The Controversy Surrounding Rohingya Citizenship and the Question of Their Legal Residency in Myanmar

The Rohingya people have faced significant challenges related to their citizenship status in Myanmar, a debate that has been at the heart of ethnic tensions and human rights concerns for decades. The controversy surrounding the Rohingya settlement and citizenship in Myanmar is complex and multifaceted, with profound implications for the region's politics and the well-being of its citizens.

Different Schools of Thought

There are two principal perspectives regarding the status of the Rohingya people in Myanmar: one is the viewpoint of the Myanmar government and its Buddhist-majority population, and the other is the stance taken by the government of Bangladesh, the Rohingya themselves, and other concerned parties.

The Government of Myanmar and Its Buddhist Majority Perspective

Proponents of the Myanmar government and its Buddhist-led population often regard the Rohingya as 'outsiders' and 'foreign residents,' with most living in the northern Rakhine State. They view the Rohingya as direct descendants of immigrants from the Chittagong region in East Bengal (now Bangladesh) and label them 'Bengalis' in official documents, media, and school textbooks. This perspective presents the Rohingya as a potential threat to Myanmar's national security.

The Rohingya and Their Defenders' Perspective

Conversely, the government of Bangladesh, the Rohingya themselves, foreign governments, international organizations, and scholars contest the official stance of Myanmar. They argue that the Rohingya have lived in Arakan (now Rakhine State) for a long time and are not illegal immigrants from Bangladesh.

The '1982 Citizenship Law' of Myanmar

Central to the debate is the '1982 Citizenship Law,' enacted by Myanmar's military government. This law stipulates that only those whose ancestors settled in the country before 1823, the start of British colonial rule in Arakan, are considered citizens. This law further perpetuates the idea that the Rohingya are foreigners, as they are said to have settled in Arakan after its annexation by the British in 1824.

Historical Evidence and Scholarly Research

Historical evidence and scholarly research strongly challenge the notion that the Rohingya are illegal immigrants from Bangladesh. Early historical documentation and scholarly studies reveal that the Rohingya have a long history in Arakan, dating back to the 7th century, well before British colonial rule.

Early Settlements and Empirical Evidence

For instance, Rohingya Muslims have been living in Rakhine State since the 8th century. Human Rights Watch traces the well-established presence of the Rohingyas in Mrauk-U, a kingdom in Arakan. Additionally, scholarly documents mention that the Rohingya had ruled over Arakan for over 250 years until the Burmese invasion in 1784. This evidence can also be corroborated through historical records, such as those of Francis Buchanan, who noted the Rohingya as a distinct community long before British rule.

The Role of British Colonial Rule

During the British colonial era, the movement of people in the region was often seen as internal migration, facilitated by porous borders and British policies that encouraged labor movements between East Bengal and Burma. This historical context further undermines the claim that the Rohingya are illegal immigrants.

British Colonial Legacy and Mobility

Chattogram (now Cox's Bazar) came under British rule in 1760, and the borders of the British Indian Empire were quite open before and during the colonial period. People could easily move across the region without permission or legal documents. Additionally, the British policy of moving populations between East Bengal and Burma to suit their labor needs contributed to significant movements across the region, which were often deemed seasonal migrations.

The Illegality Question

Given the historical context, it is meaningless to term the population's movement and settlements between Arakan (Myanmar) and Chittagong (British India) as illegal before the borders were demarcated among independent states. The concept of illegal immigration only arises after the independence and border demarcation.

The Way Forward

For a long-term resolution to the Rohingya crisis, it is crucial to recognize the historical legitimacy of the Rohingya's presence in Arakan. Resolving their status as an ethnicity is a fundamental step toward addressing this complex issue. Until this is achieved, the status of the Rohingya remains ambiguous, and solutions to their plight unattainable.