This article has been written by Ms. Jaanvi Keshav, a 4th year student of Himachal Pradesh National Law University, Shimla.

Abstract

This article delves into the role of the United Nations Security Council (UNSC) in addressing the Rohingya crisis, a protracted humanitarian issue marked by mass displacement, violence, and systemic discrimination against the Rohingya Muslim minority in Myanmar. The article assesses the legal framework underpinning the UNSC’s authority and responsibility to intervene in situations that pose threats to international peace and security, with a focus on the evolving concept of the Responsibility to Protect (R2P). Furthermore, it explores the historical context of the Rohingya crisis and evaluates the effectiveness of previous UNSC actions and resolutions in mitigating the human rights violations suffered by the Rohingya population. 

• Introduction

The Rohingya crisis, characterized by widespread violence, displacement, and discrimination against the Rohingya Muslim minority in Myanmar, stands as one of the most pressing humanitarian challenges of our time. This article endeavors to scrutinize the role of the United Nations Security Council (UNSC) in addressing the multifaceted and protracted crisis, assessing its effectiveness in upholding international peace and security while attending to severe human rights violations. The Rohingya, an ethnic Muslim minority residing primarily in the Rakhine State of Myanmar, have faced long-standing persecution marked by state-sponsored violence, forced displacement, and denial of basic rights. The crisis escalated dramatically in 2017 when a military crackdown resulted in a mass exodus of hundreds of thousands of Rohingya fleeing to neighboring Bangladesh. This influx strained regional resources and sparked an international outcry, highlighting the urgency of addressing the complex challenges posed by the Rohingya crisis. this research endeavors to contribute to the ongoing discourse on international law and humanitarian interventions, providing insights into the complexities of addressing the Rohingya crisis within the framework of the United Nations Security Council.

• UNSC’s Mandate and Responsibility

The legal framework governing the United Nations Security Council (UNSC) is primarily outlined in the Charter of the United Nations. The UNSC is granted broad powers and responsibilities, particularly under Chapter VII of the Charter, which addresses actions that may threaten international peace and security.

The UN Charter, established in 1945, serves as the foundational document of the United Nations. It defines the purposes and principles of the organization, outlining the structure and functions of its various organs, including the Security Council. Key provisions relevant to the UNSC’s mandate include Articles 1, 24, and 25. Chapter VII of the UN Charter confers extraordinary powers to the UNSC in situations involving threats to international peace and security. The UNSC is empowered to take a range of measures, including diplomatic, economic, and military actions, to address such threats. The Security Council has the authority to make binding decisions that member states are obligated to implement.

The Responsibility to Protect (R2P)

While not explicitly outlined in the UN Charter, the concept of the Responsibility to Protect (R2P) has evolved as a guiding principle in the context of the UNSC’s responsibility. R2P asserts that states have a responsibility to protect their populations from genocide, war crimes, ethnic cleansing, and crimes against humanity. When a state is unable or unwilling to fulfill this responsibility, the international community, through the UNSC, may intervene to protect the affected population.

• The Rohingya Crisis: Historical Context

The Rohingya crisis has deep historical roots, shaped by colonial legacies, post-independence political changes, discriminatory policies, and escalating violence. During British colonial rule in the 19th and early 20th centuries, the region that is now Myanmar was part of British India. Rohingya, an ethnic Muslim minority, were brought in as migrant laborers for agricultural projects. They were officially recognized as an ethnic group during this period. Post-independence, Myanmar gained sovereignty in 1948, but the Rohingya’s status became a contentious issue. The government increasingly questioned their legitimacy as citizens, branding them as illegal immigrants. Discriminatory policies, limiting access to education, healthcare, and employment, intensified over the years. The situation worsened with the passage of the 1982 Citizenship Law, which denied the Rohingya citizenship, rendering them stateless and subjecting them to systematic discrimination. Severe restrictions on the movement of the Rohingya within Myanmar contributed to their isolation and vulnerability. Many were confined to displacement camps with poor living conditions, perpetuating a cycle of poverty and limiting opportunities. The persecution escalated, especially in the Rakhine State, leading to reports of extrajudicial killings, sexual violence, and forced displacement.

The military crackdown in 2017, triggered by attacks on security forces by a Rohingya insurgent group, resulted in widespread atrocities, including massacres and the burning of villages. This led to a massive exodus of Rohingya to neighboring Bangladesh. The scale and brutality of the violence prompted allegations of ethnic cleansing and genocide, with the United Nations and human rights organizations documenting evidence of crimes against humanity. The international community, including the United Nations, condemned the persecution and called for accountability. However, diplomatic efforts faced challenges, as Myanmar denied widespread human rights abuses and resisted international intervention. The Rohingya crisis represents a complex interplay of historical, social, and political dynamics, with ongoing humanitarian challenges and the need for effective international responses to address the plight of this vulnerable minority group.

• UNSC Actions And Resolutions

The United Nations Security Council (UNSC) has addressed the Rohingya crisis through various resolutions and statements, reflecting the international community’s concern over the situation. Key actions include:

• Resolution 2106 (2013):

It was adopted on June 24, 2013 and expressed deep concern about the situation in Rakhine State, Myanmar. It urged the government of Myanmar to take immediate action to address inter-communal tensions.

While the resolution acknowledged the seriousness of the situation, it did not impose any sanctions or authorize more robust measures. It primarily focused on urging Myanmar to address the root causes of the tensions.

• Presidential Statements (2016-2017):

The statements were issued on November 2016 and December 2017. They expressed concern about the violence and displacement in Rakhine State and urged the Myanmar government to exercise restraint and protect the rights of all individuals within its borders.

Presidential statements are not legally binding resolutions but carry political weight. These statements highlighted the UNSC’s concern over the situation without invoking stronger measures.

• Resolution 2393 (2017):

It was adopted on December 22, 2017. It called for an immediate cessation of violence in Rakhine State. It urged Myanmar to create conditions for the safe, voluntary, and dignified return of displaced persons. It also emphasized the importance of humanitarian access to affected areas.

The resolution represented a step forward by explicitly addressing the humanitarian aspects of the crisis. However, it did not invoke Chapter VII of the UN Charter, limiting its enforceability.

• Resolution 2429 (2018):

It was adopted on July 10, 2018. It extended the mandate of the UN Secretary-General’s Special Envoy on Myanmar and urged the implementation of recommendations from the Advisory Commission on Rakhine State, chaired by Kofi Annan.

The resolution focused on diplomatic efforts and supported the recommendations aimed at addressing the root causes of the crisis, but it did not introduce coercive measures.

1. Assessment of UNSC’s Effectiveness

While these resolutions and statements reflected the UNSC’s recognition of the severity of the Rohingya crisis, there has been criticism regarding the effectiveness of these measures:

1. The resolutions did not impose sanctions or other coercive measures on Myanmar, as some member states were hesitant to take stronger action due to concerns about sovereignty and potential counterproductive consequences.
2. Despite calls for a cessation of violence, the situation on the ground did not witness a significant improvement. Reports of human rights abuses, displacement, and denial of basic rights to the Rohingya persisted.
3. The UNSC’s recommendations, particularly those related to humanitarian access and the protection of civilians, faced challenges in implementation due to Myanmar’s resistance and limitations on international intervention.

• Challenges and Limitations

The UNSC’s actions on the Rohingya crisis have faced several challenges:

1. The presence of veto-wielding permanent members, particularly China, which has close ties with Myanmar, has limited the UNSC’s ability to take decisive actions. Veto power has been a significant obstacle in achieving a unified response.
2. Some member states have expressed concerns about infringing on Myanmar’s sovereignty, leading to reluctance in endorsing more robust measures or intervention.
3. The lack of a comprehensive accountability mechanism for those responsible for human rights abuses has been a significant limitation. Calls for international criminal investigations have faced resistance.

• Responsibility to Protect (R2P) in the Rohingya Crisis

The Responsibility to Protect (R2P) is a principle that emerged in the early 2000s, highlighting the international community’s responsibility to prevent and respond to mass atrocities, including genocide, war crimes, ethnic cleansing, and crimes against humanity. The application of R2P to the Rohingya crisis involves examining the principles and challenges associated with its implementation:

R2P Principles focus on addressing root causes through diplomatic efforts, promoting inclusive policies, and fostering dialogue in Myanmar. If preventive actions fail, R2P allows for coercive measures, from sanctions to potential use of force authorized by the UNSC under Chapter VII of the UN Charter. These principles emphasize on providing timely and effective humanitarian assistance, including food, shelter, and medical care for displaced Rohingya. After the crisis, R2P calls for supporting post-conflict reconstruction, reconciliation, and sustainable peace.

However there may be certain challenges to R2P application. States may resist international intervention, perceiving it as an infringement on sovereignty; Myanmar has been resistant to external involvement. UNSC challenges include veto power and divergent interests among members, limiting decisive action in the case of the Rohingya crisis. Effective R2P implementation requires coordinated and timely international action, facing challenges such as lack of consensus and delayed responses. Achieving justice for mass atrocities is challenging, particularly when impartial investigations face obstacles.

Conclusion

In conclusion, this research paper has endeavored to comprehensively analyze the role of the United Nations Security Council (UNSC) in addressing the Rohingya crisis, with a specific focus on humanitarian concerns. The Rohingya crisis, characterized by historical discrimination, persecution, and the 2017 mass exodus, has posed a severe challenge to the international community’s commitment to upholding human rights and preventing mass atrocities. The examination of the legal framework, particularly the UN Charter and the Responsibility to Protect (R2P), has shed light on the authority and responsibilities vested in the UNSC. The Charter’s Chapter VII grants the UNSC the power to intervene in situations that threaten international peace and security, while the evolving concept of R2P emphasizes preventive measures, humanitarian assistance, and, in extreme cases, coercive actions. However, the practical application of these principles in the context of the Rohingya crisis has faced significant challenges. The historical context of the Rohingya crisis, as explored in this research, underscores the deep seated nature of discrimination and persecution. The denial of citizenship, restrictions on movement, and violence against the Rohingya have roots in colonial legacies and post-independence political dynamics. The crisis escalated in 2017 with a brutal military crackdown, leading to a massive displacement of Rohingya into neighboring Bangladesh. The examination of past UNSC actions and resolutions has revealed a mixed record, marked by a lack of coercive measures and challenges in implementation. In light of the complexities and challenges discussed throughout the research, the UNSC’s response to the Rohingya crisis has been constrained by geopolitical realities and the delicate balance between the principles of sovereignty and the responsibility to protect. Recommendations for enhancing the UNSC’s response include strengthening diplomatic efforts, establishing accountability mechanisms, ensuring humanitarian assistance and access, and fostering international cooperation. As the Rohingya crisis persists, it remains a litmus test for the international community’s commitment to human rights and the prevention of mass atrocities. 

References

• This article was originally published on the website of UNICEF. The link for the same is herein https://www.unicef.org/emergencies/rohingya-crisis.

• This article was originally published on the website of UNHCR. The link for the same is herein https://www.unrefugees.org/news/rohingya-refugee-crisis-explained/.
• This article was originally published on the website of BBC. The link for the same is herein https://www.bbc.com/news/world-asia-41566561.
• This article was originally published on the website of Council on Foreign Relations. The link for the same is herein https://www.cfr.org/interview/rohingya-crisis-and-meaning-genocide.
• United Nations Security Council. (2013). Resolution 2106 (2013). Retrieved from UN Document.
• United Nations Security Council. (2016). Presidential Statement on the Situation in Rakhine State, Myanmar. Retrieved from UN Document.
• United Nations Security Council. (2017). Presidential Statement on the Situation in Rakhine State, Myanmar. Retrieved from UN Document.
• United Nations Security Council. (2017). Resolution 2393 (2017). Retrieved from UN Document.
• United Nations Security Council. (2018). Resolution 2429 (2018). Retrieved from UN Document.