for the UN High Commissioner for Refugees to pursue socio-economic development in Myanmar also falls short. The reason for the flight of the Rohingya into neighboring countries is not the result of a socio-economic problem. The root cause of their displacement is the lack of recognition of their citizenship rights in Myanmar. Without these national rights, their other basic rights, such as freedom to travel or marry or practice their faith, are routinely violated, and the Rohingya are subject to other gross human rights abuses such as forced labor and property confiscation," says Crabtree.

There is enough justification in the suggestion that until and unless Myanmar recognises the citizenship rights of the Rohingyas, they should not be forced to return.

Resettlement of Rohingya refugees must continue in countries like the US, Canada, Ireland and New Zealand. Funding must also support local villagers living in the area surrounding the camps. This is necessary to change the local perception of the refugee camps from being a financial burden for the country to infusing the area with international aid and development. But if the Rohingyas are seen as "potential Islamic terrorists", this may also suffer.

In fact, the Rohingyas are victims of this "outsider" image. Buddhist Myanmar sees them as a migrant Muslim community who came to live in the Arakans from the East Bengal coast -- a complete distortion of history of the fluid Chittagong-Arakan coastal region ( a bit of a melting pot) where Islam came as the "handmaiden of commerce" and not at the head of an all conquering army. Bangladesh sees them (at least the present regime) as Burmese Muslims who pose a threat to its secular fabric and stability. The West sees them as potential jihadis. In south east Asia, they are seen as "illegal migrants" who should be detected and thrown out. And elements in the Islamic world see them as useful recruits for an extreme cause but quite expendable. They are indeed nobody's people in a noman's land and the world does not realise that it is the uncertainty of their existence that drives them to extreme steps -- be it the hazardous boat journeys from Bangladesh to southeast Asia or the plunge into the world of jihad.

Managing Refugees in a Mess

Uttam Kumar Das

[Advocate (Attorney at Law) in the Supreme Court of Bangladesh, is a human rights researcher, trainer and practitioner]

Bangladesh has a long history with refugees’ lives and experiences. The country became independent in 1971 that saw the creation of a great number of 10 million refugees (1 out of every 7 person of that time population in the territory) who had taken temporary shelter in neighboring India for nine months.

Since its independence, Bangladesh has been a refugee producing and hosting country at the same time. The decade-long unrest and militancy in the Chittagong Hill Tracts (CHT) had produced exoduses of displaced populations and refugees - a section of them crossed the border and took shelter again in India.

The history of the ethnic Rohingyas from the neighboring Myanmar (formerly Burma) seeking refuge in the territory of Bangladesh goes for more than centuries. However, their recent influx to Bangladesh following the ethnicity and religion-based persecutions on the Rohingyas by the military regime (in Myanmar) can be traced back to 1978 and 1991-1992. Those who came in 1978 could return in the following years through bilateral discussions and negotiations between Bangladesh and Myanmar. However, it is alleged that a good number of the then “refugees” had been forced to return; and most of them eventually came back to Bangladesh (in following years) taking advantage of porous borders.

During 1991-1992, a record number of 258,800 Rohingyas took refuge in Bangladesh. Initially, the Bangladeshi government registered them and provided them with shelter in temporary tents in the bordering districts of Cox’s Bazaar and Bandarban. Later on, the United Nations High Commissioner for Refugees (UNHCR) came into operation at the invitation from Bangladesh government.

According to official records, so far 237,000 Rohingyas have “voluntarily” returned to Myanmar. However, repatriation has been stalled since 2006. However, locals believe that most of the Rohingyas who are in the “Repatriation List” have eventually returned to Bangladesh and mixed with local population in the bordering districts of Cox’s Bazaar, Bandarban, and elsewhere like Chittagong, Barguna, and Patuakhali. Rohingyas are similar to some of the local population with regard to their language, ethnicity, and religion.

While officials of the government and UNHCR claim that there are now 28,000 registered Rohingya refugees in two government-managed camps, however other estimates of the number of Rohingyas in Bangladesh vary between 200,000 to 500,000. (None knows the exact number indeed).

Bangladesh is an exceptional country (like others in the region) which has been hosting refugees for years thanks to the excellent generosity of the government and people of Bangladesh. However, the management of refugee operation has been going on without any legal and policy framework. It has been on the basis of ad hoc measures, which sometimes becomes messy and discriminatory while extending protection to deserving ones.

Bangladesh is not party to the UN Convention Relating to the Status of Refugees, 1951 and its Protocol of 1967. As mentioned, there is also no national law dealing with asylum and refugees. It is Article 31 of the Bangladeshi Constitution that provides a flat-guarantee for the “equal protection of law” for a citizen and a non-citizen alike, as long as on the territory of the country. But this provision lacks a judicial interpretation which could be translated for the benefit of asylum seeker and refugee.

The Rohingyas are in fact, “granted refugee status” through an executive decision by the Government of Bangladesh. This is considered as “arbitrary or discriminatory” given the absence of any legal sanction. The same grant never happens to any other groups taking refuge in Bangladesh. However, the government of Bangladesh has reportedly set a “May 1994 cut-off date,” which means that no Rohingya entering Bangladesh after that timeline would get refugee status. If there is really such a decision that would clearly be a violation of the principles of the international refuge or human rights law and the Constitution of Bangladesh as according to Article 14 of the Universal Declaration of Human Rights of 1948 those who are fleeing persecution have rights "...to seek and to enjoy in other countries asylum from persecution". This persecution could be subjective or objective. However, there is no time bar on this.

Thus, in the absence of a framed law, there are reported discriminatory and arbitrary practices between and among the refugee groups on the ground. Sometimes, they are influenced by the vested interests of a section of relevant government officials or NGOs, local influences, presence of corruption, and abuse and misuse of powers among others. This is also dependent on which political party happens to be in power.

The role of UNHCR in Bangladesh is also not beyond questions. Some of its field level staff members are accused of discouraging refugees to repatriate. Under the so-called urban refugee program the UNHCR Office in Dhaka has been receiving and processing applications for asylum in Bangladesh (in the absence of a state-run mechanism this agency is doing this, and government has no monitoring and control over this). With regard to Myanmar, the UNHCR caseloads mainly comprise of Rakhine and Chin populations fleeing from persecution. The number is around 400.

However, it (UNHCR) is not allegedly processing any application from Rohingya asylum seekers from Myanmar despite there being valid reason/s to prove persecution. (UNHCR process application if someone introduces him/herself even as a “Burmese Muslim,” however, not as a Rohingya).

The UN agency is reportedly doing this referring to the “decision of the host government.” Then, questions arise that if so, why is UNHCR really here? Is the duty of UNHCR to comply with a “decision” of a government which is contrary to the norms of international human rights laws? This practice of UNHCR has amounted to the violation of the core principle of the UN’s Convention of 1951.

Given the limitations in the 1951 UN Refugee Convention, (which does not actually cover the complex refugee dimensions of the South, burden sharing, and emerging issues like the climate refugees), Bangladesh should look into the option of adopting a comprehensive national law on asylum and refugee supported by a well-structured policy framework. Also, there is a pressing need for a regional legal framework on asylum and refugee protection.

However, mere adoption of a law will not work unless it is implemented effectively. That is why there is a need for a pool of trained manpower to deal with the issue. This would range from judges, lawyers, members of law enforcement agencies, policy makers, academics, social workers among others.

Bangladesh should also look into registering all Rohingyas and other Myanmar nationals (nationals from other countries as well) staying on its soil. A section of the government officials believe that the registration of the Rohingyas would pave the way for more influx of the Rohingyas into Bangladesh leading to the international community to urge for their subsequent recognition as refugees. But this is ridiculous; that is why the officials concerned need to understand the matter through gaining knowledge on the subject, related to national and international laws and obligations, security and strategic issues, negotiation skills among others. Rohingyas are indeed residing in the territory of the country and surviving on our resources. Then, what is the problem in listing them. This listing (off course a comprehensive one with detailed profile) would pave the way for the government to bargain on related matters with counterparts including Myanmar.

Besides, the Rohingya problem is not merely a national issue of Myanmar and Bangladesh. It has both regional and international dimensions. That is why its solution also depends on regional and international approaches. Bangladesh should head for that direction.

Refugee Urbanisation : Protection Challenges and Emerging Opportunities

UNHCR, New Delhi

With increased urbanisation, more and more refugees and asylum seekers are moving to cities and towns. Nearly half of the 10.5 million refugees and 1 million asylum seekers under UNHCR’s protection live in cities and towns and a large proportion of them are expected to become permanent urban residents.

Refugees are logically drawn towards cities and towns as places promising better security and opportunity. The reality, however, is very different. In the absence of socio-economic support, safe housing, basic identity documents and necessary survival skills, refugees often find themselves ‘excluded’ in urban environments.

UNHCR’s Policy on Urban Refugees

UNHCR’s long experience in working with urban refugees bears testimony to the many difficulties they face in an urban context as increasing security concerns have led to tightening of border controls and shrinking of the global humanitarian space.

Violence and exploitation largely stem from living on the margins of poverty in dispersed urban areas. Constant competition for scarce resources and negative perceptions about refugees lead to clashes between local communities and refugees. Social ills including substance abuse, alcoholism, domestic violence etc are widely reported among refugee communities.

As observed by the United Nations High Commissioner for Refugees, Mr. Antonio Guterres:
The plight of refugees and others of concern in urban areas cannot be treated in isolation but needs to be responded to in the broader context of the urban poor. The humanitarian community needs to reassess its paradigm of assistance in urban areas. Humanitarian actors in urban areas need to determine how community-based and bottom-up initiatives can be better supported.

UNHCR’s first global policy document on ‘urban refugees’ published in 1997 did not go as far as expected towards finding solutions for this group. A revised version of this policy was released in 2009.

The salient features of the new policy are as follows:
1.Rights of refugees and UNHCR and state responsibilities towards them are not affected by their location, their means of arrival or status.
2.Protection space for urban refugees should be maximized.
3.Protection of urban refugees is a shared responsibility between states, municipal authorities, communities, humanitarian agencies and civil society.

The policy is already being implemented in several UNHCR operations across the world, including India.

Refugees Under UNHCR Protection in New Delhi

India is not party to the 1951 Convention Relating to the Status of Refugees or its 1967 Protocol and does not have a domestic refugee protection framework. Based on a long tradition of hospitality, the government of India grants asylum to approximately 200,000 refugees from Tibet and Sri Lanka and generally respects the principle of non-refoulement for holders of UNHCR documentation.

UNHCR’s operation in India, based in New Delhi, works with individual refugees and asylum seekers from non-neighbouring countries as well as Myanmar. As of 31 May 2010, there were 13,485 refugees under UNHCR’s protection, primarily from Afghanistan and Myanmar and in smaller numbers from countries as diverse as Somalia, Iran, Iraq, Palestine (ex-Iraq), Sudan, Eritrea, etc, mostly residing in New Delhi. UNHCR also has a small presence in Chennai to support the voluntary repatriation of Sri Lankan refugees.

The number of asylum seekers under UNHCR’s mandate has nearly doubled in the last year, from 4,206 at the end of 2008 to 7,344 in May 2010. To deal with this upward trend, UNHCR outsourced registration of newly arrived asylum seekers to an implementing partner in July 2009. Asylum seekers are now registered within two to three weeks of approaching UNHCR; a vast improvement from the eight to nine month waiting period for registration previously.

Once declared as a refugee in accordance with UNHCR’s refugee status determination procedures, refugees receive a basic subsistence allowance from UNHCR for a short period. UNHCR is committed to use its limited resources in the best possible manner and is gradually shifting towards provision of targeted assistance to refugees with specific needs.

In line with UNHCR’s urban refugee policy, UNHCR in India aims to strengthen refugees’ coping mechanisms in an urban environment by providing language lessons in Hindi and English, vocational training and promoting self-reliance and livelihood opportunities. Although refugees do not have the legal right to work in India and are not issued work permits, they have limited employment options in the informal sector where nearly 92 per cent of the Indian workforce is employed.

An in-depth livelihoods assessment was conducted in 2009 in order to better understand the urban livelihoods situation and to develop adequate livelihood support strategies. UNHCR along with its partner runs livelihood support programmes for refugees in New Delhi such as the KOSHISH project, an apparel manufacturing and retail unit and other income generation activities such as manufacturing of paper bags and plates, bedcovers, cushion covers, table napkins, wall-hangings, mobile phone pouches, candles etc.

Due to a dramatic rise in the number of asylum seekers approaching UNHCR in the recent past, they have to wait for long periods before their refugee status is determined. UNHCR’s efforts are geared towards bridging the gap in services provided to refugees and asylum seekers under UNHCR protection, with particular emphasis on ensuring real access to government education and healthcare services for all. Asylum seekers like refugees have access to language training, counseling support and legal aid services provided by UNHCR.

Since refugee and asylum seeker parents are reluctant to enrol their children in government schools for a variety of reasons, UNHCR is working closely with its partners to create awareness among communities through targeted education campaigns to encourage more refugee and asylum seeker children to attend government schools. The enactment of the Right of Children to Free and Compulsory Education Act in April 2010 has further enhanced the possibility of these children attending government schools.

UNHCR runs crèches for children between the ages of 1-5 years in areas where most refugees live and work. These crèches, while affording a safe environment for children while their parents work or are engaged in other learning activities, also provides them with a level of pre-school education which will eventually allow them to join the Indian educational system. UNHCR also provides bridge lessons to assist children in joining Indian schools and tuition classes to school going children. Children above the age of 12 years also have the option of enrolling in the national open school system.

Despite having access to affordable government health care facilities in New Delhi, refugees and asylum seekers prefer private healthcare services, which are costlier and may not be as effective. The logic that informs UNHCR’s global health policy is
When health services are of adequate quality and used by the national host populations, the use of public health systems is preferred. However, in some countries these systems are not functioning adequately and citizens do not use them. In these circumstances, UNHCR may have to seek other alternatives such as non-profit, NGO, community-based, faith-based and private services.

Moreover, the assessment, monitoring and evaluation of health needs of refugees in an urban setting are never easy due to the dispersed nature of the population. UNHCR is in the process of strengthening its health outreach facilities and establishing a strong health information system. As in the case of financial assistance, UNHCR prioritises its efforts and allocates its limited resources towards the provision of health services to those refugees and asylum seekers whose needs are most urgent.

UNHCR hopes that these newly introduced measures will go a long way in preserving and enhancing the protection space for refugees and asylum seekers through effective access to basic services and strengthened livelihood support.

_____________________________________________________________

World Refugee Day, 2010




"They took my HOME but they can't take my FUTURE"

World Refugee Day celebrated on the 20th of June, is a tribute to the courage and dignity of refugees worldwide. This year, the theme for World Refugee Day is, "Home" in recognition of the plight of more than 40 million uprooted people around the world: “They took my HOME but they can’t take my FUTURE”. Around 10.5 million of them are refugees of special concern to UNHCR. World Refugee Day has become an annual celebration marked by a variety of events in over a hundred countries.

World Refugee Day was first celebrated in June 2001, with a spectacular sound and light show at the Statue of Liberty in New York Harbor. This year, the Empire State Building in New York, the ancient Colosseum in Rome and the bridge across the Ibar River in Mitrovica, Kosovo will be lit in blue as a sign of respect and solidarity for refugees.

World Refugee Day provides an opportunity for UNHCR to thank those individuals and nations that have opened their doors and their hearts to refugees. In India, the UN Refugee Agency (UNHCR) celebrates the day with refugees and asylum seekers, through various cultural events that are held in New Delhi. Organised by UNHCR's implementing partners in areas where refugees and asylum seekers live, this is a platform to share their culture and traditions with their friends and neighbours.

A Public Lecture titled "The Future of Human Rights in a Home Away from Home: Towards Rethinking the Right to have Human Rights" will be delivered by Professor Upendra Baxi, Emeritus Professor of Law, University of Warwick and University of Delhi, at Casuarina Hall, India Habitat Centre at 6.30 p.m on Monday. 21st June 2010. be delivered by Professor Upendra Baxi, Emeritus Professor of Law, University of Warwick and University of Delhi, at Casuarina Hall, India Habitat Centre at 6.30 p.m on Monday. 21st June 2010.

Nitza Nachmias and Goldstein Rami (ed.) The Politics of Forced Migration: Conceptual, Operational and Legal Analysis (Publish America, USA: 2004)

Sucharita Sengupta

[Research Associate at the Mahanirban Calcutta Research Group]

Forced Migration - its causes, implications and challenges continue to pose serious threat to nation states, their sovereignty and governability. Lacunas can still be sighted amidst the efforts by different International Organizations in providing aid to the displaced. Worst perhaps is the political implication that often leads to unequal distribution of aid and rehabilitation following a forced eviction. Even more vulnerable is the condition of the Internally Displaced Persons (IDPs) who suffer from a lack of comprehensive policy and continue to live within the jurisdiction of the state in which they were displaced. Often they lack adequate infrastructure to cross borders towards a new destination. Hence, all these factors, combined, call for a renewed analysis of the conceptual, operational and legal frameworks of terms like ‘Forced Migration’, ‘Refugees’ and ‘IDPs’.

This is precisely what Nitza Nachmias and Rami Goldstein have attempted, by compiling a wide array of issues in the various chapters of the book entitled The Politics of Forced Migration: Conceptual, Operational and Legal Analysis. The authors through the chapters of the book argue in favour of a new international legal paradigm. Roberta Cohen writes in the Foreword that there is need of a better international system which would be able to address many of the humanitarian emergencies that today’s world produces, specifically millions of uprooted people (pg 12). She elucidates further, that the problem of IDPs is much larger than that of the refugees as the number of IDPs has steadily increased over the years. A new international system is needed to deal strictly with state sovereignty. She further goes on to say that there are some inherent problems with the 1951 Refugee Convention which again reaffirm the need for a new and a more active international system. The Convention, Cohen continues, is inadequate in the present scenario since it “is based on fear of persecution” (pg-13) which fails to capture the refugee experience in the present scenario. During the mid sixties, the 1951 Convention was unable to address majority of the refugees assisted by the UNHCR. So the need of a new approach is hardly over emphasized.

The book is divided into three halves. The first deals with concepts and theories related to ‘Forced Migration’, the second puts these theories into practice by studying various cases and the third examines the possibility of future prospects and constraints of ‘Forced Migration’.

Chapters One to Four put together four theoretical essays stressing on the need of humanitarian interventions and their outcomes. Key concepts like ‘right to return’, ‘resettlement’ and ‘repatriation’ are central to the problem of Forced Migration and hence analysed in these four chapters. Allan James starts his essay “Analytical Observations on Forced Migration” by exploring the meaning of the term ‘Forced Migration’. Ample ambiguity prevails around the meaning of the term. There are a number of reasons for which people are forced to migrate but whether all these fall under this broad concept forms the crux of the chapter. James enumerates the different times when people are compelled to leave their ‘home’ like when they are at gun point, when they fear a threat to life or in case of a civil war (pg 39). However the problem lies in a lack of consensus regarding the causes of Forced Migration and its implications in humanitarian intervention. Problems also arise with questions as to what extent these interventions could be allowed so that they do not infringe upon the sovereignty of states.

James has meticulously put forward his arguments but some of the arguments could have been better substantiated through exemplification, particularly when he is explaining in detail the various causes of forced migration (pgs 40-45). Again to state, “… forced migration seems to be a recurring feature in human history. One must not overemphasize this; it by no means dominates the scene…” (pg 61) is really problematic. Forced migration, particularly internal displacement is a persistent problem and is a serious concern to many states.

Leon Gordenker in the second chapter “Review of the International Rules and issues in the treatment of refugees” further extends the arguments of James to expand on the problems of the 1951 Refugee Convention. Along with presenting a critic of the Convention, he examines different institutional safeguards formulated for the refugees. The most interesting part of Gordenker’s essay is his analysis of the political maneuvers in rendering the status of ‘refugee’ to any persons. According to the international definition of a refugee the ‘fear’ of persecution must be well-founded to justify his migration and provide him ‘asylum’ for being a refugee (pg-71). Gordenker rightly questions that the problem is who examines this extent of fear? He also like James argues in favour of an “assertive intervention”, often at the expense of sovereignty of States but also highlights the risks of conflicts that can arise out of it.

Abby Stoddard in “Every One’s and No One’s: IDPs, Refugees, and the Politics of Aiding the displaced” clearly calls for a new paradigm. She argues that there is a need to revise and reevaluate the performance of the existing International organizations in providing support to the victims following a forced migration. Her essay reflects concern over the crisis of the IDPs and that they should also be treated at par with the refugees. The Donor States, especially USA, the largest donor state should consolidate a clear and comprehensive policy for the IDPs. “Possibly the most striking feature of the international efforts on IDPs, is that the donors have largely been left out of the equation” (pg-97) and this needs to be revised. Claudena M. Skran also opines a need for a new legal infrastructure that would ensure a higher involvement in the protection of refugees and the host countries from terrorism in her chapter “Paradigm Shift In International Refugee Assistance”. She explains that the ‘neutrality’ that the international organizations have practiced so far mainly in respect to the IDPs is fallacious and more active intervention is the call of the day. The common thread that runs through all the essays in the first half is stress on ‘humanitarian intervention’. This is also dangerous by implication especially when it is equated with military intervention.

The second half of the book deals with various case studies. Four case studies have been documented - Afghanistan, Yugoslavia, Rwanda and the Middle East (Palestinian refugees). Each case study starts by sketching a brief history of the country which is the moot cause of the subsequent turmoil forceful eviction of a large number of people. Like as in the case of Afghanistan, Arnie Strand and Petter Bauck narrate the transition of the Country from one political power to the other which has led to the emergence of Mujahideens (pg 145). The chapter connects the present day refugee challenge in Afghanistan to the history of the Afghan society. A similar kind of narration can be traced in chapters 8, 9 and 10 which deal with the crises of the Palestinian refugees. Their situation is also different from other refuges as they are denied the much contested “the right to return”. The essays reflect the trauma that the Palestinians are still going through following their mass eviction in 1948 and 1967. Part three of the book suggests the possibilities for the future, the role of the ‘civil society’ which has gained momentum from the 1980s and future challenges for the International Organizations.

The book has a unique style of narration. The flow of words is lucid and to the point. Headings and subheadings make the reading even more user friendly. The book has covered a lot of challenging issues and despite its bias towards military interventions; it is able to provide solutions to a lot of problems associated with Forced Migration. Its particular concern towards the IDPs and politics that can hamper the rehabilitation process also makes it a very useful reading.

Myths Regarding Immigration in the American Society

Comment by Sucharita Sengupta

Immigration continues to be treated as one of the most contentious topics in USA, more so, because USA is a nation of immigrants. However much of the debate regarding immigrants can be found in the past mythology. The article “Five Myths about Immigration” published in the Hindustan Times, New Delhi, 9 May, 2010 deals precisely with the existing myths on immigration and whether immigration can be considered as a blessing in America.

The first myth that the article explores is how immigrants are responsible for unemployment for the U.S population. Immigrants account for 12.5 percent of the U.S population and make up about 15 percent of the workforce. Since the 1980s, Immigrants and their children have accounted for almost 58 percent of the growth of the U.S population. The article claims that low U.S fertility rates and the upcoming retirement of the baby boomers mean that immigrants are going to be the prime workforce in the decades ahead. On one hand, it is true that this contributes towards a decrease in the overall wage of the workers including the U.S workers, but on the other hand immigrants also stimulate growth by creating new consumers, entrepreneurs and investors. The second myth is that most of the immigrants came in illegally , particularly 1890 can be considered as a watershed when immigrants made up to 14.8 percent of our population. Although it is true that unauthorized immigrant population includes more people from Mexico than from any other country, Mexicans are also the largest group of lawful immigrants. There is a third kind of perception which notes that immigrants do not integrate into the larger society. In the present scenario, immigrant integration takes a generation or two. Learning English facilitates this process. However, lack of legal status of millions of immigrants interrupt integration as illegal immigrants are ineligible for in-state tuition. The Fourth myth is that curbing illegal crossings will make the American citizens safe since the job of protecting the nation’s borders is a huge task. After September11 2001, the authorities have taken special care to protect the country’s borders through strict measures like securing cargo shipment, increasing regional cooperation and so on. The Border Patrolling has also increased to more than 20,000 agents. The final point which the article highlights is that reform regarding the immigration laws cannot happen in one election year. However, all the significant immigration bills passed so far were done in the election years. The list dates back to the Refugee Act of 1980 till the recent Illegal Immigration Reform and Immigrant Responsibility Act in the 1996.

The article thus traces some of the focal perceptions regarding immigration in the American society. It concludes on the note that changes regarding the existing immigration laws should be ushered in gradually as attempts to foster fast changes have met with deadlocks. However, this does not imply a lack of immigration reform.

For details please visit: http://www.hindustantimes.com/Five-myths-about-immigration/Article1-541159.aspx

The Wall and the Eye: An Interview with Eyal Weizman

One of history's most fiercely contested landscapes, the 2,270 square miles of territory known as the West Bank was under the control of Jordan when it was occupied by Israel during the 1967 Six-Day War. Over the last 35 years, the area has become ¬home to some 200,000 Israelis (400,000 including occupied East Jerusalem) who populate numerous, new, purpose-built settlements perched on its hilltops, overlooking long-established Palestinian lowland communities. This ongoing state-sponsored policy of expansion onto the high ground has been paralleled by the development, within the architectural and urban planning professions, of extremely particularized strategies for building on heights. Many of these draw on historical precedents; all are designed to provide basic municipal amenities within a context of highly refined, surveillance-based security. In the following interview, Weizman, a partner in Tel Aviv-based Rafi Segal/Eyal Weizman Architects, discusses both the natural and built environment of the West Bank – from the social, political, and religious history of the area to issues of photography and mapping to concepts of strategic building forms and settlement growth patterns. He also asks pointed ethical questions about Israeli architectural and planning practice and considerations of human rights, which he says is central to the research he and Segal continue to conduct. Weizman spoke by phone to Jeffrey Kastner and Sina Najafi from Haifa, Israel, in October 2002.

For details visit: - http://www.cabinetmagazine.org/issues/9/wall.php

Persecuted Rohingya Flee Burma and Starve in Bangladesh

Physicians for Human Rights released the report, STATELESS AND STARVING – Persecuted Rohingya Flee Burma and Starve in Bangladesh on 9 March 2010. This emergency report is based on a sample of 100 unregistered refugee households at the Kutupalong makeshift camp in southeastern Bangladesh as well as in-depth interviews with 25 refugees and 30 other key informants throughout the region. The Burmese refugee population in Bangladesh is estimated at 200,000 to 400,000. The Government of Bangladesh and the UN refugee agency, (United Nations High Commissioner for Refugees, UNHCR) jointly administer two “official” camps with a combined population of just 28,000 registered refugees. The remaining unregistered refugees are currently not protected by UNHCR because they arrived after 1993 when the Bangladesh government ceased conferring refugee status to any Rohingya fleeing Burma. Arbitrary arrests by Bangladeshi authorities have restricted people’s movement in this unofficial camp leading to quarantining of thousands of people. Tens of thousands of unregistered Burmese refugees in the burgeoning camp in Bangladesh have no access to food aid. Results from the PHR household survey reveal that 18.2% of children examined suffer from acute malnutrition. In emergency settings, acute malnutrition is traditionally measured among children age 6–59 months. In addition, PHR received numerous testimonies from families who had not eaten in two or more days. As a coping mechanism, many refugees are now forced to borrow food or money to feed their families. Results from the PHR survey show that 82% of households had borrowed food within the past 30 days, and 91% of households had borrowed money – often with exorbitant interest rates – within the previous 30 days. Walking through the Kutupalong camp, PHR investigators saw stagnant raw sewage next to refugees’ makeshift dwellings. Human excrement and open sewers were visible throughout the camp. Results of the PHR survey show that 55% of children between 6–59 months suffered from diarrhea in the previous 30 days. Such inhuman conditions presage a public health disaster.

For the full report please visit: - http://physiciansforhumanrights.org/library/documents/reports/stateless-and-starving.pdf

Hitch Hiking on High Seas

Ishita Dey

The very nature of “borderlands” is ambiguous for a person forced to flee, people have been forced to take various avenues to migrate particularly “high seas” to distant lands in search of safe passage and safe life. The media reports of rescue of 100 Rohingya refugees who were left to their fate after ill treatment by Thai Army followed by interventions from Bangladesh last year and death of ten Sri Lankan Tamil Refugees near Kakinada coast, India on 1 May 2009 shows that refugees continue to take high seas amidst the risk. While the reasons for such passage has been documented the current problem lies in the way developed nations and often states which have ratified the 1951 Refugee Convention fail to cope with the “ new boat people” for instance the initial refusal by the Australian authorities in October 2009 to grant protection mechanisms to 78 Tamil refugees who were stranded in Indonesian coast saying that "There's an agreement between Australia and the Government of Indonesia that the people who were rescued in the open seas will go to Indonesia and be processed by the United Nations High Commission for Refugees in Indonesia," Australia's Foreign Minister Stephen Smith told ABC News 1 . Refugees have taken recourse to high seas to move to safer places and recent reports of Tamil refugees taking to high seas to reach Australia a signatory of 1951 refugee convention and the recent announcement on 9 April 2010 by the Australian Government not to take in Afghan and Sri Lankan Tamil refugees points to certain complex issues of refugee protection of those being intercepted at high seas.

Mark Davis (2010) 2 drawing from a recently published paper by Parliamentary researchers Janet Phillipes and Harriet Spinks that chronicles three decades of attempts to deter asylum seekers from entering lawfully in to Australia. “In 1978 the Fraser Government approached regional Government to hold vessels in transit so that claims could be processed while asylum seekers were in refugee camps. In 1982 the Liberal Party’s moderate Immigration minister, Ian Macphee, introduced individual determination of asylum claims to ensure only “genuine” refugees were admitted. In 1983 the newly elected Hawke Government endorsed a plan by the UN High Commissioner for Refugees for “durable solutions” to the Indo Chinese refugee problem which made resettlement in countries such as Australia a last resort. In 1992 the Immigration minister, Gerry Hans, from the Victorian ALP’s Socialist Left, introduced mandatory detention for all non-citizens in Australia without a valid visa. From 1999 Howard Government tightened policy by introducing temporary protection visas for asylum seekers found to be refugees after arriving unlawfully”. These visas were valid for three years. In 2001 John Howard adopted the Pacific Solution by sending the unauthorized arrivals to Nauru and Papua New Guinea while their asylum claims were processed. The Rudd Government ended the Pacific Solution in 2008 and announced that all future arrivals would be processed on Christmas Island. The Christmas Island detention centre – built for 800 people were holding about 1,500 in tents and buildings according to reports in April 2010 3.
The recent cases of Sri Lankan Tamil refugees being intercepted near the Indonesian Coast and most of them wanting to seek asylum in Australia and the Australian Government’s refusal to process asylum applications of Sri Lankan Tamil refugees and refugees from Afghanistan came at a time when 70 people the Australian navy rescued 70 people from a sinking boat in Australian waters in the Indian Ocean. According to the news reports “The passengers, who said they wanted to come to Australia, would be the last allowed to file refugee claims with Australia under the new standards”. The United Nations refugee agency said it would review Australia's decision, which it said was made independently of the agency's assessments of the situation in those countries."We are currently examining Australia's announcement, particularly with regard to issues around the detention of vulnerable persons and the provision of social support for those asylum seekers subject to this suspension," said Richard Towle, UNHCR regional representative for Australia, New Zealand and the Pacific”.

In the light of these cases various issues come up: despite being a signatory to the 1951 Refugee Convention, the suspension of asylum applications for Sri Lankan Tamils and Afghan refugees are a clear signal that no matter out how desperate are people are to flee through “illegal” means; risking their lives for a better future, protection mechanisms devised are not sufficient to grant them “legal” status. It is time that the international protection mechanisms available under such circumstances and the practices adopted by signatory states are closely monitored by the international community to avoid such arbitrary policies of protecting the victims of forced migration – the refugees.
---------------

1.“Australia refuses Tamil refugees” in http://news.bbc.co.uk/2/hi/asia-pacific/8329420.stm; Accessed on 17 May 2010
2.Davis, Mark. “Long history of hardline rules to stem asylum boats” in The Sunday Morning Hearld, 10-11 April 2010
3.Australia stops accepting refugee claims from Sri Lanka and Afghanistan, 9 April 2010 in http://www.guardian.co.uk/world/2010/apr/09/australia-refugees-afghanistan-sri-lanka; accessed on 18 May 2010

Urban Areas and Displacement

The United Nations High Commission for Refugees (UNHCR) published its Urban Refugee policy, titled 'UNHCR Policy on refugee protection and solutions in urban areas' in September 2009. The policy, from the time it was first introduced in 1997, has undergone numerous changes. The policy needs to be understood in the ever changing context of globalization where we witness rapid urbanization but also the fact that a large number of refugees live in urban areas as against the camps.

The objective of the policy is two fold, to 'ensure that refugees in the urban areas are protected and have access to basic necessities such as health care, shelter, protection from detention, arbitrary arrests, harassment and discrimination, legal protection, opportunities to work, have a good relationship with the local population and can benefit from voluntary repatriation, local integration and resettlement' and to 'ensure that the opportunities for the above rights to be fulfilled is made available to refugees by UNHCR and its Implementing partners' (from the Policy Document). It focuses on refugees in the urban areas in developing and middle-income countries and is covers both refugees who have been recognized by UNHCR and those that are not.

The latest Issue of the Forced Migration Review published in February 2010 focuses on displacement in urban areas, is titled 'Adapting to Urban Displacement'. As the title suggests, this is broader than relatively narrower issue of refugees and their protection in urban settings.The articles address some of the practical and policy issues that urban displaced people face and that affect providers of the support. They also reflect the diversity of analysis and geography, covering East Asia, Latin America, Europe and the Middle East.

Mumbai Human Development Report 2009

Migrants are a sensitive political issue in Mumbai, with regional political parties, the Shiv Sena and the newly formed, the Maharashtra Navnirman Sena holding that Mumbai is for Maharashtrians. The debate is an old one, with several of the migrant population from Bihar, Uttar Pradesh, Karnataka and others being targeted for flooding the City at different points in time. Migrants have been held responsible, among others, for the local Maharashtrians losing out on jobs, in leading to burden on the civic infrastructure. These debates about Mumbaikaras and non-mumbaikars have often led to the question of who's city is Mumbai? It is exactly this question that has also been asked in the Mumbai Human Development Report 2009 (MHDR), released in October 2009 the Ministry of Tourism and the Ministry of Housing and Urban Poverty Alleviation, Government of India. Done in collaboration with academicians, government officials, researchers and practicioners, the Mumbai Human Development Report also holds the distinction of the first ever report published by the Urban Local Body, the Municipal Corporation of Greater Mumbai.

In a context where urbanization is gaining ground as an important area of study and practice owing to the fast pace in which urban centres are evolving, the MHDR focuses on urbanization, the growth of Mumbai over the last few decades and in this context, accounts for the population trends, education, livelihood, health, the quality of life and slums in Mumbai.

It notes, that according to the 2001 Census, the percentage of the migrant population has decreased from 64 per cent about 40 years to 43%. The increase in population has been attributed to not only migration from within and without Mumbai but also to 'natural increase' – that is, 'a combination of fertility rates and the balance of births over deaths'. It further notes that a third of the migrant population is from within Maharashtra. Secondly, that the migrants in most cases live in the slums, the influx guided by two facts: the push factor which operates in the rural areas of other parts of the country sends them to Mumbai. The pull factor is the livelihoods possible in Mumbai. It makes a clear point that Mumbai is not a preferred destination for residence but only for livelihood opportunities. That is because most migrants at the lower end of the economic strata head for the slums. The slums, according to the 2001 Census, houses, on about 7-8 per cent of Mumbai's land, 54.1 per cent of the city's population in conditions that are hellish, worse than what they tried to escape from their villages. That accounts for close to 60 lakh people in slums, of at least one of two Mumbai residents striving to sustain themselves there. There is no other city with such comparable proportion of people in hovels. The Report goes on to describe Mumbai as 'migrant-friendly' for the opportunities of employment it provides and acknowledges that 'migrants have a share in its economic growth'.

The Mumbai Human Development Report 2009 is a mine of information on not only the recent trends in urbanization in India but also helps reflect on the the question of identity and citizenship in the context of Mumbai.

For the Report, refer hdr.undp.org/en/reports/nationalreports/.../Mumbai_2009_NHDR_EN.pdf

Tales of Agony from Relief Camps of Western Assam

Urmimala Sengupta

[This write up is a part of a study on a project titled” An initiative for peaceful co-existence: a look into the conflict profile in the bodo heartland and capacity building needs among the displaced populace in bodoland territorial autonomous district council” sponsored by National Foundation for India. ]

The conflict in BTAD area threw open, the flood gates of challenges to the affected lot in general and more particularly to the most vulnerable section of the society i.e. women and children. More than a decade has passed since the conflict took place in May 1996 and May 1998 but a large number of the victims belonging to both Bodo as well as Adivasi community continue to live a life devoid of any access to basic services such as health and education, coupled with continuous state of acute fear and uncertainty about future.

According to, “Action Plan for Rehabilitation of the Refugees, 1993, 1996 and 1998 Ethnic Violence”. Kokrajhar (1998) in May 1996 a total of 42,214 families consisting of 202684 persons were rendered homeless. And these displacees were sheltered in 61 relief camps. The report further states that the resumption of the conflict in May 1998 added to the number of displacees. Out of 48,556 families consisting of 3, 14,342 persons who were displaced from their native places, a total of 34,3,48 families consisting of 2, 19,108 inmates were sheltered in 63 relief camps in Kokrajhar and Gosssaigaon area.

Presently the number of relief camps in the BTAD area stands at thirty three (33). The total population of the relief camps as per government records is seventy one thousand six hundred and thirty (71,630). Out of the existing thirty three (33) relief camps the team research tried to visit as many camps as was possible. A total of twenty three (23) relief camps were visited during the course of the study.

The camp listed in table 5 and 6 were visited since August 2007.▄
Table: 5

Sl. No. Names of the Relief Camps District/ Circle
1 Joypur Kokrajhar revenue circle
2 Bishmuri Kokrajhar revenue circle
3 Vety.Complex,Bengtol Sidli – Chirang revenue circle
4 Joypur (A) Kokrajhar
5 Joypur (B) Kokrajhar
6 Bishmuri (B) Kokrajhar
7 Runikhata & Bhurpar Sidli-Chirang
8 Serfunguri (SATC) Gossaigaon
9 Hazarkia Gossaigaon
10 Golajhar Gossaigaon
11 Bhumka-Maligaon Gossaigaon
12 Santipur Gossaigaon
13 Kachugaon Gossaigaon (Encroacher)
14 Sapkata Gossaigaon (Encroacher)
15 Hakama Gossaigaon
16 Alengibazar Kokrajhar
17 Anthiabari - Tinali Kokrajhar


Table : 6

Sl No. Partly Rehabilitated Camps District/ Circle
1. Patgaon(Adivashi) Gossaigaon
2. Deosri(B) Sidli-Chirang
3. Alengibazar Gossaigaon
4. Dhanpur(Karigaon) kokrajhar
5. Athiabari-Tiniali Gossaigaon
6. Simbergaon Kokrajhar


The following section will deal at length with the many difficulties faced by children youth and women living in the camps. During the course of the study it was observed that the conflict which brought along the pangs of displacement had some direct effect on the education, nutrition and health of the children, youth and women.

1.1 Education

Backdrop

Prior to the conflicts too the education scenario was not satisfactory. Nevertheless, villages in the area had excess to at least primary and at many places secondary schools. But the functioning of the existing schools began to be hampered as the Bodo movement changed its techniques and started taking resort to violence and bandhs (closure of schools, colleges, offices and business establishments) for achieving its goal. Owing to frequent bandhs in the area schools as well colleges were unable to cover their syllabus on time. This backlog became an obstacle for many who desired to further pursue their studies elsewhere.

Soon after the inter-ethnic clashes there was further deterioration in the over all educational scenario of the area. The following section accounts for the challenges, which some of the victims of the conflict continue to face even today.

Field Findings

One of the immediate effects of conflict on the education of the children is disruption/discontinuation of schooling. Here too the situation is not different. Soon after the conflict erupted, schools were closed down not for security reasons alone but also because schools were been used as shelters by those affected by conflict.

A sizeable number of young boys and girls living in the relief camps were school goers when the unfortunate incident took place. The conflict which was followed by displacement, to be more exact continued displacement did not give them any chance of resuming their studies. However, Runikatha - Bhurpar camp is among few camps which have access to government school. The school is in fact situated at a stone throw distance from the camp but the children of the camp are unable to avail the benefits of education. The research team was surprised to come across children who were in standard II and III but were not in a position to recognize alphabets from their text books. Explaining the reason as to why children could not recognize the alphabets Dara Kisko an elderly camp inmate said,

“They cannot learn anything, their teacher speaks in Assamese and they do not understand Assamese. We can speak in Assamese because we had Assamese friends and neighbors. But these children grew up speaking only their mother tongue. They just go to school for the sack of it.”

Since the children from this Adivasi camp speak only Adivasi languages (Santhali, Orang etc.) they fail to comprehend the medium (Assamese) of instruction and the language of their teachers who speak in Assamese. Hence, they lack interest in their lessons and most of them end up learning nothing.

According to UNICEF report on the “The State of the World’s Children 2001”, the period from birth to three (3) years age is a very crucial period in a child’s life. It says that this period “influences how the rest of childhood and adolescence unfolds” 1. However this important phase is more then often neglected by policy makers in this part of the world.

On a visit to Golajar camp in Gossaigaon which has a population of four thousand one hundred and seventy three (4,173) out of this the population of minors stands at

seventeen hundred (1,700), the research team noticed similar neglect on the part of the policy makers. Most of children in the camp aged between 2.5-8 yrs were playing with piglets and chicks. When the team expressed its surprise on the way the children were playing, Kunti Besra an old lady and grand mother of two of the children playing said:

“These piglets need supervision and our children need recreation, so I allow my grandsons to play with them. Otherwise in this place they have nothing else to do.”

Not only this, in the absence of any educational package that could allow the conflict-displacement induced school dropouts to resume their studies the number of frustrated, unskilled youth has reached an alarming level. The level of dissatisfaction among the young brigade could be well estimated from what an inmate of Vet. Complex Bangtol camp Sibu Besra, a 20 year old, high school dropout said:

“How can anyone think of going to school it such a situation. We could not come out of the horror of conflict, and attend schools. And after so many years I don’t want to study any more. Our lives will continue to be as it is. No one ever did any thing and they will never do any thing for us.”

This is not the voice of Sibu alone; his frustrations are echoed by his counterparts living in similar situation elsewhere. Dhiru Madri from Runikatha –Bhurbar camp echoes the sentiment of Sibu Besra. Madri says:

“I was in class 6 when the conflict took place. I was the brightest of my six siblings. My family had high expectations from me. But today everything has changed, I could not complete my studies, tell me who can study when there is constant fear and uncertainty. I could not fulfill the expectations of my family. I have no work here so I and my friends loiter around the whole day.”

The position of girl child and her accessibility to education needs a special mention here. During the conflict as well as in the post conflict situations girls not only lose their freedom of mobility; they also have to compromise on certain other spheres of life, education is one such sacrifice which is both expected and made mostly by the female child of the family. Bimla Murmu of Runikatha-Bhurpar camp is one such case. In spite of the easy accessibility of education, Bimla is not in position to avail it. When the researchers enquired as to why Bimla did not go to school. She said:

“How will I go to school, my mother has gone out to work and I have to look after my siblings and my ailing grandmother. My father died few years back. He died of dysentery.”

However in camps like Kasugaon the education scenario is not as deplorable, thanks to the initiatives taken by Lutheran World Service (LWS). Rupa Tiru’s success is a testimony of healthier education environment that prevails in Kasugaon camp. Ms. Tiru a standard X student harbors a positive attitude towards life. She says:

“I know there are many problems in our lives but I think if I study well things will change for better, Even our teachers say so.”


When she was asked about her aim in life she promptly replied that she wanted to be a teacher. Braving the daily hazards of camp life Ms. Tiru attends her classes regularly and she was found to have command over the subjects taught to her. English been her favorite subject she un hesitantly recited some lines from Robert Frost’s poem, “Stopping by the Woods on a Snowy Evening”

“The woods are lovely, dark and deep,
But I have promises to keep.
And miles to go before I sleep.”

However, the research team learned from the elderly persons of the camp that the school service provided by LWS would end in 2007. Besides the ray of hope which was more than evident in the bright eyes of young Rupa, the overall education scenario in the camps in BTAD area wears a gloomy look

1.2 Health and Sanitation

The boons of popular health schemes like National Rural Health Mission (NRHM) are yet to be received by the relief camp dwellers. Most of the camps do not have access to health care centers. However, Vet. Complex Bangtol camp, which shelters five hundred and twenty eight (528) inmates, is an exception. The health center of the area is situated just opposite to Bangtol Vet. Complex camp. But surprisingly the camp dwellers prefer quacks to doctors and indigenous herbs to medicine. When the team desired to learn as to why things were so, the president of the camp Damu Besra informed the research team,

“When anyone in the camp falls sick they don’t go to the health centre, because there is no medicine there. So, the inmates prefer to be at home rather than going to the health centre. The health centre staffs suggest us to buy medicines from market. Tell me what is the use of going there?”

Moreover, the nutrition level of the inmates needs a thorough study. Presently the camp inmates are entitled to ration for only 10 days in a month. The ration consists of only rice. There is no especial consideration for pregnant women or growing children. Biru Hasda from the same camp complains:

“In a month we get ration for 10 days only. An adult gets 600gms and children get 400gms of rice. We don’t have any means of livelihood here. Some inmates fish from the nearby lakes, pond etc. Some work in small business establishments. This is how we have been surviving all these years. No one thinks for us. When you return to the city please tell someone to help us.”

Not only this, as a matter of fact pregnant and lactating mothers did not receive adequate attention and care in the relief camps, during the months immediately after conflict. Sukumari Hasda ex-secretary of Adivasi Mahila Samity (AMS) speaks about the hazards that she and her colleagues had to take while lobbying for baby food for the new born. Ms. Hasda said:

“Expecting mothers ate nothing for days, so you can imagine the condition of babies born out of hungry mothers. These women were not in a position to feed their new-born. I am a women I could understand the condition of the mothers. So, our samity decided to do something for the new borns. Some of us even went to Dispur so that the babies have something to eat. The situation was so tensed but keeping aside all our fear we visited the administration, and ultimately baby foods were supplied to camp inmates.”

Complications during pregnancy, childbirth, claimed many lives. Narration from an eye witness of one such incident follows. Tikhri of Vet. Complex Bangtol camp said:

“Immediately after the conflict, many women had to give birth to children in the open, without any medical attention or help from mid-wives. I myself have seen a lady wailing during her labour pain, but there was no one to help her and she ultimately died. I will never forget this incident in my lifetime.”

Decades have passed but little has changed and child birth continues to take place in the dingy, unhygienic dwellings of the inmates. Vet. Complex Bangtol is not the only exception, this trend can be observed in other camps as well. However the reason for this varies. For Bangtol camp inmates the nearby health center do not have adequate health facilities to assist during child birth, according to Bismuri camp inmates the health machineries are situated too far to be accessed by a women who is undergoing labour pain. This is what Sundari Tiru had to say:

“Doctors have never visited us, though a sign board reads nearest health centre Patgaon, but we don’t go there, it is too far for us. Even male inmates who fall sick cannot go to Patgaon. How can a pregnant woman go? When we fall sick we visit pharmacists in Bismuri area. And there are dhai maa’s (mid-wives) to assist us during child birth.”

Besides this at many other camps like Hazarkia, Golajhar, Bhumka-Maligaon the inmates were found to be unaware of schemes under NRHM which gives incentives to the mother for delivering child in government health centers.

WHO defines health as, a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity 2. Mental wellness refers to a positive attribute, such that a person can reach enhanced levels of mental health, even if they do not have any diagnosable mental health condition. This definition of mental health highlights emotional well-being, the capacity to live a full and creative life, and the flexibility to deal with life's inevitable challenges 3.


Going by the above definitions the inter-ethnic conflicts not only affected the victims physically, it also posed serious threat to victims’ mental health. Direct exposure to violence may result in acute psychological disorder. Conflict victims are vernarable to some of these long term psychological effects like lack of concentration, depression, anxiety etc. the research team came across such cases of conflict related psychological problems.Surprisingly it was found that there is no provision to help victims of conflict who were battling to come out of conflict related shocks. Tuli Besra, aged 80, an inmate of Bismuri camp is one such case. As per government records, the total population of the camp is two thousand three hundred and thirty four (2334). Ms. Tuli was found to be too shocked to narrate her pains. Her, son Mangal Murmu narrated the reason behind his mother’s silence –

“Don’t ask her anything she will not reply. She has stopped talking since that fateful day when twenty (29) members of our extended family were killed. She was witness to some of the killings. And since then she hardly talks.”

The difficulties faced by these camp dwellers are many however the problems faced by women and young girls have a different dimension which often goes unaddressed. In the initial days the relief camps did not provide for the much needed private space for the female inmates. Not only this, female inmates had to compromise on such bare necessities like maintenance of hygiene. Kamli Tiru (name changed) from Kasugaon relief camp where the number of female inmates is one thousand eight hundred and ninety eight(1,898), shares with the researchers the kind of adjustments that she and other females of the camp made during their menstruation period:

“We ran out of our homes without carrying anything. I could not find anything in the relief material which could help me to maintain minimum hygiene during those days, not even a piece of cloth. With no other option I started looking for some sort of isolation where I could site the whole day. Others also did the same. Please, don’t remain me of those horrible days.”

More then ten years down the lane females in the camps continue to be devoid of their ‘space’. The study found that there were no provisions of latrines for the inmates of the camps. Even today they continue to attend to nature’s call in the open or near the banks of rivers or streams. Simri Tudu from Bhumka-Maligaon says :

“During the day time we manage to go to the nearby woods. But at night we cannot go too far. So, at night we look for isolation and sit wherever possible.”

Though, these camp dwellers survived the inter-ethnic clashes. But their struggle for life continues to these days. Their biggest enemy today is – hunger, unemployment, and lingering fear of an unsecured future.

_______________________________________
▄ Some of the camps have been visited more than once.
1. http://www.unicef.org/sowc01/
2. http://www.who.int/about/definition/en/print.html
3. http://en.wikipedia.org/wiki/Mental_health

‘The Chittagong Hill Tracts; living in a borderland’- Willem van Schendel, Wolfgang Mey& Aditya Kumar Dewan.(The university press limited, Dhaka,2001)

Sucharita Sengupta

The book entitled ‘The Chittagong Hill Tracts; living in a borderland’ written by Willem van Schendel, Wolfgang Mey & Aditya Kumar Dewan explores a theme of neglect- to quote the authors- “…the Chittagong Hill Tracts form part of one of Asia’s most ignored regions” (Introduction), a story of marginalization of communities and yet another saga of partition politics. The Chittagong Hill Tracts (CHTs) are perhaps one of the most glaring examples of how certain communities are still bearing the brunt of colonial rule followed by the partition of India. The authors trace uniquely the insecurities, identity crisis and dilemmas of communities living in the borderland. The CHTs are a borderland between Burma, India and Bangladesh which is inhabited by almost twelve distinct ethnic groups with strong cultural links to South East Asia. At the outset the authors make it very clear that they have employed photography as a methodology to study their subject. Although a photographic survey of the CHTs was ordered as part of this project, the authors have relied largely upon personal photographs to weave their arguments. Covering around 20 chapters the book manifests the struggle of the inhabitants to retain their indigenous identity amidst shifts in political control and cultural infiltration. It does not narrate the conflicts but rather focuses on the background that gave birth to the schisms.

The introduction begins with a claim of the authors that the book is solely based on a singular non written source of information which is photographic survey. Over 400 photographs have been used in the book to provide the readers an insight into the cultural heritage of the inhabitants. In fact it was a deliberate move on part of the writers since photographs can be considered as potential contributors to the understanding of history. The authors however do not deny the risk of doing so. In Chapters one and two they acknowledge this fact by stating that objective photography reflects reality in a controlled way. This point has been substantiated by images (Plates 1 and 4 in Pg 11) where it is shown how physical anthropologists have displayed people by making them stand in attention ready to be scrutinized. With the dawn of the 20th century thus the “trust in the objectivity of photography began to decline”(Pg-13) for fear of manipulation of visual image. Things started to look up from the 1970s with the emergence of visual anthropology. Now onwards ethnographic photographs started to be scrutinized as source materials of history. This book therefore bears testimony to how photographs can be used as a means to document the complexities of a trouble zone like the Chittagong Hills. The photographs were meant for personal use and therefore the authors had taken a lot of pain to compile and present them in the several chapters of this book. The photographs were taken by both the outsiders like travelers, anthropologists, missionaries and also by the inhabitants. The ones taken by the local people were mainly used to record family events. The authors here again warn the readers of how in absence of written materials one tends to depend on personal judgments. Like in the case of this book, the authors have used photographs and framed them with contemporary texts. While in certain cases the value of the photographs has been selected, in others focus has been given on what these photographs depict in terms of reality.

Chapters three to six deal with the history and nomenclature of the Chittagong Hills and the transition of control from one authority to the other. One of many instances can be sighted here to show how images have been used in the text. Like through some images the authors have tried to show how the chiefs in the hills used to dress up publicly in unique style, each distinct from the other. While the Chakma Rajas (plates 22, 23 & 24-Pgs 36, 37) liked to dress up like Bengali aristocrats, the Bohmong and Mong chiefs chose a different style.

In the subsequent chapters the authors sketch a brief history of the hills. Before the British annexation the hills were ruled by the ‘chiefs’. After the British took control in the 1860s the chiefs’ public display of power became restricted and although the hereditary system to power was still practiced the final say on the matter rested upon the colonial rulers. The authors here also note why at all the history of the hills were crafted by historians. The Chittagong Hill tracts never gained much prominence in the history of Bangladesh or Pakistan for that matter. It was not until an armed rebellion broke out between a regional political party and the Bangladeshi armed forces that historians began to eye the region with interest. Through a wide range of images, the book narrates the background of the genesis of the problem in the hills. The lives of the local people were always at the mercy of first the British, then the Pakistan government and finally the Bangladesh government after 1971. In 1947 with the end of the British rule India was partitioned into India and Pakistan. Much to the surprise of the people of the hills the area came under the domain of Pakistan control. The attitude of the Pakistan government towards the region was one of ignorance. While the government was interested in the rich natural resources of the region, the people were despised. All previous undemocratic measures like taxation and hereditary claim to power were retained by the new administration. This was the start of differences between the people in the plains and the hills. The authors meticulously sight not only the geographical but also the cultural division between the hills and the plains as another major cause of the problem of confrontation. While the plain was inhabited by the Bengalis, the hills were resided by several groups like the Chakma, Marma, Tripura, Mru and Taungchengya. The problem further mounted up and reached its zenith in forms of armed clashes after the creation of Bangladesh in 1971 following which the privacy of the hills were infringed upon due to a large influx of Bengali muslim settlers.

The final section of the book spans over the remaining twelve chapters. In this section the authors refute the pre-conceived myth of a romanticized lifestyle of the ‘natives’ in the hills which is ‘anti-development’. The locals were perceived by the westerners and Bengali settlers as innocent and nature friendly. This kind of a notion stems out again from a particularistic pattern of clicking the inhabitants. “Many photographs and writings on the Chittagong Hill Tracts project a vision of innocence and charm” (pg – 83). A sharp distinction was drawn in the images between the photographer (fully dressed and civilized) and the photographed (nude and uncivilized) like a semi nude woman is clicked spinning cotton (Pg-84, plate 89). The inhabitants were assumed to be associated with notions like ‘backwardness’, ‘uncivilized’, and ‘anti modern’. The visitors took pleasure in painting the ‘other’ culture as “looseness of morality” (pg-95), which never existed. ‘Nudity’ further contributed to creation of such a strange construction. Fanaticized open sexual life and nakedness have been the constant point of reference of visitors to the hills. The glorification of natural beauty again had an inherent implication that brands the people of the hills as ‘primitive’. Thus the Pakistan government was clear in its developmental endeavors in the hills which deprived the local people at large. The creation of the huge Kaptai reservoir by the government was a catastrophe as it floods around 650 sq kms of valley displacing around 100,000s of people whose houses and villages were submerged. So development in the hills was never attempted at doing well for the people rather it was development for the people neglecting the people.

To sum up, the book is an excellent documentation, probably the first of its kind to record the poignancy in the lives of the people of the hills trough images. The authors succeed in driving home certain key arguments, in particular the criticism of the construction of the ‘other’. They also put forth arguments on why they have decided to choose photography as a method in the book. The dearth of written materials and not so helpful archives shaped their decision. The ‘introduction’ and ‘conclusion’ encapsulate perfectly the introspection of the writers. The book also stands out because it argues each contention through images and the plethora of images that have been used in the document itself are unparalleled. The book would surely be of immense help to researchers interested in this subject as it covers a wide array of issues in the borderland, ranging from the early history of the region, to the fallacious developmental policies of governments resulting in violent clashes and also for throwing light on themes like how a notion of ‘other’ is always considered backward, opposition of civilizations and creation of a westernized notion of ‘modern’ and ‘primitive’. Any culture which does not match up with the accepted notions of developementalism and modernity is necessarily ‘uncultured’ and ‘anti-modern’.

The Anguish will Continue……………..

Sivaprashanthi. Thambaiah ( Shanthi)

[Translated by : Sarvarakshani. Thambaiah ( Rakshi) ]

Didn’t see my mom’s face
Didn’t touch my dad’s hands
Didn’t eat from my sister’s hand
Didn’t get sweets from my brother
I’m crawling on the dust
Of a refugee camp……..

The coconut in our garden
Never bowed its head
It had coconuts left
No matter how many you pluck

We ate only on the tip of the banana leaf
With much delight and pride
The rice that was brought from our own field
(Tip of the leaf is considered to be special and given only to heads of the family or on very special occasions)

Five kinds of pittu (a meal made from rice flour)
Fish gravy prawn gravy
Crab neththeli (a small variety of fish, commonly cooked in villages)
Every thing that flies and crawls
What did I miss?

The smell of ghee
From our village egg plant (gravy)
will stay on our hands for two days

This much happiness
We lost all now
I’m all alone………..

My machchal (cousin) from Canada spoke
But I couldn’t understand
She said ‘chips’ she said ‘bakers’
The rice I got in the camp from the charities
Is very hot, the egg plant is too spicy
My dear Canada Machchal (cousin from Canada)
Can you ask my Maami (aunt) to send me
A spoon of milk curry (a spoon- colloquial way of saying ‘little/some’)

In the pictures my priyamma mahan (cousin brother) sent from London
I see a big house and a car
But my Anna’s ( elder brother’s) push bike
Has gone into pieces in the shelling
But don’t send us a bike
Anna (elder brother) has no legs to ride

Periyappa!! (father’s elder brother) in France
Sithapppa!! (father’s younger brother) in Germany
periyamama !!(big uncle) in Switzerland
My mother used to boast
To the whole village….
My bothers shower their love at me
They send me money
They call me (on the phone) all the time
As soon as we get ‘Tamil Elam’
They say they are going to come here
I need to look for lands
To build two big houses

Periyamama!! Sinnamama!! (big uncle and small uncle)
My mother who stood alone
On behalf of you and I
To see the Tamil Elam bloom
Is lying dead on the ground
Will you come to pour milk???............. (Close relatives are expected to be present at the funeral to pour milk as the last rite/ritual )

The Flag

Sarvarakshanthi. Thambaiah

[Inspired by a photograph by a SriLankan blogger whose name unknown]

It was all like a bad dream
Of yester years
One fine morning
Peace has arrived

Peace has arrived
So we are told
so we believe
So we behave

The flag on the light post
One corner still tangled
No one notices
As the smoke form the crackers
Blinds the eyes

Collection of Literary Pieces on the Theme of Forced Migration

Mohamed Feroz Pakkeer Mohideen

Introduction

End of war does not mean end of displacement and its consequential effects. The displaced people are facing immense difficulties in the situation of displacement whether there in Relief camps or with friend and relatives.

Many people are lost their place of origin, the properties, family members and life with dignity and liberty. The relief and humanitarian assistance could be support them to recover few of the losses. Here some of the literary pieces express about the suffering of war and displacement.

ONE: A Poem from a School Child
Written by: Sivaramya SriChandran,Ramanathan Hindu Ladies College, Colombo-04

Can the Dead be Resurrected?

Even if you roll on the ground
Lose your senses,
And give out sounds of distress
Will human beings grow back from the field watered by your tears?
Will the dead be resurrected?

This is the karma of this birth
The soil of our country is wet with our blood
How many of countless lives and
Property that we have lost…

We lost our villages, our identities, our loved ones
Our kith and kin….
Fall on the ground like dried leaves
Will there be rains for these withered plants?
Will there be dawn for us?

TWO: A Poem from a Displaced Young Woman

This poem was published on a quarterly journal (April 2000) in Sri Lanka. Ms. Nasrin who was forcibly evicted in 1990 from North Province of Sri Lanka wrote it. She was expressing her suffering of forced displacement within the own country.

Un-Dawn Nights
Written by:Ms.Nasrin,Pravagam (April 2000) Quarterly Magazine, Sri Lanka

We were fled on that evening
from our houses, cottages ….
Without unwilling minds

Any one of us were not allowed
to take our cats and cattle, …..
Even our young ladies were scanned
Without bear any rings & trinkets…

The darkness of the night was covered our young girls,
The trees were feed us….
The moon was directed us…
But
The human only were not showing his kind upon us.

We were fled on that evening
from our houses, cottages ….
Without unwilling mind

Three: A Poem from School Child

Leaving My Birth Place, and My Home Town
Written by: Shamla Yusuf,Muslim ladies College, Colombo

My happiness and sorrows
Triumph and loss
Friends and families
bidding goodbye to all
No more joy in my life
All I have is a ragged old bag and sweet memories
Why am I a refugee in my own country?
Why am I scared of my own people?
Why should I suffer in hunger and thirst?
The hunger for peace and thirst for happiness?
Is this what life is all about?
Then why should I live?
When I say this now
Hits me a gun shot
and I lay there in tears on the truck
a boy sees me and feels the same

Four: A Poem from an Inhabitant Child

We Need True Peace
Wrritten by: Ramyahasini Wijieyakumar,Vadivambika Tamil Maha Vidiyalayam, Chilaw, Sri Lanka

These arms have never bagged
Even though they were poor
(now) they have not only been made to bag
But have been made to cry in despair

Isn’t our soil one which has seen
Hard work and education?
Is it not fate that made (us)
Beg from all and sundry?

We don’t want dry rations
We want true peace
Even if old age overtakes
We first want peace

We need it so that
At least our future generations can live relived -
What is the cost of independence?
This is the situation of the people of the peninsula

Five: A Story

People Who are Hoodwinked by War
Written by: Kusala Chamari,Wejieratne Swarnapala Girls School, Anuradhapura, Sri Lanka

Even in our dreams we did not imagine this will happen to us. Our Chena cultivation has been destroyed, rendering us poor. Our lives and our children’s lives are endangered due to the war. We exported rise during the reign of king Parakrama, but now we are reduced to begging in the camps. This situation was so unexpected. We recollect our past when we were together, with tears strolling down our cheeks. But there is no one to wipe these tears away.

War destroyed everything. Need to overcome this situation. We need food and we need peace of mind. Will we even see the peace bird fly in our skies?