Page |1

CHAPTER – 1

1.1 Introduction

Illegal immigration is an illegal entry of a person, or a group or community in a

country’s border, the way it violates the immigration laws of the destination country,
for the harbour in that country. Living in another country illegally includes variety of
restrictions, as well as the risk of being deported and other kind of sanctions.

There has been various reasons for illegal immigration, such as trade liberalization,
poverty, denial of citizenship, etc.

In terms of the number of Illegal immigrants living in a country, India hosts the
largest number for any country in the world, with illegal immigrants from Bangladesh
alone numbering 20 million.1

Asylum seekers who were denied asylum may face impediment to expulsion, for
example if the home country refuses to receive the person or if new asylum reasons
occur after the decision. In some countries or cases, these people are considered as
illegal immigrants, and in others, they may get a temporary residence permit, for
example with reference to the principle of non-refoulement in the
international Refugee Convention. The European Court of Human Rights, referring to
the European Convention on Human Rights, has shown in a number of indicative
judgments that there are enforcement barriers to expulsion to certain countries, for
example due to the risk of torture.2

Terrorism, in its broadest sense, is the use of indiscriminate violence among the
innocent people used intentionally to create terror, or to instil fear to achieve a
political, financial, religious or any ideological aim. There is no commonly
accepted definition of "terrorism". Being a charged term, with the connotation of

1
Two crore illegal Bangadeshis living in India: Government, Nov 17, 2016
2
"Impediment to expulsion" in the European Court of Human Rights archive
 Page |2

something "morally wrong", it is often used, both by governments and non-state

groups, to abuse or denounce opposing groups.

According to the Global Terrorism Database by the University of Maryland, College

Park, more than 61,000 incidents of non-state terrorism, resulting in at least 140,000
deaths, have been recorded from 2000 to 2014.3

In relation to Rohingya crisis, it is turning out to be world’s fastest growing refugee

crisis. The Rohingya, who are numbered around one million in Myanmar at the start
of 2017, are one of the many ethnic minorities in the country. Rohingya Muslims
represent the largest percentage of Muslims in Myanmar, with the majority living in
Rakhine state. They have their own language and culture and they are descendants of
Arab traders and other groups who have been in the region for generations. But the
government of Myanmar, a predominantly Buddhist country, denies the Rohingya
citizenship and even excluded them from 2014 census, refusing to recognize them as a
person.

1.2 Research Objectives

1) To study about illegal immigration in general

2) To study about terrorism and its impact on the world.
3) To find a relation between illegal immigration and terrorism in the light of
Rohingya influx.

1.3 Literature Review

Books –

1) Laura Devine, Immigration Law, 1st edition, Thomson Reuters

This book is the jurisdictional comparison of the immigration laws, its rules
and its limitation in various countries as mentioned, complied along with
different authors. It provides careful guidance through the complex rules

3
“Global Terrorism Index 2015”. Institute for Economics and Peace. P. 33
 Page |3

relating to business immigration, including settlement and citizenship, impact

on family life and likely future developments.

2) Myra Williamson, Terrorism, War and International Law: The Legality of the
Use of Force Against Afghanistan in 2001, Ashgate

As by making the case against the legality of the use of force, this book
addresses the wide scope of terrorism and its meaning in international law, the
changing nature of conflict in 20th and 21st centuries and such evolution of the
League of Nations through to 2001. It also concludes through possible
implications for the use of force by states, particularly when it is justified on
the ground of self-defence.

1.4 Research Methodology

Given a study of this kind, this research project has been written using the doctrinal
or principled method of research, which involves the collection of data from
secondary sources, like articles found in journals and websites.

1.5 Source of Data

Accumulation of the information on the topic includes various secondary

sources such as books, e-articles, etc. The matter from these sources has been
complied and analysed to understand the topic in a better way.

1.6 Scope and Limitation

The project is an attempt to study illegal immigration, highlighted with

terrorism as a new study with the growing immigrants in other countries and their
plight of being kicked out of their own land. It also specifically recounts the
suffering of Rohingyas from Myanmar, and to bring out the relation of terrorism in
respect of the people migrating in various countries herein mentioned.
 Page |4

CHAPTER -2

2.1 Illegal Immigration

Illegal immigration is the illegal entry of a person or a group of persons across a

country's border, in a way that violates the immigration laws of the destination
country, with the intention to remain in the country.

Illegal immigration, as well as immigration in general, is overwhelmingly upward,

from a poorer to a richer country. Living in another country illegally includes a
variety of restrictions, as well as the risk of being detained and deported or of facing
other sanctions.

In terms of the number of Illegal immigrants living in a country, India hosts the
largest number for any country in the world, with illegal immigrants from Bangladesh
alone numbering 20 million.

Research on the economic effects of undocumented immigrants is scant but existing

studies suggests that the effects are positive for the native population,4 and public
coffers.5 A 2015 study shows that "increasing deportation rates and tightening border
control weakens low-skilled labour markets, increasing unemployment of native low-
skilled workers. Legalization, instead, decreases the unemployment rate of low-skilled
natives and increases income per native."

According to economist George Borjas, undocumented immigrants may have caused

the decline of real wages of US workers without a high school degree by 9% between
1980 and 2000 due to increased competition.6

4
Palivos, Theodore (4 June 2008). "Welfare effects of illegal immigration". Journal of Population
Economics. 22 (1): 131–144
5
"The Impact of Unauthorized Immigrants on the Budgets of State and Local Governments". 2007-12-06.
Retrieved 2016-06-28.
6
Borjas, George (2003). "The Labor Demand Curve is Downward Sloping: Reexamining the Impact of
Immigration on the Labor Market". The Quarterly Journal of Economics. 118 (4): 1335–1374
 Page |5

However, migration scholars such as Gordon Hanson and Douglas Massey have
criticized this view for being oversimplified and not accounting for contradictory
evidence, such as the low net illegal immigration from Mexico to the US before the
1980s despite significant economic disparity.7

Research also indicates that the advantage to firms from employing undocumented
immigrants increases as more firms in the industry do so, further increases with the
breadth of a firm's market, and also with the labour intensity of the firm's production
process. However, the advantage decreases with the skill level of the firm's workers.

2.1.1 Reasons for Illegal Immigration

1) Trade Liberalization –

In recent years, developing countries have pursued the benefits

of globalization by adopting measures to liberalize trade. But rapid opening of
domestic markets may lead to displacement of large numbers of agricultural or
unskilled workers, who are more likely to seek employment and a higher quality
of life by illegal immigration.

2) Poverty –

Undocumented immigrants are not impoverished by standards of the home

country. The poorest classes in a developing country may lack the resources
needed to mount an attempt to cross illegally, or the connections to friends or
family already in the destination country. Studies from the Pew Hispanic Center
have shown that the education and wage levels of illegal Mexican immigrants in
the US are around the median for Mexico and that they are not a suitable
predictor of one's choice to immigrate.8

7
Hanson, Gordon H. (April 2007). "The Economic Logic of Illegal Immigration. Report to the Council on
Foreign Relations"
8
Suro, Roberto (2 March 2005). "Survey of Mexican Migrants, Part One: Attitudes about Immigration and
Major Demographic Characteristics" (PDF). Pew Hispanic Center. Retrieved 11 December 2009.
 Page |6

Other examples do show that increases in poverty, especially when associated

with immediate crises, can increase the likelihood of illegal migration. The 1994
economic crisis in Mexico, subsequent to the start of the North American Free
Trade Agreement (NAFTA), was associated with widespread poverty and a
lower valuation for the peso relative to the dollar.[45] It also marked the start of a
massive swell in Mexican immigration, in which net illegal migration to the US
increased every year from the mid-1990s until the mid-2000s.

There are also examples where natural disasters and overpopulation can
amplify poverty-driven migration flows.

3) Overpopulation

Population growth that exceeds the carrying capacity of an area or

environment results in overpopulation. Virginia Abernethy notes that
immigration is a road that provides a "relief valve" to overpopulation that stops a
population from addressing the consequences of its overpopulation and that
exports this overpopulation to another location or country. Overpopulation and
its consequences is a bigger issue in developing countries.

4) Family Reunification in new country of residence

Some undocumented immigrants seek to live with loved ones, such as a

spouse or other family members. Having family who have immigrated or being
from a community with many immigrants is a much better predictor of one's
choice to immigrate than poverty. Family reunification visas may be applied for
by legal residents or naturalized citizens to bring their family members into a
destination state legally, but these visas may be limited in number and subject to
yearly quotas. This may result in family members entering illegally in order to
reunify.

5) Wars and Asylum

Unauthorised arrival into another country may be prompted by the need to

escape civil war or repression in the country of origin. However, somebody who
 Page |7

flees such a situation is in most countries under no circumstances an

undocumented immigrant. If victims of forced displacement apply for asylum in
the country they fled to and are granted refugee status they have the right to
remain permanently. If asylum seekers are not granted some kind of legal
protection status, then they may have to leave the country, or stay as illegal
immigrants.

6) Deprivation of citizenship

In a 2012 news story, the CSM reported, "The estimated 750,000 Rohingya, one
of the most miserable and oppressed minorities in the world, are deeply resentful
of their almost complete absence of civil rights in Myanmar. In 1982, the
military junta stripped the Rohingya of their Myanmar citizenship, classing them
as illegal immigrants and rendering them stateless."

2.2.2 Problem faced by Illegal Immigrants

Aside from the possibility that they may be intercepted and deported, illegal
immigrants also face other problems.

1) Lack of access to services

Illegal immigrants usually have no or very limited access to public

health systems, proper housing, education and banks. Some
immigrants forge identity documents to get the access.

2) Slavery

After the end of the legal international slave trade by the Europeans and the
United States in the early 19th century, the illegal importation of slaves has
continued, albeit at much reduced levels. For example, research at San Diego
State University estimates that there are 2.4 million victims of human
 Page |8

trafficking among illegal Mexican immigrants in the United States. 9 Although

not as common as in Europe, Asia, Africa and Latin America, some women are
smuggled into the United States and Canada.

People have been kidnapped or tricked into slavery to work as laborers, after
entering the country, for example in factories. Those trafficked in this manner
often face additional barriers to escaping slavery, since their status as
undocumented immigrants makes it difficult for them to gain access to help or
services. For example, Burmese women trafficked into Thailand and forced to
work in factories or as prostitutes may not speak the language and may be
vulnerable to abuse by police due to their undocumented immigrant status.

3) Kidnapping and Ransoms

In some regions, people that are still en route to their destination country are
also sometimes kidnapped, for example for ransom. In some instances, they are
also tortured, raped, and killed if the requested ransom does not arrive. One
case in point are the Eritrean migrants that are en route to Israel. A large
number of them are captured in north Sinai (Egypt) and Eastern Sudan and held
in the buildings in north Sinai.

4) Prostitution

Some people forced into sexual slavery face challenges of charges of illegal
immigration.

Since the fall of the Iron Curtain, Western Europe is being confronted with a
serious problem related to the sexual exploitation of undocumented immigrants
(especially from Eastern Europe), for the purpose of prostitution.10

In the United States human trafficking victims often pass through the porous
border with Mexico. In an effort to curb the spread of this affliction, California
Attorney General Kamala Harris and Mexico Attorney General Marisela

9
Looking for a Hidden Population: Trafficking of Migrant Laborers in San Diego County
10
Loncle, Francois (December 2001). "Eastern Europe Exports Flesh to the EU: The Natashi Trade".
Retrieved 4 March 2012.
 Page |9

Morales Ibáñez signed an accord in 2012 to expand prosecutions of criminals

typically members of transnational gangs who engage in the trafficking of
human beings between the two countries.11

5) Exploitation of labour

Most countries have laws requiring workers to have proper documentation,

often intended to prevent or minimize the employment of undocumented
immigrants. However, the penalties against employers are often small and the
acceptable identification requirements vague, ill-defined and seldom checked
or enforced, making it easy for employers to hire illegal labour. Where
the minimum wage is several times the prevailing wage in the home country,
employers sometimes pay less than the legal minimum wage or have unsafe
working conditions, relying on the reluctance of illegal workers to report the
violations to the authorities.

6) Injury and Illness

The search for employment is central to illegal international

migration. According to data from the U.S. Census Bureau, undocumented
immigrants in the United States often work in dangerous industries such as
agriculture and construction.12 A recent study suggests that the complex web of
consequences resulting from illegal immigrant status limits illegal workers'
ability to stay safe at work.13 In addition to physical danger at work, the choice
to immigrate for work often entails work-induced lifestyle factors which impact
the physical, mental and social health of immigrants and their families.

11
"Human Trafficking Victims Often Undocumented Immigrants, Transnational Initiatives Launch To Curb
Growing Trend". The Huffington Post.
12
Passel, Jeffrey S.; Cohn, D’Vera (2009-04-14). "A Portrait of Unauthorized Immigrants in the United
States". Pew Research Center's Hispanic Trends Project. Retrieved 2016-06-16.
13
Flynn, Michael A.; Eggerth, Donald E.; Jacobson, C. Jeffrey (2015-09-01). "Undocumented status as a social
determinant of occupational safety and health: The workers' perspective". American Journal of Industrial
Medicine. 58 (11): 1127–1137.
 P a g e | 10

7) Death
Each year there are several hundred undocumented immigrant deaths along the
U.S.–Mexico border.14 Death by exposure occurs in the deserts of
Southwestern United States during the hot summer season. In 2016 there were
approximately 8,000 migrant deaths, with about 63% of deaths occurring
within the Mediterranean.

CHAPTER – 3

3.1 Terrorism – its meaning and impact

Terrorism is, in the broadest sense, the use of intentionally indiscriminate

violence as a means to create terror among masses of people; or fear to achieve a
financial, political, religious or ideological aim.15 It is used in this regard primarily
to refer to violence against peacetime targets or in war against non-
combatants. The terms "terrorist" and "terrorism" originated during the French
Revolution of the late 18th century16, but gained mainstream popularity during
the U.S. Presidency of Ronald Reagan (1981–89) after the 1983 Beirut barracks
bombings and again after the attacks on New York City and Washington, D.C. in
September 2001.

There is no commonly accepted definition of "terrorism". Being a charged term,

with the connotation of something "morally wrong", it is often used, both by
governments and non-state groups, to abuse or denounce opposing groups. Broad
categories of political organisations have been claimed to have been involved in
terrorism to further their objectives, including right-wing and left-wing political
organisations, nationalist groups, religious groups, revolutionaries and ruling
governments. Terrorism-related legislation has been adopted in various states,

14
United States Government Accounting Office. GAO-06-770, August 2006.
15
White, Jonathan R. (1 January 2016). Terrorism and Homeland Security. Cengage Learning. p. 3.
16
"Terrorism". Encyclopædia Britannica. p. 3. Retrieved 2015-01-07.
 P a g e | 11

regarding "terrorism" as a crime.17 There is no universal agreement as to whether

or not "terrorism", in some definition, should be regarded as a war crime.

The Latin verb terrere means: to frighten.The English word 'terror', just like the
French terreur, derives from that Latin word and means from of old: fright, alarm,
anguish, (mortal) fear, panic.

Oxford English Dictionary reportedly states that the word 'terrorist'

(French: terroriste) was invented in the year 1794, during the French Revolution.
The first meaning of the word 'terrorist' was then: adherent or supporter of
the Jacobins.[18] Apparent from the context given in an article in the Guardian, the
indication 'Jacobins' in that Oxford definition bears on the group
around Maximilien Robespierre, also called 'Montagnards', that after 1794 were
held responsible by some commentators for the repressive and violent government
over France between June 1793 and July 1794, a period analogously labeled 'Reign
of Terror' by commentators. The given definition in Oxford Dictionary shows, the
term 'terrorist' in its first use was meant as abusive term for someone's political or
historical ideas or allegiances, not as description of his personal actions.

There are over 109 different definitions of terrorism. U.S. American political
philosopher Michael Walzer in 2002 wrote: "Terrorism is the deliberate killing of
innocent people, at random, to spread fear through a whole population and force
the hand of its political leaders".18 This meaning can be traced back to Sergey
Nechayev, who described himself as a "terrorist".19Nechayev founded the Russian
terrorist group "People's Retribution" (Народная расправа) in 1869.

But defining terrorism has proven controversial. Various legal systems and
government agencies use different definitions of terrorism in their national
legislation. Moreover, the international community has been slow to formulate a
universally agreed, legally binding definition of this crime. These difficulties arise
from the fact that the term "terrorism" is politically and emotionally charged.

17
Schwenkenbecher, Anne (13 August 2012). Terrorism: A Philosophical Enquiry. Palgrave Macmillan. p. 10.
18
Robert Mackey (20 November 2009). "Can Soldiers Be Victims of Terrorism?". The New York Times.
Retrieved 11 January 2010.
19
Crenshaw, Martha, Terrorism in Context, p. 77.
 P a g e | 12

Having the moral charge in our vocabulary of 'something morally wrong', the term
'terrorism' is often used to abuse or denounce opposite parties, either governments
or non-state-groups.

Those labelled "terrorists" by their opponents rarely identify themselves as such,

and typically use other terms or terms specific to their situation, such
as separatist, freedom fighter, liberator, revolutionary, vigilante, militant,
paramilitary, guerrilla, rebel, patriot, or any similar-meaning word in other
languages and cultures. Jihadi, mujaheddin, and fedayeen are similar Arabic words
that have entered the English lexicon. It is common for both parties in a conflict to
describe each other as terrorists.

On whether particular terrorist acts, such as killing non-combatants, can be

justified as the lesser evil in a particular circumstance, philosophers have expressed
different views: while, according to David Rodin, utilitarian philosophers can (in
theory) conceive of cases in which the evil of terrorism is outweighed by the good
that could not be achieved in a less morally costly way, in practice the "harmful
effects of undermining the convention of non-combatant immunity is thought to
outweigh the goods that may be achieved by particular acts of terrorism".20

3.2 Types
Depending on the country, the political system, and the time in history, the
types of terrorism are varying.

In early 1975, the Law Enforcement Assistant Administration in the United States
formed the National Advisory Committee on Criminal Justice Standards and
Goals. One of the five volumes that the committee wrote was titled Disorders and
Terrorism, produced by the Task Force on Disorders and Terrorism under the
direction of H. H. A. Cooper, Director of the Task Force staff.

The Task Force defines terrorism as "a tactic or technique by means of which a
violent act or the threat thereof is used for the prime purpose of creating
overwhelming fear for coercive purposes". It classified disorders and terrorism
into six categories:
20
Rodin, David (2006). "Terrorism". In E. Craig (Ed.), Routledge Encyclopedia of Philosophy. London:
Routledge.
 P a g e | 13

 Civil disorder – A form of collective violence interfering with the peace, security,
and normal functioning of the community.
 Political terrorism – Violent criminal behaviour designed primarily to
generate fear in the community, or substantial segment of it, for political purposes.
 Non-Political terrorism – Terrorism that is not aimed at political purposes but
which exhibits "conscious design to create and maintain a high degree of fear
for coercive purposes, but the end is individual or collective gain rather than the
achievement of a political objective".
 Quasi-terrorism – The activities incidental to the commission of crimes of
violence that are similar in form and method to genuine terrorism but which
nevertheless lack its essential ingredient. It is not the main purpose of the quasi-
terrorists to induce terror in the immediate victim as in the case of genuine terrorism,
but the quasi-terrorist uses the modalities and techniques of the genuine terrorist and
produces similar consequences and reaction.[101][102][103] For example, the
fleeing felon who takes hostages is a quasi-terrorist, whose methods are similar to
those of the genuine terrorist but whose purposes are quite different.
 Limited political terrorism – Genuine political terrorism is characterized by
a revolutionary approach; limited political terrorism refers to "acts of terrorism
which are committed for ideological or political motives but which are not part of a
concerted campaign to capture control of the state".
 Official or state terrorism – "referring to nations whose rule is based
upon fear and oppression that reach similar to terrorism or such proportions". It may
also be referred to as Structural Terrorism defined broadly as terrorist acts carried
out by governments in pursuit of political objectives, often as part of their foreign
policy.
 P a g e | 14

CHAPTER – 4

4.1 Relation between Illegal Immigration and Terrorism

Terrorism is a hazard to human life and material prosperity that should be

addressed in a sensible manner whereby the benefits of actions to contain it
outweigh the costs. With the changing times and world peace edging towards
the tip of the iceberg, terrorism has come to be related to the migration of people
from one country to another which is not entirely legal.

Although it is a pitiful situation for the people, usually ethnic minorities or

people suffering in their own land, has to move towards the other country for
refuge. Also, the fact cannot be ignored that it creates a loss for the country’s
own social and economic situation, along with a wave of social terrorism, with
people losing opportunities they deserve by the people who are mere
‘immigrants’.

Also, another fact cannot be ignored that the immigrants are being labelled as
the terrorists due to the religious differences, and with the pain of being kicked
out from their own land, creating a wave of terrorism in other countries.

4.2 In relation to Rohingya Influx

The Rohingya, a mostly Muslim ethnic minority in Myanmar, have been

called the "world's most persecuted minority," and recent events have added
dramatically to their misery.

At least 500,000 Rohingya have fled to neighboring Bangladesh since

August of this year. Although the crisis has intensified in recent months, the
targeted, sometimes violent, discrimination of this minority group is
anything but new.
 P a g e | 15

4.2.1 Who are the Rohingyas?

The Rohingya are a Muslim ethnic minority group from Myanmar's

Rakhine state, just south of Bangladesh, who have at times numbered 1.1
million. Officially, Myanmar's government does not recognize the Rohingya
as lawful citizens. The government claims they were brought to Rakhine
from Bangladesh during the time when Myanmar was a British colony, and
the government says they are living in Myanmar illegally. Ask the
Rohingya and they’ll tell youthey have been in the region for over a
century, and some claim to have been in the region from as early as the
eighth century. Regardless of when the Rohingya arrived in Myanmar, the
military junta that controlled Myanmar until recently denied them
citizenship in 1982, leaving them stateless and vulnerable.

4.2.2 Timeline of crisis

Attacks on the Rohingya have been systematic and widespread, reportedly

at the hands of the Myanmar police and military, leading to what the UN
High Commissioner for Human Rights, Zeid Ra'ad Al Hussein, called a
"textbook example of ethnic cleansing."

A controversial report by the Myanmar government found no evidence of

systematic violence against the Rohingya, but the country has refused to
allow the UN or outside organizations or journalists to conduct an
independent investigation.

The crisis first started on June 10th of 2012 in northern Rakhine between ethnic
Rakhine Buddhists and Rohingya Muslims. This resulted in gang rape and
murder of a Rakhine women by Rohingyas and killing of ten Burmese Muslims
by Rakhines. In return, Rohingya burned a Rakhine’s Buddhist and their houses.
As of August 22nd, 2012 it is officially estimated as the total of 88 causalities
including 57 Muslims and 31 Buddhists. Nearly 90000 peoples lost their home
and around 2500 houses were burned in the crisis.
 P a g e | 16

The government of Myanmar systematically isolates the ethnic minority. This

resulted in the migration of thousands of Rohingyas to Bangladesh, Malaysia,
Indonesia and Thailand by rickety boats (hence called boat people). According
to United Nations from January to March in 2015, approximately 25000 people
have been taken by boats to different countries and many of them died.

The Myanmar Military started exploitation against Rohingyas in 2016. In the

initial attack, many of them died and many were arrested. This resulted in the
migration of Rohingyas towards Bangladesh as refugees. In November,
approximately 1500 refugee houses in border villages of Myanmar was burned
by special forces. The scenarios after this were even worse. Many Rohingya
women were gang raped, men and kids killed. The refugee boats in Naf river
were under gun fire by Military. In March 2017, 423 detainees were put arrested
which includes women and children. The crisis resulted in the displacement of
nearly 92,000 people from their home land.

4.2.3 Response to Rohingya crisis

 UN Response –
In August 2016 UN established a nine-person commission led by former
UN Secretary – general Kofi Annan to discuss the options to propose a
solution. The committee submitted its final report to the Myanmar
Government on August 23, 2017. The committee’s final report
included recommendations to reduce communal tension and support much-
needed development efforts in the impoverished state.

 ASEAN Response –
There has been no coordinated response to the Rohingya problem from the
ASEAN. The nature of the response indicates a divided region. Till now, there
remains a notable lack of pressure on Myanmar from the ASEAN. Unlike the
1989 Comprehensive Plan of Action on Indochinese Refugees, which oversaw
cooperation between recipient countries of 275000 Vietnamese refugees, no
 P a g e | 17

agreement has been made among the four largest destination countries of
refugees from Myanmar. At first, Malaysia refused to provide any kind of
refuge to the people reaching its shore but agreed to “provide provisions and
send them away”. Later, Malaysia and Indonesia agreed to provide temporary
refuge to the Rohingya. Thailand said, it would provide humanitarian
assistance and would not turn away boats that wish to enter its waters.

 Bangladesh –
Bangladeshi Prime Minister Sheikh Hasina called her own country’s
economic migrants “mentally sick” and said that they could have better lives
in Bangladesh, and complained they were discrediting Bangladesh by leaving.
Shortly thereafter, the Bangladeshi Government announced plans to relocate
the 32,000 registered Rohingya refugees who have spent years in camps near
the Myanmar border. The 200,000 unregistered other refugees were not
officially part of the government’s relocation plan. Initially, Thengar Char, an
island 18 miles east of Hatiya Island was reportedly selected for the relocation.
A subsequent report put the location as 200 hectares selected on Hatiya Island,
a nine-hour, the land-and-sea journey from the camps.

 United States –
The State Department of United States expressed its intent to take in
Rohingya refugees as part of international efforts. Since 2002 the United
States has allowed 13,000 Myanmar refugees. Chicago, home to ‘Refugee
One’, has one of the largest populations of Rohingyas in the United States.

Myanmar leader Aung San Suu Kyi said that the world is facing instability and
conflict in part because illegal immigration spreads terrorism, as her country faces
accusations of violently pushing out hundreds of thousands of unwanted Rohingya
Muslims. Suu Kyi did not mention the refugee exodus in a speech to European and
Asian foreign ministers in Myanmar’s capital, Naypyitaw. But her speech
highlighted the views of many in the country who see the Rohingya as immigrants
who arrived illegally and accuse them of terrorist acts.
 P a g e | 18

Suu Kyi said the world is in a new period of instability as conflicts around the
world give rise to new threats and emergencies, citing “Illegal immigration’s
spread of terrorism and violent extremism, social disharmony and even the threat
of nuclear war. Conflicts take away peace from societies, leaving behind
underdevelopment and poverty, pushing peoples and even countries away from one
another.”

4.2.4 India’s Response to Rohingya Crisis

Nearly 40000 Rohingyas have their home in India now. India has been receiving
Rohingya refugees and allowing them to settle in the different parts of the
country over the years, especially after the communal violence in the state of
Rakhine in 2012. In 2012 December, India’s external affairs Minister visited
Rakhine and donated 1 million dollars for relief. However, India considers the
refugee crisis as an internal affair of Myanmar.

On August 9, 2017, Rajya Sabha MP Rajeev Gowda posed several questions to

Union minister of state for home affairs Kiren Rijiju. The questions pertained to
the condition of Rohingya refugees in the country and were framed as follows: (a)
whether the (home) ministry has framed a policy with regard to Rohingya refugees
in India; (b) if so, whether it involves other stakeholders, such as our neighboring
countries; (c) whether reports stating that government plans to deport the 40,000
Rohingya refugees are true; and (d) if so, the reasons for such plans?

The minister’s response was to outline a plan to deport around 40,000 Rohingya, or
“illegally staying foreign nationals”, from India. He said that the central
government had directed the state governments to set up district task forces to
“identify and deport” the foreign nationals. Since India is not a signatory to the
United Nations Convention on Refugees, refugee status granted by the United
Nations High Commissioner for Refugees (UNHCR) to the Rohingya was
irrelevant to their deportation. According to the Government of India, there are no
 P a g e | 19

refugee camps established for either Bangladeshis or Rohingyas in India and there
were only schemes of assistance for Tibetan and Sri Lankan refugees.

India's government informed that it has evidence showing some Rohingya in the
country have ties to "terror organisations" and pose a security threat that justifies a
mass deportation of the ethnic group. India's home ministry said it would
confidentially share intelligence information with the Supreme Court showing
Rohingya links with Pakistan-based armed groups, in a bid to get legal clearance
for plans to deport 40,000 Rohingya.

The Supreme Court is also hearing an appeal lodged on behalf of Rohingya against
the deportation plan proposed by Prime Minister Narendra Modi's Hindu
nationalist government. India's home ministry submitted an affidavit to the court
arguing the hardline stance was justified by the security threat posed by illegal
immigrants from the majority-Muslim Rohingya ethnic group, hundreds of
thousands of whom have fled from Myanmar to Bangladesh, from where many
have crossed into India. "The court has no business to interfere in such matters of
what they call illegal immigrants or illegal migrants," the government said in the
affidavit.

Also, India considers the issue as an internal affair of Myanmar. Indian believes
that ASEAN has an undeniable responsibility to resolve this crisis. India does not
want a conflict of interests with the new regime in Myanmar-Myanmar has a key
role in India’s Look East Policy. The country already has several issues like
poverty, unemployment etc for her own people.
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CONCLUSION

The statelessness of the Rohingyas and the lack of empathy towards the plight of the
Rohingyas have contributed to the adoption of extremist methods by them. If not
addressed pragmatically, the Rohingya crisis will only cause more violence, leading to
more refugees and chronic instability in the region. ASEAN, India and Bangladesh
need to discuss the Rohingya crisis together to work for an optimum solution to the
problem. The first step would be to convince the present government in Myanmar about
the benefits of well-coordinated cooperation between ASEAN members, India and
Bangladesh to tackle the issue.

The platforms of the regional and sub-regional institutions including ASEAN Regional
Forum (ARF) and the Bay of Bengal Initiative for Multi-Sectoral, Technical and
Economic Cooperation (BIMSTEC) need to be more effectively used to discuss the
issue openly and take advantages of the experience of countries like India and Thailand
who have long experience in dealing with insurgency and terrorism. Here, ASEAN
needs to push aside the principle of non-interference in the internal affairs of a member
country as the Rohingya crisis is not a one-country problem.
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BIBLIOGRAPHY

Secondary Source:

Books:

1. Laura Devine, Immigration Law, 1st edition, Thomson Reuters.

2. Myra Williamson, Terrorism, War and International Law: The Legality of the Use
of Force Against Afghanistan in 2001, Ashgate.

Websites:

Thomas Reuters, Myanmar replaces general-in charge of Rakine State after Rohingya
crackdown, http://www.cbc.ca/news/world/myanmar-replaces-general-rakhine-state-
rohingya-crackdown-1.4399914, (Last Updated, 13th Nov 2017)

Illegal Immigration, Wikipedia,

https://en.wikipedia.org/wiki/Illegal_immigration#Effects_of_illegal_immigration, (Last
Updated, Oct 10, 2014)

Sarah Gibbens, Myanmar’s Rohingya in Crisis – What you Need to Know,

https://news.nationalgeographic.com/2017/09/rohingya-refugee-crisis-myanmar-burma-
spd/ (Last Updated, Sept 27th, 2017)

Esther Htusan, Nobel Winner links Terrorism to Illegal Immigration,

https://www.sfgate.com/world/article/Nobel-winner-links-terrorism-to-illegal-
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Insighias, The Disaster Next Door: on the Rohingya Issue,

https://www.insightsonindia.com/2017/09/11/insights-editorial-disaster-next-door-
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