POSITION PAPER DIPONEGORO MODEL UNITED NATION 2015

ROHINGYA CASE

                                       KINGDOM OF THAILAND                                               

                                     Social, Humanitarian and Cultural Committee                        

KaniaRahmaNureda

Faculty of Law UNDIP

Against for the Rohingyaethnic is never solved. Myanmar thought that Ethnic Rohingyais not part of the citizens and considers that the ethnicare illegal immigrants who came from neighboring countries to the Myanmar (based on 1982 Citizenship Law). But on the other hand, many countries consider that discrimination even human rights for  ethnicRohingya continues over time based on the minority groups embraced Islam, a different race, color etc. With continued pressures, ethnic Rohingya go out from Myamnar as the sea sailing with boat to many countries to seek asylum. Variety of rejection and acceptance on humanitarian grounds from many countries foundby the Rohingya ethnic.

Earlier, Deputy Minister of Defence of ThailandUdomdejSitabutr said that Thailand is not a country of destination of immigrants from Myanmar and Bangladesh. As a country which joined the ASEAN, Thailand agreed to solve the Rohingya ethnic. Indonesia and Malaysia and Thailand have agreed to continue to provide humanitarian assistance for seven thousand irregular migrants at sea. Thailand held a special meeting to discuss the exodus of thousands of immigrants from Myanmar and Bangladesh with Malaysia and Indonesia in the Wednesday, May 20, 2015 and the result: "The Thai government said it would not return the immigrants who were stranded in Thailand waters into the sea"

            Despite delivering assistance, Thailand reluctant to provide shelter because it has been burdened with immigrants from Myanmar. If Rohingya want to seek asylum in Thailand, then they will be charged as illegal immigrants, under the laws in force in Thailand. Here, the kingdom of Thailand to take measures to support the United Nations in order to provide a solution to the ethnic Rohingya can live on humanitarian grounds.

In February 2014: Thailand announces it has deported around 1,300 since November 2013 Rohingya refugees back to Burma / Myanmar, blatantly violating international humanitarian law.

In 20 May 2015: The Government of Indonesia, Malaysia and Thailand have agreed to continue to provide humanitarian assistance to seven thousand irregular migrants at sea. Thailand has been sending navy ships to patrol and provide humanitarian assistance to the Rohingya refugees who are still bobbing in the Andaman Sea, located in the southeastern Gulf of Benggala. If they are sick, Thailand will take care of them. But if they want to go to other countries, they can. Thailand can not force them to do anything. Assistance such as providing humanitarian aid such as clean water, food, medicine, and other necessities. In fact, prepared to provide fuel for those who plan to continue traveling to the anotherplace.Thailand has held a special meeting to discuss the exodus of thousands of immigrants from Myanmar and Bangladesh with Malaysia and Indonesia, which is the result: "The Thai government said it would not return the immigrants who were stranded in the waters of Thailand to the sea ". Despite delivering assistance, Thailand reluctant to provide shelter because it has been burdened with immigrants from Myanmar

In May 29, 2015, Thailand organized a meeting in Bangkok to discuss immigration issues in the Indian Ocean. The meeting was attended by dozens of countries, two observer countries and three international organizations. The result: the Permanent Secretary in the Ministry of Foreign Affairs of Thailand, NorachitSinhaseni, in the document there is a final statement included a paragraph that contains a call to overcome the factors in the area of ​​origin of illegal immigrants. Including, promote full respect for Human Rights. Including an increase in the economic field. In that document does not mention at all the country of Myanmar. "Myanmar also agreed with the contents of the document.

Rohingya ethnic are stateless. So the discrimination act will be very vulnerable to human rights and violations occur. Their survival is not guaranteed. And the many indications of illegal immigrants has made them suspected to be victims of human trafficking.

About Meeting between Indonesia, Malaysia and Thailand in Kuala Lumpur resulted in an agreement to hold seven thousand immigrants from Bangladesh and Myanmar Rohingya Muslims. Indonesia and Malaysia Expressed Also the international community should provide financial assistance, and carry out the Repatriation within one year.

The lack of response and attention to the countries on this issue is causing this problem, relying on a handful of countries. Thus Spake, a handful of Reviews These countries feel inadequate and worried about the many problems that will hit as: health of immigrant, human trafficking concerns of ethnic and cultural differences with that country which visited by Rohingyaethnic , and some country worried about the security of the country.

Kingdom of Thailand would like to propose Several principles and Efforts in addressing international concerns on solveRohingya case to:

1. The countries associated with the immigrant must work together "to combat smuggling and human trafficking  to prevent large-scale migration in Southeast Asia"

2. ASEAN is committed to providing humanitarian assistance and urged the international community to provide humanitarian assistance and urge the international community to provide protection against illegal immigrants adrift at sea

3. Protection against illegal immigrants at sea based on the basis of international burden sharing and in accordance with the domestic law of each country.

4. Need for the establishment of a medium-term solution and a sustainable long-term solutions to deal with cases of illegal immigrants.

5. The State of origin, transit and destination countries, and the international community must work collectively to solve this problem so it does not become a burden a single country.

6. Routine meeting to discuss the progress of regional cooperation in preventing and solving the problem of illegal immigrants in Southeast Asia in a concrete and sustainable.

To R2P against Myanmar, should mention again about the "Treaty-based mechanism". Based on this mechanism, Myanmar as a state party to CEDAW and the CRC can be penalized of both these committees, but only limited in the issues of women and children only, so do not cover the whole ethnic Rohingya.

About statelessness, SOCHUM have the opportunity to cooperate with other UN such subsidiary organs and ad-hoc committees. SOCHUM can provide input to the UN Human Rights Council and the UN Office of the High Commissioner for Human Rights regarding discrimination and the absence of ethnic Rohingya citizenship status and the UN Office of the High Commissioner for refugees in order to prevent any illegal immigrant to other countries, especially the ASEAN region.

SOCHUM should continue to monitor the results of the verification conducted UNHCR and IOM about the immigrant status clearly.

We believe that our proposal will be in hand with the ongoing work of Social, cultural and humanitarian committee in Realizing the idea of ​​the importance of humanity, free from discrimination and illegal immigrant.

We realize that solving the problem of ethnic Rohingya refugees who sailed into every aspect of the country can not be achieved only by a single effort of the countries due to sovereignty issues involving various countries, therefore Keeping in mind the needs of international Efforts as a whole in Realizing the issue to be resolved together.

Kingdom of Thailand hopes for the discussion and resolution from the committee states in the world, especially ASEAN members must participate to help in the completion of this and has a concrete and sustainable solutions to the problems that have been going on for years can be resolved. Rohingya is one that affects not only Myanmar, but all of ASEAN as well. Yet still conspicuously absent from the agenda of the ASEAN summit. ASEAN and the UN can and should do more.