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The Rohingya Refugee Crisis and Human Rights: What Should ASEAN Do?

In: Asia-Pacific Journal on Human Rights and the Law
Author:
Zezen Zaenal Mutaqin Lecturer, School of Sharia and Law, State Islamic University (UIN), Syarif Hidayatulla, Jakarta. SJDCandidate, UCLALaw School, USA, zezen.zaenal@uinjkt.ac.id

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This article will argue that there are three related issues of concern regarding the Rohingya crisis: (1) a singular focus on persecution and nationality in Myanmar; (2) statelessness and displacement in the region; and (3) grave human rights violations amounting to international crimes including genocide and crimes against humanity. This article will discuss active steps that ASEAN should take. To ensure that Myanmar will willingly accept the responsibility to address the source of the problem, the international community, particularly ASEAN, has to stand firm against Myanmar’s gross violation of human rights. At the same time, ASEAN must deal with the refugee crisis by formulating a workable regional framework. This article will deal with the underlying conflict paradigm in all refugee issues: how to reconcile state sovereignty vis-á-vis responsibility and how to ensure protection of both human rights and state security.

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