UN and the Rohingya crisis: Expectation vs reality

The Rohingya crisis stands as one of the most pressing and tragic humanitarian disasters of the 21st century. Since 2017, the military in Myanmar has executed brutal campaigns against the Rohingya Muslim minority, leading to widespread violence, systemic sexual violence, and mass displacement. 

More than 700,000 Rohingya have sought refuge in Bangladesh, a situation that the United Nations (UN) and various international organisations have labelled as ethnic cleansing, with serious allegations of genocide also being raised. 

This week, After 11 months of fighting, the Arakan Army has taken control of the Maungdaw township in Myanmar's Rakhine State. With Maungdaw now under Arakan Army control, a fresh influx of Rohingya refugees into Bangladesh is being expected. Currently, approximately 1.2 million Rohingya refugees are residing in the overcrowded camps in Bangladesh, especially in the Cox's Bazar area.

The crisis has put the UN's founding mission of promoting and safeguarding international peace, security, and human rights to the test, challenging the organisation's effectiveness and moral standing. In response to severe human rights violations, the UN has engaged in a combination of humanitarian aid, investigative efforts, and diplomatic strategies. 

To understand the UN's involvement in this crisis, it is crucial to acknowledge the long-standing history of discrimination and marginalisation that the Rohingya have faced in Myanmar. This predominantly Muslim ethnic group has inhabited Myanmar's Rakhine State for generations. However, they are not recognised as one of the official ethnic groups in Myanmar and were rendered stateless by the 1982 Citizenship Law.

This legislation stripped them of their citizenship rights, effectively barring them from essential services such as healthcare, education, and freedom of movement. 

The UN's most significant involvement in the Rohingya crisis has been through its humanitarian efforts, primarily led by the United Nations High Commissioner for Refugees (UNHCR), the World Food Programme (WFP), and the United Nations Children's Fund (UNICEF). These organisations have played a crucial role in delivering life-saving aid to the displaced Rohingya in the vast refugee camps of Cox's Bazar in Bangladesh, which now hosts one of the largest refugee populations globally. 

Despite these initiatives, the UN's humanitarian response has encountered significant obstacles. The most urgent issue is chronic underfunding. Reports indicate that the UN's funding appeals to support Rohingya refugees have repeatedly fallen short, forcing agencies like the WFP to struggle to meet essential needs. This funding gap highlights a broader problem of donor fatigue, particularly as the crisis continues without a resolution in sight.

Moreover, the UN's political involvement in the Rohingya crisis has been much more controversial and criticised than its humanitarian efforts. Diplomatic interactions with Myanmar have been marked by missed opportunities, a lack of determination, and a tendency to respect Myanmar's internal sovereignty, which has limited the international community's capacity to prevent atrocities. 

In the years leading up to the 2017 crisis, the UN adopted a policy of cautious engagement with Myanmar, especially after the country shifted to a quasi-civilian government in 2011. This period was viewed as a time of democratic reform. During this phase, the UN was reluctant to apply significant pressure on Myanmar regarding the Rohingya situation, fearing it might jeopardise the fragile democratic progress. 

The UN's efforts were further complicated by the divisions within the UN Security Council. China and Russia, both permanent members of the Council, have consistently blocked more decisive actions to defend Myanmar's sovereignty. China's strategic interests in Myanmar, which include significant economic investments and a geopolitical need to maintain influence in the region, have fuelled its resistance to international intervention. Russia's opposition stems from its broader stance against Western-led interventions in sovereign nations. 

Consequently, the UN Security Council has been unable to pass any binding resolutions regarding Myanmar, limiting its response to non-binding statements of condemnation and calls for investigations. This diplomatic stalemate highlights the broader challenges the UN faces in taking decisive action when powerful states have conflicting interests, hindering its ability to fulfil its moral obligation to prevent atrocities.

Additionally, the UN has sought to pursue accountability for the atrocities committed through the UN Human Rights Council (UNHRC) and its Independent International Fact-Finding Mission on Myanmar. This mission concluded that Myanmar's military had acted with genocidal intent and recommended prosecuting senior military officials. 

The International Criminal Court (ICC) has also initiated an investigation into crimes against humanity committed by Myanmar, while the International Court of Justice (ICJ) has taken up a case filed by The Gambia, accusing Myanmar of violating the Genocide Convention. 

These developments illustrate the UN's commitment to upholding international law and ensuring that those responsible for serious crimes do not escape justice.

However, the progress toward accountability has been frustratingly slow and mostly symbolic. Myanmar has shown little willingness to engage with international investigations, and its leadership remains uncooperative. Moreover, while the ICC has the authority to address certain cross-border crimes, it lacks full jurisdiction over Myanmar since the country is not a signatory to the Rome Statute. This limitation has significantly restricted the investigation's scope. 

The crisis also underscores the shortcomings of the UN's commitment to the "Responsibility to Protect" (R2P) doctrine, which emerged after the Rwandan and Bosnian genocides. R2P posits that the international community has a moral duty to intervene when states fail to protect their populations from atrocities. However, in reality, the application of R2P has been infrequent, especially in scenarios involving the interests of powerful states. The Rohingya crisis serves as a clear example of the difficulties in enforcing R2P in a world where geopolitical factors often take precedence over humanitarian needs. 

Furthermore, the UN's reliance on voluntary contributions from its member states to support humanitarian efforts creates a persistent vulnerability. When donor countries shift their focus or lose interest, the UN's capacity to deliver aid is significantly affected.

To enhance the UN's effectiveness in addressing the Rohingya crisis, a comprehensive strategy is essential, targeting both structural and operational weaknesses. Importantly, reforming the UN Security Council is vital, especially by limiting the veto power of its permanent members. Implementing mechanisms that facilitate urgent humanitarian interventions, even in the face of vetoes, could improve the UN's responsiveness to crises. 

Alongside, the UN should bolster its collaboration with regional organisations like the Association of Southeast Asian Nations (ASEAN) to apply diplomatic pressure on Myanmar, ensuring accountability and the safe, voluntary return of Rohingya refugees. Moreover, the UN's humanitarian efforts need to be sustained and adequately funded, shifting focus from immediate relief to long-term solutions, such as resettlement and enhancing living conditions for Rohingya in Bangladesh. 

To address funding shortfalls, the UN might consider innovative financing strategies, including partnerships with the private sector or global crowdfunding initiatives. In terms of accountability, the UN must continue advocating for international legal action, ensuring that investigations by the International Criminal Court (ICC) and proceedings at the International Court of Justice (ICJ) receive full support and are expedited. By expanding the jurisdiction of these bodies, we could deter future atrocities and demonstrate a stronger commitment to justice. 

Ultimately, a more proactive diplomatic approach, structural reforms, enhanced regional cooperation, and solid funding strategies are crucial for improving the UN's effectiveness in addressing the Rohingya crisis.

The Rohingya crisis serves as a stark reminder of the United Nations' challenges in effectively tackling mass atrocities in today's world. Although the UN has been vital in providing humanitarian aid and documenting the crimes against the Rohingya, its overall response has been hindered by diplomatic shortcomings, insufficient funding for relief efforts, and a sluggish pursuit of justice. This situation highlights the pressing need for reform within the UN system, especially in developing more effective mechanisms to prevent such atrocities.

Dr Mohammad Kamrul Hasan is a Public Administration and Transboundary Crisis Management Researcher. 

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.