POSITION PAPER DIPONEGORO MODEL UNITED NATION 2015
ROHINGYA CASE
KINGDOM OF THAILAND
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.
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