What is childhood?

Rohingya Children
By: Aya, Ashlyn, Avneet, Naida, Shikemi
History

1785: A dominant ethnic group in

Burma invaded the land of Arakan
(Rakhine State) causing thousand to
be executed or deported to central
Burma. Nearly 35,000 had to flee to
escape the persecution.
1823

The British ruled Burma

after many wars. The
Rohingyas were kept
distinct throughout their
rule and they, as Muslims,
were preferred to carry out
administrative roles. This
caused a fuel for
nationalism as the Burmese
Buddhists felt threatened
and unsupported under the
British rule.
1982

THE CITIZENSHIP LAW:

- Identifies 135 ethnic groups.
- The Rohingya nationality was
denied, leaving them
stateless.
- This had caused them to flee
to many neighbouring
countries
 Video

https://www.youtube.com/watch?v=ZP6g0VTFFFY
Current Situation
● Cox Bazar, Bangladesh is the world's largest refugee camp. It is home
to over a million refugees, more than half of which are children.
● Heavy rain and flooding leave hundreds of thousands of children
homeless and at risk of contracting waterborne diseases.
● There have been over 300 reported fire outbreaks in the past five years
● In a 2017 Unicef report, 1 in 4 children were acutely malnourished,
nearly half are anemic, 40 per cent have diarrhea and more than half
have acute respiratory infections.
Education Crisis

"People prey on the most vulnerable and

take advantage of those who are
uneducated.”

● About 16% of children aged 3–14 and 81% of adolescents aged 15–24
have no access to education in the refugee camps.
● Bangladesh prohibits humanitarian aid groups from providing Rohingya
children with a formal education
● Reports based on interviews with 100 Rohingya children, show belief that
the barriers to schooling is not due to a lack of resources, but a deliberate
attempt to prevent the further integration of refugees.
Exploitation

● Rohingya children are sold into forced labour to raise money for
desperate families
● Mainly young girls from the ages of 13, are being trafficked for
sexal explotiation purposes.
● Many are afraid to give up sex work as it is the only way they
know how to provide for their families.

“The stories we commonly hear are of vulnerable people being

approached by traffickers with false promises of work and a better life.
Some people simply do not realise the risks. Others may be aware it is
dangerous, but feel their situation is so desperate that they are willing to
take extreme measures, perhaps sacrificing one family member for the
sake of the rest of the family,...”
 International Obligations of Myanmar regarding children

Myanmar is a party to the Convention of the Rights of the Child

(CRC)

It is also a party to the first Optional Protocol to the CRC

on the involvement of children in armed conflict

as well as the Optional Protocol to the CRC on on the sale of children,

child prostitution and child pornography

It is NOT however party to the third Optional Protocol of the

CRC, on communication procedures.

Despite being party to the CRC and its first to additional protocols, the state of Myanmar has largely failed to meet
its basic obligations under the Convention.
 Violations of the core values of CRC

NO DISCRIMINATION
Preamble of the CRC: “everyone is entitled to all the rights and
freedoms set forth therein without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status,”

Article 2 paragraph 2. of the CRC: “States Parties shall take all

appropriate measures to ensure that the child is protected against all
forms of discrimination or punishment on the basis of the status,
activities, expressed opinions, or beliefs of the child's parents, legal
guardians, or family members.”
The clear discrimination of Rohingya
Children violates the very core principles
of the CRC
Violations of Rights under the CRC
Other clear violations under the CRC:

- the right to life under Article 6 of the CRC, (mass shootings, starvation, denial of medical treatment)
- The right to ‘acquire a nationality’ under Articles 7, and 8. (denial of citizenship and limited access to
identity cards)
- Article 14, Article 30 freedom of Religion and to be part of a minority group (direct discrimination
based on religion, and the burning down of mosques)
- Article 24, the Right to Medical Treatment and hygiene (lack of effective medical assistance, and
prevention of access to humanitarian aid)
- Article 28, The the right to an education (displacement, and poor schooling facilities)
- Article 34, protection from sexual abuse (rape of children)
- Article 32, protection from economic exploitation (Forced labour)

There are many more violations…in fact. Rohingya children could be argued to have almost no rights at all
The Rights of refugees under the CRC
If they are not granteD rights as citizens, what about their rights as refugees?
Article 22 of the CRC:

- “1. States Parties shall take appropriate measures to ensure that a child who is seeking refugee
status or who is considered a refugee…, receive appropriate protection and humanitarian
assistance in the enjoyment of applicable rights set forth in the present Convention and in other
international human rights or humanitarian instruments to which the said States are Parties”

But even their rights as refugees are not being implemented or protected by Myanmar or neighbouring
states

Bangladesh is also a party to the CRC and its first additional protocols on Child soldiers and Child
prostitution. What about its obligations?
Naida - International Rights of the Child

Remedies under the CRC

What can the CRC do when rights are being violated?

Difficult to implement rights under the CRC where a state is

not cooperative:

Article 4 .The state is expected to: “undertake all appropriate legislative, administrative, and other
measures for the implementation of the rights recognized in the present Convention.”

The state is also expected to submit reports as to progress in this regard under Article 44. But little
progress is being made by Myanmar to cease violations or improve conditions.

Article 45: “The specialized agencies, the United Nations Children's Fund, and other United Nations
organs shall be entitled to be represented at the consideration of the implementation of such provisions “

Myanmar is not signed to protocol III of the CRC on communication procedures and neither is
Bangladesh. Who will protect their rights, and report their abuse?
Genocide
The level of violations go beyond human rights violations and have
been argued to even amount to Genocide, and Crimes against humanity.

United Nations Convention on the Prevention and Punishment of the Crime of Genocide 1948

Article 2:
“In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in
part, a national, ethnical, racial or religious group, as such:

a) Killing members of the group;

b) Causing serious bodily or mental harm to members of the group;
c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or
in part;
d) Imposing measures intended to prevent births within the group;
e) Forcibly transferring children of the group to another group.”

But The ‘intention’ requirement under article 2 of the Genocide Convention is notoriously difficult to satisfy
How has international law dealt with this?

The UN Human Rights Council has mandated fact-finding missions to assess the situation
and investigate the human rights violations.
- This includes: collecting testimonies, investigating incidents, and finding those
responsible. Things like satellite imagery can help for future legal proceedings
- After this information was presented to a number of bodies such as UN General
Assembly, UN security Council, etc.

The International Criminal Court (ICC) initiated an investigation into alleged crimes against
humanity, particularly the deportation of the Rohingya to Bangladesh.
Alleged Violations of the Genocide Convention

Gambia filed a lawsuit against Myanmar,

alleging violations of the Genocide
Convention.

This was a state-to-state dispute since they

believed they were violating the genocide
convention after the finding out of the rape,
torture, arson and forcing them to flee to
Bangladesh.
How could their situation be improve?

● More financial resources are required for the humanitarian response, not just for basic needs but also
for education and psychological support

For instance, in 2022, they aimed to gather more than $881 million to support 1.4 million people, including
over 918,000 Rohingya refugees and around 540,000 Bangladeshis in neighbouring communities.

This funding is crucial for providing lifesaving protection and assistance services, such as health, nutrition,
education, and livelihoods support. However, funding often falls short of the targets. For example, as of
mid-2023, a joint response plan by humanitarian organisations had only reached about 29% of its $876
million target. Consistent financial support is vital to sustain the hopes and aspirations of the refugees and
the host communities.
Greater diplomatic and economic pressure on the Myanmar government could be applied by more
countries to encourage reforms and protect the Rohingya.

The international community, including individual countries and regional organisations, could increase
diplomatic efforts to encourage Myanmar to create conditions conducive for the safe and voluntary return
of the Rohingya. This includes advocating for full legal recognition of the Rohingya's right to citizenship,
repeal of discriminatory legislation, and implementation of measures to respect and protect human rights.
The UN Human Rights Council has emphasised the need for an inclusive and democratic political system
in Myanmar, underscoring the importance of national reconciliation and respect for the rights of all
persons.
BIBLIOGRAPHY
- Prosecutor v Omar Hassan Ahmad Al Bashir, ICC-02/05-01/09, Arrest Warrant (4 March 2009).

- Puac-Polanco, Victor; Kalia, Vrinda; Kingsbury, Diana ‘Health Risks of Rohingya Children in Bangladesh’ [2020]
- Sarah Khan ‘The Everyday Challenges of Rohingya Children’ (Ek Plate Biryani, 1 August 2022)
- UN Human Rights Council, Report of the Independent International Fact-Finding Mission on Myanmar, 39th sess, Agenda Item 4, UN Doc A/HRC/39/50 (24
August 2018).
- Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), [2007] ICJ Rep 43
(26 February 2007).
- https://reliefweb.int/report/bangladesh/nearly-7000-rohingya-refugees-homeless-fire-blazes-through-camp-coxs-bazar
- https://ekplatebiryani.com/rohingya-children/ accessed 9 January 2024

- ‘Rohingya Crisis’ (UNICEF for every child, 8 January 2024)

https://www.unicef.org/emergencies/rohingya-crisis#:~:text=How%20is%20the%20Rohingya%20crisis,child%20marriage%20and%20child%20labour
accessed 10 January 2024
- ‘Rohingya Crisis’ (Save the Children) https://www.savethechildren.net/what-we-do/emergencies/rohingya-crisis# accessed 9 January 2024
- United Nations ‘Troubling situation for Rohingya children in Myanmar, reports UNICEF’ (January 9 2018)
https://www.youtube.com/watch?v=ZP6g0VTFFFY accessed 29 January 2024

- International Court of Justice, 'Public hearings in the case concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide
(The Gambia v. Myanmar)' (Press Release, 23 January 2020).
- UNHCR, Rohingya Refugee Crisis - 2019 Joint Response Plan (March 2019).
BIBLIOGRAPHY
Office of the High Commisioner for Human Rights, Status of Ratification Interactive Dashboard https://indicators.ohchr.org/ (accessed
22/01/2024)

Llard K. Lowenstein for Fortify Rights, “Persecution of the Rohingya Muslims: is Genocide Occuring in Myanmar’s Rakhine State? A legal
analysis”, Yale University 2015, Yale_Persecution_of_the_Rohingya_October_2015.pdf (fortifyrights.org) (accessed 22/01/2024)

M. Mahruf C. Shohel “Education in emergencies: challenges of providing education for Rohingya children living in refugee camps in
Bangladesh”, Education Inquiry (2022) , 13:1, 104-126, https://www.tandfonline.com/doi/full/10.1080/20004508.2020.1823121 (Accessed
23/01/2023)

[1] Amnesty International, Myanmar: “Crimes against humanity terrorize and drive Rohingya ou, 2017t”
https://www.amnesty.org/en/latest/news/2017/10/myanmar-new-evidence-of-systematic-campaign-to-terrorize-and-drive-rohingya-out/ (accessed
19/01/2024)

United Nations, Convention on the Rights of the Child 1989

https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child (accessed 27/01/2024)

United Nations, Convention on the Prevention and Punishment of the Crime of Genocide 1948
https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.1_Convention%20on%20the%20Prevention%20and%20Punishment
%20of%20the%20Crime%20of%20Genocide.pdf
(accessed 27/01/2024)
BIBLIOGRAPHY

‘The Rohingya Crisis: Explained’ (Save the Children) <

https://www.savethechildren.org/us/what-we-do/emergency-response/rohingya-crisis > accessed 20 January 2024
‘Myanmar: No Justice, No Freedom for Rohingya 5 Years On’ (Myanmar: No Justice, No Freedom for Rohingya 5 Years On, 24 August
2022) <https://www.hrw.org/news/2022/08/24/myanmar-no-justice-no-freedom-rohingya-5-years > accessed 20 January 2024
‘Rohingya Refugee Girls Were Sold into Forced Labor, Un Says’ (Rohingya Refugee Girls Were Sold Into Forced Labor, UN Says, 17
October 2018) <https://www.globalcitizen.org/en/content/refugee-girls-sold-into-forced-labour-bangladesh /> accessed 10 January 2024
‘Malnutrition, Anemia and Disease Plague Rohingya Refugee Children – UNICEF’ (UNICEF USA) <
https://www.unicefusa.org/press/malnutrition-anemia-and-disease-plague-rohingya-refugee-children-unicef > accessed 19 January 2024
‘Bangladesh Camp Blaze: “We Weren’t Able to Climb the Fence and the Fire Was Approaching”’ (Bangladesh camp blaze: ‘We weren’t
able to climb the fence and the fire was approaching’ | MSF UK, 26 March 2021) <
https://msf.org.uk/article/bangladesh-camp-blaze-we-werent-able-climb-fence-and-fire-was-approaching > accessed 19 January 2024
Esveld BV, ‘“are We Not Human?”’ (Human Rights Watch, 28 March 2023) <
https://www.hrw.org/report/2019/12/03/are-we-not-human/denial-education-rohingya-refugee-children-bangladesh#:~:text=Inside%20the
%20camps%2C%20not%20only,children%20Bangla%2C%20Bangladesh%27s%20national%20language
.> accessed 20 January 2024