HUMAN RIGHTS VIOLATIONS AGAINST THE ROHINGYA REFUGEES IN INTERNATIONAL PERSPECTIVE

Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or another status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination.1 After the Second World War, the United Nations' founding countries adopted the Universal Declaration of Human Rights (UDHR) in 1948, which set out all people's fundamental rights and declared them a common standard of achievement for all nations. The UDHR has inspired many international human rights treaties and declarations and the human rights conventions and the other law for human rights protection. Rome

Statute of The International Criminal Court 1998 Article 5 has explained regarding the definitions of human rights violations: "The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction following this Statute concerning the following crimes: The crime of genocide; Crimes against humanity; War crimes; The crime of aggression." As mentioned above, it can be concluded that human rights violations included crimes of genocide, crimes

against humanity, war crimes, and aggression.

As time goes by, many human rights violations occur all over the world. In 2015, Rohingya minority ethnic in Myanmar got discrimination because of ethnic and religious differences. Rohingya ethnic are not recognized by Myanmar and do not obtain citizenship. The Rohingya have been denied Burmese nationality by the Burma Citizenship Law of 1982 on Article 3 and 4: "Nationals such as the Kachin, Kayah, Karen, Chin, Burman, Mon, Rakhine or Shan and ethnic groups as have settled in any of the territories included having the State as their permanent home from a period anterior to 1185 B.C., 1823

A.D. are Burma citizens." and Article 4: "The Council of State may decide whether any ethnic group is national or not" due to this la of legal status citizenship, the Rohingya have become stateless people. This is inversely proportional with the Universal Declaration of

Human Rights Article 15 paragraph (1): "Everyone has the right to a nationality". They do not get legal protection from any country, so various acts of violence are often carried out by the pro-military junta government (horizontally) and by the Myanmar government (vertically). As a result of discrimination treatment, Rohingya Muslims are forced to choose become boat people and left Myanmar to seek security in another country.2The crime against humanity experienced by the Rohingya ethnic such as crimes against humanity deportation or forcible transfer of population. Crimes against humanity of deportation or forcible transfer of people in Article 7 paragraph (2) letter C of the Rome Statute of The International Criminal Court 1998 explained that removal or forcible transfer of people

One retrieved from https://www.un.org/en/sections/issues-depth/human-rights/ on 21 October 2020. 2Irma D. Rismayati. (, 2009). Manusia Perahu Rohingya: Tantangan Penegakan HAM di ASEAN, Vol 1 October 2009. Page 17 (with translation)

forced employing eviction or other coercive action from the area where they are live legally without being given the reasons permitted by international law. Besides that, Rohingya also got prohibition to worship. There are restrictions to renovate any mosque and built a new mosque. This is inversely proportional with the Universal Declaration of Human Rights

Article 18: "Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance."

The settlement of Rohingya ethnic case can be solved by mediation according to Article 33 United Nations Charter: "The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.

(2)The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.". Mediation is a method of case settlement through negotiations involving a third-party as mediator. Suppose mediation is unable to solve the Rohingya ethnic case. In that case, this case can be taken over by the United Nations Security Council through the International Criminal Court, even Myanmar is not participating country that has ratified the International Criminal Court, but that does not mean the Rohingya ethnic case can not be judge through the International Criminal Court. Because all citizen are under the jurisdiction of the

International Criminal Court in one condition among others: first, the country where the incident occurred ratify the International Criminal Court treaties; second, the government has to recognize the jurisdiction of the International Criminal Court on an ad hoc basis; third, the United Nations Security Council submit the case to the International Criminal Court.3 As mentioned above, the International Criminal Court has the right to judge the Rohingya ethnic case.