The Rohingyas are Indigenous Race of Burma
By Aman Ullah
“Muslims of Arakan certainly belong to one of the indigenous races of
Burma which you represent. In fact there is no pure indigenous race in
Burma, and that if you do not belong to indigenous races of Burma, we
also cannot be taken an indigenous races of Burma.” Saw Shwe Thaik, the
first President of Union of Burma
Indigenous peoples were the descendants of those peoples that
inhabited a territory prior to colonization or formation of the present
state.
The Muslims of Arakan have a more than 1300 years old tradition,
culture, history and civilization of their own expressed in their
shrines, cemeteries, sanctuaries, social and cultural institutions found
scattered even today in every nock and corner of the land. By
preserving their own heritages from the impact of Buddhist environments,
they formed their own society with a consolidated population in Arakan
well before the Burmese invasions of Arakan in 1784.
Jacques Leider, in his article, ‘Between Revolt and Normality: Arakan
after Burmese Conquest’ mentioned that, “we admit of a total population
of Arakan of circa 250,000 in the time of (the Burmese) conquest, the
country steadily lost up to 50% of its population. English observers
estimated the Arakanese population at about 100,000 at the time of the
British conquest.”
According to the British government document on the cultures and
inhabitants of Arakan by the Secret and Political Department, Fort
William dated 26th April 1826, “The population of Arracan and its
dependencies Ramree, Cheduba & Sandaway does not at present
exceed 100,00 souls, may be classed as — Mughs six tenths, –
Mussalman three tenths, – Burmese one tenth, Total 100,000
Souls–.” As to Mr. Paton, Sub Commissioner of Arakan, who submitted this
report from Akyab, “The extent of the Population has been tolerably
well ascertained, proved a census taken by Mr. Robertson, and
myself, and may be considered as approximating very nearly to the
truth.”
That’s means that among the 100,000 souls; Mughs 60,000, Muslims
30,000 and Burmese 10,000. So in the date of conquest of Arakan by the
British, there remained thirty-thousand Muslims and these thirty
thousand Muslims were living there from before, now their descendants
and successors have increased leaps and bounds.
No one in British Burma would dispute that there was a group of
“Arakan Muslims” who could indeed trace their roots back to the 17th
Century and even earlier and who were quite distinct from the
Chittagonians and Bengali immigrants to Arakan.
According to the censuses of both 1921 and 1931, it has clearly
mentioned that, ‘There was a Muslim community in Arakan, particularly in
Akyab District, who prefers to call themselves Arakan-Mahomadens and
were quite distinct from the Chittgonians and Bengali immigrants to
Arakan.’ ‘According to Baxter report of 1940, paragraph 7, “This
Arakanese Muslim community settled so long in Akyab District had for all
intents and purposes to be regarded as an indigenous race.”
Who are indigenous races was defined in Article 3 (1) of the Union
Citizenship Act, 1948, which states: “For the purposes of section 11 of
the Constitution the expression any of the indigenous races of Burma
shall mean the Arakanese, Burmese, Chin, Kachin, Karen, Kayah, Mon or
Shan race and such racial group as has settled in any of the territories
included within the Union as their permanent home from a period
anterior to 1823 A. D. (1185 B.E.)”. These two categories of people and
those descended from them are automatic citizens. They did not require
applying to court for naturalization.
Hence, these Muslims of Arakan, who identify themselves as Rohingya,
are for all intents and purposes to be regarded as an indigenous race
and are also a racial group who had settled in Arakan/Union of Burma as
their permanent home from a period anterior to 1823 A. D. (1185 B.E.).
According to the Mr. Sultan Ahmed, the then a member of the
Constituent Assembly, ‘When section II of the Constitution of the Union
of Burma was being framed, a doubt as to whether the Muslims of North
Arakan fell under the section sub-clauses (1) (II) and (III), arose and
in effect an objection was put in to have the doubt cleared in respect
of the term “Indigenous” as used in the constitution, but it was
withdrawn on the understanding and assurance of the President of the
constituent Assembly, at present His Excellency the President of the
Union of Burma, who when approached for clarification with this
question, said, “Muslims of Arakan certainly belong to one of the
indigenous races of Burma which you represent. In fact there is no pure
indigenous race in Burma, and that if you do not belong to indigenous
races of Burma, we also cannot be taken an indigenous races of Burma.”
Being satisfied with his kind explanation, the objection put in was
withdrawn.
Being one of the indigenous races and bona fide citizens of Burma,
the Rohingyas were enfranchised in all the national and local elections
of Burma: – during the later colonial period (1935-1948), during the
democratic period (1948-1962), during the BSPP regime (1962-1988), 1990
multi-party election held by SLORC and 2010 General Election held by
SPDC except 2015 November 8 Election. Their representatives were in the
Legislative Assembly, in the Constituent Assembly and in the Parliament.
As members of the new Parliament, their representatives took the oath
of allegiance to the Union of Burma on the 4thJanuary 1948. Their
representatives were appointed as cabinet ministers and parliamentary
secretaries.
This is Burma Gazette Extra Ordinary issued by the Ministry of Home
Affairs, dated 30th July 1949, letter No. 282/ HD- 49 in which it was,
mentioned that the Arakanese Muslims of Maungdaw and Buthidaung
townships of Akyab district as indigenous peoples of Burma.
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