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Jurist Myanmar announces bilateral Rohingya repatriation as ICJ genocide case continues

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Dadparvar

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Nov 11, 2016
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Myanmar announced on Saturday that it had undertaken steps to receive Rohingya refugees from Bangladesh and will continue working with the country to support the return of those it verifies as former residents of Rakhine State, maintaining that the repatriation process should be handled primarily as a bilateral matter between Myanmar and Bangladesh, and not as an international issue.

Their press statement further suggests that international media have given a one-sided or inaccurate portrayal of the displacement crisis. Myanmar attributes the crisis to coordinated attacks by the Arakan Rohingya Salvation Army (ARSA) against security forces in October and November 2016 and August 2017, saying the military responded with counter-terrorism operations. Myanmar claims that more than 740,000 “Bengalis” lived in parts of Rakhine State before the 2017 violence, with about 540,000 fleeing to Bangladesh and more than 200,000 remaining in Myanmar.

It therefore rejects claims that more than one million people were displaced from Rakhine State. Myanmar also disputes that everyone in refugee camps in Bangladesh came from Myanmar and rejects the use of the term “Rohingya” to describe the group because they argue that the ethnic identity is not recognized in Myanmar. These are positions advanced by Myanmar and remain disputed.

In recent months, Bangladesh has continued to call for a solution to the crisis as it hosts a large number of Rohingya refugees. Bangladesh has also urged the UN and other countries to provide more reliable funding and support to countries that host large refugee populations. That said, Bangladesh is not the only country affected by the crisis. Malaysia, located just southeast of Myanmar, expressed concern over the prolonged displacement of the Rohingya. Malaysia commended Bangladesh for its humanitarian efforts in hosting forcibly displaced Rohingya and reaffirmed its support for a lasting resolution based on their repatriation to Myanmar.

The human rights concerns facing the Rohingya date far back. The Myanmar 1982 Citizenship Law created a citizenship system based largely on membership in recognized “national races” considered to have settled in the country before 1824, the start of British colonial rule. The Rohingya were not included among the 135 recognized ethnic groups, despite generations of residence in Myanmar. The law also required applicants for naturalized citizenship to provide conclusive evidence of residence in the country before January 4, 1948, a requirement that has been criticized for leaving many Rohingya without recognized citizenship.

A UN fact-finding mission found consistent patterns of serious human rights violations in Rakhine State and concluded in 2018 that many of the violations amounted to crimes under international law, including genocide, crimes against humanity and war crimes.

In 2019, Gambia, on behalf of the Organisation of Islamic Cooperation’s 57 member states, brought proceedings against Myanmar before the International Court of Justice (ICJ), alleging violations of the 1948 Genocide Convention. In January 2020, the Court ordered Myanmar to take measures within its power to prevent acts covered by the Convention and preserve evidence. In 2022, the Court rejected Myanmar’s preliminary objections, therefore allowing the case to proceed. In January 2026, the Court began deliberating, though it had not yet issued a final judgment.

The post Myanmar announces bilateral Rohingya repatriation as ICJ genocide case continues appeared first on JURIST - News.

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