Relevance: GS-2: Effects of Policies and Politics of Developed and Developing Countries on India’s interests, Indian Diaspora.

Key Phrases: Military rule, Myanmar, Parliamentary democracy, India Myanmar Border, Mizoram, Chin refugees, Ministry of Home Affairs, Ethnic Ties, Traditionally free movement, Mutual empathy and solidarity, Foreigners Act, 1946, UN Refugee Convention 1951, Principle Of Non-Refoulement.

Why in News?

• Influx of Chin refugees in Mizoram since last one year. are not refugees who have simply run away to save their lives.
• Despite Ministry of Home Affairs (MHA) orders to “detect and deport the refugees” the State Government in Mizoram is allowing the refugees, which includes the rebels who have opted to go into self-exile and continue to extend support to the People's Defense Armed Forces (PDF) and other anti-Tatmadaw militias like the Chin Defence Force and the Chin National Army.
• While Centre's approach is security-centric, Mizoram government has a magnanimous, people-centred policy towards Chin refugees from Myanmar.

Who are the Chin people?

• The Chins are one of the major ethnic groups in Myanmar, and are mostly Christians. They are residents of the Chin state in west Myanmar, bordering India and Bangladesh.

Why did the Chins become refugees?

• Buddhist-majority Myanmar has mostly been governed by a military junta who have carried out forced assimilation and repression of the Chin people. This has resulted in numerous and often violent civil conflicts.

History of Military rule in Myanmar (Burma):

• Myanmar has been ruled by a military junta for many of the years since it gained independence from British colonial rule in 1948.
• The Union of Burma began as a parliamentary democracy. But representative democracy lasted only until 1962, when General U Ne Win led a military coup and held power for the next twenty-six years.
• General U Ne Win had brought in a new constitution in 1974, which was socialist and isolationist in nature.
• This resulted in economic deterioration, widespread corruption, rapid shifts in economic policy related to Myanmar currency and food shortages.
• This overall crisis resulted in the eruption of massive protests and a government crackdown in 1988.
• After the 1988 crackdown, General U Ne Win resigned and in 1989, a new military regime changed the country’s name from the Union of Burma to the Union of Myanmar.
• The argument for this change is that Burma was a vestige of colonial era favouritism towards the Burman ethnic majority and Myanmar is more inclusive in nature.
• In 2008, a new constitution was put forth by the military. This remains in place even today.
• In 2011, the military junta was suddenly dissolved and a civilian parliament was established.
• In 2015 Myanmar held its first nationwide, multiparty elections—considered to be the freest and fairest elections in decades—since the country’s transition away from military rule.
• Aung San Suu Kyi became Myanmar’s de facto leader in 2015.
• In February, 2021 the civilian Government was overthrown in a military coup and protest and voilence again engulfed the country.

Issues between Central government and Mizoram on Chin refugees:

• On March 10, 2021 the Central government had inter-aliaa directed the governments of four States – Arunachal Pradesh, Manipur, Mizoram and Nagaland to identify and deport the Myanmar refugees entering India.
• The State government of Mizoram backed by the civil society at large, has not only extended a warm welcome to everybody wanting to come in but has also communicated to the Central government that it cannot be “indifferent” to the concerns of refugees from Myanmar. This is in defiance to the Ministry of Home Affairs (MHA) orders to “detect and deport the refugees”.
• The Mizoram government is issuing certificates of identity to Myanmar refugees who have taken shelter in the State.
• Around 22,000 refugees are estimated to be in Mizoram since the junta cracked down on pro-democracy protesters in Myanmar more than a year ago.

Why India is refusing shelter to Chin refugees?

• Immigrants are susceptible to recruitment by "terror" groups:
  • The all Chin refugees currently in Mizoram are not refugees who have simply run away to save their lives.
  • They are rebels who have opted to go into self-exile and continue to extend support to the People's Defense Armed Forces (PDF) and other anti-Tatmadaw militias like the Chin Defence Force and the Chin National Army.
• Infringe on rights of Indian citizens:
  • They "not only infringe on rights of Indian citizens but also pose grave security challenges"
• Social, political and cultural problems.
  • Influx of migrants also leads to social, political and cultural problems.
  • It includes the loss of cultural norms, religious customs, and social support systems, adjustment to a new culture and changes in identity and concept of self.

Why Mizoram Government is supporting Chin refugees?

• Ethnic Ties:
  • The residents of Mizoram and Manipur have opposed the Central goverment due to the cross border ethnic ties.
  • Common history of the Mizos and Chins and the unique social-political realities between the two people on either side of the India-Myanmar border.
  • They share a strong ethnic bond predating India’s Independence, as they come from the same larger Zo tribe.
• Traditionally free movement:
  • Along the largely unfenced Mizoram-Myanmar border, people from both sides have traditionally moved in and out freely.
  • The Free Movement Regime (FMR) in 2018 between India and Myanmar legalised this practice.
  • The FMR allows both the Mizos and Chins on either side to go up to 16 km on the other side and stay up to 14 days.
  • This has facilitated ease of movement wherein a large number of borderlanders routinely cross over on either side for work and to meet relatives.
  • Cross-border marriages are common, and so is trade in essential commodities.
• Long history of mutual empathy and solidarity:
  • There is also a fairly long history of mutual empathy and solidarity between the Mizos and the Chins.
  • From the 1960s to the 1980s, the Chin people extended open support and sanctuary to the members of the Mizo National Front, who were fighting for secession from the Indian Union.
  • Similarly, when the Chins were subjected to brutal repression at the hands of the junta regime during the 1988 pro-democracy movement in Myanmar, the Mizos extended a helping hand.

Refugee policy in India:

• India does not have any policy on refugee management.
• In the absence of a uniform and comprehensive law to deal with asylum seekers, India lack a clear vision or policy on refugee management.
• Laws such as the Foreigners Act, 1946, the Registration of Foreigners Act, 1939, the Passports Act (1967), the Extradition Act, 1962, the Citizenship Act, 1955 (including its controversial 2019 amendment) and the Foreigners Order, 1948 club all foreign individuals together as “aliens”.
• India has neither subscribed to international conventions on the topic nor set up a domestic legislative framework to deal with refugees,
• Earlier India dealt with it in an ad hoc manner like foreigners tribunal for tamil refugees.
• India is not a member of UN Refugee Convention 1951.

Way forward:

• Given this history, India ought to be a natural leader on the question of refugee rights on the world stage. However, our present actions and our lack of a legal framework does our heritage no credit and fails to match up to our actual past track record.
• India has been, and continues to be, a generous host to several persecuted communities, doing more than many countries, but is neither a signatory to the 1951 UN Refugee Convention, nor does it have a domestic asylum framework.
• Our judiciary has already shown the way forward on this: in 1996, the Supreme Court of India ruled that the State has to protect all human beings living in India, irrespective of nationality, since they enjoy the rights guaranteed by Articles 14, 20 and 21 of the Constitution to all, not just Indian citizens.
• It troubles us that a country with proud traditions and noble practices remains legally neither committed nor obliged to do anything for refugees, even if we behave humanely in practice.
• It is high time that the Government formulates a policy on refugee management.

Source:  Indian Express

Mains Question:

Q. Formulation of a policy on refugee management in India must be acoorded a top priority. Discuss the statement in the light of current refugee crisis in Mizoram.