ILLEGAL INCURSION FROM MYANMAR TO INDIA
Recently, the Ministry of Home Affairs (MHA) has directed Nagaland, Manipur, Mizoram and Arunachal Pradesh to check illegal influx from Myanmar into India. The instructions have also been given to Border Guarding Force (BGF), i.e. Assam rifles. India already has a lot of Rohingya migrated from Myanmar. India, treats all refugees entering the country as illegal immigrants. In 2020, it was estimated that 40,000 Rohingya refugees lived in India, scattered across different states.
MHA’s Instructions: The State governments have no powers to grant “refugee status to any foreigner” and India is not a signatory to the United Nations Refugee Convention of 1951 and its 1967 Protocol. Similar Instructions were Issued in August 2017 and February 2018.
BACKGROUND OF THE ISSUE
Recently, the Myanmar military has grabbed power in a coup - the third time in the nation’s history since its independence from British rule in 1948. A one-year state of emergency has been imposed and democratically elected leader Aung San Suu Kyi has been detained. ‘Coup’ is generally described as a sudden, violent, and illegal seizure of power from a government.
About the Military Coup: In the November 2020 parliamentary election, Suu Kyi’s party National League for Democracy (NLD) secured the majority of the seats. In the Myanmars’ Parliament, the military holds 25% of the total seats according to the 2008 military-drafted constitution and several key ministerial positions are also reserved for military appointees. When the newly elected Myanmar lawmakers were to hold the first session of Parliament in 2021, the military imposed a state of emergency for one year citing massive voting fraud in the parliamentary elections.
Global Reaction: China: ‘All parties in Myanmar will properly handle their differences under the constitution and legal framework to maintain political and social stability’.
- USA: The USA President threatened to reimpose sanctions on Myanmar following a coup by the country’s military leaders and called for a concerted international response to press them to relinquish power.
- ASEAN Countries: ASEAN’s current chair, Brunei, called for ‘dialogue among parties, reconciliation and the return to normalcy’. Singapore, Malaysia and Indonesia expressed concern, while Thailand, Cambodia, and the Philippines noted that this was Myanmar’s ‘internal affair’.
- India’s Reaction: India supports the process of democratic transition in Myanmar. Though India has expressed deep concern over recent developments in Myanmar, cutting off from the Myanmar military is not a viable option as India has significant economic and strategic interests in Myanmar and its neighbourhood
INDIA-MYANMAR BORDER SHARING
India and Myanmar share a 1,643 km border and people on either side have familial ties. Mizoram shares 510-km. Manipur shares 398-km. Arunachal Pradesh shares 520 kms. Nagaland shares 215 kms The border along the four states is unfenced and porous.
Free Movement Regime: A Free Movement Regime (FMR) exists between India and Myanmar. Under FMR every member of the hill tribes, who is either a citizen of India or a citizen of Myanmar and who is resident of any area within 16 km on either side of the Indo-Myanmar Border (IMB) can cross the border with a border pass (with one-year validity) issued by the competent authority and can stay up to two weeks per visit.
UNITED NATIONS REFUGEE CONVENTION: 1951
It is a United Nations multilateral treaty that defines who is a refugee, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. It also set out which people do not qualify as refugees, such as war criminals. It grants certain rights to people fleeing persecution because of race, religion, nationality, affiliation to a particular social group, or political opinion. The Convention also provides for some visa-free travel for holders of travel documents issued under the convention. The Convention builds on Article 14 of the Universal Declaration of Human Rights 1948, which recognizes the right of persons to seek asylum from persecution in other countries. A refugee may enjoy rights and benefits in a state in addition to those provided for in the Convention. The 1967 Protocol included refugees from all countries as opposed to the 1951 Convention that only included refugees from Europe. India is not a member of this convention.
CONCLUSION
India should continue to engage with the present regime in Myanmar working towards mutual development of people of both the countries while it should support sharing experiences in constitutionalism and federalism to assist Myanmar in resolving the prevailing stalemate.
QUESTIONS (1-5)
Q.1 Which of the following states of India is currently suffering from the illegal influx from Myanmar to India following the military coup in Myanmar?
- Manipur, Mizoram and Arunachal Pradesh: ANSWER
- Nagaland, Manipur, Assam
- Meghalaya, Tripura, Assam
- None of the above
Q.2 Which of the following statements is/are incorrect in the context of the Military led overthrown of Government in Myanmar?
- The Myanmar military has grabbed power in a coup - the fourth time in the nation’s history since its independence from British rule in 1948.
- The US President reimposed sanctions on Myanmar following a coup by the country’s military leaders and called for a concerted international response to press them to relinquish power.
- Only I follows: ANSWER
- Only II follows
- Both I and II are correct
- None is correct
Q.3 In the November 2020 parliamentary election in Myanmar, which of the following parties have secured the majority of the seats?
- Arakan National Party (ANP)
- Shan Nationalities League for Democracy
- National League for Democracy (NLD): ANSWER
- Union Solidarity and Development Party
Q.4 Which of the following statements is correct in the context of the legal nature of the Universal Declaration of Human Rights (UDHR)?
- The UDHR is a multilateral treaty
- The UDHR is a UN General Assembly resolution: ANSWER
- The UDHR is a UN Security Council resolution
- The UDHR is a declaration adopted by several States at an international conference
Q.5 In India, which of the following isn't included in the function of the National Human Rights Commission?
- To interfere in the proceedings related to any human rights violation case pending in the court
- Protecting the human rights of prisoners
- To provide Economic compensation to any human rights violation victim: ANSWER
- Promoting research in the field of human rights
